Academic literature on the topic 'Action in connection with legal proceedings'
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Journal articles on the topic "Action in connection with legal proceedings"
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Uksusova, E. E. "Principle of Dispositivity: Theoretical and Practical Aspects of the Interaction between Material and Civil Procedural Law." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 17, 2022): 106–19. http://dx.doi.org/10.17803/2311-5998.2021.88.12.106-119.
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The author, proceeding from the fact that specialization of civil procedural law in the Russian is set by the invariable perspective of his action for the administration of justice and protection of rights in civil cases, and the claimant legal proceedings is his classic “image” in action in accordance with the procedural code, refers to the characteristics of certain phenomena of procedural law and the specifics of their cognition, when they coexist and interact with the phenomena of material law, through the context of the principle of dispositivity, when specifying the scope of its action and content as the legal basis of legal proceedings, the leading element of which is the right of access to court, in turn, its universal form is the right to filing a claim. It is indicatively emphasized that the characteristic of the legal basis of legal proceedings in the composition of the reducible phenomena is not limited to the phenomena of procedural-legal nature, requiring special attention to the cognitive problem of the connection of legal proceedings with the phenomena of the material-legal order.
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Uksusova, E. E. "The Problem of the Right to Trial: The Theory and Practice of Dualism and Interaction between Substantive and Procedural Law." Actual Problems of Russian Law 16, no. 12 (2021): 79–97. http://dx.doi.org/10.17803/1994-1471.2021.133.12.079-097.
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Continuing the study of specialization of Russian civil procedural law, the author, based on the invariable perspective of its action, namely: a standardized court procedure of civil proceedings in administration of justice in a certain civil case and protection of the right, dwells on certain issues of its structural and functional characteristics — classification of procedural norms, mechanism of procedural regulation, mechanism of procedural legal relationship, etc. Through the context of the principle of dispositiveness, when clarifying the scope of its action and content as the legal beginning of legal proceedings (its leading element is the right to trial leading to the interaction of substantive and procedural law in the course of judicial protection of the right), the author analyzes and reveals the content, substantiates connections and relations between various interdisciplinary phenomena of law (a claim, the right to claim, etc.). The latest jurisprudence illustrates the importance of the conceptual legal apparatus for the development of legal science, law and improvement of its implementation in the Russian legal order.
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Mikhailov, P. "Security of participants in criminal proceedings as a legal concept." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 408–11. http://dx.doi.org/10.24144/2307-3322.2021.69.68.
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The problem of security of participants in criminal proceedings in criminal procedural law is covered. It is argued that this is one of the most fundamental human rights, as the safety of participants in criminal proceedings indicates the protection of fundamental rights and freedoms that form the basis of everyone's life from emergencies and any other threats or dangerous situations. Security as a legal phenomenon is understood as a legal mechanism (legal system) that helps a person in real danger. In this regard, it is concluded that in general, security is meaningfully revealed as a complex and multidimensional legal phenomenon, which in different areas acquires the appropriate content and form, because it is a certain state of legal protection of the subject, however, it is a special state within the framework of criminal procedural legal relations in a certain period of time and under certain conditions. In this regard, it is argued that security should not be seen as a fixed, unchanging state, ie a regime of protection of subjects from threats when there are no external encroachments. With this in mind, the threat in criminal procedural law is seen as a negative development, as a set of potential or actual conditions and factors or actions of individuals or legal entities that disrupt the normal state of participants in criminal proceedings and can lead to undesirable changes. It is substantiated that the security of the participants in criminal proceedings is a state of legal protection in which the participants in criminal proceedings are not in danger due to the timely detection, prevention and neutralization of real and potential threats. Ensuring the safety of participants in criminal proceedings is the activities of law enforcement agencies aimed at implementing the necessary measures (legal, organizational, technical and other) in the presence of threats to life, health, property, honor, dignity and reputation of persons in connection with their participation in trial of criminal proceedings.
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Novitz, Tonia. "Multi-level Disputes Relating to Freedom of Association and the Right to Strike: Transnational Systems, Actors and Resources." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 4 (2020): 471–94. http://dx.doi.org/10.54648/ijcl2020024.
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This article examines disputes regarding the connection between freedom of association and the right to strike, occurring at multiple levels, within international, regional and national legal orders. It focuses on the period from 2007 to 2019, when a challenge was made to norms longestablished at the International Labour Organization (ILO) that was subsequently continued in European and national court proceedings. These events raised the potential for normative fragmentation and conflict between legal systems. This article interrogates the roles played by two key actors in these processes: the International Organization of Employers (IOE) and the International Trade Union Confederation (ITUC). Drawing on sociological insights into collective action offered by Offe and Wiesenthal, transposed to the transnational level, an analysis is offered of the power dynamics that motivated IOE attempts to alter the content and influence of ILO norms, alongside the scope for ITUC resistance, given its resources.
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Voytovich, L. V. "Problematic Issues of Collection Child Support to Maintenance of Minor Children in Actionproceedings of Civil Justice." Rossijskoe pravosudie 3 (February 21, 2020): 14–20. http://dx.doi.org/10.37399/issn2072-909x.2020.3.14-20.
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Present judicial practice detects a number of problems at trail by court about child support in action proceedings of civil justice. Development procedural legislation and substantive legislation shouldbe carried out takinginto account the fact, that the realization of the rights of the child to the material maintenance should not depend on the discretion of his legal representatives; unacceptable set a ban to collect child support for the previous period on the parent, who did not perform his child care duties; burden of proof respectful circumstances in connection with which one of the parents did not provide material support to the child should assigned to the unscrupulous parent; child support for cancellation of adoption must be enforced and, for the court, it should be an obligation, not a right.
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Zemskova, Anna. "On the Question of the Investigator’s Algorithm of Actions During the Interrogation of Foreign Nationals Involved in Criminal Proceedings as Victims." Legal Concept, no. 3 (November 2020): 123–27. http://dx.doi.org/10.15688/lc.jvolsu.2020.3.17.
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Introduction: the paper discusses some features of the techniques of interrogating foreign nationals participating in criminal proceedings as victims. The goal is to analyze the problems that arise in connection with the participation of foreigners in the investigation, and develop tactical and psychological and organizational and legal measures to minimize the negative impact on the investigation of problematic circumstances. Using the method of system analysis, various investigative situations were considered and the suggestions were made for organizing an investigation based on the example of questioning foreign nationals involved in criminal proceedings as victims. Conclusions: in practice, for the investigator and inquiry officer, the participation of a foreigner in the criminal process creates the need for additional organizational measures, the list of which, on the example of conducting an interrogation of the victim, is given in the paper. The effectiveness of the investigation of crimes involving foreign citizens will largely depend on the competence of the investigator in applying the provisions of the migration legislation of the Russian Federation. The conflict – free situation of interrogation of the injured foreign citizen and other investigative actions with his participation-more favorable for the investigator, as a rule, occurs only in the case of the legal status of a foreign citizen in the Russian Federation. The use of this algorithm of actions by the investigative bodies can guarantee the rights of foreign nationals involved in criminal proceedings as victims, protect their legitimate interests and conduct an effective investigation.
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Barikova, Anna. "LEGAL FICTIONS FOR ADMINISTRATIVE COURTS." Administrative law and process, no. 4 (27) (2019): 102–14. http://dx.doi.org/10.17721/2227-796x.2019.4.09.
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Goal. The paper reveals features of applying administrative procedural legal fictions in order to avoid abuse of the right and evasion of the law when exercising procedural discretion. Methods. For achievement of research purposes, the author uses special legal methods of scientific knowledge: formal-logical, system-functional, formal-logical, comparative-legal. Results. Historiography of the legal fictions use has been dealt with. Essence of fictions has been highlighted in the paper as legal anomalies. The use of legal fictions in the administrative process has been detailed, taking into account the Grundnorm theory. The connection between legal fictions and legal regulations has been revealed. The legal fiction has been described as a reinterpretation of the facts of an event in order to make these facts compatible with the rule, and at the same time allowing to get the correct result. This is a type of legal fiction-reinterpreting X (or class X) as Y in order to avoid an “inconvenient”, unreliable, false, etc. result for the purposes of the law. As a rule, it is recognized that X is not Y. That is, the court considers the creation of a fiction as a legitimate action within the framework of the judicial process; the activity that could be performed without concealment as a discretely true category. Case law on the application of legal fictions has been described. It has been advised to use legal fictions when considering and resolving disputes, provided that there are false or clearly erroneous judgments in the provisions of existing applicable legal rules. As a consequence, time and resource costs for clarifying the facts of the case and over-motivating the judgment are minimized. Conclusions. Firstly, features of legal fictions have been highlighted, in particular, for achieving the goals and objectives of administrative proceedings. Secondly, the classification of arguments, methods and approaches to the application of such atypical regulators in the administrative process has been proposed by the “meta” degree: 1) on the fundamental metric – internal, or zero-order arguments; 2) at the derivative definitive level – by defining functional, structural and relative concepts.
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Tylchyk, Vyacheslav, and Olha Tylchyk. "GUARANTEES OF LEGALITY OF PUBLIC ADMINISTRATION ACTIVITY: FROM CONCEPT TO PRACTICAL IMPLEMENTATION." Baltic Journal of Economic Studies 7, no. 1 (2021): 134–38. http://dx.doi.org/10.30525/2256-0742/2021-7-1-134-138.
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The purpose of the article is an attempt to consider guarantees of the legality of public administration through rethinking the existing system of appeal, taking into account the novelties of domestic science and practice, and the preconditions for the formation of administrative procedural law, in which the central place belongs to the category of “dispute in public relations”. The analysis of subsystems of dispute resolution through administrative proceedings and pre-trial appeals from the standpoint of efficiency and the dialectical connection is carried out. It is stated that to ensure the effectiveness of the generally accepted system of dispute resolution as a guarantee of legality, the activities of public administration entities today are the priority of absolutely all legal countries. Significant obstacles on gradual and systematic activities such as those caused by an acute exacerbation of social tension in society, external aggression, especially the development of legal doctrine and legislation that includes an ambiguous position. Today, most scholars agree that the issues of guarantees of the legality of public administration are directly related to the ability to present a model for appealing decisions, actions, inactions and determine its levels. Scientific support of the processes of formation of a legal and socially-oriented state is closely connected with the need to strengthen the methodological armament of legal science, its departure from outdated scientific dogmas, and the search for forms of manifestation and enforcement. The solution of the goal set in the publication is achieved using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed to determine the features of the concepts of “appeal” and “dispute” within the administrative appeal. Methods of review of grammar and interpretation of the law helped identify gaps and other shortcomings of legislation problems introducing mediation in the judicial administrative process as of alternative that will act as a separate stage of proceedings litigation, making suggestions for improvement. Practical implications. The formulated proposals for the development of legal support for appealing decisions, actions, the inaction of public administration, along with the functioning of administrative proceedings as a procedural form of administrative justice, acts as a guarantor of public administration in the relationship between citizen and state and is an integral part of this model.
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Derishev, Yu V. "Legacy of M. S. Strogovich and Modern Problems of Functional-Legal Construction of Criminal Pre-Trial Proceedings." Siberian Law Review 17, no. 4 (2020): 495–513. http://dx.doi.org/10.19073/2658-7602-2020-17-4-495-513.
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In November 2019, the world legal community widely celebrated the 125th anniversary of Professor M. S. Strogovich, who, according to his scientific colleagues and students, was a scientist who was “ahead of time”.This article provides a retrospective and comparative analysis of the positions of M. S. Strogovich and his colleagues on certain problems of domestic criminal proceedings, in particular its pre-trial phase, in the context of the direct influence of the scientist's scientific heritage on the development of modern criminal procedure law. The Author of the article particularly interesting views of the scientist and his participation in discussions related to defining the essence and purpose of the preliminary investigation, the implementation of the functions of preliminary investigation in relation to criminal prosecution, the problems of implementation of the principles of presumption of innocence and the adversarial nature of pre-trial proceedings in criminal cases, and, finally, the General Manager of the “investigative case” in modern Russia.M. S. Strogovich consistently adhered to the idea of the need to develop and strengthen procedural guarantees of individual rights, guarantees of justice, and this can be seen in this article. Thus, defining the essence of the criminal process as a system of actions of the relevant officials and the procedural legal relations that arise in connection with them, which in itself was a serious “scientific courage” of those years, M. S. Strogovich particularly defended the position that all participants in criminal proceedings are subjects of the rights granted to them and the duties assigned to them, and they should not be considered objects of unilateral power of officials. This idea has become widespread and generally accepted as the basic definition of domestic (Soviet and Russian) criminal proceedings.The article analyzes M. S. Strogovich’s scientific steps on the conceptual turn from revolutionary-radical ideas about the construction of criminal proceedings to its classical canons and traditions of the Russian criminal process, On the basis of which the conclusion is made about the indispensable use of the scientist's legacy in modernьRussian procedural studies.The research of M. S. Strogovich’s legacy carried out in the article will fully allow to rethink the modern system of criminal proceedings in a new way, can be used as a kind of key to finding solutions to law-making and law enforcement problems, for the further development of the national science of criminal procedure law.
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Derishev, Yu V. "Legacy of M. S. Strogovich and Modern Problems of Functional-Legal Construction of Criminal Pre-Trial Proceedings." Siberian Law Review 17, no. 4 (2020): 495–513. http://dx.doi.org/10.19073/2658-7602-2020-17-4-495-513.
Full textAbstract:
In November 2019, the world legal community widely celebrated the 125th anniversary of Professor M. S. Strogovich, who, according to his scientific colleagues and students, was a scientist who was “ahead of time”.This article provides a retrospective and comparative analysis of the positions of M. S. Strogovich and his colleagues on certain problems of domestic criminal proceedings, in particular its pre-trial phase, in the context of the direct influence of the scientist's scientific heritage on the development of modern criminal procedure law. The Author of the article particularly interesting views of the scientist and his participation in discussions related to defining the essence and purpose of the preliminary investigation, the implementation of the functions of preliminary investigation in relation to criminal prosecution, the problems of implementation of the principles of presumption of innocence and the adversarial nature of pre-trial proceedings in criminal cases, and, finally, the General Manager of the “investigative case” in modern Russia.M. S. Strogovich consistently adhered to the idea of the need to develop and strengthen procedural guarantees of individual rights, guarantees of justice, and this can be seen in this article. Thus, defining the essence of the criminal process as a system of actions of the relevant officials and the procedural legal relations that arise in connection with them, which in itself was a serious “scientific courage” of those years, M. S. Strogovich particularly defended the position that all participants in criminal proceedings are subjects of the rights granted to them and the duties assigned to them, and they should not be considered objects of unilateral power of officials. This idea has become widespread and generally accepted as the basic definition of domestic (Soviet and Russian) criminal proceedings.The article analyzes M. S. Strogovich’s scientific steps on the conceptual turn from revolutionary-radical ideas about the construction of criminal proceedings to its classical canons and traditions of the Russian criminal process, On the basis of which the conclusion is made about the indispensable use of the scientist's legacy in modernьRussian procedural studies.The research of M. S. Strogovich’s legacy carried out in the article will fully allow to rethink the modern system of criminal proceedings in a new way, can be used as a kind of key to finding solutions to law-making and law enforcement problems, for the further development of the national science of criminal procedure law.
Dissertations / Theses on the topic "Action in connection with legal proceedings"
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Martinelle, Mathieu. "L’action civile de l’associé en droit pénal des sociétés." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0236.
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La victime en col blanc est mésestimée, tant par l’opinion publique que par le droit. Si les infractions en matière économique, financière et boursière heurtent, les personnes lésées par ces agissements bénéficient peu de l’empathie traditionnellement accordée aux victimes pénales. Parmi elles, il en est cependant une qui mérite une attention particulière : l’associé. Alors qu’une personne sur trois dispose en France de cette qualité, l’associé est susceptible d’être une victime du fait de son engagement. Acteur social majeur, il peut subir les effets d’une infraction au droit pénal des sociétés. Lorsqu’il est la victime d’une telle infraction, l’associé a vocation à exercer une action civile. Action en réparation appartenant à tous ceux ayant subi un dommage directement causé par l’infraction, celle-ci est toutefois réservée aux seuls associés titulaires du bien juridique protégé par l’incrimination chef des poursuites. Alors que le droit d’agir en action civile de l’associé est ainsi limité, le bien-fondé de la demande en réparation de son préjudice est également soumis à des conditions interprétées à l’aune de théories singulières. Le brouillard dans lequel se situe aujourd’hui l’associé victime d’une infraction au droit pénal des sociétés est dense. Il nous revient de l’en sortir en proposant des évolutions conformes au droit et répondant à la situation réelle de cette victime pénale jusque-là oubliée<br>White-collar victims are usually left on the sidelines, both by the public opinion and the law. While economic and financial offences, without mentioning those related to stock market, are conscience-shocking, the victims of those offences are not of much concern. Yet, one of them is worth paying attention to, i.e. the partner. Being a partner, which is the case for one-in-three French people, may involve a side-effect, that is being victim of his or her own commitment. As a major actor of both business and social life, the partner may be harmed by a business crime. When victim, the partner may bring the civil proceedings, which are actions for compensation belonging to those directly harmed by the criminal offence. Nonetheless, this action is restricted to the partner bearer of the protected legal interest. As for the right of action, the validity of damage claims is limited by conditions interpreted in the light of peculiar theories. The partner, victim of business crimes, is thus lost in a heavy mist, from which he or she must be shown the way out by proposing legal changes addressing the real situation of the up-to-now forgotten victim
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Rabut, Gaëlle. "Le préjudice en droit pénal." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0173/document.
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Le préjudice est une notion qui appartient classiquement à la matière civile. Figuretraditionnelle et incontournable de cette discipline, le préjudice suscite aujourd’hui l’engouement desspécialistes de la matière. Face à ce phénomène, les pénalistes sont légitimes à s’interroger sur laplace du préjudice en droit pénal. Si le concept est peu utilisé dans cette matière, il n’est toutefois pastotalement inconnu. Cependant, l’étude du préjudice en droit pénal devra révéler l’absence de placepour cette notion en droit répressif. Cette différence entre le droit civil et le droit pénal s’explique parles finalités distinctes qui animent les deux disciplines. Alors que le droit civil a pour objectif laréparation des préjudices soufferts individuellement, le droit pénal est guidé par l’impératif deprotection de l’intérêt général par le maintien de l’ordre public.Ainsi, le préjudice n’a, d’une part, pas de place dans la théorie de l’infraction. Il n’est pris encompte ni dans le processus de création des incriminations, ni dans celui de leur qualification. Lepréjudice n’est pas un élément constitutif de l’infraction, et n’équivaut ainsi pas au résultatinfractionnel. D’autre part, le préjudice n’a qu’une place limitée dans la théorie de l’action en droitpénal. S’il apparaît comme une condition de recevabilité de l’action civile exercée devant lesjuridictions répressives, c’est parce que celle-ci se présente comme une action en responsabilitécivile, à vocation uniquement réparatrice. En revanche, le préjudice n’est pas une condition de l’actionpénale en répression de l’infraction<br>The notion of prejudice habitually falls within the boundaries of civil law. As a traditionaland inescapable feature of this discipline, prejudice is today sparking off heated debates amongspecialists. Confronted with this new trend, criminal law experts can rightfully wonder about the placeof prejudice in criminal law. If the concept is little used in this law area, it is nonetheless not totallyunknown. However, the study of prejudice in criminal law will have to prove the irrelevance of thisnotion in that regard. This difference between civil and criminal law can be accounted for by thedistinct purposes of these two areas of the law. Whereas civil law aims at seeking redress for harminflicted on individuals, criminal law is guided by the imperative need to protect general interestthrough the maintenance of law and order.Thus, prejudice does not fall within the scope of the criminal offence theory. It is neither taken intoaccount in the process of defining offences by the lawmaker nor in the classification of the offence bythe trial court. Prejudice is not a constituent part of the infringement and thus is not tantamount to itsoutcome. Furthermore, the notion of prejudice plays a limited role in the theory of criminal lawprocedure. If prejudice appears as a condition governing the admissibility of a civil action brought incourt it is because it is perceived as a legal action for damages, for the sole purpose of monetarycompensation. On the other hand, prejudice is not a condition for criminal proceedings with thepurpose of punishing the offence
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Lestrade, Éric. "Les principes directeurs du procès dans la jurisprudence du Conseil Constitutionnel." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40033/document.
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Malgré le peu de fondements écrits consacrés à la justice dans le texte de la Constitution du 4 octobre 1958, le Conseil constitutionnel, en réalisant un travail d’actualisation à partir de la Déclaration des droits de l’homme et du citoyen, a permis l’émergence d’un droit constitutionnel processuel, construit autour de principes directeurs. Ceux-ci peuvent être répartis dans trois catégories : deux principales, selon que l’acteur du procès prioritairement concerné soit le juge ou les parties et une troisième, complémentaire, celle des garanties procédurales, permettant de favoriser les qualités essentielles du juge et de contrôler le respect des droits des parties. Une gradation des exigences du Conseil constitutionnel est discrètement perceptible entre les deux premières catégories de principes, plus facilement identifiable entre celles-ci et la dernière famille. Cette échelle décroissante de « densité » des principes directeurs du procès témoigne d’une véritable politique jurisprudentielle en matière de droit constitutionnel processuel, qui met l’accent sur l’accès au juge, doté des qualités indispensables à l’accomplissement de sa mission juridictionnelle. Toutefois, aussi satisfaisante que soit l’action du juge constitutionnel français à l’égard du droit du procès, celle-ci nécessiterait aujourd’hui le relais du constituant, afin de moderniser le statut constitutionnel de la justice<br>In spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status
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許依蘋. "Study on Litigation Interest of Property litigation from Right of Instituting Legal Proceedings- Focus on Action of Declaration." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/t3d749.
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Glogr, Michael. "Neplatnost a neúčinnost právního jednání v insolvenci." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-434640.
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Invalidity and Ineffectiveness of Legal Action in Insolvency Proceedings Abstract The subject of this thesis is a comprehensive analysis of the institute of invalidity of legal actions and ineffectiveness of legal actions and the incorporation of these concepts in contemporary legal theory and practice. The legislation protects the rights of recipients of the law and the public interest by identifying the legal actions which contradict the principles of morality or (and?) the law, as absolutely or relatively invalid, if the meaning and the purpose of the Act so require. Legal actions are also considered invalid if those actions undertake to the fulfilment of something impossible and in certain cases also if those actions are not made in the required form or if they are an error. The current legislation also protects creditors from the behaviour of debtors, if they intentionally shorten their creditors, through an institution called the relative ineffectiveness of legal action. The purpose is to protect creditors, guarantors and other persons against this shortening legal actions made by debtors. Such conduct of the debtor is formally not problematic, but it damages creditors, who therefore have the right to demand that the court determines such action is ineffective (only) against them. The author's...
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Mudroch, Luboš. "Neúčinnost právních úkonů dlužníka v insolvenčním řízení. Komparace české a britské právní úpravy." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-434666.
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THE TITLE OF THE DIPLOMA THESIS AND ABSTRACT TITLE: Transaction Avoidance in Insolvency Proceedings Comparison of Czech and British Legislation ABSTRACT: The general goal of transaction avoidance in insolvency proceedings is to prevent the adverse effects of economic entity's collapse that might be multiplied both by an interest of the collapsing entity to dispose the residual property to connected or associated subjects and by a plurality of creditors with conflicting interests and logical motivation not to be subjected to the mandatory rules of the insolvency proceedings. The current attitude and status of Czech legislation and jurisprudence to transaction avoidance is affected by the fact that within the socialism (and the related decadence of jurisprudence) this legislation could not sufficiently evolve which resulted in a situation that Czech legislation is currently dealing with multiple theoretical and practical deficiencies that neighboring legal systems have dealt with many decades ago. The main goal of this theses is to provide thorough analysis of both Czech and (with regards to the content limit of this theses) also the British legislation and to point out the most crucial deficiencies in Czech legislation and possible inspiration in the British legislation. The theses is divided into four...
Books on the topic "Action in connection with legal proceedings"
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Women and Law Conference (1995 University of Sydney. Women's College). Women and Law Conference: Working for women? : anti-discrimination, affirmative action, and equal opportunity, 22nd September 1995 : proceedings. Edited by Larbalestier Jan, Russell Denise, University of Sydney. Women's Studies Centre., Law Foundation of New South Wales., and University of Sydney. Equity Fund. Women's Studies Centre, University of Sydney, with assistance from the Law Foundation of New South Wales and the University of Sydney Equity Fund, 1996.
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Holthouse, Henry James. A new law dictionary: Containing explanations of such technical terms and phrases as occur in the works of legal authors, in the practice of the courts, and in the parliamentary proceedings of the Houses of Lords and Commons, to which is added an outline of an action at law and of a suit in equity. 2nd ed. Lawbook Exchange, 1999.
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Women and Law Conference: Working for women? : anti-discrimination, affirmative action, and equal opportunity, 22nd September 1995 : Proceedings. Women's Studies Centre, University of Sydney, with assistance from the Law Foundation of New South Wales and the University of Sydney Equity Fund, 1996.
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Social Dialogue on ILO Convention no. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor: Proceedings. Dept. of Labor and Employment, 2000.
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Social Dialogue on ILO Convention no. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor: Proceedings. International Labor Organization, 2000.
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Althea, Segopolo Segametsi Miriam, Dow Unity, Matlakala Daphne Motlagomang, et al., eds. Women and the law in Botswana: Action strategies : report of the proceedings of a workshop held at the Gaborone Sun Conference Centre, 7th to 9th December 1989. Emang Basadi Women's Association, 1989.
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A national action plan on lawyer conduct and professionalism: Adopted January 21, 1999 by the Conference of Chief Justices. Regulatory authority over the legal profession and the judiciary : the responsibility of state supreme courts : a report of the conference proceedings Rancho Bernardo, California, March 1997. American Bar Association, 1999.
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Dennis, Faber, Vermunt Niels, Kilborn Jason, and Richter Tomáš, eds. Commencement of Insolvency Proceedings. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199644223.001.0001.
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This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.
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Stark, Alastair. Logics for Action and Conventional Wisdom. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198831990.003.0008.
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This chapter examines the logics for action that inquiry actors bring into a lesson-learning episode. Logics for action is a term that describes the knowledge-related preferences that actors use in inquiries to make decisions. Analysis of the logics in these cases leads to three specific arguments. First, that political logics for action do not compromise inquiries in the ways which inquiry research currently suggests. Second, that public-managerial logics are essential to inquiry success in terms of policy learning. Finally, that legal-judicial logics need not necessarily lead to blaming and adversarial proceedings, which derail the lesson-learning function. These three arguments once again suggest that we need to rethink much of the conventional wisdom surrounding inquiries.
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Cheong-Ann, Png. Part I The International Law of Tainted Money, 2 International Legal Sources I—the United Nations Conventions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.003.0002.
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This chapter looks at the origins of the international regulation of tainted money. This has its origins in laws concerning drugs, in particular the illicit production and trafficking of drugs and the connection of that trade to organised crime. More recently, terrorism, whether financed from the proceeds of crime or tainted money or with legitimate funds, has come under the rubric of the international regulation of tainted money as well. The chapter describes how the principal international initiatives in the development of international law and standards in these areas have been at the levels of the United Nations (UN) and the Financial Action Task Force (FATF). The UN conventions and UN Security Council resolutions as well as the FATF Recommendations, the chapter concludes, should be kept in view when considering proceeds of crime and tainted money. This chapter provides a framework for understanding these instruments, including their implications for domestic law and practice.
Book chapters on the topic "Action in connection with legal proceedings"
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Barnwell, P. S. "Action, Speech and Writing in Early Frankish Legal Proceedings." In Utrecht Studies in Medieval Literacy. Brepols Publishers, 2011. http://dx.doi.org/10.1484/m.usml-eb.1.100617.
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Fischer-Lescano, Andreas. "From Strategic Litigation to Juridical Action." In Interdisciplinary Studies in Human Rights. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_15.
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AbstractWith strategic litigation, lawyers and public interest NGOs have sought to bring socio-structural problems before courts around the world for many years. In doing so, they (a) initiate legally substantiated lawsuits that (b) pursue goals beyond a legal process’ “success” and (c) address considerable political issues. Litigation strategists often strive to realise the judicial enforcement of human rights, environmental rights, trade union rights, migrant and refugee rights, and so on, in these proceedings. In other words, they seek to make the law “better.” It is precisely here that legal mobilisation’s structural limitations—also present in the day-to-day business of law—come to light in the context of strategic litigation.
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Wasylkowska-Michór, Magdalena. "The Impact of Brexit on the Arbitration Procedure in Great Britain." In Cofola International 2021. Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-4.
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The current position of the UK as the most frequently chosen place for international commercial arbit-ration is the result of long period of growth and development of arbitration proceedings in this country. As of 31 December 2020, the UK ceased to be a member of the EU, the problem arose how would in-ternational arbitration in this country look like. The main aim of this contribution is firstly to show how the arbitration procedure in the UK works and what is its legal basis. The paper then focuses on the procedure for the recognition and enforcement of arbitral awards, which is particularly impor-tant now in the view of Brexit. Next, the author presents issues that may be problematic in connection with Brexit, i.e., so called anti-suit junctions and public policy.
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Cento, Veljanovski. "Part VI The Legal Process, 23 Collective Proceedings." In Cartel Damages. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198855163.003.0023.
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This chapter studies the requirements for certification of a collective action. As from 2015, new opt-out and opt-in collective proceedings can be brought for the award of aggregate damages. These require certification by a collective proceeding order (CPO) application to the Competition Appeal Tribunal (CAT) before they can proceed to trial. The requirements for a CPO are set out in the Competition Appeal Tribunal Rules 2015 (CAT Rules) and CAT Guide to Proceedings 2015 (CAT Guide). A collective action must be brought in the name of an appropriate representative, which can be an individual or a body which need not be a member of the proposed class. The CAT will consider the suitability of the representative as part of the certification process. The class representative must show that the action is suitable for the award of aggregate damages and that the members of the class have a sufficient common interest. Lawyers for the class representative will play the major role in managing the claim, making funding arrangements, and communicating with class members.
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Broberg, Morten, and Niels Fenger. "Litigation Costs and Legal Aid." In Broberg and Fenger on Preliminary References to the European Court of Justice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198843580.003.0013.
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Chapter 13 presents the rules on costs and legal aid. It is for the referring court to decide on the allocation of costs in connection with a reference for a preliminary ruling. This means that parties to the main proceedings and any other persons or entities who intervene before the national court may have their costs covered. Others entitled to present observations before the Court of Justice as part of the preliminary reference are responsible for their own costs. The Court of Justice may grant legal aid to a party to the main proceedings who is wholly or partly unable to meet the costs of the proceedings before the Court. The legal aid covers, fully or partly, the costs incurred both for written and oral observations.
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Holberg, Erica A. "Aristotle on the Pleasure of Courage." In Proceedings of the XXIII World Congress of Philosophy. Philosophy Documentation Center, 2018. http://dx.doi.org/10.5840/wcp232018221299.
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Because virtuous action is the fulfillment of our nature and so is constitutive of good living, Aristotle argues for a conceptual connection be-tween virtuous action and pleasure. Yet courage does not seem to conform to this account of virtuous action. Because courageous action involves confronting the fearful, which is painful, and because courageous action can fail to achieve the desired (and presumably pleasant) goal, it seems contrary to experience to claim that all truly courageous action is pleasant. I offer a defense of Aristotle’s claim that courageous action is necessarily pleasant. To do this, I give a more detailed explanation of the hierarchical, metaphysical relation between process and activity in courageous action. Virtuous activity, as instantiated in courageous actions, is necessarily pleasant because it is an end-in-itself and complete, and so requires pleasure as the full engagement of the agent in the action.
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Kuczera, Markus. "Accelerated proceedings before the central division." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0231.
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Rule 40 applies to two cases in which, overall, there is an increased interest in determining whether or not the patent in suit is legally valid: first, if an Application for provisional measures has been lodged pursuant to Rule 206 (lit a) or, secondly, if the local or regional division referring the Counterclaim for revocation to the central division continues the original infringement action, which it is still pending with that division, instead of staying the action until the central division has issued a decision in the revocation action (lit b). In both cases, the alleged infringer risks being faced with a serious encroachment of its rights within a short time if the legal validity is not subsequently assessed. The principles of fairness and equity thus require not only that delays in the revocation action are avoided but also that any possibilities for accelerating the action are exploited flexibly.
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Freedman, Eric M. "Captain Hodsdon’s Legal Entanglements." In Making Habeas Work. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479870974.003.0005.
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Illustrating the numerous legal restraints on power in the early national period, this chapter focuses on Captain Isaac Hodsdon of the United States Army, accused of wrongfully imprisoning men in Stewartstown, New Hampshire during the War of 1812. They first obtained a state writ of habeas corpus. Hodsdon’s response, that he would not produce the men because one was a prisoner of war and the other detained on federal charges was—quite appropriately—found contemptuous. He was prosecuted in private criminal contempt proceedings, and also held liable for damages in a false imprisonment action. Meanwhile the New Hampshire legislature (to whom Hodsdon apparently gave a false account of the events) passed a restoration to law statute, enabling him to overcome a missed deadline. Ultimately the United States Congress (of which his counsel, John Holmes, had become a member) granted him indemnity. These events were the subject of tart newspaper exchanges in the Concord Statesman & Register and the New-Hampshire Patriot.
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Law, European. "Proceedings Preparatory to a Final Hearing." In ELI – Unidroit Model European Rules of Civil Procedure. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866589.003.0006.
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This chapter assesses the provisions on the proceedings preparatory to a final hearing under the European Rules of Civil Procedure. Rule 61 provides that ‘to prepare for a final hearing, the court may hold an early case management hearing and if necessary further ones as the case progresses’. Rule 62(1) in connection with Rules 49(1) and (3) – (6) addresses the means of case management that are to be employed in or after the early management hearing. They are designed to ensure that the court takes such organisational measures as are necessary to facilitate the effective conduct of preparatory proceedings, including settlement endeavours, determination of the type and form of on-going proceedings, the procedural calendar or timetable, any limitation in terms of the number and/or length of submissions, the consolidation or separation of proceedings, or the order in which issues are to be tried. The chapter then considers the provisions on the closing of preparatory proceedings; the final hearing; early final judgments; judgments on preliminary procedural issues or on legal issues on the merits; and provisional measures and interim payment orders.
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Simpson, Brian. "The Rule of Law in International Affairs." In Proceedings of the British Academy Volume 125, 2003 Lectures. British Academy, 2005. http://dx.doi.org/10.5871/bacad/9780197263242.003.0010.
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This lecture discusses the influence of international law on the conduct of states. It focuses on two specific and very fully documented incidents that took place during the Second World War, and which provoked strong protests from the Norwegian government. The lecture attempts to identify the severe problems that are involved in establishing the relationship between international law and state action. It concludes by identifying an area of legal theory that has been neglected by scholars: the nature of legal justification in international affairs.
Conference papers on the topic "Action in connection with legal proceedings"
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Sergeev, E. V., A. V. Karzanov, and A. V. Tremaskin. "Connection of optimum temporal exponents with a principle of least action." In SPIE Proceedings, edited by Anatoly M. Filachev. SPIE, 2008. http://dx.doi.org/10.1117/12.804374.
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Tallova, Lydie. "VALIDITY AND LEGAL EFFECT OF PUBLISHING LICENSE AGREEMENTS ACCORDING TO NEW CZECH LEGISLATION." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b2/v4/26.
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"This contribution focuses on the new legislation on the publishing license agreement in the Czech Republic. Given the legislative history and its importance in the copyright obligation area, this type of agreement occupies an essential position. The publishing license agreement is the oldest kind of license agreement. It dates back more than sixty years to earlier of the Czech legislation. Since 1953, it has been embedded in the the copyright law as a special subtype of copyright agreements. After the recent reform of the Czech private law, this legal body underwent a fundamental legislative change consisting of the transfer of this piece of legislation from the copyright law to the New Civil Code in order to unify the duality of the previous license agreement legislation formerly embedded in two legal norms of the Czech legal system. While the license provisions for literary, artistic and scientific works were contained in the copyright law provisions, the legal protection for industrial property objects, including corresponding license provisions, were subject to the commercial code. In connection with the private law reform, the New Civil Code came into effect on 1 January 2014 and its framework provided the lawmakers with a chance to unify the previously fragmented license agreement legislation into a single legal provision, while at the same time respecting the particularities of the license under copyright law. The unified license agreement legislation for commercial and civil relations in connection with the reform of local private law is newly defined in Sec. 2358 and 2389 of New Civil Code (Act No. 89/2012 Sb.), while the publishing license agreement provisions are defined in a special provision in Sec. 2384 and 2386 thereof. The new legislation has adopted the previous legislation from both special acts without any fundamental changes. However, minor changes are introduced to licensing law in the Czech Republic which are further specified in this paper. The issue under review is set in a theoretical framework and simultaneously depicted in a historical context. This paper presents the topic in its complexity by highlighting the overlap of the introduced changes in license agreement legislation with other provisions of the private law."
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Hudoyo, Unggul, Yusufa Setiawan, and Mokhammad Najih. "Constitutional Implications of Medical Action Refusal by Pediatric Patient’s Parents." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303669.
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Sagala, Juben, and Faisal Santiago. "Evidence in Civil Action Procedures against the Law by Controlling and Owning Land without Legal Rights." In Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.30-10-2021.2315849.
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K. Haris, Oheo, and Syahbudin. "Legal Environmental Action Aspects, Based on Environmental Conservation, According to Law 32/2009 Concerning Protection and Management of Environment." In Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/icils-19.2019.23.
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Škorić, Sanja, and Vladimir Jovanović. ""COVID PASSPORTS" - LEGAL ASPECT, POSSIBLE USE AND IMPACT ON TOURISM DEVELOPMENT." In The Sixth International Scientific Conference - TOURISM CHALLENGES AMID COVID-19, Thematic Proceedings. FACULTY OF HOTEL MANAGEMENT AND TOURISM IN VRNJAČKA BANJA UNIVERSITY OF KRAGUJEVAC, 2021. http://dx.doi.org/10.52370/tisc21484ss.
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"COVID" or immunity passports are classified as one of the reactions to the world pandemic and its suppression at the international level. Given that implications of this document, its legal nature, the manner of exercising the right to it, etc., are still not quite clear, various dilemmas may arise regarding this document. Also, how much will another bureaucratic obligation in connection with the organization of travel affect tourism, which has suffered incredible financial losses in the past year? It is very difficult to predict the direction of development of tourism and tourist services, especially not after the adoption of the basic rules that will concern "COVID" passports. There are dilemmas about this document in the legal sense, as well as in the sense of its obligation - will each state individually decide whether it is obligatory to enter in it or will it be one of the obligations of everyone at the international level?
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Bartko, Robert. "THE ENFORCEMENT OF PRINCIPLE ON LEGALITY IN THE HUNGARIAN FIGHT AGAINST THE IRREGULAR MIGRATION." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b2/v4/25.
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From 2015 Hungary has been permanently affected by the irregular migratory flow, which – already in 2015 - marked a beginning of a new era in the history of European migration. In many European countries, including in Hungary, the public opinion related to irregular migration has forced the legislators to take the necessary and effective measures against it. In Hungary, among others, criminal law has been also in focus. The first step was the construction of the physical border fence, and as a second stage, the Hungarian Parliament adopted the legal framework on its protection. In accordance with this step, new crimes were inserted into the Hungarian Criminal Code, which entered into force in 15 September 2015. These crimes - are called in the Hungarian literature as „crimes against the border barrier” – were the following: unlawful crossing the border barrier, damaging the border barrier and the obstruction on construction work of the border barrier. According to the relevant official statistical data, the number of crimes against the border barrier decreased significantly for the past few years. In contrast to it, the number of the irregular entries or attempts across the border barrier detected by the Hungarian authorities – at least according to the statistical data published by the Hungarian Police Force – are higher than the number of the criminal procedures conducted due to the crimes mentioned. Therefore, the aim of the paper is to present how the principle of „legality” is enforced by the Hungarian authorities concerning the irregular entries and what kind of conclusions can we make according to the criminal-statistical data and to the detected irregular entries. The paper – after presenting the legal background – will analyze the data mentioned above and will try to make legal conclusions and proposals in connection with the fundamental procedural principle mentioned above.
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Хамдамова, Фируза. "РОЛЬ ГРАЖДАНСКОГО ОБЩЕСТВА В ДОСТИЖЕНИИ ЦЕЛЕЙ УСТОЙЧИВОГО РАЗВИТИЯ". У Proceedings of the XXIX International Scientific and Practical Conference. RS Global Sp. z O.O., 2021. http://dx.doi.org/10.31435/rsglobal_conf/25052021/7563.
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The article is devoted to the role of civil society in achieving the SDGs. The author notes that civil society institutions can play the role of initiators of social transformations, consultants, communicators, monitors and tools for strengthening partnerships both at the national and global levels, in the process of achieving the SDGs. At the same time, the article emphasizes the still insufficient level of civil society involvement in the achievement of the SDGs. The author provides an overview of the best practices in this area and makes proposals for activating civil society in the implementation of the SDGs. The goal is to determine the role and functions of civil society in achieving the SDGs, identify the main areas of activity, develop recommendations for enhancing the role of civil society in achieving the SDGs. Research methods - analysis of legal documents, review of best practices. Research results. - Civil society is a key partner in achieving all 17 sustainable development goals, but is not sufficiently involved in the processes of achieving the SDGs; - New forms of cooperation and interaction with civil society institutions should be introduced for their active involvement in the achievement of the SDGs; Conclusions. It is necessary to ensure the involvement of civil society institutions in all stages of the implementation of the SDGs - from the development of national action plans for achieving the SDGs to reporting. At the same time, it is important to strengthen the interaction not only between the state and the institutions of civil society, but the interaction between the institutions of civil society themselves, including through the creation of their coalitions.
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Pauly, Michael. "Rozhodnutí Rady EU – žaloba České republiky ve světle rozhodnutí o relokaci a žaloby s ním související." In Nestandardní bezpečnostní situace: ústavní, mezinárodní a evropský pohled. Západočeská univerzita v Plzni, 2021. http://dx.doi.org/10.24132/zcu.2021.09228.214-230.
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First of all, the thesis provides a general analysis of EU Council Decisions no. 2015/1523 and no. 2015/1601, which were accepted with the goals of solving the migration crisis, establoshing relocation quotas and tackling asylum seekers, who were apparently motivated by the provision of international protection of such persons from the Hellenic Republic and the Italian Republic. Furthermore, the paper defines the basic concepts related to the issue, especially asylum, asylum seeker, relocation, relocation order, Dublin system and the like. From the point of view of the material discussed, the paper outlines the basic contours of the Lisbon Treaty, the causal link between the adoption of the Lisbon Treaty and the legal binding effect of relocation quotas for EU Member States. Treaty on the Functioning of the European Union (TFEU), which newly introduces shared competences in the areas of asylum, migration, external border control and police and judicial cooperation in criminal and civil mattersis also part of the analysis. Following the above interpretation, the paper examines the action against the Czech Republic brought by the European Commission on 22 December 2017 for alleged breach of the Czech Republic‘s relocation obligations and the proceedings. In addition, the action brought by the Republic of Hungary, the Slovak Republic and the Republic of Poland (intervening) is requesting a ruling from the Court of Justice of the EU to set the decision of the EU Council of 22 September 2015 under No. 2015/1601, which is laying down mandatory migration quotas for member states aside
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Meert, Arnaud, and Jean-Paul De Cock. "Organization of the Independent Safety Review Done by Electrabel for the Safety Assessment of Doel 3 and Tihange 2 RPVs." In ASME 2017 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/pvp2017-66216.
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The paper will deal with the way Electrabel carried out an independent control of the safety case studies of Doel 3 and Tihange 2 Reactor Pressure Vessels assessments after the discovery of indications of hydrogen induced flakes. Electrabel’s Physical Control Service (Service de Contrôle Physique: SCP), acting as an internal independent body, has been involved since the very beginning of the development of the Safety Case. Its objective has been to perform an independent review of the project deliverables issued by the Project Team. Several independent evaluations were carried out. Some were externalised: for instance Sandia National Laboratories performed calculations with an independent methodology to challenge the project grouping methodology; they also assessed the UT technique used for the non-destructive tests. Others were done internally: for instance, statistical calculations were performed during the UT qualification process, leading to a recommendation to increase the detection level. SCP also provided its recommendations when determining the fluence level for the irradiation campaigns done in the BR-2 reactor. This helped to challenge the correlations established for the Safety Case by the Project Team. The paper will detail the way the SCP was organised, the scope of its activities and reviews. It will detail the legal process of independent review as requested by the Belgian legal framework. It will also detail some specific actions carried out as the Sandia counter-study and some external expertise performed. During the whole assessment process, SCP produced several reports, synthetized in the final advise: ‘Report on independent analysis and advice regarding the Safety Case’ and its addendum, published on the website of the FANC. This late one covered the full project scope (Safety Case 2015 Version1), ranging from the preliminary studies, proceedings of mechanical tests, and draft documents up to the final justification file that was delivered to the Safety Authorities on 28 October 2015. An overview of those reports, the concerns and the solution found and finally the approbation of the action plan will be described. Nevertheless, the paper will not address the part of the review done by the Regulatory Body and its Technical Support Organization as it is out of the scope of the SCP activities.
Reports on the topic "Action in connection with legal proceedings"
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Sturzenegger, Germán, Cecilia Vidal, and Sebastián Martínez. The Last Mile Challenge of Sewage Services in Latin America and the Caribbean. Edited by Anastasiya Yarygina. Inter-American Development Bank, 2020. http://dx.doi.org/10.18235/0002878.
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Access to piped sewage in Latin America and the Caribbean (LAC) cities has been on the rise in recent decades. Yet achieving high rates of end-user connection between dwellings and sewage pipelines remains a challenge for water and sanitation utilities. Governments throughout the region are investing millions in increasing access to sewage services but are failing in the last mile. When households do not connect to the sewage system, the full health and social benefits of sanitation investments fail to accrue, and utilities can face lost revenue and higher operating costs. Barriers to connect are diverse, including low willingness to pay for connection costs and/or the associated tariffs, liquidity and credit constrains to cover the cost of upgrades or repairs, information gaps on the benefits of connecting, behavioral obstacles, and collective action failures. In contexts of weak regulation and strong social pressure, utilities typically lack the ability to enforce connection through fines and legal action. This paper explores the scope of the connectivity problem, identifies potential connection barriers, and discusses policy solutions. A research agenda is proposed in support of evidence-based interventions that have the potential to achieve higher effective sanitation coverage more rapidly and cost-effectively in LAC. This research agenda must focus on: i) quantifying the scope of the problem; ii) understanding the barriers that trigger it; and iii) identifying the most cost-effective policy and market-based solutions.