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1
Hofer, Alexandra. "The Proportionality of Unilateral “Targeted” Sanctions: Whose Interests Should Count?" Nordic Journal of International Law 89, no. 3-4 (2020): 399–421. http://dx.doi.org/10.1163/15718107-89030008.
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Abstract Comprehensive sanctions were considered to be disproportionate in their collateral effects for the harm caused to the populations of sanctioned States. With the emergence of the concept of targeted sanctions, questions regarding proportionality were expected to fade away. After all, targeted sanctions were supposed to be inherently proportional precisely because they were targeted. Nevertheless, the use of selective embargoes, also known as sectoral sanctions, continues to give rise to issues of proportionality. One of the lacunas of the current system is there is no uniform proportionality standard that applies to unilateral sanctions as these measures fall with different types of legal regimes, each with their own proportionality standard. Drawing from recent State practice and the existing legal standards, the present contribution maps the respective interests that should inform proportionality discussions in distinct sanctions regimes and explores to what extent the proportionality principle can account for each of these interests.
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Vasilyev, I. A. "The principle of proportionality and strict liability of football clubs for the behavior of spectators at UEFA competitions." Law Enforcement Review 5, no. 3 (2021): 232–48. http://dx.doi.org/10.52468/2542-1514.2021.5(3).232-248.
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The subject. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality means that the sanction corresponds to the offense and it has two dimensions. Firstly, the more serious the offense is the higher the sanction should be. Secondly, proportionality protects sport from unreasonably low sanctions while the violation is serious.The purpose of the study is the content of the principle of proportionality: the use of related principles of sports jurisprudence, exceptional circumstances (mitigating and aggravating) in the practice of applying clubs` strict liability for spectators` behavior in UEFA competitions over the period 2007-2021. Liability without fault increases the value of investigating the factual circumstances of a dispute. The broad discretion of the bodies raises the question of the validity of the choice of aggravating circumstances or the refusal of mitigating circumstances. Therefore, the jurisdictional authority in each specific dispute must search for exceptional circumstances thereby fulfilling the principle of proportionality. The second important nuance of strict liability in the UEFA regulations is the difference in the interconnection between violations and sanctions. In some articles, the sanction is predetermined. It is possible to reduce such a sanction only in the presence of an exceptional circumstance and to increase it in the presence of an aggravating circumstance. Separately considered, in conjunction with the principle of proportionality, other principles: principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis).Methodology. The methodological basis of the stated research involves the generalization and analysis of the practice of two institutions of sports jurisprudence. Firstly, the jurisdictional bodies of UEFA are publicly available, as well as available to the author, but currently not available for free download on the UEFA website. Secondly, the relevant decisions of the Court of Arbitration for Sport are in the public domain. Turning to the approaches of law enforcement officers regarding the content of the principle of proportionality meant comparing positions that did not differ in inconsistency. As a result of the analysis of the practice were systematized and identified typical exceptional circumstances, unique exceptional circumstances, and specific enforcement of the principle of proportionality.The main results of research and the field of their application. The article examined the normative limits of sanctions in the UEFA Disciplinary Regulations; exceptional circumstances affecting the choice of sanction; search by the law enforcement officer of the content of exceptional circumstances; principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis) in connection with the verification of sanctions for proportionality. Compliance with the principle of proportionality, in this case, should protect the club from an unreasonably harsh and grossly disproportional sanction. Therefore, it is important to analyze the factual circumstances: which of them are mitigating and which are aggravating. In other categories of offenses, the sanction remains at the discretion of the jurisdictional authority. In such violations, the principle of proportionality takes on a special value. The more flexibility in the choice of sanction is, the higher is the risk of abuse by the jurisdictional bodes. UEFA`s enforcement practice is seeking exceptional circumstances that are not consistent enough to be predictable. Some consistency exists only concerning aggravating circumstances. There is an unreasonably strict approach to mitigating circumstances. The practice of CAS does not differ from the practice of UEFA in terms of strict liability compositions. The principle of proportionality in sports jurisprudence can be interconnected with other legal concepts. Such concepts are equal treatment, predictability, and so-called stare decisis.Conclusions. For the slightly undisputed observance of the principle of proportionality, several requirements must be fulfilled. First, analyze the factual circumstances to find exceptional circumstances among them. Secondly, always choose the minimum sanction in the absence of aggravating circumstances, since strict liability is a forced legal institution. Thirdly, indicate in the decisions what circumstances are mitigating, what aggravating circumstances have been established, and how they both affect the choice of a sanction. Fourth, use the previous decisions of the UEFA`s jurisdictional bodies and CAS of the strict liability offenses when the actual circumstances are close.
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Blankenagel, Alexander. "Smart Sanctions gegen russische Oligarchen – weder smart noch rechtmäßig!" Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 85, no. 1 (2025): 257–90. https://doi.org/10.17104/0044-2348-2025-1-257.
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In reaction to the war against Ukraine, the EU has imposed severe sanctions on Russian business elites on the basis of Art. 215, 2nd para. Treaty on the Functioning of the European Union (TFEU), including the freezing of their property. As the article argues, the legality of sanctions against business elites not close to the political system and not supporting the war is doubtful. Art. 215, 2nd para. TFEU only allows to sanction natural persons who somehow have made a causal contribution to the violation of international law. What is more, Council Decision 2014/145 of March 17th 2014, as interpreted by the European General Court, restricts the basic right of property of the sanctioned business elites in a manifestly inappropriate way and therefore violates the principle of proportionality, Art. 52 Charter of Fundamental Rights of the European Union (EUCharFR). The sanctions are furthermore an objectification of the sanctioned persons and therefore a violation of Art. 1 EUCharFR, dignity of man: They oblige the addressees to endanger themselves and attain something impossible.
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Anisatul Azizah, Nita. "Proporsionalitas Penetapan Ancaman Sanksi Pidana Dalam Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga." Jurnal Lex Renaissance 8, no. 1 (2023): 113–28. http://dx.doi.org/10.20885/jlr.vol8.iss1.art7.
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Proportionality in the criminal sanctions formulation policy in this research is the criminal sanctions for perpetrators of criminal acts of violence against women which need to receive full attention from legislators in determining criminal sanctions policies. This is due to preventing violations of individual rights and as a barrier for legislators in imposing criminal sanctions for offenses. The focus of the problem in this research is the practice of developing violence against women in the family sphere during the Covid-19 pandemic and an analysis of the proportionality of determining the threat of criminal sanctions in Law no. 23 of 2004 on the Elimination of Domestic Violence. The type of research used is normative legal research. The approach used is conceptual and statutory. The research results showed that the level of violence in the domestic realm tends to be higher than in the public realm, as in 2021 the domestic realm experienced an increase of 4% compared to 2020. In 2020 violence against women was around 75%, while in 2021 it rose to 79% or 6,480 cases. The results of the proportionality analysis of criminal sanctions in the law are based on the principle of parity contained in ordinal proportionality, namely that a person is punished or sentenced in proportion to the level of seriousness of the crime or violation, reflecting the existence of parity, rank ordering, spacing of penalties from Articles 44 to 49.
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Majka, Paweł. "Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations." Studia Iuridica Lublinensia 29, no. 4 (2020): 189. http://dx.doi.org/10.17951/sil.2020.29.4.189-207.
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<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>
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Pazos, Ricardo. "Responsibility of Targeted Actors in the Context of Restrictive Measures: The Case of Belaeronavigatsia." Air and Space Law 48, Issue 3 (2023): 363–74. http://dx.doi.org/10.54648/aila2023046.
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In the context of the Common Foreign and Security Policy (CFSP), the European Union may adopt restrictive measures, also known as sanctions, against natural or legal persons and groups or non-state entities. Such measures are one instrument – among many others – to achieve certain policy goals, including the protection of the Union’s values and the advancement of fundamental rights, democracy, and the rule of law. There are sanctions of different kinds to coerce, constrain, or signal a targeted actor, and they are chosen and combined with a view to implement the most effective strategy. Belaeronavigatsia, a state-owned enterprise engaged in regulating airspace and providing air traffic assistance in Belarus, was deemed responsible for the repression of civil society and democratic opposition following its involvement in a flight diversion that ultimately led to the arrest of an opposition journalist and his companion. As a consequence, the Council froze its assets, a decision the enterprise contested by arguing that it could not be held ‘responsible’ for the referred act, and that the sanction was not in accordance with the principle of proportionality. The judgment in the case Belaeronavigatsia v. Council offers an overview of the main features of restrictive measures, reminds the interpretative criteria for undefined notions in Council’s decisions and then clarifies the terms ‘responsible for the repression’ with a special focus on the element of causation, and assesses the principle of proportionality in an area influenced by political, economic, and social motivations, such as the CFSP. CFSP, restrictive measures, sanctions, freezing of funds, responsibility, causation, proportionality
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Rolim, João Dácio. "Proportionality and Fair Taxation." Intertax 43, Issue 5 (2015): 405–9. http://dx.doi.org/10.54648/taxi2015035.
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This article is a summary of the findings of the book Proportionality and Fair Taxation published by Kluwer International in 2014, in which the author investigated the role of proportionality principle coupled with the standard of reasonableness in assessing specific tax issues and the overall fairness of particular taxes and tax systems. Among those issues, the author points out equality and non-discrimination, retrospective taxation, tax penalties and sanctions, specific and general anti-avoidance rules, as well as the application of proportionality in tandem with reasonableness to Double Tax Conventions, human rights, and tax related rules of international trade.
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von Hirsch, Andrew. "The Ethics of Community-Based Sanctions." Crime & Delinquency 36, no. 1 (1990): 162–73. http://dx.doi.org/10.1177/0011128790036001011.
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The reviving interest in noncustodial penalties makes it urgent to explore the ethical limits on their use. This article explores three kinds of limits: proportionality (desert) constraints, restrictions against humiliating or degrading punishments, and concerns about intrusion into the rights of third parties. In connection with the second of these limits, the concept of “acceptable penal content” is developed.
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Dam-de Jong, Daniëlla. "Who Is Targeted by the Council’s Sanctions? The UN Security Council and the Principle of Proportionality." Nordic Journal of International Law 89, no. 3-4 (2020): 383–98. http://dx.doi.org/10.1163/15718107-89030007.
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Abstract The current article aims to assess proportionality within the context of the Security Council’s practice, focusing specifically on how the Council balances various interests in the design of sanctions regimes adopted pursuant to Article 41 of the UN Charter. It argues that proportionality in this context plays a role in the Security Council’s targeting decisions on the one hand and in the determination of whose interests are affected by the sanctions on the other. This implies that the Security Council should distinguish, first, between those who should be subjected to sanctions (the targets) and those would should be shielded (third parties) and, second, that it carefully delineates the targets of the sanctions. This article assesses this balancing exercise within the context of the Council’s measures to curb the illegal exploitation of natural resources financing armed conflict on the one hand and with respect to countering the proliferation of nuclear weapons on the other.
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Minnikes, Ilia, and Irina Minnikes. "Protection of Citizens' Electoral Rights: The Problem of the Proportionality of Criminal Sanctions." Russian Journal of Criminology 17, no. 6 (2023): 543–56. http://dx.doi.org/10.17150/2500-4255.2023.17(6).543-556.
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This article is a criminal law axiological study of the protection of electoral rights of citizens of the Russian Federation in modern conditions. The object and subject of research were determined on the basis of the analysis of current Russian legislation. The immediate object of the study are the Articles of the Criminal Code of the Russian Federation determining liability for obstructing the exercise of electoral rights or the work of electoral commissions; for violating the procedure of financing a candidate’s electoral campaign, electoral union, work of an initiative group conducting a referendum, or another group of referendum participants; for falsifying electoral documentation, documentation of a referendum, documentation of an All-Russian vote; for falsifying the vote’s results; for unlawful provision and obtaining of an electoral bulletin, bulletin for voting at a referendum, bulletin for an All-Russian vote. The main methodological instrument of the study is the «protection index» introduced into scientific discourse by representatives of the Ural Law School. In recent years the «protection index» has become widespread both in the general theory of law and in different branches of law, including criminal law. The use of this index lies behind an attempt to show the proportionality of sanctions for crimes against the electoral rights of citizens. The current article determines the methodology of the study, its goals and tasks. The authors suggest supplementing the existing methods with a new electoral protection index, which will allow them to better present the specific features of the subject under research. The diversity of criminal law sanctions for electoral crimes makes the research objectives considerably harder to achieve, but, at the same time, renders them more relevant and valuable from the practical viewpoint because the proportionality of sanctions is a problem not only of the theory of criminal law, but also the practice of determining punishments in criminal cases. Besides, the criminal law norm sanction is viewed not only as an element of the law norm, but also as a part of the criminal law regulation mechanism. The suggested method makes it possible to illustrate the proportionality of the sanctions for electoral crimes in criminal law norms and to formulate suggestions on improving the current legislation.
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Pavillon, Charlotte. "Private Enforcement as a Deterrence Tool: A Blind Spot in the Omnibus-Directive." European Review of Private Law 27, Issue 6 (2019): 1297–328. http://dx.doi.org/10.54648/erpl2019072.
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The Directive on better enforcement and modernization of EU consumer protection rules or Omnibus-directive does not acknowledge the deterrence function of private enforcement of EU consumer law. The article demonstrates that the balancing of the principles of effectiveness, proportionality and dissuasiveness requires more attention when it comes to ‘civil remedies’. Indeed, the Court of Justice of the European Union (CJEU) has in recent years put a clear emphasis on the deterrence function of the nonbinding effect of unfair contract terms, a civil sanction imposed by civil courts. These courts, however, are struggling with the implications of this function. They are actively searching for direction by referring new preliminary questions to the CJEU. Empirical research conducted in the Netherlands shows that Dutch district courts largely recognize their role as enforcer of EU consumer law. It also reveals that these courts consider the proportionality and the dissuasiveness of the sanction to be at odds when the gap left after the removal of an unfair contract term is not filled with national law. European consumer law, sanctions, civil law, unfair contract terms, civil courts
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Hildebrandt, Julia. "Article: Collateral Damage Through Sanctions: The Role of ISDS for Third Party Investors Impacted by EU Sanctions Against Russia." European Investment Law and Arbitration Review 9, Issue 1 (2024): 123–40. http://dx.doi.org/10.54648/eila2024028.
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The EU is considered the most active international organization in terms of sanctions. Since the start of the Russian aggression against Ukraine in 2014 alone, the EU has enacted twelve sanction packages targeting the economies of Russia and Belarus in specific sectors and established a list of over 1900 (As of January 2024, see https://eu-solidarity-ukraine.ec.europa.eu/eu-sanctions-against-russia-following-invasion-ukraine/sanctions-against-individuals-compa nies-and-organisations_en.) individuals and companies subject to assets freezes and travel bans. While those sanctions are targeted and specific, they nevertheless have an effect outside of Russia, due to their vast impact on important economic sectors, import and export and commodity pricing. To put it bluntly, it is virtually impossible to prevent a spillover effect beyond the Russian borders in times of a globalized, interconnected economic reality. The current sanction regime is not only widely impactful, but also a legal curiosity. EU sanctions are not ordinary countermeasures under public international law. They are coordinated acts by a group of States replying to the unlawful conduct of another State against a third. There is no connection strictu sensu between the EU and Russia’s aggression against Ukraine. These two particularities – the wide and partially unwanted effects of EU sanctions and their legal uncertainties – give rise to the question: Is there a way to check, balance and mitigate the impact of EU sanctions for those who find themselves to be ‘collateral damage’ thereof? This article argues that investment arbitration can answer this question in the positive. For this purpose, the article will first examine the effects of EU sanctions on non- Russian investors. Consequently, it will analyze the legal nature of EU sanctions under public international law, before turning to the role of investment arbitration and specifically the principle of proportionality to show how investment arbitration may mitigate unwanted results of EU sanctions without diminishing the desired effects of the regime.
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Rodrigues, Anabela Miranda. "Fundamental rights and punishment: Is there an EU perspective?" New Journal of European Criminal Law 10, no. 1 (2019): 17–27. http://dx.doi.org/10.1177/2032284419837377.
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Taking fundamental rights into account means a limitation of repression, as an instance of the principle of proportionality or principle of necessity, of criminal intervention. The need to design European Union (EU) criminal law in compliance with the principle of proportionality is especially clear in the post-Lisbon stage, in view of the strengthening and expansion of the EU’s competence to legislate on criminal matters, enshrined in Article 83 of the Treaty on the Functioning of the EU. This article aims at analysing the terms in which European criminal law respects the aforementioned principle of proportionality of punishment and translates an EU perspective in the field of criminal sanctions.
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Shumeiko, Ivan, Iryna Svitlyshyna, and Olga Sokolenko. "PRINCIPLES OF APPLICATION OF FINANCIAL ADMINISTRATIVE SANCTIONS IN THE LEGAL DOCTRINE OF UKRAINE AND THE WORLD." Baltic Journal of Economic Studies 10, no. 5 (2024): 374–82. https://doi.org/10.30525/2256-0742/2024-10-5-374-382.
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The focus of states on administrative sanctions has increased, with these sanctions being considered a higher priority than criminal sanctions in terms of combating offences. The application of such sanctions is relatively straightforward and expeditious. Furthermore, financial sanctions serve to replenish state budgets. Nevertheless, the administrative nature of such sanctions carries with it the risk of violating the fundamental rights of the individual who is the weaker party in these legal relations, given that the body that brings charges and the body that imposes the penalty usually coincide. The crux of the issue pertains to the necessity of adhering to the three principles of prohibition of double responsibility, presumption of innocence and proportionality. However, divergent schools of thought have divergent perceptions of the content of these principles and the extent of their application in the area of administrative sanctions. The purpose of this article is to ascertain the main principles of financial administrative sanctions as recognised by scholars in Ukraine and other countries worldwide. The article presents a comparative analysis of publications by Ukrainian and foreign scholars on three fundamental principles of legal liability in the context of financial administrative sanctions. The article also contains the author's point of view on the application and content of these principles. The authors define the term "administrative sanction" and describe the existence of this legal phenomenon in the legal system of Ukraine, as well as characterise related legal phenomena. The research is grounded in the study and comparison of doctrinal sources. The article is of a theoretical nature. The conclusions drawn can inform the processes of lawmaking and law enforcement, in addition to further scientific research.
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Marique, Enguerrand, and Yseult Marique. "Sanctions on digital platforms: Balancing proportionality in a modern public square." Computer Law & Security Review 36 (April 2020): 105372. http://dx.doi.org/10.1016/j.clsr.2019.105372.
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Bernardini, Lorenzo. "Criminalising the Violation of EU Restrictive Measures: Towards (Dis)Proportionate Punishments vis-à-vis Natural Persons?" European Criminal Law Review 14, no. 1 (2024): 4–26. http://dx.doi.org/10.5771/2193-5505-2024-1-4.
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This paper aims at providing a critical perspective on the European Union’s adoption of criminal law as a key mechanism for enforcing sanctions against Russia and Belarus following the 2022 invasion of Ukraine. It scrutinizes the evolution and expansion of the EU’s sanctions regime, revealing a strategic shift towards a criminal law-based enforcement approach. With an emphasis on the EU’s legal framework, this contribution highlights the diverse national responses to breaches of these sanctions, ranging from administrative to criminal penalties. The lack of uniformity in these responses has sparked a significant EU initiative to criminalise sanction breaches, leading to a proposal for harmonizing criminal definitions and penalties across Member States. This initiative, while aiming to streamline enforcement and eliminate impunity, raises questions about the proportionality and appropriateness of using criminal law in this context. This paper delves into these concerns using the principle of proportionality of penalties enshrined in Article 49(3) of the Charter of Fundamental Rights of the European Union as a benchmark. It critically analyses the proposed criminal penalties, questioning their alignment with the severity of the offences and the rationale behind categorising offence as either minor or serious. Besides, the examination extends to the impact of monetary thresholds on determining the gravity of offences, the cumulative effect of linked offences, and the potential risks of overcriminalisation. Finally, it offers insights into the latest developments in the legislative process, discussing the European Parliament and Council’s stance on the proposal. The paper concludes by advocating for further refinements to ensure that the criminalisation of violation or circumvention of restrictive measures remains proportional and effective, ultimately upholding the EU’s commitment to justice and accountability in the face of international crises.
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Jayakody, Nadeshda. "Refining United Nations Security Council Targeted Sanctions." Security and Human Rights 29, no. 1-4 (2018): 90–119. http://dx.doi.org/10.1163/18750230-02901003.
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The United Nations Security Council’s targeted sanctions seek to protect global peace and security. The majority of these sanctions are imposed on individuals deemed to be a terror threat and include measures such as asset freezes and travel bans. These measures can impede, inter alia, the right to private life and freedom of movement of targeted individuals. While it is accepted that certain rights can be restricted for the protection of public security, restrictions must be proportional under international human rights law. Given that UN sanctions regimes have come under scrutiny in recent years for their lack of procedural safeguards and disproportionate restrictions on fundamental rights, this article argues that proportionality based reasoning should be included in sanctions committees’ substantive decision-making processes. Other procedural safeguards should also be incorporated by UN sanctions committees. This would help ensure that sanctions are more measured and minimise impairment of human rights.
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Tanchyk, Oleksandr. "THE PRINCIPLE OF PROPORTIONALITY IN ADMINISTRATIVE PROCEEDINGS ABOUT USING SANCTIONS TO ENTITIES." Knowledge, Education, Law, Management 2, no. 3 (2020): 200–205. http://dx.doi.org/10.51647/kelm.2020.3.2.36.
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Putra, Loist Abdi, Christine Loist, Novita Butarbutar, Efendi Efendi, and Acai Sudirman. "The Influence of Service Quality and Tax Sanctions on Taxpayer Compliance." International Journal of Business, Law, and Education 4, no. 2 (2023): 952–59. http://dx.doi.org/10.56442/ijble.v4i2.268.
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Taxpayer compliance has many positive and important impacts on the government and society. Research on service quality and tax sanctions on taxpayer compliance can provide valuable insight into understanding the factors that influence the level of taxpayer compliance. This research aims to analyze the influence of service quality and tax sanctions on taxpayer compliance. Data analysis confirms that service quality and tax sanctions significantly affect taxpayer compliance in paying taxes. The conclusions of this research inform an effective tax education and socialization program that can help taxpayers understand the importance of compliance and the positive impact of tax payments in supporting development. Clear and effective communication between tax authorities and taxpayers can help prevent misunderstandings and uncertainty hindering compliance. Proportionality in the application of sanctions is important so that the sanctions are appropriate to the level of the violation. This creates a sense of fairness and can prevent taxpayers from feeling treated unfairly. Giving tax authorities the power to impose sanctions increases their capacity to enforce tax rules.
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Allegrezza, Silvia, and Giulia Lasagni. "The enforcement of ECB sanctions in light of the proportionality principle: Is there a need for a guide to define a solid legal framework?" Common Market Law Review 61, Issue 3 (2024): 655–98. http://dx.doi.org/10.54648/cola2024046.
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This article first provides an overview of the various dimensions of the principle of proportionality and its evolution in the multi-layered European legal framework in light of the increasing expansion of punitive powers of executive bodies. Second, and more specifically, it outlines the limits of the principle of proportionality in the sanctioning procedure of the Single Supervisory Mechanism (SSM) within the ECB, comparing it with other relevant EU bodies and national supervisors. Finally, a new and, hopefully, productive step forwards is proposed that could be implemented to ensure a more coherent application of the principle of proportionality within the SSM, aimed at achieving a fairer and more efficient sanctioning procedure.
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Sadowski, Paweł, and Maciej P. Gapski. "Standardy konstytucyjne a kara pieniężna za naruszenie obowiązku zawiadomienia starosty o nabyciu lub zbyciu pojazdu." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 225–36. http://dx.doi.org/10.15804/ppk.2022.06.16.
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The application of administrative sanctions, especially in the financial dimension, in the context of the protection of individual rights, is particularly important in connection with the development of this type of administrative influence in the public sphere. In establishing them, compliance with the constitutional standards imposed on administrative fines, in relation to the principle of proportionality of regulations, is an issue of particular importance in view of their development. Currently, such a matter is the penalty provided for in the Road Traffic Act, which is imposed on the vehicle owner due to the breach of the obligation to notify the staroste within 30 days about the sale or purchase of the vehicle. The fulfillment of this obligation is secured by a severe financial sanction. Due to the scope of the impact of the penalty, basically covering every transaction and doubts as to the correct definition and application of provisions, noticeable, inter alia, in the jurisprudence of administrative courts, this issue should be considered important both for the theory of law and the practice of its application. The statutory solutions adopted in this respect are worth assessing in terms of their compliance, in particular with the constitutional principle of proportionality, because it is noticeable that it has been omitted in the implementation of the goal which was the basis for introducing this sanction.
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Timofeyeva, Liliia Yuriivna. "Proportionality of response to criminally illegal behavior of minors." Herald of the Association of Criminal Law of Ukraine 2, no. 16 (2021): 84–98. http://dx.doi.org/10.21564/2311-9640.2021.16.244427.
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Modern international standards indicate that the basis of criminal law policy to prevent juvenile delinquency should be a child-friendly juvenile justice system. This system focuses on the application of alternative and non-criminal sanctions (warning, reprimand, restitution and compensation).
 Based on international standards of juvenile justice, we can note their focus on ensuring the best interests of the child, the predominance of sanctions and measures that may have an educational impact, compensation for damages, creating conditions for reconciliation of victims and offenders and eliminating the consequences of crime, ensuring a meaningful life of a teenager in society.
 Juvenile sentencing is more loyal approach and shown in comparison with adults with regard to property penalties (if the minor has income or property) (parts 1, 3 of Article 99 of the Criminal Code of Ukraine), reduced limits of punishment (parts 1, 2 of Article 100, 101, part 1 Article 102 of the Criminal Code of Ukraine), restriction of using of imprisonment depending on the gravity of the crime and the characteristics of the juvenile.
 It is established that in addition to ensuring the best interests of the child and the use of as many non-punitive measures as possible against juvenile, it is also necessary to pay attention to other circumstances of the case. In particular, a balance must be struck between the best interests of the juvenile and a proportionate response to his or her behavior. In particular, it is necessary to take into account the repeated commission of criminal offenses, as well as the one-time application of incentive rules to juvenile. And pay attention to alternatives to imprisonment that may be more effective. In particular, mediation and rehabilitation practices can be more effective.
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Parkhid, Hamed, and Masoud Rasoulimoghadam. "The Examination of the Proportionality of Disciplinary Punishments with Committed Offenses in Student Misconduct Cases." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 3 (2024): 19–32. https://doi.org/10.61838/csjlp.6.3.2.
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This article examines the proportionality of disciplinary sanctions in relation to student offenses in academic misconduct cases. The primary goal of the research is to evaluate the structure and processes of disciplinary committees in universities and to assess the adherence to principles of justice and fair trial in these proceedings. The research method is qualitative, involving content analysis of university disciplinary regulations and a review of real cases of student misconduct. The findings indicate that, in many instances, there is a lack of proportionality between the offense committed and the imposed punishment, with students facing unjust and disproportionate sanctions. This issue is particularly evident when minor infractions result in severe penalties, leading to dissatisfaction and a sense of injustice among students. Furthermore, the disciplinary process in many universities is opaque and lengthy, which increases psychological stress for the accused students. The lack of adequate communication regarding students' rights and the absence of a full defense opportunity are major violations of fair trial principles. Based on the research findings, several recommendations are proposed for improving the structure and processes of disciplinary actions, including revising regulations, ensuring the independence of disciplinary bodies, and fully adhering to fair trial principles. These suggestions aim to guarantee justice and proportionality in dealing with student misconduct cases. The final conclusion emphasizes that revising disciplinary regulations and increasing transparency in the disciplinary process could help improve fairness and reduce dissatisfaction in universities.
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Olshak, M. V. "International legal restrictions on the ability to lawfully impose international economic sanctions." Uzhhorod National University Herald. Series: Law 4, no. 88 (2025): 123–27. https://doi.org/10.24144/2307-3322.2025.88.4.18.
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International economic sanctions have become one of the key instruments of influence of states in the international arena, aimed at maintaining peace, security, ensuring human rights and responding to violations of international law. However, the application of such measures is often accompanied by legal and political contradictions, since they may violate the principles of sovereign equality, non-interference in the internal affairs of states and free trade. The article analyzes the international legal restrictions that regulate the possibility of applying sanctions and outlines the problematic aspects of the practical application of sanctions in modern conditions. The main sources of legitimacy of sanctions are decisions of the UN Security Council adopted in accordance with Article 41 of the UN Charter and mechanisms arising from regional agreements. At the same time, unilateral sanctions introduced without the sanction of international organizations remain a controversial instrument that often arouses criticism due to the possible violation of the principle of non-interference. Particular attention is paid to the analysis of key principles that limit states in imposing sanctions: proportionality, targeting and the inadmissibility of creating humanitarian crises. Sanctions that violate basic human rights or complicate access to humanitarian aid contradict the norms of international humanitarian law. Separately, emphasis is placed on the possibility of improving international legal mechanisms for the application of economic sanctions. Certain vectors of such improvement are proposed. In particular, the author notes the importance of reforming the UN Security Council mechanism in terms of adopting resolutions - expanding the membership, limiting the veto right, transparency in decision-making. The importance of strengthening the role of UN subsidiary bodies and introducing humanitarian exceptions is emphasized, the latter should allow the import of humanitarian aid, medicines and food. It is noted that today it is advisable to harmonize approaches to unilateral sanctions, which are imposed, as a rule, by countries without the consent of the UN and other international organizations, justifying this by political necessity. The conclusions of the work emphasize the need to improve the mechanisms of legal regulation of sanctions, which would ensure their consistency with the norms of international law and the principles of justice.
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Meyer, Frank. "Complementing Complementarity." International Criminal Law Review 6, no. 4 (2006): 549–83. http://dx.doi.org/10.1163/157181206778992278.
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AbstractNon-criminal sanctions have experienced an extensive proliferation in the aftermath of mass atrocities and regime changes over the last decades. Operating under a principle of complementarity the International Criminal Court (ICC) will inevitably have to deal with implications of their employment. But despite being the most broadly applied accountability mechanism non-criminal sanctions have been neglected almost entirely in the current debate surrounding the complementarity principle. The following article seeks to identify sustainable criteria to establish a viable basis for determinations of admissibility. Pertinent provisions of the ICC Statute, namely Articles 17, 20, 53, are, therefore, explored and operationalized as regards non-criminal sanctions. On that basis the article lays out a proposal to substantiate determinations of admissibility in such cases and introduces contextual proportionality as a concept to complement complementarity.
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Lazić, Dragana, and Aleksandra Danilović. "Criminal sanctions in Serbia from 1945 to 2019." Bastina, no. 56 (2022): 257–73. http://dx.doi.org/10.5937/bastina32-36583.
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The subject of the paper includes the socio-criminological aspect of the development of criminal sanctions through the periods of state transformation of the Republic of Serbia from 1945 to 2019. The hypothetical assumption that started in the paper was that in the seventy-four-year period of functioning and action of Serbia, traditional criminal sanctions (imprisonment and suspended sentence) dominated and that due to social changes, the introduction of alternative criminal sanctions was delayed. The historical, statistical and comparative methods, as well as the operational method of document content analysis were applied in the research. The most significant finding in the paper is that in the first 32 years, a prison sentence dominated, and in the next 42 years, a suspended sentence. There was no mass application of punishment: suspended sentence with protective supervision, punishment of work in the public interest, fine and other alternative sanctions, which only seemingly satisfied the principle of fairness and proportionality.
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Fehr, Colton. "Infusing Reconciliation into the Sentencing Process." Constitutional Forum / Forum constitutionnel 28, no. 2 (2019): 25–30. http://dx.doi.org/10.21991/cf29381.
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A fundamental aspect of achieving proportionality in sentencing is enshrined in section 718.2(e) of the Criminal Code. It provides that “all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.”
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Smith, Hazel. "The ethics of United Nations sanctions on North Korea: effectiveness, necessity and proportionality." Critical Asian Studies 52, no. 2 (2020): 182–203. http://dx.doi.org/10.1080/14672715.2020.1757479.
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Huizing, Pieter J. F. "Proportionality of Fines in the Context of Global Cartel Enforcement." World Competition 43, Issue 1 (2020): 61–86. http://dx.doi.org/10.54648/woco2020004.
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This article assesses the fundamental elements of national and international cartel sanctioning practices from a proportionality perspective under both retributive and consequentialist theories on punishment. It finds that the current framework of setting fines for international cartels fails to ensure proportionate overall punishment. This is due to two types of shortcomings. First, the amplification at an international level of the failure of national sanctioning methodologies to fully observe retributive or consequentialist proportionality principles. Second, the absence at an international level of an appropriate maximum limit on the level of punishment or any consideration of the overall proportionality of the overall punishment. Overcoming these shortcomings calls for not only the coordination of sanctions between authorities pursuing the same cartel, but also a serious reconsideration of the fundamental elements of national cartel fining methodologies. At the least, achieving overall proportionate punishment requires authorities to start considering the retributive and consequentialist objectives already achieved by fines imposed elsewhere for the same overall cartel conduct.
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Terán Tobar, Joan Anaisse, and José Antonio Ruiz Bautista. "La proporcionalidad en sanciones a instituciones educativas en procedimientos sancionatorios." Revista Metropolitana de Ciencias Aplicadas 5, Suplemento 1 (2022): 118–27. http://dx.doi.org/10.62452/tt285f13.
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The purpose of the administrative sanctioning procedure is to reestablish public order through the exercise of the sanctioning power, by means of which reasoned and motivated sanctions are established to the alleged administrative responsible parties. The purpose of the present investigation is to analyze the administrative act as a consequence of the administrative sanctioning procedure to educational institutions subject to the Organic Law of Intercultural Education, when these have incurred in some anti-juridical conduct foreseen in the legal system as an administrative infraction or illicit and to determine to what extent there is a lack of application of proportionality in the sanctions and how this may affect the stability of the administrative act and the constitutional and subjective rights of the receiver of the administrative act. Therefore, and in order to determine the lack of application of proportionality and the possible affectation, a theoretical-descriptive research of documentary type will be carried out, since it is necessary to analyze the administrative procedure from each of its stages and phases and at the same time determine from the requirements of validity of the administrative act how the final decision can be vitiated.
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Shishulina, Tat'yana Petrovna. "Practice of applying disciplinary liability standards against an employee (based on analysis of court decisions)." Юридические исследования, no. 2 (February 2025): 56–70. https://doi.org/10.25136/2409-7136.2025.2.71196.
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The object of the study is the norms of disciplinary responsibility. The subject of the study is the practice of applying the norms of disciplinary responsibility. The article is based on an analysis of law enforcement practice and case law. The study revealed that the legislative framework created to date regulating the application of this type of liability is not without shortcomings, which gives rise to many contradictions and problems in practical activities. The research methodology is based on an analysis of key aspects of the application and legal regulation of disciplinary liability rules to determine the main directions for their improvement. The practical significance of the study is determined by the relevance of the developed proposals for improving the norms of disciplinary responsibility, ensuring the effectiveness of their application. Conclusions: - it is required to expand the list of types of disciplinary sanctions for employees who do not have a special legal status, a disciplinary fine by adding Part 1 of Art. 192 Labor Code of the Russian Federation; - it is necessary to consolidate in the content of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” provisions establishing the scope of failure by civil servants to provide information on income, property and property-related obligations, allowing it to be assessed as significant when resolving questions about the legality and proportionality of the application disciplinary sanction in the form of dismissal on the grounds established by Art. 59.2 of the Federal Law “On State Civil Service”; - change the content of Part 2 of Art. 59.3 of the Federal Law “On Combating Corruption” by adding it, establishing the need to establish the proportionality of the application of disciplinary sanctions in the form of dismissal with the gravity of corruption offenses committed by public servants.
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Totskyi, B. A. "Application of the components of the principle of proportionality to protect the rights and legitimate interests of taxpayers." Uzhhorod National University Herald. Series: Law 2, no. 82 (2024): 269–77. http://dx.doi.org/10.24144/2307-3322.2024.82.2.43.
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The article examines the essence of the principle of proportionality in the field of taxation, analyzes the components of the principle and the specifics of their application with regard to protection of rights and legitimate interests of taxpayers. The author establishes that the essence of the principle of proportionality in the field of taxation is that taxes and fees established with the aim of financial support of the State’s activities should be consistent with the possibility of taxpayers to exercise their fundamental rights and freedoms. According to the principle of proportionality, the actions of the state must be strictly adapted to the legitimate goals and objectives to be achieved, and the measures applied must not go beyond what is necessary to achieve the established goals and objectives. It is established that the principle of proportionality in the field of taxation is characterized by several key components: 1. Access to rights and freedoms should not depend on: payment or non-payment of taxes and fees by a person; the amount of taxes and fees paid; 2. The tax burden should not be excessive, and the taxes themselves should not be too burdensome. The application of the principle of proportionality in the field of taxation is one of the key aspects of protecting human and civil rights and freedoms. It requires that the tax burden be distributed fairly, transferred to the taxpayer in an economically justified manner, and reflect their capabilities. Failure to comply with proportionality can lead not only to violations of fundamental human and civil rights and freedoms, but also to the de-shadowing of the economy, thus undermining the economic foundations of the state, leading to economic decline and destabilization of the country, contributing to the growth of crime, etc. 3. Tax restrictions and measures relating to taxpayer rights should not be excessive, and sanctions should not be too burdensome. In this context, it is important to assess not only the immediate consequences of sanctions for achieving the goals of the legal provision and protecting public order, but also possible long-term effects on the offender, including his economic condition, social status and the possibility of correction. Such an approach requires a balance between the need for effective law enforcement and prevention of repeated violations, on the one hand, and the prevention of excessive punishment, which may lead to disproportionate infringement of individual rights and freedoms, on the other.
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Iamiceli, Paola, and Fabrizio Cafaggi. "The Principles of Effectiveness, Proportionality and Dissuasiveness in the Enforcement of EU Consumer Law: The Impact of a Triad on the Choice of Civil Remedies and Administrative Sanctions." European Review of Private Law 25, Issue 3 (2017): 575–618. http://dx.doi.org/10.54648/erpl2017038.
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Abstract: In the conventional approach, rights were defined by EU law, while remedies were established by national legal orders. The situation has changed. The principle of procedural autonomy has been severely limited by general principles, such as the ones of effectiveness and equivalence. The power of Member States to define procedures, sanctions and remedies is strongly affected by the principles of effectiveness, proportionality and dissuasiveness.
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Mandasari, Santi, Rina Rohayu Harun, Firzhal Arzhi Jiwantara, and Nurjannah Septyanun. "Imposition Of Criminal Sanctions for Minor Criminal Actions of Theft (A Case On Judgement Number 826/Pid.B/2023/Pn.Mtr)." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 3 (2024): 2236–44. https://doi.org/10.31941/pj.v23i3.4825.
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The imposition of criminal sanctions for minor criminal actions, such as theft, presents a complex and multifaceted challenge for legal systems worldwide. This study examines the imposition of criminal sanctions for minor theft offenses, with a specific focus on the case adjudicated under Judgment Number 826/Pid.B/2023/Pn.Mtr. The research aims to analyze the legal reasoning behind the court's decision, the proportionality of the sanctions imposed, and the broader implications for the criminal justice system. Utilizing a qualitative approach, this study involves a detailed case analysis, reviewing court documents, and interviews with legal experts. Findings indicate that while the court adhered to statutory guidelines, there were significant considerations regarding the socio-economic background of the offender and the value of the stolen property. The study concludes that although the sanctions imposed were within legal parameters, there is a need for a more nuanced approach that considers restorative justice principles. This research contributes to the ongoing discourse on criminal justice reform, particularly concerning minor offenses, and advocates for policy adjustments that balance deterrence with rehabilitation.
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Bikelis, Skirmantas. "Confiscation Beyond the All-Crime Approach and the Proportionality Principle—A Case of the Lithuanian Illicit Enrichment Offence Concept." Laws 14, no. 1 (2024): 1. https://doi.org/10.3390/laws14010001.
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The article discusses the ultimate limits of crime proceeds control measures from the perspective of the proportionality principle. The concept of the general illicit enrichment offence (GIEO) is explored as it is considered one of the most radical illicit asset control measures. It is based on two extreme elements: first, it reaches broadly beyond the all-crime proceeds approach and targets any unexplained assets. Secondly, it provides highly intrusive measures, involving both the confiscation of assets and, in addition, criminal sanctions. The advantages and risks of the concept are examined from both practical and basic legal principle perspectives. The author presents recent results from the Lithuanian penal justice system, where the GIEO has been introduced into penal law and practice since the end of 2010. A rich body of case law from the European Court of Human Rights (ECtHR) and European Union Court of Justice (EUCJ) serves as the background of the analysis. The author concludes that the concept of GEIO is in conflict with the proportionality principle. Although the Lithuanian Constitutional Court did not find proportionality issues with the GIEO, the prospects of successful challenges with respect to the proportionality principle in the ECtHR and the EUCJ appear promising.
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Blanco Cortina, David. "Proportionality and transitional sanctions Analysis of the Special Jurisdiction for Peace’s (JEP) punishment model." Revista de Derecho Uninorte, no. 52 (April 13, 2020): 164–92. http://dx.doi.org/10.14482/dere.52.303.69.
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de Wet, Erika. "Human Rights Limitations to Economic Enforcement Measures Under Article 41 of the United Nations Charter and the Iraqi Sanctions Regime." Leiden Journal of International Law 14, no. 2 (2001): 277–300. http://dx.doi.org/10.1017/s0922156501000140.
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This article questions the legality of the extent of the Iraqi sanctions regime, due to its severe impact on human rights such as the right to life and the right to health. After examining whether the Security Council is bound by human rights, the article examines if and to what extent the Security Council may limit human rights norms when imposing economic sanctions. In the process it distinguishes between non-derogable and derogable human rights. With respect to the latter, it supports limitation in accordance with a proportionality principle that protects the core of the rights involved, while at the same time allows the Security Council the flexibility required by its unique role in the maintenance of international peace and security.
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Wijaya, Haris Pandi. "IMPLICATIONS OF THE IMPLEMENTATION OF THE TAX ADMINISTRATIVE SANCTIONS POLICY ON TAXPAYER COMPLIANCE." Global Legal Review 3, no. 2 (2023): 109. http://dx.doi.org/10.19166/glr.v3i2.6724.
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<p>General provisions on taxation in Indonesia have regulated tax administration sanctions. The regulation and application of tax administration sanctions is expected to encourage taxpayer compliance. Through taxpayer compliance, tax revenue can reach the target on an ongoing basis. However, in reality, tax revenues in Indonesia tend to never reach the target. This is due to the still weak taxpayer compliance. Departing from this situation, this study examines the regulation of tax administration sanctions and their effectiveness in increasing taxpayer compliance. This research is a juridical-normative research. Data was collected through a study of documents originating from legal materials, both primary, secondary and tertiary. The research finding is that changes to the provisions on tax administration sanctions based on Law Number 7 of 2021 concerning Harmonization of Tax Regulations can encourage taxpayer compliance because these changes are marked by a reduction in sanctions that are not burdensome to taxpayers and are better able to reflect proportionality, convenience, and fairness compared to provisions previously. However, the application of tax administration sanctions in encouraging tax compliance still faces obstacles, namely that there is no adequate infrastructure in supervising and examining all taxpayers who commit tax non-compliance, the quantity and quality of tax officials in supervising and examining taxpayers, and the attitude of taxpayers who commit tax avoidance rather than fulfilling tax obligations.</p>
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Cameron, Iain. "UN Targeted Sanctions, Legal Safeguards and the European Convention on Human Rights." Nordic Journal of International Law 72, no. 2 (2003): 159–214. http://dx.doi.org/10.1163/157181003322560556.
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AbstractThe introduction of Security Council targeted financial and travel sanctions against individuals involves a qualitative change in Security Council sanctions policy, which has previously been directed against governmental entities. Targeted sanctions can be a useful weapon in the international community's attempts to pressurize repressive regimes into accepting change. However, there is a problem in using against individuals, a powerful international law mechanism designed for pressurizing states. Individuals' rights under domestic and international law can be severely affected by such sanctions. The blacklists created under Resolutions 1333 and 1390 cause particular problems, as these are quasi-criminal in nature and in practice entail an allegation that the targeted persons are terrorists or terrorist associates. However, there is no international legal mechanism for checking or reviewing the accuracy of the information forming the basis of a sanctions committee blacklisting or the necessity for, and proportionality of, measures adopted. The implementation against non-governmental or quasi-governmental entities of targeted Security Council sanctions in European states is almost certainly contrary to European human rights norms, in particular, the right of access to court under Article 6 ECHR. There is thus a conflict between obligations under the United Nations Charter (UNC) on the one hand and the ECHR (and for EU states, EC law) on the other. Mechanisms can, however, be created which provide a broadly similar level of protection to that provided by Article 6 ECHR while maintaining whatever effectiveness targeted sanctions possess, so there is no logical incompatibility between obligations under the ECHR and Security Council sanctions.
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de Goede, Marieke. "Blacklisting and the ban: Contesting targeted sanctions in Europe." Security Dialogue 42, no. 6 (2011): 499–515. http://dx.doi.org/10.1177/0967010611425368.
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This article examines the practice of targeted sanctions as they are deployed against individuals and groups suspected of financing and facilitating terrorism in Europe. Substantial academic attention and critique has surrounded targeted sanctions and blacklists, as these practices challenge existing logics of evidence, criminal culpability and proportionality. This article seeks to move the analysis of blacklisting beyond the breach of individual rights and toward an understanding of the wider political implications. It draws upon the work of Giorgio Agamben to offer a reading of blacklisting in terms of its symbolic function of banishment and exclusion, which simultaneously redraws the boundaries around normal, valued, ways of life. The article teases out the exceptional and pre-emptive nature of blacklisting as a security measure. It analyses in some detail the Kadi case before the European Court of Justice, and argues that blacklisting and its current contestations work to inscribe the principles of pre-emption into the international juridical order.
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Karagina, D. O. "Designing Sanctions for Aggravation of Misappropriation of Budgetary Funds and State Non-Budgetary Funds." Actual Problems of Russian Law 18, no. 7 (2023): 124–33. http://dx.doi.org/10.17803/1994-1471.2023.152.7.124-133.
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The sanctions of the article are a reflection of the nature of criminal acts, their level of public danger. The quality of the construction of this element of criminal law prescriptions determines the fairness of the penalties imposed, the effectiveness of the application of the norms of criminal law. This causes scientific interest in the indicated problems. The paper analyzes the problems of creating constructions of sanctions, Part 2, Art. 285.1 and part 2 of Art. 285.2 of the Criminal Code of the Russian Federation (in this article, these crimes will be referred to as budget crimes). The purpose of the study is to offer legislative recommendations for their adjustment, to establish compliance with the rules and design principles developed by science. To achieve this goal, the author studied the sanctions of these norms from the point of view of their compliance with the degree of social danger of crimes, consistency, analyzed the judicial practice and the approaches existing in science to the formation of sanctions and the definition of their boundaries. Applying the evidence-based rules, the author expresses her opinion on the presence of errors in the legislative structures of sanctions for these budgetary crimes. The author supports the opinion on the preferred use of the technique of overlapping sanctions, as well as on the need to analyze the data of judicial practice in order to determine their proportionality. Based on the results of the study, it is proposed to optimize sanctions for these budgetary crimes, taking into account the introduction of a specifically classified body of a crime, changing the boundaries of sanctions.
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Milone, Sofia. "On the borders of criminal law. A tentative assessment of italian “non-conviction based extended confiscation”." New Journal of European Criminal Law 8, no. 2 (2017): 150–70. http://dx.doi.org/10.1177/2032284417711573.
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The article discusses the legitimacy of “non-conviction based extended confiscation” and proposes an assessment of this measure under the principle of proportionality. So far, the analysis has mainly focused on the qualification of the measure as punitive or preventive, in order to ascertain the relevance to its assessment of the principles governing criminal sanctions. After showing that the issue of the nature of this form of confiscation is quite controversial, the paper suggests to use the principle of proportionality as a benchmark. Indeed, this principle constitutes a minimum constraint on State measures, regardless of their (non)criminal nature. Although the article focuses on Italian “non-conviction based extended confiscation”, it may have an impact on the debate concerning similar measures known in other systems, as well as on the adoption of a common model of non-conviction based confiscation at the EU level.
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Diaconu, M., S. Kuwelkar, and A. Kuhn. "The court of arbitration for sport jurisprudence on match-fixing: a legal update." International Sports Law Journal 21, no. 1-2 (2021): 27–46. http://dx.doi.org/10.1007/s40318-021-00181-3.
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AbstractThe Court of Arbitration for Sport (CAS) jurisprudence on manipulation of sports competitions has vastly evolved from its initial award in RSC Anderlecht in 1998, to now Labuts in August 2020. Alongside, international and national regulations, as well as sporting regulations, including, most recently, the Council of Europe’s Macolin Convention on the Manipulation of Sports Competitions, have sought to effectively tackle the omnipresent, ever-growing phenomenon of competition manipulation. Against this backdrop, this article briefly outlines the existing legal landscape on manipulation, followed by a chronological detailing of each CAS issued award. The key aspects of defining such sanctionable behaviour, select issues of standard of proof and types of evidence which are admissible and relied on, as well as the manner and quantum of sanction are then analysed. Ultimately, noting empirical trends across these awards, questions on ne bis in idem, proportionality of sanctions and legal certainty across CAS jurisprudence are raised.
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Totskyi, B. "Content and practical application of the principle of proportionality in international law." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 613–18. http://dx.doi.org/10.24144/2788-6018.2023.01.107.
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The presence of the principle of proportionality in separate branches of international law indicates that it affects its fundamental, ideological foundations and is related to international law as a whole. At the same time, despite the importance that the principle of proportionality has in international law, disputes regarding its content, the essence of the role of proportionality in theory and practice are still the subject of discussions. The article is devoted to the analysis of the practical application of the principle of proportionality in international law.
 In the course of the conducted analysis, it was established that the principle of proportionality in international law manifests itself in various forms and contexts. At a time when it plays a decisive role in the protection of human rights, in certain areas of international law the principle does not have clear boundaries, and the possibility of applying the three-stage verification causes reasoned discussions. Like the principle of justice, the principle of proportionality does not involve the mechanical application of norms and rules, but is primarily aimed at achieving reasonable and fair results in each individual case.
 It was established that the use of the principle of proportionality makes it impossible to refer to precedent judicial practice, since the result of its use depends on the specific context, existing circumstances and established factors. Basically, discussions about the application of the principle of proportionality revolve around spheres, the subjects of which disputes are not regulated by special agreements. This makes a uniform and simplified application of the principle of proportionality impossible, without canceling the need for its application. The above causes a general scientific interest in the peculiarities of the implementation of the principle in practice, namely: analysis of sanctions policy and reprisals in response to violations of international law; assessments of the role of proportionality in maritime disputes and disputes related to trade relations within the framework of the World Trade Organization, as well as bilateral protection of international investments; features of the application of the principle by arbitration courts and tribunals during the analysis of the actual circumstances of cases, etc.
 Despite the fact that the principle of proportionality has significant potential, its main drawback remains the dependence on the evaluation judgments of the subjects who apply it in practice. A significant flaw in the implementation of the principle of proportionality lies in the definition of the independence and independence of international judicial and other bodies in international law, their material, financial and other dependence on different states (for example, on the position of the countries in which the headquarters of these structures are located); dependence of judges and arbitrators on the countries in which they live or whose citizens they are, etc.
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Mishchuk, I. V. "Principles of proportionality and irrevocability of administrative responsibility for violation of quarantine requirements." Uzhhorod National University Herald. Series: Law 2, no. 73 (2022): 69–73. http://dx.doi.org/10.24144/2307-3322.2022.73.42.
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In this article were define that the principles are the main category of administrative responsibility, they are important in two stages such as stage of rule-making and stage of law enforcement. Their consolidation in the Code of Administrative Offenses will contribute to the improvement of this legal institution.
 Particular attention is paid to the principle of proportionality, which appear itself in two aspects: firstly, as a balancing act between public and private interests, and secondly, as a limitation of certain rights to achieve a legitimate goal. The principle of proportionality acquires special importance when establishing administrative responsibility for violation of quarantine requirements, where on one side of the scale is the health of the population, and on the other - an adequate response from the state to the offender.
 It was established that the violation of the principle of proportionality occurs in Article 44-3 of the Code of Criminal Procedure, because the sanction of this article does not meet the purpose due to its redundancy (too high sanctions) and the lack of proper differentiation (no punishment is established for citizens and entrepreneurs separately).
 It was determined that the principle of inevitability of administrative responsibility consist in ideally every person who has committed an offense should be punished in the form of administrative fines. An administrative misdemeanor, to which the state did not took the necessary measures, leads to impunity, does not restore social justice, and therefore encourages illegal behavior.
 In this section, regarding the violation of the requirements of the quarantine of people, a problematic issue has been established, which consists in the fact that the violators of the quarantine often remain unpunished. For example, improperly way of wearing or not wearing a mask or not keeping the appropriate distance when it was required was an extremely common offense that often went unnoticed by law enforcement officers. This inconsistent approach also undermines the credibility of the imposed restrictions and needs to be revised.
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Poalacin-Iza, Edwin Marcelo, and Diana Maricela Bermúdez-Santana. "Violencia psicológica, sus secuelas permanentes y la proporcionalidad de la pena." Revista Metropolitana de Ciencias Aplicadas 6, no. 2 (2023): 61–69. http://dx.doi.org/10.62452/2g88ev55.
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This research leads the reader to elucidate the needs of women, as well as the constant search and struggle for equality of rights and gender in society. The promulgation in the Comprehensive Criminal Organic Code of art. 17, describing as a crime different forms of violence against women or members of the family nucleus, has put into debate the proportionality of the maximum sentence in relation to the presence of permanent sequelae in the victim. This allows us to reflect on whether the sanctions provided for by the COIP are related to the principle of proportionality, in particular, in the application of the maximum penalty. The general objective stated, then, is to critically review Art. 157 of the COIP; for which, a qualitative methodology will be used, applying bibliographic, historical-logical, and inductive review methods. Being able to determine the impact of this type of violence and the consequences it leaves on the victim, as well as the professional attention, medical assistance and rehabilitation that is required as part of their recovery; emphasizing their rights, and the breach of the principle of penal proportionality, according to the seriousness of the damage caused; deepening on the right to live without violence.
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Ziar, Nanda Nugraha. "Prinsip Proporsionalitas Dalam Kebijakan Formulatif Tindak Pidana Pencemaran Nama Baik Di Media Sosial." Jurnal Lex Renaissance 7, no. 3 (2022): 462–75. http://dx.doi.org/10.20885/jlr.vol7.iss3.art2.
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Proportionality in a criminal defamation policy on social media is crucial to ensure that individual conflicts in the society do not occur and fair policies are created. This study aims to identify whether the formulative policy for criminal acts of defamation on social media is in accordance with the principle of proportionality. This is a normative juridical research that uses statutory and conceptual approaches to analyze the formulation of the problem of the present study. The results of this study conclude that there is a contradiction between the criminal defamation law policy on social media and the regulation on freedom of opinion and expression as stipulated in Article 28 E and F of the 1945 Constitution. In addition, the policy for criminal defamation on social media is too high based on a comparison that refers to defamation sanctions in the Criminal Code and several court decisions on defamation cases on social media.
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Boklan, D. S., and V. V. Koval. "Unilateral Sanctions under International Law and Effectiveness of Blocking." Moscow Journal of International Law, no. 1 (May 15, 2024): 6–23. http://dx.doi.org/10.24833/0869-0049-2024-1-6-23.
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INTRODUCTION. This article discusses modern international legal concept of unilateral sanctions. The authors contribute to the emerging discussion on the qualifying of unilateral sanctions under international law.MATERIALS AND METHODS. In this study we took into account the works of both Russian and foreign scholars in the field of international economic law, as well as analyzed documents and materials of international organizations (United Nations (UN), World Trade Organization (WTO) and others) in order to assess the compatibility of unilateral sanctions with international law. General scientific methods of cognition (analysis, synthesis, induction, and deduction), special legal methods (formal-legal, technical-legal, method of legal analogy) and comparative legal method were used in the presented research.RESEARCH RESULTS. Presented analysis has shown that widely used term “unilateral sanctions” leads to abusive and inappropriate use of international legal term. Analysis of compatibility of unilateral sanctions with other types of coercive measures such as countermeasures, UN Security Council sanctions, retortions, reprisals have shown that unilateral sanctions do not fall under the meaning of all mentioned measures. In addition, unilateral sanctions should not be justified under the WTO security exceptions. The use of extraterritorial unilateral sanctions contradicts one of the fundamental principles of international law – principle of non-interference in internal affairs. Existing blocking unilateral sanctions mechanisms are not efficient enough to compensate negative effect posed by unilateral sanctions.DISCUSSION AND CONCLUSIONS. Authors concluded that unilateral sanctions in most of the cases do not satisfy cumulative criteria of legitimate countermeasure. Unilateral sanctions are not equivalent to the United Nation Security Council sanctions, as there are no “checks and balances” in the decision-making process in the form of determining the degree of threat to peace and security and taking into account humanitarian exceptions. Although there is some correlation between unilateral sanctions and retortions or reprisals, retortions and reprisals posses criteria of legality and proportionality, while, unilateral sanctions are introduced at the state’s discretion without any standard. Furthermore, the authors argue that to avoid abusive use of the WTO security exceptions WTO panels have to rely on the well-balanced approach used by the Panel in Russia – Transit case. This approach shows that the context of security exception should be understood as encompassing only military and closely related to military issues and does not cover political, economic, cultural or any other interests and relations. Existing blocking mechanisms of unilateral sanctions require separate qualification under international law including compatibility with the legitimate countermeasures.
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Furramani, Emanuela, and Pulina Guli Hoti. "Proportionality: A Principle to be Re-evaluated in Albanian Criminal Law." Academic Journal of Interdisciplinary Studies 11, no. 4 (2022): 311. http://dx.doi.org/10.36941/ajis-2022-0118.
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The numerous amendments to the Albanian Criminal Code introduced over the years have continuously toughened penalties for criminal offences, raising doubts about the legislator's adherence to the proportionality principle. This issue has aroused an interest in treating proportionality as a fundamental principle of criminal law, particularly in guiding the legislator in determining appropriate punishments for criminal offences. Doctrine and jurisprudence constantly emphasize that disproportional sanctions, on the one hand, affect the re-educational and re-socialization processes, and on the other hand, they affect the discretion of the judge who, during the process of individualization of punishment, must adapt the penalty to the social danger of the criminal offence. The Albanian Constitutional Court's jurisprudence has addressed proportionality issues in a significant judgment that opened the possibility of control over the legislator's political discretion. In this regard, the Albanian Constitutional Court considered some provisions of the Criminal Code in breach of Article 17 of the Constitution because the punishment provided for the criminal offence was disproportionate, affecting in this way the re-educational process of the perpetrator. On this occasion, the Court stated that the penalty is determined by weighing the social danger of the crime and the perpetrator's level of culpability. Furthermore, the Court considered that since criminal punishment restricts fundamental rights, it should be limited to those actions or omissions that, according to the principle of proportionality, are comparable in importance to the values they safeguard. 
 
 Received: 6 May 2022 / Accepted: 29 June 2022 / Published: 5 July 2022
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Alexander, Kern. "Regulating Bank Governance and the EU Capital Requirements Directive." European Business Law Review 28, Issue 6 (2017): 809–28. http://dx.doi.org/10.54648/eulr2017043.
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This article pays tribute to Professor Mads Andenas’s scholarly contribution to European banking law and regulation. The article addresses how EU banking law under the Capital Requirements Directive IV regulates private shareholder rights regarding their governance or control rights over banking corporations and the extent to which public law regulatory powers are constrained by EU constitutional law regarding the application of administrative sanctions on EU banks or bank shareholders who violate CRD IV governance principles and rules. The analysis will focus on the CRD IV’s sound and prudent governance principle and related regulatory technical standards adopted by the European Banking Authority. It will also analyse the extent to which EU administrative or regulatory sanctions can be applied to banks for violating the sound and prudent governance principle and related regulatory standards and how the principle of proportionality could apply to the exercise of such regulatory powers. The article builds on the fascinating body of work of Professor Andenas in analyzing EU banking law and the extent to which EU member state supervisory authorities are constrained by fundamental EU legal principles in imposing sanctions on banks for violating applicable law and regulatory rules.