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Journal articles on the topic 'Codes and Code Enforcement'
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1
Sutter, Daniel. "Public Sector Quality Assurance and Building Codes." Journal of Public Finance and Public Choice 27, no. 2 (October 1, 2009): 155–69. http://dx.doi.org/10.1332/251569209x15665367046633.
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Abstract Building codes have been stressed as a means to reduce losses from hurricanes, earthquakes and other natural hazards. Almost all U. S. states have adopted a building code, but codes must be enforced to actually strengthen the built environment. This paper explores the determinants of building code enforcement across states using ratings from the Insurance Services Office. Overall enforcement is not outstanding, as only five communities nationwide have the best rating of 1, and less than 7% have one of the three top ratings. Although stressed as a means to reduce natural hazards losses, enforcement is not better in states vulnerable to hurricanes and is actually lower in earthquake vulnerable states. Enforcement generally improves with a larger state and local government, while political corruption reduces enforcement. Building codes are better enforced in more urban states, consistent widi beneficial competition between local governments, while inequality does not significantly affect enforcement.
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Pavlakis, Alyssa, and Rachel Roegman. "How dress codes criminalize males and sexualize females of color." Phi Delta Kappan 100, no. 2 (September 24, 2018): 54–58. http://dx.doi.org/10.1177/0031721718803572.
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School dress codes have been making news as students speak out about the ways the standards appear to them to be unfair, particularly to girls and Black males. Girls’ clothing choices are singled out for being overly revealing and a distraction to boys, while Black males’ choices are perceived as being associated with criminality. The authors surveyed students and interviewed teachers at a midwestern high school to better understand their perspectives on dress code enforcement. The survey found that Black and multiracial students were disproportionately likely to be “coded” (spoken to by a school adult) or disciplined for dress code violations.
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Imankulov, T. "Liquidation of the System for Prevention of Crimes and Administrative Offenses, Lack of Actual Compositions of Crimes as a Consequence of Action of the Criminal Code of the Kyrgyz Republic no. 10 from January 1, 2019." Bulletin of Science and Practice 7, no. 8 (August 15, 2021): 294–312. http://dx.doi.org/10.33619/2414-2948/69/34.
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The author, being a participant in the process of reforming the Criminal Code of the Kyrgyz Republic, offers his own ways out of the crisis situation in the field of combating crime in the Kyrgyz Republic, when due to the new Criminal Code of the Kyrgyz Republic, the Code of the Kyrgyz Republic on misconduct, the Code of the Kyrgyz Republic on violations of law enforcement agencies The Kyrgyz Republic turned out to be powerless in the face of crime, lost the opportunity to prevent crimes by means of administrative prejudice in the criminal law of the Kyrgyz Republic. The author, using specific examples of the articles of these codes, shows the destructive nature of these codes for the state and its institutions.
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Luna, Erik. "Principled Enforcement of Penal Codes." Buffalo Criminal Law Review 4, no. 1 (April 1, 2000): 515–625. http://dx.doi.org/10.1525/nclr.2000.4.1.515.
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May, Peter J., and Nancy Stark. "Design Professions and Earthquake Policy." Earthquake Spectra 8, no. 1 (February 1992): 115–32. http://dx.doi.org/10.1193/1.1585673.
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This article addresses the role of the design professions in enhancing seismic safety as evidenced by interviews with design professionals in the Pacific Northwest. Key policy issues of relevance to this discussion concern the role of codes and other regulatory efforts in influencing design practices. The findings indicate seismic design practices are driven by seismic codes and related norms of “good” engineering and seismic design. Economic and liability considerations constrain practices beyond those of code provisions. As a consequence, policy reforms for seismic risk reduction are highly dependent upon seismic code revision. Variation in seismic design practice is reduced through professional educational efforts, professional licensing and registration requirements, and code enforcement. These findings serve as qualified endorsement of the current federal “limited regulatory” strategy in working with private code-setting authorities to improve seismic code provisions. The qualifications concern the disjunctive impacts of the limited regulatory strategy.
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Wymeersch, E. "The Enforcement of Corporate Governance Codes." Journal of Corporate Law Studies 6, no. 1 (April 2006): 113–38. http://dx.doi.org/10.1080/14735970.2006.11419948.
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Koombaev, Abdish. "Problems of criminal liability and execution of certain types of criminal penalties under the new legislation of the Kyrgyz Republic." International penitentiary journal 2, no. 3 (December 30, 2020): 153–59. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).3.153-159.
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As part of measures to improve the justice system and the legal system in the Kyrgyz Republic, the President’s decree No. 147 (adopted on 08.08.2013) and the decisions of the Council on judicial reform established an expert working group to develop new criminal and civil laws. After four years of work, the new Code on offences, the Code of violations, the Penal Code and other “related” laws were adopted simultaneously with the new Criminal and Criminal-procedural Codes, which allows us to see the scale of changes in the legal system of the Kyrgyz Republic. In parallel, measures are being taken to reform the judicial system and law enforcement agencies. New codes have introduced rules and institutions that cannot be analyzed in detail in a single article.
In addition, for almost a year and a half, training of practical employees of law enforcement agencies and courts has been organized for the full and high-quality implementation of these institutions and rules, automated systems, separate structures and services are being created, which are equipped with appropriate equipment and office equipment.
For this reason, the author considers it premature to draw any conclusions about the effectiveness of the ongoing reforms, since technical errors and gaps in the new codes are still being corrected, regulatory legal acts are being brought into line, and new regulations and instructions are being developed. This article attempts to give a brief general description of the reform of the criminal law direction, primarily the norms related to criminal liability under the new legislation of the
Kyrgyz Republic.
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O’Dwyer, Brendan, and Grainne Madden. "Ethical Codes of Conduct in Irish Companies: A Survey of Code Content and Enforcement Procedures." Journal of Business Ethics 63, no. 3 (February 2006): 217–36. http://dx.doi.org/10.1007/s10551-005-3967-x.
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Baranek, Devon, and Ethan Kinory. "Statewide Adoption of the AICPA Code of Professional Conduct: A Review of Recent AICPA Disciplinary Actions." Accounting and Finance Research 9, no. 1 (January 6, 2020): 16. http://dx.doi.org/10.5430/afr.v9n1p16.
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This study reviews the AICPA disciplinary process and examines a recent sample of disciplinary actions taken against practitioners for ethics violations. Trends related to enforcement and disclosure of actions are inspected and additional details are provided based on state codes of conduct. We consider the effects of uniform statewide adoption of the AICPA Code of Professional Conduct for CPAs, as recently encouraged by the AICPA and NASBA. We find 43% of state accounting boards have formally adopted the AICPA Code of Professional Conduct, 35% have not adopted the Code and 22% have partially adopted the Code. The three states with the highest number of disciplinary actions are New York, California and Texas, none of which have adopted the Code. Of the top ten states with the greatest number of enforcement actions, only two have formally adopted the Code. The most common type of investigation in the sample is an automatic disciplinary provision by the AICPA. Dispositions for violations appear to be getting more severe, with admonishments declining and settlements, terminations and suspensions taking its place.
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Bubb, Charles. "Earthquake engineering in Australia." Bulletin of the New Zealand Society for Earthquake Engineering 32, no. 1 (March 31, 1999): 13–20. http://dx.doi.org/10.5459/bnzsee.32.1.13-20.
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Earthquake Engineering in Australia, as elsewhere, has been formatted in the aftermath of damaging earthquakes. The first Australian Code AS2121-1979 was written and published after the 1968 Meckering WA earthquake. The second AS1170.4 1993 was published after the 1989 Newcastle NSW earthquake. Good quality Building Codes are a necessary basis for sound earthquake resistant designs. Both implementation and enforcement of the codes and sound robust construction in the field are essential for the protection of life and infrastructure. Also essential is the preservation and upgrading of the earthquake database. A study to assist the safer operation of emergency services immediately following damaging earthquakes is proposed.
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Wilding, Derek. "Regulating News and Disinformation on Digital Platforms." Journal of Telecommunications and the Digital Economy 9, no. 2 (June 29, 2021): 11–46. http://dx.doi.org/10.18080/jtde.v9n2.415.
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In February 2021 two initiatives for regulating digital platforms in Australia were implemented. The News Media Bargaining Code (“News Code”) attracted international attention as a legislative means of forcing platforms to pay for news content, while the Australian Voluntary Disinformation and Misinformation Code (“Disinformation Code”) was modelled on an international initiative. Both were developed to meet Government policy formulated in response to Australia’s Digital Platforms Inquiry. Whereas the Inquiry recommended the use of co-regulation, Government policy switched to voluntary codes for both, then to a legislative scheme for the News Code. This article examines the schemes and critiques the policy on which they are based. It applies a conceptual framework to assess the optimum conditions for the use of co-regulation and self-regulation. It finds that a self-regulatory scheme of voluntary codes was never a suitable approach for the News Code, and that the close involvement of the regulator on the Disinformation Code — without a suitable remit or enforcement powers — distorts the self-regulatory model. This can in part be explained by the failure to address well-recognised flaws in the co-regulatory framework for telecommunications and broadcasting, the consequences of which are now being seen in attempts to regulate digital platforms.
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Avenarius, Horst. "German experiences with codes and their enforcement." Journal of Communication Management 11, no. 2 (May 15, 2007): 99–116. http://dx.doi.org/10.1108/13632540710747343.
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Tyc, Aneta. "Corporate codes of conduct: Are three generations sufficient to ensure the effective enforcement of labour rights?" Bratislava Law Review 2, no. 2 (December 31, 2018): 106–18. http://dx.doi.org/10.46282/blr.2018.2.2.119.
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In the 1970s, the number of reports concerning unethical or illegal activities of multinational corporations increased and led to discussions within international organisations. In 1976, the OECD was first to adopt its Guidelines for Multinational Enterprises. The ILO adopted its Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy in 1977, and UN issued the Global Compact in 2000. Subsequently, many codes of conduct have been established to provide a stable framework in which MNEs conduct their business. The purpose of this paper is to assess, through the prism of three generations of codes, if self-regulation is sufficient to ensure the effective enforcement of labour rights. I fill the gap in existing research by providing a comprehensive explanation for the shortcomings of this instrument. Research indicates that there is a lack of involvement of social partners in the decision-making process leading to the adoption of codes of conduct. Once adopted, they impose lower standards than the public regulatory frameworks. They are more selective in their choice of labour rights. There are also many difficulties in implementing, monitoring and enforcing a corporate code of conduct. These tools mainly address marketing aims and respond to the unfavourable publicity produced by the media about the inconsistency of certain corporate policies with international labour standards. I conclude by discussing how codes of conduct could be transformed to more eectively address workers’ rights.
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Kalaitzidis, S. "National reporting codes for the mineral industry: The case of JORC in Australia." Bulletin of the Geological Society of Greece 47, no. 4 (December 21, 2016): 1628. http://dx.doi.org/10.12681/bgsg.11004.
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A revised version of the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves commonly called the JORC Code was released in Australia in December 2012. This paper provides a summary of the principles that guide the Code, and the definitions therein, as well as the rationality behind adopting the Code as a Public Reporting tool. Brief examples of reporting requirements are also discussed. Additionally, references and a general comparison to the Pan-European Reserves & Resources Reporting Code (PERC standard) are presented. Although, in Greece there is no relevant Regulatory Framework in place yet or enforcement of any International Code, the adaptation of PERC is probably ahead, and hence this paper aims to open the discussion among geoscientists and mining engineers for the opportunities and the challenges that they will face.
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Jovašević, Dragan. "Execution of the death penalty pursuant to the new legislation." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 352–57. http://dx.doi.org/10.5937/gakv9910352j.
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Although death penalty was abolished by the 1992 Constitution of the Federal Republic of Yugoslavia and by the 1993 Yugoslav Criminal Code for crimes provided by federal laws, it still exists as a penalty in our criminal law system. It is provided by the constitutions and criminal codes of the republics for the most serious forms of crimes - first degree murder and aggravated robbery. This is the reason for the fact that the new 1997 Law on enforcement of criminal sentences still contains provisions on the procedure, manner and conditions for enforcement of the capital punishment. The new legislation provides different, more humane and democratic and sometimes original solutions for a number of issues and sometimes original solutions for a number of issues related to the enforcement of the capital punishment.
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Ficová, Svetlana. "Civil Litigation Procedure – a New Code of Procedure of the Slovak Republic." International and Comparative Law Review 16, no. 1 (June 1, 2016): 23–37. http://dx.doi.org/10.1515/iclr-2016-0002.
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Summary On 1 July 2016 the new codes of civil procedure will come into effect with the aim to provide for more effective, simplified and more economically efficient civil procedure, including more efficient enforcement of law in Slovakia. This article explains some of the new legal concepts that may facilitate attainment of this goal.
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Mashingaidze, Sivave. "Ethical intelligence: Espousing African Ubuntu philosophical business approach with Jewish business ethics systems as panacea for corporate failure in Africa." Corporate Ownership and Control 12, no. 1 (2014): 473–89. http://dx.doi.org/10.22495/cocv12i1c5p3.
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The objective of this article is to espouse the indispensability of Jewish ethics system with African Ubuntu Philosophy as a panacea for reduction of corporate failure in Africa. This much has been demonstrated in the article with heavy reliance on descriptive phenomenology and secondary sources of data as methodology. The article found that in all the national codes of corporate governance in Africa the need for actively managing the ethical performance of companies is not emphasized but the codes are there in their books. The article again recommends an urgent need for enforcing the Jewish ethical system and the King III code together with the implementation of laws, enforcement of sanctions and strengthening of institutions of governance on a continuous basis
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Simmons, Kevin M., Jeffrey Czajkowski, and Paul Kovacs. "Building code effectiveness grading schedule participation analysis." International Journal of Disaster Resilience in the Built Environment 12, no. 1 (July 27, 2020): 67–83. http://dx.doi.org/10.1108/ijdrbe-01-2020-0004.
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Purpose A seemingly obvious solution to improve resilience of built structures facing natural hazards is enhanced structural integrity. One program designed to achieve this is the building code effectiveness grading schedule (BCEGS) which rates communities on the strength and enforcement of local building codes. However, little is known on how well this program has fared in terms of community participation. The purpose of this study is to use the BCEGS program in Florida (a hurricane at-risk state) to provide tangible evidence of whether participatory achievement occurred and identify characteristics that predict high performance in the program. Design/methodology/approach Data is used from the Insurance Services Office, a division of Verisk Analytics to compare characteristics of communities with high levels of participation to communities with lower levels of participation. This is done using descriptive statistics and regression models. Findings Communities more likely to have high BCEGS ratings are more urban, have higher wealth and a younger, more educated population. Discussed also is the role risk exposure and public policy play in both maintaining higher ratings and overall improvement in BCEGS ratings across time. Practical implications Identifying what motivates communities to enhance their construction standards is a useful tool in attracting interest to enhance resilience. The results show that resilience can be improved by public policy initiatives and knowledge by communities of their risk profile. Originality/value BCEGS data is proprietary, so no study of this type has been conducted on what motivates communities to adopt higher standards in the strength and enforcement of local building codes.
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Jong-Seo Kim. "International Codes of Conduct for Law Enforcement Officials." Democratic Legal Studies ll, no. 66 (March 2018): 245–76. http://dx.doi.org/10.15756/dls.2018..66.245.
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Wright, Donald K. "Enforcement dilemma: Voluntary nature of public relations codes." Public Relations Review 19, no. 1 (March 1993): 13–20. http://dx.doi.org/10.1016/0363-8111(93)90026-9.
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Donabedian, Bairj. "Self-regulation and the enforcement of professional codes." Public Choice 85, no. 1-2 (October 1995): 107–18. http://dx.doi.org/10.1007/bf01047905.
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Burby, Raymond J., Steven P. French, and Arthur C. Nelson. "Plans, Code Enforcement, and Damage Reduction: Evidence from the Northridge Earthquake." Earthquake Spectra 14, no. 1 (February 1998): 59–74. http://dx.doi.org/10.1193/1.1585988.
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The State of California requires local governments to pay attention to seismic safety in formulating general plans for urban development and in permitting and inspecting new construction and remodeled existing structures. The Northridge earthquake provided an opportunity to determine whether these provisions, which have been mandatory for more than two decades, actually result in lower property damages. Using data on the number of structures damaged in the Northridge event, we show that, for suburban jurisdictions, damages were lower when local governments formulated broader goals for seismic safety, developed policies to make the public more aware of seismic risks, and expended more resources on enforcing the seismic provisions of building codes. Thus, seismic safety mandates on local governments can lead to lower property damages, and these benefits are enhanced when local governments expend more effort on their implementation.
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Cawthray, Tyler, Tim Prenzler, and Louise E. Porter. "Updating International Law Enforcement Ethics: International Codes of Conduct." Criminal Justice Ethics 32, no. 3 (December 2013): 187–209. http://dx.doi.org/10.1080/0731129x.2013.860728.
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Donabedian, Bairj. "Accounting self-regulation and the enforcement of professional codes." Journal of Accounting and Public Policy 12, no. 2 (June 1993): 87–112. http://dx.doi.org/10.1016/0278-4254(93)90007-x.
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Lexchin, Joel. "Canadian Marketing Codes: How Well are They Controlling Pharmaceutical Promotion?" International Journal of Health Services 24, no. 1 (January 1994): 91–104. http://dx.doi.org/10.2190/ekep-d9je-31a4-kte5.
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Pharmaceutical promotion in Canada is controlled by two codes: a voluntary one developed by the Pharmaceutical Advertising Advisory Board dealing mostly with printed promotional material, and one from the Pharmaceutical Manufacturers Association of Canada covering other forms of promotion. This article looks at enforcement of the provisions of these codes and at areas in which they are deficient. One of the major weaknesses in both codes is their lack of effective sanctions for companies that violate their provisions. Strong codes are necessary because many physicians rely heavily on promotional material for their source of prescribing information. However, voluntary codes or codes developed by the industry are inherently weak and lack effective enforcement mechanisms. Although the U.S. Food and Drug Administration is currently very active in curtailing promotional excesses, government control is not the solution since regulatory action will depend on the ideological position of the head of the regulatory body and/or the party in power. An independent body backed by legislative authority is preferable.
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Susilowati, Christina Maya Indah. "Sentencing of Minor Offences in Indonesia: Policy, Practice and Reform." International Journal of Criminology and Sociology 10 (April 30, 2021): 778–83. http://dx.doi.org/10.6000/1929-4409.2021.10.92.
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This paper seeks to evaluate minor offenses in the Criminal Code in Indonesia. So far, the value limit for determining minor offenses in Indonesia is increasingly irrelevant to the value of the currency due to inflation. It will cause a gap in criminal law in dealing with changes. As the result, police will do unfair and non-humanistic law implementation. The objective of this study is to identify the importance of revising the lower limit of minor offenses in the Criminal Code in Indonesia. The study used a socio-legal method on the contextualization of Indonesian Criminal Codes related to the categorization of minor offense regulation in Government Regulation No. 2 of 2012 and in Penal Code, by utilizing a humanitarian perspective in law enforcement, especially by police who still charge some minor offenses with 5 years imprisonment. The results confirmed that some changes have been made related to this matter as the Indonesian Supreme Court has made some regulations, such as No. 2 of 2012 on adjustment in minor offense law. This means that all criminals doing minor offenses cannot behold as prisoners in the investigation or prosecution process. The main contribution of this study is to construct a perspective of legal and regulatory issues to emphasize a fair of justice in dealing with minor offenses with a model of humanistic law enforcement. The result is expected to practically contribute and recommend the importance of constructing fairness of justice principle in law enforcement in particular and of revising minor offense sentencing in general.
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Tomasevicius, E. "SĄŽININGUMAS BRAZILIJOS CIVILINIAME KODEKSE: PO DEŠIMTIES METŲ." Teisė 88 (January 1, 2013): 211–21. http://dx.doi.org/10.15388/teise.2013.0.1604.
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The general clause of good faith was one of the innovations of the Brazilian Civil Code, enacted in 2002. It came into force in January 2003, in order to widespread ethics in private affairs. Indeed, good faith was applied in specific cases, such as the “theory of appearance” or the requirement of utmost good faith in insurance contracts. But in the Civil Code of 2002, heavily influenced by German, Italian and Portuguese codes, good faith is applied to provide operability, ethicity and sociality in private relations as well as in the enforcement of private law by courts. In this sense, good faith has been used to impose duties of consistency, information and cooperation between the parties of a transaction. The aim of this paper was to introduce an overview of good faith, its consecration in the Brazilian Civil Code and then to analyze its application in Brazilian Courts in the last ten years.
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Jaichuen, Nongnuch, Vuthiphan Vongmongkol, Rapeepong Suphanchaimat, Nonglapat Sasiwatpaisit, and Viroj Tangcharoensathien. "Food Marketing in Facebook to Thai Children and Youth: An Assessment of the Efficacy of Thai Regulations." International Journal of Environmental Research and Public Health 16, no. 7 (April 3, 2019): 1204. http://dx.doi.org/10.3390/ijerph16071204.
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To assess the marketing of food on Facebook in relation to Government regulations and the industry’s self-regulatory codes in Thailand, Facebook pages of 30 of the most popular food brands with young people in Thailand and consumer engagement (number of likes, shares, and comments) were recorded and had their marketing content transcribed during the month of December 2017. We coded the contents into 17 marketing techniques and conducted content analysis of these posts in relation to Government regulations and the industry’s self-regulatory codes. A total 752 posts were identified in one month. Retail food brand pages had the highest figures for engagement by Facebook viewers. The most common marketing techniques were the use of pictures (632 posts), followed by branding elements (569 posts) and hashtags (438 posts). Out of a total of 228 spot advert posts, all confectionery adverts and almost all (99.5%) soft drink adverts did not display the advertising license number and none of the confectionery adverts displayed the warning messages as required by law. Confectionery, retail food, and soft drink advertising violated the industry’s self-regulatory codes. The food brand Facebook pages in Thailand do not comply with Government regulations and the industry’s self-regulatory codes. The Government, civil society organizations, and academia should monitor these violations and improve enforcement.
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Ferrazzi, Elena, Chiara Romualdi, Michele Ocello, Giovanni Frighetto, Matteo Turco, Stefania Vigolo, Fabrizio Fabris, et al. "Changes in Accident & Emergency Visits and Return Visits in Relation to the Enforcement of Daylight Saving Time and Photoperiod." Journal of Biological Rhythms 33, no. 5 (July 30, 2018): 555–64. http://dx.doi.org/10.1177/0748730418791097.
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Daylight saving time (DST) is a source of circadian disruption impinging on millions of people every year. Our aim was to assess modifications, if any, in the number, type, and outcome of Accident & Emergency (A&E) visits/return visits over the DST months. The study included 366,527 visits and 84,380 return visits to the A&E of Padova hospital (Northern Italy) over 3 periods between the years 2007 and 2016: period 1 (2 weeks prior to DST to 19 weeks after), period 2 (2 weeks prior to the return to “winter time” to 4 weeks after), and period 3 (5 consecutive non-DST weeks). For each A&E visit/return visit, information was obtained on triage severity code, main medical complaint, and outcome. Data were aggregated by day, cumulated over the years, and analyzed by generalized Poisson models. Generalized additive models for Poisson data were then used to include photoperiod as an additional covariate. An increase in A&E visits and return visits (mostly white codes, resulting in discharges) was observed a few weeks after the enforcement of DST and was significant over most weeks of period 1 (increase of ≈30 [2.8%] visits and ≈25 [10%] return visits per week per year). After the return to winter time, a decrease in absolute number of return visits was observed (mostly white codes, resulting in discharges), which was significant at weeks 3 and 4 of period 2 (decrease of ≅25 [10%] return visits per week per year). When photoperiod was taken into account, changes in A&E visits (and related white codes/discharges) were no longer significant, while changes in return visits (and related white codes/discharges) were still significant. In conclusion, changes in A&E visits/return visits were observed in relation to both DST and photoperiod, which are worthy of further study and could lead to modifications in A&E organization/staffing.
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Molander, Earl A. "A paradigm for design, promulgation and enforcement of ethical codes." Journal of Business Ethics 6, no. 8 (November 1987): 619–31. http://dx.doi.org/10.1007/bf00705778.
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Demamu, Alemayehu Yismaw. "Towards Effective Models and Enforcement of Corporate Social Responsibility in Ethiopia." Mizan Law Review 14, no. 2 (December 31, 2020): 276–309. http://dx.doi.org/10.4314/mlr.v14i2.4.
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Corporate Social Responsibility (CSR) is a concept whereby companies regard stakeholder interests in reaching corporate decisions on voluntary basis. Even though CSR is not alien to Ethiopians who are known for their philanthropic and charitable activities, there is no law that expressly requires CSR standards and thresholds. Provisions of the 1960 Commercial Code and other domestic laws show that Ethiopian companies have the option to comply with CSR in their core business strategy and decision making. To that end, companies, have either individually or at sector level, developed model codes of conduct and guidelines including CSR projects and initiatives. However, these are inadequate and they do not guarantee effective CSR behavior among companies. There is thus the need to adequately integrate CSR practices into their core business decisions, and meet the interests and legitimate expectations of their employees, creditors, customers, local communities, and the environment. I argue that the alternatives to ensure effective CSR regulation in Ethiopia are adopting the Enlightened Shareholder Value (ESV) which recognizes a CSR framework tighter than the existing shareholder primacy model, or the Responsible Stakeholder Model (RSM) which adopts more subtle and lighter principles than stakeholder model to demand CSR compliance.
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Rodriguez Ferrere, Marcelo B. "Codes vs regulations: How best to enforce animal welfare in New Zealand?" Alternative Law Journal 43, no. 4 (October 30, 2018): 250–56. http://dx.doi.org/10.1177/1037969x18799791.
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In a suite of new regulations, New Zealand has introduced a series of infringement offences designed to better enforce animal welfare. In doing so, however, those regulations relegate existing enforcement mechanisms, including codes of welfare. This article will compare and contrast the status quo with the new system, and query whether these regulations are in fact the best way of improving animal welfare enforcement.
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Lurtz, Casey Marina. "Codifying Credit: Everyday Contracting and the Spread of the Civil Code in Nineteenth-Century Mexico." Law and History Review 39, no. 1 (February 2021): 97–133. http://dx.doi.org/10.1017/s0738248020000358.
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Between the 1870s and the 1910s, municipal court officials in southernmost Mexico recorded contracts regarding small debts and credits in what they labeled libros de conocimientos. While only very rarely citing Mexico's new civil codes of the 1870s and 1880s, the contracts contained in these registers regularly engaged with the kinds of agreements, guarantees, and enforcement mechanisms laid out in the code. They also capture an active, if still elusive, quotidian credit market for the far from well-to-do. This article uses these registers to trace the creation and evolution of Mexico's civil code from the periphery of the country rather than its center. By looking at the ways farmers, smalltime merchants, housewives, and laborers made use of its forms and norms, we can see how liberal economic policy permeated society through use. The determination of everyday people to make good on the protections and possibilities of liberalized fiscal policy cemented that policy in everyday practice.
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NAKHOVA, E. A. "ON SYSTEMATIZATION OF THE INSTITUTE OF EVIDENCE IN CIVIL PROCEDURE AND ADMINISTRATIVE PROCEEDINGS." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 135–52. http://dx.doi.org/10.24031/2226-0781-2021-11-1-135-152.
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In the article, the author also comes to the conclusion that it is necessary to systematize the rules of proof and evidence currently enshrined in the procedural codes. In the chapter of the procedural codes regulating the institution of proof and evidence, it is proposed to fix paragraphs devoted to general provisions on evidence, evidentiary activities of persons involved in the case, and means of evidence. In the general provisions, fix the basic categories: evidence, the subject of proof and the mechanism for determining it, general and specific rules for the distribution of responsibilities for proof, circumstances that are not subject to proof, etc. The evidentiary activities of the persons involved in the case should be structured according to the stages of the process (first instance, appeal), and then according to the stages of proof. The legal rules of evidence should be defined through general regulatory issues, the procedure for collecting, presenting (disclosing), research and evaluation. As independent means of proof, it is proposed to consolidate electronic evidence and establish a non-exhaustive list of means of proof. The author comes to the conclusion that the above proposals would help to optimize law enforcement in the first place, regardless of where they would be implemented by the legislator either in the existing procedural codes, or in the existing Concept and subsequently in the unified Civil Procedure Code of the Russian Federation.
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Subedi, Jishnu, Ram Mani Ghimire, Ram Prasad Neupane, and Sweta Amatya. "Cost difference of buildings in Kathmandu constructed with and without earthquake safer features." International Journal of Disaster Resilience in the Built Environment 7, no. 5 (November 14, 2016): 444–59. http://dx.doi.org/10.1108/ijdrbe-10-2014-0073.
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Purpose The purpose of this paper is to investigate increase in the cost of reinforced concrete buildings in Kathmandu valley constructed using earthquake safer features in comparison with that of buildings constructed using conventional approach without earthquake safety features. Design/methodology/approach Five buildings constructed using earthquake safer features and five buildings constructed without using these features are selected. A cost comparison of both types of buildings is done, and the total cost is also compared for structural, nonstructural and service components in the buildings. Findings The cost analysis of buildings constructed in Kathmandu valley shows that there is 10 per cent increase in cost for earthquake safer construction in comparison to construction using conventional approach. This increase in cost can be a deterrent factor for house owners to switch to safer construction practices which ultimately leads to lack of compliance from house owners. A successful implementation of building code in a country like Nepal, where most of the buildings are constructed from informal sector, requires compliance of the code from all stakeholders. Awareness raising can be a deciding factor for success in building code enforcement. Research limitations/implications The study is done for only two types of constructions prevalent in Kathmandu: one using simplified codal method and another using conventional method. Only five samples of each types are taken into consideration. The building sample, however, is typical and representative of the two types of the construction practice. Practical implications The information from this study will be useful for making policy decisions for enforcement of building codes and also for assessment of economic loss in future earthquakes. Social implications This research output will help to redesign building code enforcement projects in Nepal and other countries in the region with similar issues. Originality/value The building samples, analysis and output are original contribution of authors, and it contributes to fulfill the gap for such study.
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Gostev, A. A. "ILLEGAL LAND TRANSACTIONS IN THE MOSCOW REGION: PROBLEMS OF LEGAL PROTECTION OF LAND RELATIONS." Innovatics and Expert Examination, no. 27 (2019): 73–79. http://dx.doi.org/10.35264/1996-2274-2019-2-73-79.
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The article substantiates that crimes in the sphere of land transactions lead to violation of the legal rights and interests of owners and other owners of land, but in the practice of law enforcement agencies they are underestimated. On the basis of a specific sociological study, the determinants of registration of illegal transactions are determined; the legal regulations governing illegal transactions show the main inconsistencies of theory and practice, the contradictions of the provisions of the Civil, Land, Tax codes of the Russian Federation, as well as parts of Federal laws; the article substantiates the need to clarify the composition of Art. 170 of the criminal code; offers specific practical recommendations for optimizing the legal regulation of land relations in the Russian Federation.
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Bird, Stephanie J. "The role of professional societies: Codes of conduct and their enforcement." Science and Engineering Ethics 4, no. 3 (September 1998): 315–20. http://dx.doi.org/10.1007/s11948-998-0023-0.
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Thanh Son, Nguyen, Simon Barraclough, Martha Morrow, and Duong Quang Trung. "Controlling Infant Formula Promotion in Ho Chi Minh City, Vietnam: Barriers to Policy Implementation in the Health Sector." Australian Journal of Primary Health 6, no. 1 (2000): 27. http://dx.doi.org/10.1071/py00003.
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Despite the irrefutable evidence of the dangers of bottle feeding and international recommendations for exclusive breastfeeding of young infants, breast milk substitutes are widely used and continue to be promoted. National and international codes to restrict marketing activities of formula companies have had little effect in many countries. Breastfeeding is nearly universally practised in Vietnam, but rarely in accordance with current guidelines for optimal infant outcomes, and infant formula is easily available, especially in large cities, where socio-economic changes linked to transition to a market economy are most visible. Although Vietnam has enacted its own legally binding code, poorly paid health staff remain potential targets for companies wishing to increase sales through inducements. This paper reports findings from a study investigating adherence to the Vietnamese Code and attitudes of a range of health staff to its objectives and provisions in a sample of health facilities. An audit and semi-structured interviews were used to gather data from 22 health facilities in Ho Chi Minh City. Results suggest gifts and inducements are commonplace, awareness of the content of the Code is low, and there is considerable resistance to its provisions, based on financial considerations as well as ambivalence about the merits of breastfeeding. Further investigation to determine prevalence of violations, stricter enforcement of the existing Code, and in-service breastfeeding education are recommended to strengthen breastfeeding promotion in Vietnam.
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Ramalho, Anna. "The distinctive stance of the King Reports on corporate governance from a global perspective." Journal of Global Responsibility 11, no. 2 (December 19, 2019): 173–85. http://dx.doi.org/10.1108/jgr-10-2019-0094.
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Purpose The purpose of this paper is to provide a perspective on the distinctive stance of the King Report on Corporate Governance in South Africa, 2016 (King IV) in relation to a number of other codes of corporate governance issued globally. Design/methodology/approach The paper presents a comparative analysis between King IV and the codes of governance that apply in a select number of the jurisdictions, namely, Australia, Brazil, Malaysia, Nigeria and the UK. The selection of jurisdictions was done with the view of having a sample that is representative of the major global regions. Preference was given to codes that were issued or revised recently. Mention is also made of the G20/OECD Principles of Corporate Governance where appropriate. Findings The conclusion reached in this paper is that King IV is distinctive from the codes compared to it in this paper in six respects. These include that King IV defines corporate governance as accountable leadership instead of it being a system only and is drafted for positive outcomes instead of compliance; proposes an application regime that is qualitative instead of quantitative; integrates sustainable development into its model for corporate governance instead of treating sustainability as an ad hoc-matter; has applicability across the ecosystem of all organisations instead of limited application to listed or larger companies; and has a has built in a social value system to harness broad public support instead of reliance on bottom-down enforcement. Originality/value The implications of the distinct approach to corporate governance in King IV are explained in the paper and should serve as a premise to reconsider whether the more traditional approaches to corporate governance code development are still appropriate in light of the learning as evidenced in King IV.
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Selin, Adrian A., and Ilona V. Iablokova. "Courts and Court Hierarchy in Novgorod the Great in the Late 16–Early 17th Centuries." Canadian-American Slavic Studies 54, no. 4 (November 10, 2020): 432–45. http://dx.doi.org/10.30965/22102396-05404004.
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Abstract Daily legal practice in local centers of Muscovite Rus’ before the publication of the Law Code of 1649 (Sobornoe Ulozhenie) has been poorly studied. This article uses comparative analysis to study two groups of sources about the legal process and law enforcement in Novgorod the Great in the late 16th–early 17th centuries. The analysis illuminates a complicated hierarchy of legal levels. At the same time, the competences of the courts at each level were not always clearly defined, which corresponds to the ideas formulated by N.S. Kollmann in her study on crime and punishment in Muscovy. In the late 16th–early 17th centuries, the Novgorod Court Chancellery was a middle level of the judicial system. The highest instance was the court in Moscow, which passed judgment on behalf of the tsar and was provided by central chancelleries in the Kremlin. During the Time of Troubles, the hierarchy became simpler: the communication with Moscow disappeared and only two levels prevailed in Novgorod. The city administrator’s court (voevoda) dealt with political crimes and landowners’ disputes, while the City Court and other lower level courts dealt with civil and petty criminal cases. The courts were ruled by both codes and customary law: the existing law codes (Sudebniki) did not cover all the diversity of legal cases.
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Pramono, Agus. "ETIKA PROFESI ADVOKAT SEBAGAI UPAYA PENGAWASAN DALAM MENJALANKAN FUNGSI ADVOKAT SEBAGAI PENEGAK HUKUM." DiH: Jurnal Ilmu Hukum 12, no. 24 (August 1, 2016): 136–48. http://dx.doi.org/10.30996/dih.v12i24.2242.
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Indonesia as a state of law based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 guarantees equality for all before the law (equality before the law). In realizing the principles of law in the society and state, the role and function of Advocate as a profession that is free, independent and responsible is important, in addition to the judiciary and law enforcement agencies such as the police and prosecution. The problems in this dissertation are: (1) What are the basic ratiologic advocate violation of professional ethics Advocate? and (2) How does the concept of behavioral guidelines advocate in practicing a profession as legal counsel in an effort to control the Advocate in law enforcement? The method used is normative research enables researchers to utilize the findings of empirical legal science and other sciences for the benefit and the analysis and explanation of law without changing the character of law as a normative science. The method used in this research is the approach of legislation or statute approach, arguing that research must necessarily normative approach legislation, because examined are various rules of law as well as its central theme a focus of research. The results of basic research advocate consideration as a respectable profession and became an important part of chess dynasty law enforcement, Advocate has responsibility in undertaking to participate in the realization of the rule of law. The responsibility is not merely a necessity but a legally mandated obligations arising from the demands of conscience. The obligations of an advocate is reflected in the ability of responsible advocate against God, professional code of ethics, rules of law and society. Ultimately lawyer also required to be able to account for his actions to the public as an implementation of a sense of responsibility to God, codes and regulations. The concept of behavioral guidelines advocate in practicing a profession as a lawyer as Advocate control efforts in law enforcement by law or code of ethics which is already adequate, but rather on how to implement them. Relating to the existence of a single container and how to manage the Honorary Council (DK) Organization. Monitoring system needs to be upgraded with the supervision of the Advocate smoothed by the Advocate Organization with the Honorary Council to enforce the Law on Advocates and the Code of Conduct.
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Dixon, Olivia. "‘Pretaliatory’ Enforcement Action for Chilling Whistleblowing through Corporate Agreements: Lessons from North America." Federal Law Review 46, no. 3 (September 2018): 427–53. http://dx.doi.org/10.1177/0067205x1804600304.
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Studies have shown that potential whistleblowers are reluctant to report misconduct because they fear retaliation. In Australia, fear of retaliation is exacerbated for private-sector employees where the lack of prescriptive legislation aggravates vulnerability in all but exceptional circumstances. Through examining the codes of conduct of Australia's 100 largest listed companies (‘Codes’) this article argues that while Codes have the potential to provide an important regulatory function through facilitating whistleblowing, the breadth of confidentiality undertakings contained therein may instead be chilling potential whistleblowers from speaking up. While companies have legitimate interests in protecting confidential information, it is well-established that employees may disclose their employer's unlawful conduct to the government, even if such disclosure is in violation of the company's confidentiality policy. To affirm this right, in the United States (US), federal regulators have recently taken ‘pretaliatory’ enforcement action against companies for requiring employees to execute confidentiality agreements that stifle the reporting of possible violations of federal laws. Such regulation by enforcement has successfully effected cultural change through facilitating widespread amendments to US corporate confidentiality agreements. Accordingly, this article argues that any future Australian legislation should include an ‘anti-confidentiality provision’ similar to the US and Canadian frameworks to affirm an employee's right to communicate with a regulator directly, despite any purported agreement or corporate policy to the contrary.
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Pokrivčák, J. "Agricultural credits and contracts." Agricultural Economics (Zemědělská ekonomika) 48, No. 5 (February 29, 2012): 215–18. http://dx.doi.org/10.17221/5305-agricecon.
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The paper considers contracting problems of the transitional period agriculture. The slow and inexperienced legal system makes third party contract enforcement non-viable. Market enforcement of contract is imperfect due to incompleteness of contracts and underdevelopment of informal features (institutions) of the society, such as codes of behaviour, low importance of goodwill, low adherence to ethical norms, inexperience with conflicts solving in market economy. The survey data related to contracting in transitional agriculture are presented.
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Navickienė, Žaneta, Vaidotas Žilys, and Gintautas Danišauskas. "FORMATION OF VALUES IN ACTIVITIES OF THE FUTURE LAWYERS AND LAW ENFORCEMENT OFFICERS: HOW TO LEARN ETHICS WHILE STUDYING." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 1 (May 21, 2019): 386. http://dx.doi.org/10.17770/sie2019vol1.3753.
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This article presents the relevance of values and steps for the formation of ethical principles for the future legal profession. The aim is focused on analysis of formation process of values for a lawyer and police by analyzing law and police study programs. The assessment scale of the public confidence in different law enforcement institutions (courts, the prosecutor's office, police, lawyers) shows that the society is watchful, indifferent and active evaluating the quality of law enforcement institutions as well as behavior of the officials. It means conceptual and consistent formation of values would ensure the efficiency of practical ethical model. Nine law and police study programs of higher schools in Lithuanian and four codes of professional ethics of law enforcement institutions were examined during the research. Also four lecturers were interviewed. The results of the research showed that in Lithuania the provisions of ethics are not taught in all higher schools preparing future lawyers and police officers. The provisions of professional ethics in different areas of lawyer's and police activities are clearly defined in codes of professional ethics as well as in recommendations applying these ethical provisions. However the pragmatic application of ethical provisions would be strengthened studying particular disciplines.
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Cochran, John K., Christopher J. Marier, Wesley G. Jennings, M. Dwayne Smith, Beth Bjerregaard, and Sondra J. Fogel. "Rape, Race, and Capital Punishment: An Enduring Cultural Legacy of Lethal Vengeance?" Race and Justice 9, no. 4 (April 27, 2017): 383–406. http://dx.doi.org/10.1177/2153368717702700.
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Historical analyses of southern statutes (i.e., Slave Codes, Black Codes, “Jim Crow,” etc.) and their enforcement reveals evidence of an enduring cultural legacy prescribing lethal vengeance to Blacks who violate White sensibilities, especially for Black males accused of sexually assaulting White females. Using a population of official data on capital murder trials in North Carolina (1977–2009), this study examines the degree to which this cultural legacy endures to the present by examining the joint effects of offender’s race and rape/sexual assault on the capital sentencing outcomes of capital murder trial involving White female victims. Our findings reveal support for the continuing endurance of this cultural legacy of lethal vengeance.
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Saatcioglu, Murat. "SEISMIC RETROFIT OF NONDUCTILE REINFORCED CONCRETE FRAME AND MASONRY BUILDINGS." NED University Journal of Research 2, Special Issue on First SACEE'19 (June 15, 2019): 143–64. http://dx.doi.org/10.35453/nedjr-stmech-2019-0009.
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A large proportion of existing building and bridge infrastructure across the world consists of seismically deficient non-ductile structural systems. Performance of structures during recent earthquakes have demonstrated seismic vulnerability of these systems, the majority of which were designed prior to the enactment of modern seismic codes, though some were designed more recently in areas where code enforcement provides challenges. These structures constitute considerable seismic risk, especially in large metropolitan centres. Because it is economically not feasible to replace a large segment of seismically deficient infrastructure with new and improved systems, retrofitting existing structures remains to be a viable seismic risk mitigation strategy. The objective of this paper is to highlight seismic retrofit strategies for deficient building and bridge infrastructures, with emphasis on experimental and analytical research conducted at the University of Ottawa. The retrofit strategies consist of structural upgrades at the system level, as well as at the element level. Non-ductile reinforced concrete frame retrofits, in the form of lateral bracing techniques, and concrete column and masonry wall retrofit methodologies are discussed. The use of innovative materials and techniques are presented.
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Myers, Garth Andrew. "Sticks and stones: colonialism and Zanzibari housing." Africa 67, no. 2 (April 1997): 252–72. http://dx.doi.org/10.2307/1161444.
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AbstractIt has become commonplace for scholars to speak of cities, especially colonial cities, as texts in which power relations are embedded. This article presents the findings of six years' research, including archival research, interviewing and fieldwork on the planning and development of Zanzibar. I concentrate on house-building and domestic environments in the city's historic African neighbourhoods, known as Ngʼambo, or the ‘Other Side’. Struggles for cultural hegemony are evident in struggles over Zanzibar's built environment during the twentieth century. The focus is on how the legal language defining house types and establishing building codes, developed under colonialism, became a tactical instrument of the powerful in asserting spatial dominance. Yet the enforcement of the building code often showed the limits of colonial and local elite attempts at hegemony, especially at the end of the colonial era. Throughout the century, the words for African traditional housing and neighbourhood types in Zanzibar have betrayed the disdain with which the powerful have viewed them. There is, however, an order and plan to the ‘unplanned building’ which still dominates the city.
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Derkacheva, Tatyana. "The Topical Issues of Coding the Regional Social Security Legislation (On the Example of the Volgograd Region)." Legal Concept, no. 3 (October 2019): 90–96. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.13.
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Introduction: social security is one of the most important elements of the social policy of the state. Many legal acts are adopted in the social security field. In order to ensure the uniform understanding and interpretation of the content of the normative legal acts in the social security field, their systematization as well as the practical application in the law enforcement process the regional legislators have codified the social security legislation in a number of subjects of the Russian Federation. Using the methods of scientific knowledge, especially the method of system analysis, it is found that the complexity of the problem involves the use of both the law-making and law-realization directions and forms of the legal adaptation of the current legislation of the state. The aim of the study is to conduct a comparative analysis of the social codes adopted in the subjects of the Russian Federation, to identify common approaches in the implementation of the law-making activities for the codification of the social security legislation. The system analysis of the law-making process on the codification of the social security legislation in the subjects of the Russian Federation allowed establishing that the adopted codes had significant differences in structure and content. However, having quite significant differences, the codes have a common property – each of them has one common characteristic – a special part of all adopted social codes is built on a categorical principle. Results: on the basis of the analysis some problems of the law-making activity of the regional legislators on the codification of the social legislation are revealed. Conclusions: 1) it is necessary to adopt a number of federal laws: a codified federal law defining the goals and objectives of the social legislation of the Russian Federation and the subjects of the Russian Federation, the federal law on the sources of law, on the delimitation of powers in law-making between the Russian Federation and its subjects; 2) to establish common principles for the country’s implementation of social security; 3) to develop a single conceptual framework that provides a single legal regime for regulating relations in the social security sphere; 4) to develop a model regional social code as a model for the regional legislators.
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Putra, Teddy. "ANALISA YURIDIS PENYIMPANGAN PENEGAKAN HUKUM PADA KONFLIK LAHAN DI PROVINSI JAWA TIMUR." Arena Hukum 14, no. 1 (April 30, 2021): 42–66. http://dx.doi.org/10.21776/ub.arenahukum.2021.01401.3.
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Abstract This paper examines the deviations of law enforcement in land conflicts in East Java based on the decision of the Supreme Court of the Republic of Indonesia No.38/Pra.Pe /2015.PN.Sby (case of Notary Nora Maria Lidwina, SH). This empirical or socio legal research uses a case study approach. The results show that irregularities in law enforcement in land conflicts by public service providers and law enforcement officials are generally based on corrupt behavior and violations of ethical codes, such as abuse of power, maladministration, case brokers, accepting bribes from certain parties, violence, intervening in cases, and other human rights violations. Mitigation efforts are improving the law enforcement officers isntitutions; improving the judicial administration and justice management systems; imposing strict sanctions; conducting supervision; conducting a transparent service and treatment; socializing anti-corruption movement; and creating an anti-corruption culture and excellent public services.
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Gałędek, Michał, Anna Klimaszewska, and Piotr Z. Pomianowski. "Projekt zmiany procedury cywilnej w pracach Komitetu Cywilnego Reformy (1814–1815). Edycja źródłowa – część I (postępowanie zasadnicze)." Krakowskie Studia z Historii Państwa i Prawa 14, no. 1 (2021): 83–115. http://dx.doi.org/10.4467/20844131ks.21.005.13272.
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A Project of Changes to Civil Procedure in the Works of the Civil Reform Committee (1814–1815). A Source Edition – Part 1 (Trial) The present source publication is the fifth in a series encompassing the most important documents related to preparations for the replacement of French codes with national codification written by the Civil Reform Committee which worked between 1814 and 1815. Herein are contained the minutes of the sessions held by the Committee which concern a key debate among its members who argued as to whether to derogate the French Code of Civil Procedure in its entirety or only in fragments which were considered to be the most burdensome in Polish realities. Moreover, the publication also includes the first part of “The project of the civil judicial procedure in first instance”(primary procedure) presented by Franciszek Grabowski, a preeminent traditionalist in the Committee, along with fragments of the minutes reporting the course of the discussion concerning the project. Together with the second part of the proposition submitted by Grabowski encompassing enforcement proceedings, a counterproject of the code of civil procedure by progressive judge Antoni Bieńkowski, as well as a debate over these two proposals, which are to be published in the next issues of “Krakowskie Studia z Historii Państwa i Prawa”, the materials presented below portray the crux of the debate held over the Code de procedure civile of 1806, which aroused much controversy, and which was in fact the most criticized part of the French legislation in force in Polish territories.