Penalties For Violations Research Articles

Responsibility of participants of tourist relations for violation of monetary obligations

The article is devoted to the specifics of civil responsibility of participants of tourist relations for breach of monetary obligations.The institute of civil responsibility of participants of tourist relations for violation of monetary obligations encourages the parties to thecontract to properly fulfill their obligations, and is also a guarantee of effective protection of their rights and legitimate interests. At thelegislative level, a different set of measures of responsibility is provided for, which can be used by a participant of tourist relations inorder to restore their violated rights.The authors substantiated the thesis that if the amount of the penalty is not specified in the contract, and the law regulating therelevant legal relations does not provide for the possibility of its collection, then the right to it does not arise. It was concluded that apenalty is characterized by an incomplete composition of a civil offense, and for the emergence of an obligation to pay it, damages andtheir amount have no legal significance.In order to protect the interests of tourists, it is proposed in the Law of Ukraine «On Tourizm» to replace the right to collect afine instead of a credit penalty.It has been established that entities that carry out and/or provide tourist activities have the right to collect a contractual penalty,and tourists – a legal penalty in the amount specified in Part 5 ofArticle 10 of the Law of Ukraine «On Protection of Consumer Rights».It was concluded that freedom in the defined scope of contractual responsibility cannot be considered absolute, since the limitsof self-regulation are defined at the legislative level by establishing mandatory prohibitions.The thesis about the inadmissibility of thesimultaneous collection of a fine and a penalty for violation of a monetary obligation is substantiated.Based on the analysis of court decisions and doctrinal approaches, it was concluded that inflationary losses and 3% per annumare part of the monetary obligation and are a special measure of responsibility. The inadmissibility of applying indexation to monetaryliabilities expressed in equivalent to foreign currency has been established.It is emphasized that the payment of a contractual or legal penalty should eliminate the possibility of additional recourse to themethods of protection established by Art. 625 of the Civil Code of Ukraine.

Research on the Impact of Board Governance Model Based on Multi-Internet of Things Perception System on System Risk of Large Business Institutions in China

Corporate governance structure is a subject of great theoretical and practical significance, especially the impact of board characteristics on corporate performance, which has been the focus of scholars’ attention. However, due to the particularity of China’s commercial institutions, especially the state-owned commercial institutions in the transition economy, which have a strong government-led color in system, commercial institutions mainly rely on strengthening the governance of the board of directors to improve the effectiveness of their internal governance. Based on the basic principles of the Internet of Things (IOT) business environment, this paper divides the architecture of multiple IOT perception system into perception domain and business domain. This paper studies the development mode of the economic and business perception system stage of the Internet of Things: the primary stage, the growth and maturity stage, and the integration stage. Strengthen the establishment of an independent director system, create an environment in which independent directors exercise full power, strengthen penalties for violations of directors, strengthen the integrity of directors, and establish a scientific and reasonable board evaluation mechanism. The effective operation of enterprises is based on the perfect market rules and a good market order. The reform of state-owned enterprises with the core of establishing a modern enterprise system and improving corporate governance structure must be carried out simultaneously with the construction of market systems.

Типологія чинників формування моделей кредитно-інвестиційної політики в національній економіці

The article considers the approaches to defining the concept of «credit and investment policy» and the factors influencing the formation of models of credit and investment policy in the national economy. The authors typologize all factors of influence in five groups: institutional, economic, sociopsychological, infrastructural and technological. The authors propose to include the following factors to the technological group: the share of non-cash transactions, the number of broadband Internet users and the level of use of information and communication technologies. It is also suggested to add to the existing factors the following: level of financial literacy and technical education of the population, existence of state and regional investment funds, open accreditation of investment advisers, penalties for violation of investment or lending conditions, regulation of investment funds and credit unions, public confidence in state bodies, the presence of active business angels, access to credit resources, investor protection, venture capital, the amount of savings in the population. It is worth noting that the level of financial literacy has a significant impact due to the fact that the population with a higher level of financial literacy will invest more in their own savings, which will lead to an increase in private investment in Ukraine. Developed countries have long introduced educational financial and investment programs to improve financial knowledge, thereby encouraging people to save more and, as a result, to invest. Another important aspect is the development of financial literacy in the younger generation, because, according to the Organization for Economic Cooperation and Development, the purchasing power of young people (up to 25 years) is growing every year. It is concluded that the process of developing models of credit and investment policy and methods of evaluating their effectiveness need further research. Particular attention should be paid to the development of practical tools and methods for developing the credit and investment potential of the state.

Taxpayers' Rights and Their Protection Mechanisms

The constitution is a main source of taxation law. Constitutional provisions determine financial-legal policy of the country, including tax policy regulation principles. In their turn, taxes are the important tools of financial-legal policy pursued by the state. Fulfillment of liabilities related to repayment of taxes by physical and legal entities established by the Constitution secures national budget formation at all levels. That is why the liability established by the Constitution is of special, public-law importance that is predetermined by a public-law nature of the governmental authority. The tax payer has to fulfill all liabilities obliged to him/her related to repayment of taxes, otherwise, the other persons’ rights, as well as state interests will be violated that will be displayed in delayed execution of all functions and tasks assigned in accordance with the law. Tax liability is a variety of administrative liability. As is known, the liability for violation of law is imposed to a person committing an act. Recognition of the law violator’s heritor as the legal successor in relation to the law infringement, and imposition of a penalty for violation of law to the deceased person’s heritor contravenes the fundamental principle – unacceptability of liability without the blame for law violation and elimination of assignment of liability for the other person’s act. Proceeding from this fact, inheritance of the deceased person's blame is unacceptable. The penalty is not a part of inheritance, so its attribution to the heritor is unacceptable. According to 453rd article of the Civil Code of Georgia, the debtor’s death causes termination of obligations if their execution without his/her personal participation is impossible. Proceeding from the content of this article, in general, the debtor’s death doesn’t cause termination of obligation, and liability is extinguished only when the execution of obligations is impossible without personal engagement of the debtor. Keywords: norms, liability, law, constitution, tax.

State control over compliance with labor legislation: scientific realities of today

In the conditions of quarantine restrictions and remote work, a person's right to work is massively violated, which makes the researched issues relevant. The article highlights the organization of state control over the activities of economic entities and employers by the State Service of Ukraine for Moratorium and Quarantine Restrictions, in compliance with labor legislation on the formalization of hired labor, compliance with labor standards, labor guarantees to employees in case of violations of labor legislation. The purpose of this article is to study the role of control over compliance with labor legislation and provide suggestions and recommendations for improving the institution of control over compliance with labor laws. We have considered the system of penalties for violations of labor legislation. The influence of the ban (moratorium) on the implementation of planned measures of state supervision (control) in the field of economic activity is considered separately. Current trends in reforming the activities of the State Labor and labor inspectors have been studied. The purpose of this article is to study the role of control over compliance with labor legislation and provide suggestions and recommendations for improving the institution of control over compliance with labor laws. We have considered the system of penalties for violations of labor legislation. The influence of the ban (moratorium) on the implementation of planned measures of state supervision (control) in the field of economic activity is considered separately. Current trends in reforming the activities of the State Labor and labor inspectors have been studied.

Examining unobserved factors associated with red light running in Vietnam: A latent class model analysis

Abstract Red-light running (RLR) is a crucial violation that causes traffic accidents and injuries. Understanding factors that affect RLR is very significant to reduce the potential of this violation. Current studies have paid considerable attention to the observable factors, but not to unobservable factors. This study aims to examine the effects of observable and unobservable factors on RLR. This study uses a latent class model (LCM) to assign individuals into two classes—red-light-respectful and red-light-disrespectful road users—by surveying 751 respondents who use private transportation modes. This study incorporates psychological determinants into the LCM to account for unobservable factors. The contribution of this study is the in-depth investigation into law-respectful and law-disrespectful behaviours and intentional and unintentional violators. Such a study has not yet been conducted in the existing literature. In addition, a comprehensive comparison of the LCM and a traditional ordered probit model was conducted. Overall, the results suggest that the LCM is superior to the model that does not consider latent classes. Our estimation results are in alignment with previous studies on RLR: males, younger drivers/riders, less educated road users and motorcyclists are more likely to run red lights. An analysis of the latent variables shows that surrounding conditions—the behaviour of other violators, the absence of traffic police, and long waiting times—increase the possibility of violations. Based on these results, we provide suggestions to policymakers and traffic engineers: the implementation of enforcement cameras and penalties for violators are critical countermeasures to minimize the potential of RLR.

Regulation Enforcement

This paper compares the effectiveness of two mechanisms of regulation enforcement: (1) the frequency of inspections and (2) penalties for violations. Threat effects of increased penalties and inspection rates, rather than corrective effects upon receiving an inspection or penalty, are the focus of analysis. Mining industry data from 2004–2009 are used to analyze the responses of mines to separate increases in inspections and citation penalties regarding regulations of safety standards. Mines did not improve safety in response to increased penalties at the ex-ante inspecting rates; however, mines significantly reduced accidents under increased inspections when implemented at those higher penalty rates. The identification strategy results in a local average treatment effect that implies increasing inspection rates from current levels would likely increase social welfare. Results are shown to be robust to bandwidth changes and model specification. The interpretation of the estimated local effect in the context of selection is analyzed. Robustness checks regarding selection exploit staffing changes and restrict to similar samples of treated and non-treated mines, justifying that results are representative.

Smart policing: Abu Dhabi police AI/GPS-based initiative to reduce heavy vehicle driver violations

AbstractOne of the consequences of a rapidly developing 21st society is management of road traffic. Globally, road traffic collisions are among the most common incidents for which police are required to respond. The research presented in this article discusses an intervention strategy developed and applied by Abu Dhabi Police to reduce the impact of heavy vehicle driver violations and associated impact on collisions, deaths, and injuries in a period of 5 years up to and including April 2020. This article presents the findings from an impact evaluation of the Abu Dhabi Police Smart Traffic Centre Truck Permissions system that is supported by a complex multidimensional intelligent technology-based vehicle tracking system coupled with a driver violation penalty process. Analysis of data indicates a positive reduction rate in truck-caused accidents and resulting deaths and injuries during the post-intervention period. The research indicates effective policing strategies, which incorporate the affordances of smart technology have the potential to continuously improve road traffic management and by association the impact on the humanitarian and economic sustainability of a community and nation.

Kriminalisasi terhadap Pelanggaran Kewajiban Pelaku Usaha Mencantumkan Keterangan Tidak Halal pada Produk

This study analyzed the criminalization and punishment of violations over Article 26 paragraph (2) of the Halal Product Guarantee Act. The approach used in this study was a statutory approach and a case approach with a normative juridical type of research. The data collection technique used in this study was a literature study. Data were analyzed using descriptive techniques. The results indicated that criminalization of violations over Article 26 paragraph (2) of the Law on Halal Product Guarantees could be carried out because violations over the obligation of businesspeople to include non-halal information on products could be categorized as criminal acts and include types of crime. Criminal sanctions were used as the final sanction for prevention purposes. The penalty for violating Article 26 paragraph (2) of the Law on Halal Product Guarantee was subject to criminal sanctions in confinement, fines, or imprisonment.

Legality of drug checking equipment in the United States: A systematic legal analysis

BackgroundFentanyl and fentanyl analogs are increasingly prevalent in the nation’s illicit drug supply. While fentanyl-related deaths were previously confined largely to states east of the Mississippi, they are now increasing rapidly throughout much of the United States. Contaminants other than fentanyl are also present in illicitly obtained drugs. Using drug checking equipment to determine the contaminants that may be present in these drugs is a promising avenue for reducing overdose-related harm. MethodsSystematic legal review in which three trained legal researchers collected, reviewed, and coded all US state laws that specify whether the possession and distribution of drug checking equipment is generally legal, whether is it legal in the context of syringe services programs, and, where possession or distribution of drug checking equipment is not clearly legal, the potential penalties for violation. ResultsWe find that it is clearly legal to possess some or all drug checking equipment in 22 states, and clearly legal to distribute it to adults in 19 states. In 14 states where distribution of drug checking equipment is not clearly legal generally, it is legal when that equipment is obtained from a syringe services program. Potential penalties for violations range from small civil fines to multi-year jail sentences. ConclusionsThere are currently great variations between states regarding the legality of drug checking equipment. Clarifying, modifying, or repealing drug paraphernalia laws would likely improve access to these promising technologies, potentially reducing overdose deaths.

The ‘Great Whore’ of Babylon (Rev 17) as a Non-Survivor of Sexual Abuse

The article aims to re-read Rev 17:16 amid the catastrophic patterns of sexual abuse in the Catholic Church. Employing narratological methods as well as a close reading of the text, it is argued that Rev 17:16 can be coherently read as the violent sexual punishment of an anthropomorphic female character. Signals in the text point to God’s involvement in this punishment and to its overall positive evaluation. Considering reader’s realities in the context of sexual abuse and its cover-up, the article argues for the necessity of taking a positional stance while reading biblical ‘texts of sexual terror’. Such a positional stance must have visible effects on a responsible reading and interpretation of the ‘great whore’s’ story.

The effect of an embargo, sanctions and culture on safety climate: A qualitative view from aviation maintenance in the MENA region

Introduction: Safety climate assessment is a key measure of organizational safety. A strong safety climate is integral to the high safety performance in aviation. Most survey instruments that purport to measure safety climate are derived from evidence obtained in developed countries in the west. It is rare for these studies to examine the influence of macro-environmental factors on safety climate, and rarer still in countries found in the Middle East and North Africa (MENA) region. Method: The researchers conducted 28 semi-structured interviews with experienced aviation maintenance engineers from a national carrier in the region. The interview questions were derived from an extensive review of existing studies of safety climate. Data from interview transcripts were coded, creating a data structure using participant quotes for 1st order codes and arriving at three aggregate dimensions: organizational commitment to safety, organizational safety practices and social relationships and their consequences. Results: Commercial considerations influenced negatively organizational commitment to safety. Organizational safety practices were weak. There was a lack of safety training, a lack of resources to support safe working, poor safety communication, and a failure to report safety issues. Strong friendships were developed through working together in teams. This adversely influenced the reporting of errors and the punishment of violations. Discussion and conclusion: The apparently weak organizational safety climate reported here was attributed to financial constraints following the imposition of economic sanctions and embargos, and to the influence of Arabic cultural values that privilege family connections and the importance of maintaining harmony in social relationships that precludes punishment. Practical application: Financial constraints inevitably limit resources for safety and encourage prioritization of production. Arabic cultural values inhibit the development of a ‘just’ culture and a ‘reporting’ culture and challenge the universal adoption of approaches for promoting organizational safety developed in the West.

The Transition of Social Isolation and Related Psychological Factors in 2 Mild Lockdown Periods During the COVID-19 Pandemic in Japan: Longitudinal Survey Study.

BackgroundLockdowns and stay-at-home orders announced internationally for COVID-19 have led to physical and social distancing, with reports of many individuals experiencing social isolation (SI) and loneliness. Although the emergency declaration in Japan was declared as a “mild” lockdown requested by the government without penalties for violations, the lockdown measures, including SI, had several influences on people’s lives and mental health as in other countries. Furthermore, Japan declared a state of emergency multiple times; thus, it is necessary to examine the influence of the transition of SI caused by repeated emergency declarations and the deterioration of mental health associated with these changes.ObjectiveThis study longitudinally investigated the transition of SI and its related factors during the mild lockdown under 2 declared states of emergency in Japan and analyzed psychosocial characteristics by extracting clusters where people with specific transition patterns of SI predominated.MethodsWe collected data on 7893 inhabitants (3694 [46.8%] women, 49.6 [SD 13.7] years old) living in the 7 prefectures where the initial emergency declaration was applied. The investigations took place online in the final phase of the first and second states of emergency: phase 1 (between May 11 and 12, 2020) and phase 2 (between February 24 and 28, 2021). Nonparametric Bayesian coclustering was used to visualize the exhaustive interaction structure between the transition pattern of SI and the psychosocial variables.ResultsThere were no improvements in social networks and loneliness between the 2 phases, although psychological distress significantly improved and depression slightly decreased. Overall, 3868 (49%) of the 7893 participants remained socially isolated through phases 1 and 2, and 947 (12%) were socially isolated in phase 2, even though they were not socially isolated in phase 1. More participants experienced persistent SI in unmarried, childless, and low-household-income groups. The persistent-SI group had fewer cohabitants than other transition pattern groups. The nonparametric Bayesian coclustering results showed that most clusters, including participants without SI throughout phases 1 and 2, had healthy behaviors, more interactions, good relationships, and less loneliness and psychological stress. Furthermore, the cluster in which relationships deteriorated in phase 1 recovered in phase 2. Comparatively, the clusters with SI throughout phases 1 and 2 were divided into clusters with increased loneliness and psychological stress; clusters were close to participants’ average scores in this study. The clusters with increased loneliness and psychological stress were notable for deteriorating relationships and less online interaction.ConclusionsThis study revealed the actual state of transition of SI and related psychological, social, and behavioral factors under repeated declarations of a state of emergency. These results should help construct intervention methods that fit individual characteristics of people in SI during a pandemic.

System Error: Where Big Tech Went Wrong and How We Can Reboot

System Error: Where Big Tech Went Wrong and How We Can Reboot

예산제약을 고려한 다기간 Newsvendor 문제에서의 Q-learning 기법 적용

This paper considers a multi-period, multi-item Newsvendor problem under budget constraints in which a decision-maker orders items with aims to minimize the total inventory cost including inventory holding cost and backlog cost. In this decision process, the order quantities are constrained by two types of budget constraint: periodic budget and flexible budget. The problem is formulated as an action-constrained Markov Decision Process (MDP). To overcome the dimensionality and ambiguity, we employed a Q-learning method for solving the MDP model. In particular, we modified the conventional Q-learning procedure to handle a constrained action space by imposing penalties for constraint violations or incentives for constraint satisfactions on Q-values. The penalties and incentives are obtained by solving a quadratic optimization problem included in the learning procedure. Numerical analysis compares the performance of the proposed Q-learning method with others such as EOQ (Economic Order Quantity), Q-learning without the budget constraint, and a heuristic method. The experimental results showed that the proposed Q-learning method lowers the total inventory cost while increasing the chance of satisfying the budget constraint.

Philosophy of disciplinary punishment of university faculty in Syria: فلسفة العقوبة التأديبية لأعضاء هيئة التدريس في الجامعات السورية

This research examines the philosophy of disciplinary punishment in terms of the definition of disciplinary punishment, the principles governing it, the types of penalties imposed by the Board of Discipline of Teaching Staff and the manner in which the Board is set up to impose disciplinary punishment on university faculty The main objective of this research is to show the extent to which these disciplinary sanctions contribute to achieving compatibility and a fair balance between the public interest that relates to the proper functioning of the education facility without harming the rights and guarantees of the faculty member in universities, as well as protecting him from the arbitrariness of the administrative authority when signing it. In this study, we followed the analytical approach to study the principles that govern disciplinary penalties and the types of these light penalties imposed by each of the university president, and severe penalties also imposed by the competent disciplinary board stipulated in the Syrian Universities Organization Law. It was concluded that the Syrian Universities Organizing Law specified disciplinary penalties for faculty members exclusively, and the Syrian legislator did not specify disciplinary violations exclusively in the Universities Organizing Law, and did not link each disciplinary violation with the disciplinary punishment ensuing from it, but left the assessment of this to the competent disciplinary authority and we recommend the Syrian legislator Determining a specific disciplinary penalty for each disciplinary violation, in order to protect the faculty member from the arbitrariness of the administrative authority in imposing penalties, although it is difficult to identify all violations, due to their large number and differences.

Evolutionary game analysis of the implementation of fiscal policy in resource-based cities

Resource-based cities cannot be transformed without reliable support from the government in the form of a suitable fiscal policy. However, when implementing such policies, local officials often resort to favoritism and enterprise rent-seeking. To ensure the appropriate implementation of fiscal policies in resource-based cities, this paper analyzed the relevant mechanisms of supervision by the central government, implementation by the local government, and enterprise participation. It explored the game-theoretic relationship among the three stakeholders to develop a stability strategy, detailing the factors influencing it. By constructing a tripartite game model and executing simulations, we found that the stable equilibrium of the game system was {supervise, fulfill duties, do not bribe} when the direct benefit to local officials was more than twice their salary. Increased supervision by the central financial department helped reduce illegal actions by local officials and enterprises. The punishment coefficient's critical value was between 7 and 8, above which local officials did not resort to favoritism. The critical value of the direct benefits was between 13 and 14. Above this threshold, local officials choose the favoritism strategy. In addition, the costs of supervision and the number of bribes have a small influence on the evolutionary path of the stability strategy of the game system. Therefore, it is important to improve supervision when implementing fiscal policy in resource-based cities and to increase penalties for violations by local officials and enterprises.

How to Enhance the Green Innovation of Sports Goods? Micro- and Macro-Level Evidence From China’s Manufacturing Enterprises

This study aims to explore the driving factors of green innovation, and uses the micro- and macro-data from China’s sports goods manufacturing industries. In particularly, sports goods manufacturing enterprises are identified by the textual analysis of information disclosure, and the competitive environment faced by each enterprise is built through their unique closest rivals. Empirically, this study finds that competition and policy can promote green innovation in sports goods manufacturing industries, and industrial policy can moderate the role of product market competition in promoting green innovation. Considering the characteristics of the Chinese market, more industrial policies may intensify the competition among manufacturing enterprises, forcing such enterprises to obtain competitive advantages through innovation outcomes. It is worth noting that the association between product market competition and green innovation changes as financial constraints increase, and this may be caused by the impact of industrial policy on the interactions among enterprises. After implementing the strict environmental policy, product market competition and industrial policy can both promote green innovation. In high-polluting industries, sports goods manufacturing enterprises get more social attention and suffer from higher penalties for environmental violations, so that such enterprises will get more motivations from industrial policies to support green innovation. In addition, we also find that there is a significant inverted-U shape relationship between industrial policy and green innovation in sports goods manufacturing industries. As financial constraints increase, the non-linear relationship between product market competition and green innovation converts from a U shape relationship to an inverted-U shape relationship. Our findings can provide a better understanding of the investment of sports goods manufacturing enterprises in green innovation.

Put Away the Duct Tape and Bring Out the Prosecution: Combating the Unruly Passenger Crisis by Improving Federal Enforcement Procedures

a. Unruly passengers aboard commercial flights have become a critical issue for consumer airliners, federal agencies, and other key commercial aviation stakeholders. In the past few years, unruly passenger confrontations rose exponentially. Through a patchwork of Federal Aviation Administration (FAA) regulatory fines, civil penalties, and criminal sanctions, there are enforcement measures available to combat unruly passengers. However, this complex mix of regulations and statutes fails to clearly outline which agencies will be responsible for which types of conduct and what the appropriate penalty will be. Not only does this tangle of enforcement measures confuse and hinder prosecution of unruly passengers, it fails to provide fair notice to airline passengers of what constitutes prohibited unruly conduct and the corresponding penalty for violations. This Comment puts these issues at the forefront by examining the current state of the FAA and Department of Justice (DOJ) enforcement framework, and it proposes a more streamlined model as an alternative. The current FAA enforcement process is outlined in FAA Order Number 2150.3C and requires FAA enforcement counsel to use multiple matrices to determine the appropriate violation and sanction to impose. This complicated procedure is subject to a great deal of discretion by FAA enforcement counsel and accounts for a wide range of prohibited behaviors. Similarly, the statutes often used by the DOJ in unruly passenger enforcement cases include a broad range of available sanctions from civil penalties to incarceration. However, DOJ enforcement, triggered by an FAA referral, largely follows normal litigation proceedings rather than the agency adjudication proceedings used by the FAA. Instead of this complicated overlay of statutes and regulations, the proposed model uses a tiered schedule to identify prohibited unruly passenger behavior, the agency responsible for enforcement, and the appropriate penalty for violations. This proposed model will enhance fair notice to passengers and untangle the confusion amongst federal agencies and commercial aviation stakeholders created by the current unruly passenger enforcement process.

The Status Quo of Criminal Responsibility for Aflatoxin Pollution in China: From the Perspective of Judgment Analysis.

With the development of the economy, the food safety problems caused by aflatoxin have become increasingly prominent. With regard to the control of aflatoxin pollution, the Chinese government has promulgated a series of legal documents on food safety related to aflatoxin pollution, such as the formulation of industry standards for allowable limits of aflatoxin and various penalties for violators. Although these measures have achieved good results to some extent, there are still many legal problems. This study reviews the current situation of aflatoxin pollution control in food in China. The court judgment documents related to aflatoxin pollution from January 1st 2014 to January 1st 2020 are investigated to analyze the accountability status of aflatoxin pollution treatment in China. Furthermore, this study mainly cross verified the above problems by means of the literature survey and an organization interview and proposed solutions on the basis of in-depth analysis of their causes. Finally, some suggestions are put forward to solve the problem of aflatoxin pollution accountability in China.