Violation Of Obligations Research Articles

Pertanggungjawaban Pidana Terhadap Terapis Gigi dan Mulut Atas Dugaan Malpraktik Medik di Praktik Mandiri

Dental and oral health service can be provided by Dental Therapists who have practice license in independent practice. The professional attitude of dental and oral therapists is applied to avoid medical malpractice which is an action or practice that is wrong or deviates from the correct provision or procedures. The formulation of the problem in this research is what criminal liability is for dental and oral therapists who commit medical malpractice in independent practice. The aim of this research is to determine criminal liability is for Dental Therapists who commit medical malpractice in independent practice. The research method used is problem approach used is the applicable law approach and the conceptual approach. The result of the research found that in carrying out independent practice, Dental Therapists found of violation of obligation which lead to criminal act, so Dental Therapists must be held criminal responsible and criminal sanctions are regulated in article 359 and 360 of the Criminal Code explains that the dental and oral therapist made a mistake (negligence) causing patients to be seriously injured or die, is threatened with a maximum prison sentence of five years or a maximum prison sentence of one year. The criminal liability of dental and oral therapists for violating obligations or committing negligence in independent practice must of course be proven in accordance with criminal law theory.The conclusion of this research, that in conduting personal practice, Dental Therapists must meet the applicable requirements, and if there ia a violation that causes harm to the patients, they must be held and face criminal sanctions.

Результаты целевого трудоустройства медицинских работников в городах и сельской местности.

Targeted training of future medical workers and their guaranteed employment is one of the state measures to address the issue of the shortage of specialists. The key mission of targeted training is the balanced regulation by the organization of training and employment. Currently, there are not enough scientific studies on the results and effectiveness of this measure in the health care system, but many researchers emphasize the problems of targeted employment of medical workers. According to the studies of a number of authors, the imperfection of normative legal regulation of issues of targeted training allows graduates not to fulfill the obligations of employment in medical organizations upon graduation [3–9]. The purpose of the study. Conduct an analysis of indicators reflecting the specifics of targeted employment of health workers in organizations located in urban and rural areas in 2022 and 2023. Materials and methods. The study used statistical data for 85 constituent entities of the Russian Federation on the basis of an operative documented request to the health protection authorities of the constituent entities of the Russian Federation, containing information on the number of employed doctors and nursing staff within the framework of targeted training, as well as the planned values of targeted employment in accordance with the concluded contracts. The study period is 2022 and 2023. The total data on targeted employment of medical workers after completion of the specialty program and completion of residency in the context of the names of positions of doctors and nursing staff were analyzed. Analytical and descriptive statistics methods were used in the research process. Results. The share of doctors and nursing staff employed after completion of targeted training from the total number of medical workers in organizations located in rural areas is higher than the share of those recruited to work in urban medical organizations. On average, 1.3% of doctors and 0.21% of nursing staff are annually recruited to urban medical organizations as part of targeted employment out of the total number of the respective key medical personnel as of the end of the reporting year. In rural areas, these figures are 2.6% and 0.30%, respectively. Specialists are predominantly employed in urban medical organizations, while in rural areas – district doctors. The study revealed that in 2023 there were 128.1 target recruitments per 10,000 doctors in urban areas in a given year, and in 2022–124.8, i. e. the intensity of employment by target recruitment in urban areas increased by 2.6% in two years. In rural areas, there were 260.2 target recruitment admissions per 10,000 physicians in 2023 and 262.8 in 2022, that is, the intensity of target recruitment employment of physicians in rural areas decreased by 1% in two years. When analyzing the indicator comparatively, it is noted that in rural areas it is almost twice as high as in urban areas. Conclusions. Targeted employment of medical workers is an effective and efficient measure to attract medical personnel to organizations experiencing a shortage of them. The analysis has shown that the intensity rate of targeted employment per 10,000 physicians in urban areas of the country is lower than in rural areas, which amounted to 128.1 and 260.2, respectively. According to the results of the last two years, 60% of the doctors planned for targeted employment fulfilled their obligations, including 50% in rural areas. The main reason for the current level of employment is the failure to meet the planned indicators of targeted admission to training due to the violation of obligations by students and graduates, which requires the development of a special methodology for assessing the reasonable formation of the plan for targeted recruitment to educational organizations in the context of each medical organization. When comparing the number of vacant positions of doctors and the number of employed graduates within the framework of targeted recruitment, a significant range of the indicator among the subjects of the Russian Federation was revealed, which is presented in the interval from 1 to 29% (9.0±15.95). In this regard, it can be assumed that the number of persons employed under targeted recruitment does not depend on the additional demand for doctors and does not cover the existing deficit.

교통사고와 과실상계의 판례법리 - 「자동차사고 과실비율 인정기준」에 대한 비판적 분석을 겸하여

The Civil Law of Korea has a negligence settlement system as a legal principle that limits compensation for damages caused by illegal activities(torts). If the negligence of the victim(creditor) has affected the occurrence and increase of the damage, the amount of compensation for damages of the perpetrator(debtor) shall be reduced by taking this into account. It is the attitude of a firm precedent of court decisions that “fault” in the contributory negligence is distinguished from “fault” that is a requirement for illegal activities. That is not a strong negligence of violating obligations, but a weak carelessness required by the principle of good faith. According to court decisions of Korea, a noteworthy solution is drawn when, for example, the perpetrator becomes the victim at the same time, and the victim becomes the perpetrator at the same time, that is, when an accident occurs due to the “fault” of both parties, resulting in an obligation to compensate for damages. Considering that the ratio represents the degree of strong negligence and violation of obligations of both parties regarding the accident itself, the “fault” to be taken into account of the victim(creditor) will usually be greater than the negligence contributed to the occurrence of the accident, so there is a difference between the ratio of the amount of money that the creditor and the debtor will share as a result of the negligence settlement and the ratio of the degree of strong negligence above. For the same reason, the sum of the ratio of the amount of compensation for damages of negligence to be taken into account when offsetting the negligence of one party and the ratio of the other party's negligence is hard to be 1 (100%). However, the “Criteria of contributory negligence in the car accident cases”, which plays a big role in resolving traffic accidents in Korea, shows a different conclusion from the court decisions set forth above. In particular, in the case of automobile versus automobile accidents, the sum of the amount of compensation for damages for negligence to be taken into account when one party's negligence is always 1 (100%), that is, when there is a mutual negligence offset, the amount of money to be shared is called the “fault ratio.” This ratio has the same value for each other's illegal activities. “Criteira of contributory negligence in the car accident cases” of Korea was prepared by referring to Japan's “Certification Standards for Permocation in Civil Traffic Laws,” and Japan's standards take the same attitude with Korea. The Japanese Civil Code also has similar provisions for illegal activities(torts) and contributory negligence with Korea, but Japanese court decisions consider “fault” to be taken into account in contributory negligence as “fault,” which is a requirement for the establishment of illegal activities(torts), which is different from Korean court decisions. As a result, Japan's “Certification Standards for Permocation in Civil Traffic Laws,” faithfully reflects Japan's case practice, which is different from our court practice, and as our “Criteira of contributory negligence in the car accident cases” refers to this Japan standard, it is thought that there was a deviation between our criteria and our court practice.

Examining Civil Law Remedies for Consumers Affected by Counterfeit Branded Goods in E-commerce Transactions

This research aims to find out and explain the forms of legal protection for consumers and dispute resolution efforts related to the sale of counterfeit branded goods through online transactions in Indonesia. The research uses normative methods by reviewing library materials and secondary data and using legal material analysis techniques using a statutory approach. The research results show that consumer protection regarding the sale of counterfeit branded goods through online transactions in Indonesia refers to several statutory regulations, namely: Law Number 11 of 2008 concerning Information and Electronic Transactions, a form of protection for consumers, namely the requirement for business actors to provide correct and clear information regarding goods/services being bought and sold as well as guaranteeing the responsibility of business actors for losses and all legal consequences resulting from violations of obligations in electronic transactions. Based on Law Number 8 of 1999 concerning Consumer Protection, the form of legal protection for consumers is that in 2001 the Government established the National Consumer Protection Agency which then formed the Consumer Dispute Resolution Agency at the regional level. Based on Law Number 20 of 2016 concerning Brands and Geographical Indications, a form of consumer protection is the threat of criminal penalties for business actors who counterfeit brands or buy and sell products resulting from criminal acts. Consumer dispute resolution can be reached through 3 routes, namely peaceful resolution by the parties to the dispute without involving the court or a neutral third party, and settlement through the court. and Out-of-court settlement through BPSK.

Place and role of transport law in the law system of Ukraine

The article reveals the place and role of transport law in the legal system of Ukraine and characterizes the peculiarities of transport relations, sources of transport law. It is noted that transport law is a complex sub-branch of law that combines norms of civil, economic, administrative, land, labor, commercial and a number of other branches of law. Transport law contains public-law and private­law norms that regulate social relations arising in the field of transport activities. Transport activity is accompanied, as a rule, by the conclusion of transport contracts. In its essence, transport law is more closely related to civil law, because property relations make up the material content of transport contracts, transport risk insurance contracts, legal situations of customs clearance of goods, etc. The main factor in property relations in the field of transport are transportation contracts, which are regulated by civil law. A special place is occupied by the protection of the property rights of the parties to obligations arising from transportation contracts.
 It is argued that transport activity includes both the physical movement of passengers, luggage, and cargo from the point of departure to the destination, as well as auxiliary services. Such activities are carried out on the basis of relevant transport contracts. This is the generalized name of all contracts that are regulated by the provision of certain transport services (transportation, forwarding, etc.). The main type of transport contracts is a contract of carriage. Article 908 of the Civil Code of Ukraine establishes the basic provisions regarding contracts for the carriage of cargo, passengers, and luggage, including liability for the main types of violations of obligations arising from carriage contracts; general regulations on transportation. The conditions of transportation of cargo, passengers and luggage by separate modes of transport, as well as the responsibilities of the parties regarding these transportations, are established by the contract, unless otherwise established by the Civil Code of Ukraine, other laws, transport codes (statutes), other normative legal acts and rules issued in accordance with them
 Transport activity, which is accompanied, as a rule, by the conclusion of transport contracts, gives rise to transport legal relations that arise in connection with the operation of transport for the purpose of providing transport services and carrying out related activities in the unity of the organizational-management and economic (civil- law) component of such exploitation
 The subjects of transport legal relations are state authorities and local self-government bodies in relations, in particular, regarding licensing of certain types of transport activities, approval of passports of transport routes, admission of carriers to the activity of transporting passages, etc.; suppliers of transportation transport services - railways, motor transport companies, airlines, etc., which provide relevant services on a contractual basis, at the same time observing certain requirements and standards established by the relevant state authorities; consumers of transport services, which in particular include passengers, consignors and consignees; various auxiliary participants in transport activities, in particular forwarders, agents, insurance companies, etc.
 The object of transport legal relations is activity related to the transportation of goods, passengers, luggage and mail. A distinction is made between the object of transport legal relations and the object (subject) of transportation. The first is a certain good, for example, a transportation service, for the purpose of which subjects enter into legal relations. The object of transportation is cargo, luggage, hand luggage, mail and, of course, a person-passenger.
 Sources of transport law, which are divided into international and national, are analyzed.

Деликтная ответственность за нарушение цифровых прав: проблемы и перспективы развития

Based on the basic provisions of tort law, it is concluded that it is necessary to develop norms on compensation for damage for the loss of digital law. The position on the independent and autonomous qualification of illegal actions of the interventionist in cases of hacker attacks on information systems (blocking, deletion, hacking of the user account of the system, etc.) is argued. According to the author, the actions of the delinquent are the basis not only for the violation of obligations by the debtor, but also for the loss of the creditor’s digital property right. It is concluded that the risks caused by the digitalization of civil turnover should be accompanied by the development of special torts by the legislator.

Терминология института освобождения от ответственности в гражданском праве

The study of the Institute of exemption from liability for breach of obligations is a very relevant topic, due to various kinds of emergencies occurring in the world that affect the fulfillment of obligations by the parties. The article examines the normative concepts that serve as the name of cases when the responsibility of participants in business relations for violation of obligations does not occur. These are the concepts of "exemption from liability", "exclusion of liability" and "elimination of liability". The existence of such different terms in legislation and scientific doctrine, in relation to exemption from civil liability, causes discussion, does not contribute to a uniform understanding and practical application of civil law norms. With the help of general scientific and private scientific methods of cognition, in particular, formal legal, structural and functional, the author analyzes and compares the concepts of "exemption from liability", "exclusion of liability" and "elimination of liability" in order to establish the grounds for the application of these concepts. The article concludes that the criterion for distinguishing concepts from each other and from related legal categories is the presence or absence of elements (conditions) of the offense. The analysis of legal doctrine, legislation and judicial practice, in relation to the concepts of exemption from civil liability, showed that each of the studied terms carries its own content load. Applying different concepts of the institution of exemption from liability, it is necessary to take into account that the term can be either the result of conciliatory actions of the parties to the contract, or follow from the requirements of the norms of the Civil Code of the Russian Federation. In the field of business relations, exemption from liability comes depending on the evidence or lack of evidence of certain circumstances. In the presence of certain conditions, exemption from liability is an exceptional measure aimed at ensuring the stability of economic activity. The paper concludes that it is advisable to introduce a legal definition of the concept of "exemption from liability" into civil legislation, in view of the existing problem of distinguishing between exemption and exclusion of liability. The author defines the concept of "exemption from civil liability". In order to move to a uniform terminological unity, in the norms on exemption for violation of contractual obligations, it is suggested that the concept of "elimination of liability" should be excluded from the normative text, as duplicating the legal meaning of the concept of "exemption from liability".

Does a violation of obligations related to serving a sentence of imprisonment under the electronic surveillance system constitute a separate crime?

Does a violation of obligations related to serving a sentence of imprisonment under the electronic surveillance system constitute a separate crime?

상법 제652조의 통지의무 위반에 따른 보험계약 해지

In the case of an accident while driving a motorcycle after signing an accident insurance, the judgment is divided by the court on whether the Policyholder knew the “legal” meaning of motorcycle driving in relation to the insurance contract according to the evidence submitted by the Plaintiff and the Defendant.
 In the target case, the court accepted the argument made by the insurer that the insured party violated the legal duty to inform after contract them, as they did not inform the insurer despite knowing that motorcycle driving represented an increase in risk. Given that the duty to notification and the duty to inform after contract are considered to be in line with each other in the process of entering into and maintaining an insurance contract, this interpretation appears to be disadvantageous to the general public.
 As a result of reviewing this target judgment, it is deemed necessary to interpret strictly whether the insured party was aware that motorcycle driving posed a ‘significant change or increase in the risk' related to the insurance contract, and whether they were aware of the existence of the duty to inform after contract and its consequences and strengthening the insurer's burden of proof and the duty to explain the terms. It is believed that policyholders can be protected in the reality of the insurance industry, where insurance contracts are concluded under the terms and conditions unilaterally prepared by insurers in a superior economic and social position.

Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

This study examines and analyzes the legal consequences of violations of obligations committed by prospective intern Notaries based on Law Number 30 of 2004 and Law Number 2 of 2014. This study uses normative legal research with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the Article 16A of Law Number 2 of 2014 prescriptively indicates that prospective intern Notaries have attributive authority in doing authentic deeds. On the other hand, it reveals no additional articles providing sanctions if a prospective intern Notary violates this Article 16A of Law Number 2 of 2014. Despite these conditions, prospective intern Notaries ignoring their obligations are not exempt from legal consequences under Article 444 section (1) of Law Number 1 of 2023, Article 1365 of the Civil Code, and Article 12 point 3 of INI Regulation Number 19/PERKUM/INI/2019. Therefore, it is recommended that all stakeholders, including prospective intern Notary and Notary accepting intern, strictly adhere to the legal and regulatory framework governing internships. Further, the House of Representatives could consider for Amendment to Law Number 30 of 2004. In this case, legislation formation must provide more explicit provisions on the limitations and responsibilities of prospective intern Notaries and the consequences of violations. Clarifying these aspects could prevent misunderstandings, enhance the effectiveness of the internship program, and ultimately improve the overall quality and integrity of the Notary profession.

ПРОБЛЕМЫ ДОГОВОРНОГО РЕГУЛИРОВАНИЯ НЕУСТОЙКИ ВО ВНЕШНЕЭКОНОМИЧЕСКИХ СДЕЛКАХ: АНАЛИЗ СИСТЕМНОСТИ ПРАВОПРИМЕНИТЕЛЬНОЙ ПРАКТИКИ

In the context of the rapidly developing process of globalization, one of the priority tasks of any civilized state is to create favorable conditions for foreign economic activity. The position of the state in international economic relations not only determines the authority of the state on the world stage, but also has a positive effect in domestic economic activity. In this regard, the states seek to create a favorable legal regulation of foreign economic turnover, providing its participants with reliable methods of legal protection in case of violations of obligations by counterparties.
 The main purpose of the work is to study and identify the features of the regulation of the institution of penalty in foreign economic contracts. The article considers various approaches to understanding the institution of penalty. The analysis of the existing judicial practice on the reflection of the penalty clause in foreign economic contracts is given.

THE PARIS AGREEMENT'S APPROACH TOWARD CLIMATE CHANGE LOSS AND DAMAGE

Article 8 of the Paris Agreement introduces obligations upon the Parties to the Agreement “with respect to Loss and Damage associated with adverse impacts of climate change.” According to Paragraph 52 of the Conference of the Parties’ Decision, Article 8 is not a basis for liability or compensation. Therefore, the problem is whether violation of obligations leads to a state responsibility. Using a dogmatic method, this research contends that “recognizing the significance of averting, minimizing, and addressing Loss and Damage” means acceptance of responsibility for a breach of obligations. Although the means of seeking reparation would not be compensation, States are obliged to eliminate sources of damage and take precautionary measures to address loss and damage. Notwithstanding this, placing the issue of loss and damage under the Agreement into a separate article can reflect to a great extent the significance of the matter.

A Changed Constitutional Perception of International Law: Demonstrating the Move Ahead With a Turned Back Head?

Abstract Russia has entered a new epoch in its attitude to international law by adopting two small amendments to the Constitution. The 2020 Law “On an Amendment to the Constitution of the Russian Federation” introduced a package of numerous modifications. A few key ones deal with international law. Formally, they relate to the very particular issue on the possibility of refusing to comply with the decisions of international jurisdictional bodies, but in essence, they reflect a fundamental change in the country’s attitude to its obligations in the international community and the role of international law in general. The article assesses the significance of these amendments for the Russian legal system and shows the origins of such a change which was first indicated by the decision of the Russian Constitutional Court (RCC) and the federal constitutional law in 2015. Now this change is incorporated into the Constitution. Supporters of the changes are trying to assure that Russia follows the experience of western countries that conduct a similar policy towards the international courts. The article asserts that the argumentation used in such statements is incomplete and inexact; the real situation of relations between western countries and these courts is different. Russia is essentially the only country with an approved position on the acts of international jurisdictional bodies. It is shown that ensuring the supremacy of the Constitution by the amendments is senseless from a legal point of view. The true meaning of them is to erect barriers to “inconvenient” decisions of international bodies. Failure to comply with them entails a violation of obligations under international law. The amendments are to illustrate a demonstrative movement forward, presumably in line with current realities but in fact, this is a movement with a head turned back, a returning to the past. This policy has already become one of logical steps to Russia’s withdrawal from the Council of Europe (CoE).

ТРАСТОВАЯ СХЕМА ИСПОЛЬЗОВАНИЯ ЦИФРОВЫХ АКТИВОВ В УСЛОВИЯХ ФРАГМЕНТАЦИИ ФИНАНСОВЫХ РЫНКОВ

The article deals with the functioning of international financial markets under sanctions. Opportunistic behavior on the part of international financial institutions in relation to the Russian Federation, expressed in a gross violation of obligations and blocking significant amounts of financial resources, forms an agenda related to the need to reduce the transparency of international transactions in terms of identifying their connection with the Russian Federation. One of the methods for solving the issue is the use of digital assets. The use of digital assets based on blockchain technology makes it possible to maximally anonymize the participants in a particular transaction while guaranteeing its uniqueness and execution, however, if the transaction goes beyond such technology (logistical chains associated with the supply of raw materials, equipment, etc.), then the counterparty is deanonymized outside financial circuit. Partially, that could be solved through the use of companies “gaskets” in the territory of third countries, which leads to a significant increase in the cost of logistics expenses. At the same time, “laying companies” do not provide accessing foreign financial markets and the risk avoidance for counterparties associated with accusations of doing business with companies from the sanctions list. An alternative to such companies could be digital financial assets managed by nominal owners. The paper presents methodological recommendations for the implementation of projects related to the creation of partially secured digital financial assets based on trust agreements, which will mitigate the sanctions impact on the country’s economy in the context of the fragmentation of the global financial system

İVAZLI ALACAĞIN DEVRİNDE SÖZLEŞMEDEN DÖNME VE BUNA BAĞLI SONUÇLARIN TÜRK HUKUKU VE İSVİÇRE BORÇLAR KANUNU GENEL TASARISI ÇERÇEVESİNDE DEĞERLENDİRİLMESİ

Alacağın bir verme, yapma veya yapmama edimi karşılığı devri günümüzde sıkça kullanılan bir hukukî kurumdur. Türk Borçlar Kanunu alacağın devrinde borca aykırılığa ilişkin özel düzenleme olarak sadece devredenin garanti sorumluluğunu düzenlemektedir. Kanun alacak hakkını devralanın borca aykırı davranışına bağlı olarak herhangi bir özel düzenleme getirmemektedir. Bu sebeple, ivazlı alacağın devrinde karşı edim borçlusu devralanın borca aykırılığa neden olması durumunda genel hükümlerin uygulanmasına bağlı olarak devreden sözleşmeden dönme seçimlik hakkını kullanabilir. Alacağın devri sözleşmesinden dönülmesi hâlinde dönmenin, alacağın devri sözleşmesine etkisinin ne şekilde gerçekleşeceği ve devredilmiş alacağın, alacak hakkını devredene tekrar nasıl döneceği sorusu ortaya çıkar. Bunun yanında, sözleşmeden dönme neticesinde devredenin talep edebileceği zararın hukukî niteliğinin de irdelenmesi gerekir. Bu bağlamda, çalışmamızda öncelikle bu konu incelenmiştir. Bununla birlikte, Türk Borçlar Kanunu’nun mehazı İsviçre Borçlar Kanunu’nda benimsenen borca aykırılık sisteminin ihtiyaçlara tam olarak cevap verememesi düşüncesiyle borca aykırılık sistemine yeni yaklaşımlar getirilmektedir. Bu kapsamda düzenlenen İsviçre Borçlar Kanunu Genel Tasarısı (OR 2020) hükümlerinin, yürürlükteki düzenlemelerle karşılaştırmalı olarak ivazlı alacağın devri sözleşmesine etkisinin incelenmesi uygulamadaki sorunlara ışık tutacaktır.

International legal protection of the Carpathians: the Ukrainian dimension

Effective support for the sustainable development of the Carpathian region cannot be provided by only one country, therefore interregional and transnational cooperation is necessary. The article analyzes the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians, which was adopted on May 22, 2003 in Kyiv, as well as its protocols (Protocol on the Conservation and Sustainable Use of Biological and Landscape Diversity dated May 22, 2003, Kyiv, Protocol on Sustainable Forest Management dated May 27, 2011, Bratislava, Protocol on Sustainable Tourism dated May 27, 2011, Bratislava, Protocol on Sustainable Transport dated September 26, 2014, Mikulov, Development Protocol of Agriculture and Rural Areas dated October 12, 2017). It was established that the specified international legal acts are part of the national legislation and ensure: a) comprehensive legal regulation of the protection of the Carpathians as a unique natural, social, ethno-cultural and economic object, which is based on the principles of proper management and sustainable development; b) an integrated approach to the legal protection of the Carpathians in terms of preservation and sustainable use of biological and landscape diversity, sustainable forest management, sustainable tourism, sustainable transport, sustainable development of agriculture and rural areas; c) an ecosystem approach to the use and preservation of natural resources of the Ukrainian Carpathians. At the same time, the Framework Convention on the Protection and Sustainable Development of the Carpathians, as well as the protocols to it, have a number of legal defects, in particular, some poor wording of norms, insufficient provisions ensuring the implementation of the prescriptions of the specified international legal acts, lack of provisions on responding to violations of obligations.
 In order to fulfill Ukraine's international obligations, the Cabinet of Ministers of Ukraine on October 20, 2019, by Resolution No. 880, approved the State Development Program of the Ukrainian Carpathian Region for 2020-2022. The article found out that the priority directions for the sustainable development of the mountainous territories of the Ukrainian Carpathians provided for by the State Program fully implement the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians and its protocols. Achieving the goal of the State Program will be ensured by implementing program measures in four priorities (directions): a) formation of a competitive economy of mountain areas; b) abolition of infrastructural restrictions, development of spatially balanced road, industrial and social infrastructure; c) development of tourism potential by preserving and supporting cultural heritage and traditional crafts of the local population; balanced use of natural healing and recreational resources; d) ensuring environmental safety by restoring forests and optimizing the structure of landscapes; improving the sanitary, hygienic and ecological condition of settlements; construction and modernization of anti-erosion, hydrotechnical, anti-karst, anti-avalanche structures, as well as carrying out measures to protect against flooding and inundation, aimed at preventing the development of dangerous geological processes on the territory.
 The article found that due to the lack of targeted funding from the state budget, the implementation of the Program in 2020 was only 76%. As with any state program, the issue of financing the State Program for the Development of the Ukrainian Carpathian Region for 2020-2022 deserves special attention. In accordance with the section "Amount of financial, material, technical and labor resources necessary for the implementation of the Program", the financial support of the Program is carried out at the expense of funds provided for in the state budget for the relevant year, funds of local budgets, as well as at the expense of international financial and technical assistance and other sources not prohibited by law. Therefore, in order to achieve the tasks set by the State Program, the authors draw attention to the need to adjust the financial and economic mechanism of its provision, although this is extremely difficult in the conditions of martial law.

신탁통치제도의 국제법적 고찰

This article attempted to critically examine the trusteeship system established based on the UN Charter. Furthermore, it intended to clarify whether the trusteeship system contributed to overcoming the decolonization of international law. To this end, it examined the process of transferring the mandate system to the trusteeship system as the League of Nations was dissolved. In addition, it identified implications of the trusteeship system by reviewing the obligations under sacred trust for civilization and submitting a petition and objective of the trusteeship system.
 An overall review of the trusteeship system shows that it was established by modifying and supplementing the shortcomings of the mandate system. The trusteeship system stipulated the open-door policy in the UN Charter, which aimed at international peace, security, and economic peace, and tried to grant nationality and rights to the peoples of the trust territories. Therefore, it can be evaluated that the trusteeship system showed greater efforts to overcome colonialism under international law than the mandate system in the past.
 However, according to the judgments associated with South West Africa and certain phosphate lands in the Nauru cases, the authorities for administration violated their obligations within the trusteeship system. First, it was confirmed through the Northern Cameroon case that the obligations of mandate powers, which were confirmed in the previous mandate system, were maintained in the trusteeship system. Second, in phosphate lands in the Nauru case, the ICJ confirmed that the violation of the mandate's obligations, which began in the mandate system, continued in the trusteeship system. Finally, in the case pertaining to South West Africa, the ICJ stated that the violation of the mandate's obligations, which began in the mandate system, continued in the UN system.
 Through this study, it can be seen that while the trusteeship system contributed to overcoming the decolonization of international law, the violation of obligations of the mandate powers continued in both the UN system and the trusteeship system.

행정상 과징금제도에 관한 연구

In Korea, the penalty system was first stipulated in the Monopoly Regulation and Fair Trade Act (the Monopoly Prohibition Act) in December 1980, but the definition of penalty is not immediately defined. Penalties have been stipulated as necessary in individual laws such as the Antimonopoly Act, but the concept was stipulated as a general provision in the Framework Act on Administration, which takes effect on March 23, 2021. Penalties are imposed as sanctions on persons who violate their obligations under laws and regulations (Article 28, Paragraph 1 of the Framework Act on Administration), which is a monetary sanction. According to the contents of Article 28 (1) of the Framework Act on Administration and Article 8 of the Antimonopoly Act and the aforementioned theory, fines are imposed as "administrative sanctions" to deprive illegal profits acquired due to violations of obligations under economic laws, not the type of punishment. Therefore, it is possible to combine fines and punishment. Penalty has been introduced and implemented mainly in the field of economic law, but recently, legislation using the penalty system is expanding in the field of environmental law. In other words, if it violates the laws of the environmental law, it should be suspended, but instead of continuing the business without suspending the business due to the public interest of the business, the penalty system is used. In this paper, the general theory of the penalty system as administrative sanctions is reviewed, and based on this, the contents, types, and legislative improvements of the penalty prescribed in the environmental law are considered. In other words, the government intends to investigate and analyze the fines stipulated in individual laws in the environment sector by type, subject to imposition, imposition and collection procedures, legislative improvement measures to secure the effectiveness of fines, and establish a system dedicated to fines and civil servants.

경계의무 위반의 원인비율 배분 기여 정도에 관한 연구

For the prevention of marine accidents, it is important to establish measures to prevent recurrence based on lessons learned from accidents that have already occurred, and one of the measures is to impose greater responsibility for violations of important obligations or continuous and repeated violations of obligations.
 Although it can be said that the effect can be increased, the degree of contribution to the violation of the duty of vigilance seems to be recognized as somewhat low when allocating the degree of cause-giving ratio in the decision of the Korea Maritime Safety Tribunal. The purpose of this study is to examine the points for improvement by examining the distribution of the degree of contribution of causes to the occurrence of accidents on both ships, and by examining the degree of judgment on the importance of the current vigilance duty in the prevention of marine accidents.

Validity of Fines Imposed as a Sanction by Regional Governments to Control Compliance With Covid-19 Health Guidelines

As an effort to deal with the Covid-19 pandemic, the Government issued Presidential Instruction Number 6 of 2020 concerning Increasing Discipline and Law Enforcement of health Protocols in the Prevention and Control of Corona Virus Disease 2019 (Covid-19). In Presidential Instruction 6/2020 Regioal Heads are instructed to make Regional Head Regulations (Perkada) which contain sanctions for violation of obligations contained in the health protocol. Reffering to Law Number 12 of 2011 concerning Fomation of Legislation, Regional Head Regulations are not included in the hierarchy of statutory regulations. So this study discusses the validity of administrative sanctions in the form of fines contained in the Regional Head Regulation. Keywords: Administrative Fines, Regional Head Regulations, Covid-19.