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Journal articles on the topic 'Restrictive sanctions of law'

Author: Grafiati

Published: 4 June 2021

Last updated: 5 February 2022

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1

Eckes, Christina. "Sanctions against Individuals." European Constitutional Law Review 4, no. 2 (2008): 205–24. http://dx.doi.org/10.1017/s1574019608002058.

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Rulings in the cases of OMPI, Sison and Segi – Violation of the right to a fair hearing, the duty to give reasons, and the right to judicial protection – Jurisdiction to review lists of terrorist suspects – Extension of Article 35 TEU – Preliminary rulings on common positions – Improvements of the listing procedure – New legal bases for restrictive measures under the Treaty of Lisbon – Recommendations how to reform the autonomous EU listing procedure further

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2

Zelyova, Nadia. "Restrictive measures - sanctions compliance, implementation and judicial review challenges in the common foreign and security policy of the European Union." ERA Forum 22, no. 1 (2021): 159–81. http://dx.doi.org/10.1007/s12027-021-00658-6.

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AbstractThis article provides a comprehensive overview of EU restrictive measures applicable within the EU, the competences and legal evolution which lead to the implementation of Common Foreign and Security Policy restrictive measures (CFSP sanctions), and considers procedural issues, developments in the latest case law, and the challenges of securing compliance with EU sanctions, which reach beyond the territory of the EU.

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Кешнер, Мария, and Mariya Keshner. "The Sanctions against the Russian Federation: International Legal Analysis of Legitimacy." Journal of Russian Law 3, no. 7 (2015): 0. http://dx.doi.org/10.12737/11764.

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In 2014, a number of states and integration entities imposed sanctions and restrictive measures against the Russian Federation. The author analysis acts the measures adopted by the United States, the European Union, some other countries against the Russian Federation, from the point of view of the international law. The author investigates reasonableness of the arguments justifying the sanctions against the Russian Federation; and examines the issues of coercion in the international law, which has its specific features that are primarily predetermined by the nature of interstate relations and

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Белхароев, H. M. "On the issue of legislative regulation of reliable food supply to the country in the context of the introduction of economic sanctions by Western Countries against Russia." Legal Science in China and Russia, no. 4 (September 16, 2021): 59–63. http://dx.doi.org/10.17803/2587-9723.2021.4.059-063.

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The article reveals the restrictive measures imposed by Western countries against our country and the retaliatory measures taken to ensure national security. It is recommended to study the experience of reforming and developing the agricultural sector of the People’s Republic of China. It is argued that if used correctly, the sanctions imposed will contribute to the development of the domestic domestic market, especially in the agro-industrial complex, which will spur other sectors of the economy. Keywords: protection, security, law, sanctions, economic measures.

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5

Stenhammar, Fredrik. "Book Review: eu Sanctions: Law and Policy Issues Concerning Restrictive Measures, edited by I. Cameron." Nordic Journal of International Law 83, no. 2 (2014): 201–4. http://dx.doi.org/10.1163/15718107-08302004.

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6

Wolf, Elaine, and Marsha Weissman. "Revising Federal Sentencing Policy: Some Consequences of Expanding Eligibility for Alternative Sanctions." Crime & Delinquency 42, no. 2 (1996): 192–205. http://dx.doi.org/10.1177/0011128796042002002.

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Although the Sentencing Reform Act of 1984 advocated the use of “least restrictive alternatives,” the U.S. Sentencing Commission has devised guidelines that authorize prison for all felony convictions. Nonincarcerative sentences are available for low-level offenders, but research has shown that the use of probation and other alternative sanctions has declined since the full-scale adoption of the guidelines in 1989. Applying criteria for imposing sentences of imprisonment adopted by the National Council on Crime and Delinquency to U.S. Sentencing Commission data from 1992 and 1993, we show that

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7

Kapustin, A., and B. Khabriev. "UN ILATERAL SANCTIONS – A VESTIGE OF A UNIPOLAR WORLD: THE CONCEPTUALIZATION OF THE LEGAL POSITION OF THE BRICS COUNTRIES." BRICS Law Journal 6, no. 4 (2019): 67–94. http://dx.doi.org/10.21684/2412-2343-2019-6-4-67-94.

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The efforts of the BRICs countries to establish a fair international legal order determine the scholarly interest in conceptualizing the legal position on the inadmissibility of the use of unlawful unilateral coercive measures in international relations. This paper adopts an interdisciplinary approach to the study of the phenomenon of combating discriminatory sanctions policies of individual states and international organizations, including elements of economic, legal and international legal analysis. The subject of the authors’ interest is not the methodology of “economic analysis” of legal p

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Bakulina, Polina V., and Ksenia A. Kuzmina. "China’s Policy of Economic Sanctions: Legislation and Enforcement." Financial Journal 13, no. 4 (2021): 24–38. http://dx.doi.org/10.31107/2075-1990-2021-4-24-38.

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This article aims at analyzing the People’s Republic of China’s sanctions policy. The authors put special emphasis on the review of the current Chinese legislation on countering foreign unilateral measures targeting China. The emergence of a legal anti-sanctions framework in China is a development of 2020–2021, driven by the growing number of sanctions against China imposed by the U.S. and its allies against the background of trade war and global strategic competition. At the official level, Beijing remains vocal in condemning unilateral and extraterritorial sanctions by certain countries as v

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9

Geller, Jeffrey L. "The Quandaries of Enforced Community Treatment and Unenforceable Outpatient Commitment Statutes." Journal of Psychiatry & Law 14, no. 1-2 (1986): 149–58. http://dx.doi.org/10.1177/0093185386014001-206.

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One response to the problems created by deinstitutionalization has been outpatient commitment. Involuntary community treatment presents a series of dilemmas, including those involving the role of enforced treatment in psychiatry, the implementation of informed consent, the application of “least restrictive alternative,” and the ever-widening liability of psychiatrists. While outpatient commitment itself presents conundrums, outpatient commitment which is unenforceable brings the psychiatrist to even further quandaries. Using Pennsylvania as an example, the difficulties posed by unenforceable o

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10

Sauer, Janet Story, and Cheryl M. Jorgensen. "Still Caught in the Continuum: A Critical Analysis of Least Restrictive Environment and Its Effect on Placement of Students With Intellectual Disability." Inclusion 4, no. 2 (2016): 56–74. http://dx.doi.org/10.1352/2326-6988-4.2.56.

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Abstract The least restrictive environment (LRE) mandate of the Individuals with Disabilities Education Act has long been questioned as to whether it has fulfilled the original intent of the law. This advocacy brief provides an updated analysis of the flaws underlying the principle of LRE, a mandate that exists at the nexus of cultural beliefs about disability, the influence of the medical model on special education, and the misguided link between intensity of services and more restrictive environments. We review the origins of LRE; summarize research on the positive relationship between place

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11

Messina, Michele. "The European Union’s non-contractual liability following country and counterterrorism sanctions: Is there anything to learn from the Safa Nicu Sepahan case?" Maastricht Journal of European and Comparative Law 25, no. 5 (2018): 631–48. http://dx.doi.org/10.1177/1023263x18806478.

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This article focuses on the actions aimed at compensating for the damage suffered by natural and legal persons following the imposition of EU country or counterterrorism restrictive measures. The judgments in the Safa Nicu Sepahan case, where the EU Courts deliberated for the first time on the award of non-material damage, constitute the basis for the analysis of the relevant EU jurisprudence in the field often too reluctant to award damages, in accordance with the traditional conservative approach of the EU Courts towards the non-contractual liability of the Union. Despite the award of non-ma

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12

Chen, Jacqueline M., Adam D. Fine, Jasmine B. Norman, Paul J. Frick, and Elizabeth Cauffman. "Out of the Picture: Latinx and White Male Youths’ Facial Features Predict Their Juvenile Justice System Processing Outcomes." Crime & Delinquency 67, no. 6-7 (2021): 787–807. http://dx.doi.org/10.1177/0011128721999347.

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Adults’ facial characteristics predict whether and how severely they are sentenced in the adult criminal justice system. We investigate whether characteristics of White and Latinx male youths’ faces predict the severity of their processing in the juvenile justice system. Among a sample of first-time offenders, despite no differences in the severity of their offenses, youth who were perceived by naïve observers as more dominant, less trustworthy, less healthy, and having darker skin were more likely to receive harsher sanctions. Thus, extralegal factors like appearance may bias legal decisions

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13

Lazetic Buzarovska, Gordana, Nikola Tupanceski, and Elena Mujoska. "Mandatory Sentencing Guidelines: The Case Of Macedonia." European Scientific Journal, ESJ 12, no. 22 (2016): 87. http://dx.doi.org/10.19044/esj.2016.v12n22p87.

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This study expresses the criticism of recently enacted Law in determining the type and in measuring the severity of sentence. There is flagrant restriction of the free judicial belief due to the necessity in overcoming identified inconsistency in sentencing policy. The judicial system is not resistant to both internal and external pressures and influences. However, those problems cannot be overcome by massive fragmentation of the Criminal Code of the Republic of Macedonia, wide ranges of the sanctions, and by administrative proceedings in the determination of the sanction. New Macedonian law h

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14

Adwin, Adwin, and Munsharif Abdul Chalim. "Implications Juridical Council Regulation Honorary Center Notary Association of Indonesia Number 1 of 2017 About The Limits of Fairness Total Creation Agreement in Semarang." Jurnal Akta 5, no. 3 (2018): 789. http://dx.doi.org/10.30659/akta.v5i3.3261.

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The purpose of writing article is to know and the Honorary Board of Indonesian Notary Association Center for the Determination of Regulation No. 1 of 2017 on the Fairness Limit Per day Total Creation Agreement. This research methods to achieve the objectives of law is the law of sociological or empirical research. Results of the research which set the contents of regulation on the restriction of the notary in the agreement a day in which a number of 20 (twenty) in a day. Destinations create those rules for protecting Notary and society who use the services of a Notary, in case the Honorary Boa

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15

Hirko, Sileshi B. "The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective." African Journal of International and Comparative Law 29, no. 2 (2021): 263–87. http://dx.doi.org/10.3366/ajicl.2021.0363.

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It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral

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16

Garrett, Brandon, and Christopher Slobogin. "The Law on Police Use of Force in the United States." German Law Journal 21, no. 8 (2020): 1526–40. http://dx.doi.org/10.1017/glj.2020.92.

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AbstractRecent events in the United States have highlighted the fact that American police resort to force, including deadly force, much more often than in many other Western countries. This Article describes how the current regulatory regime may ignore or even facilitate these aggressive police actions. The law governing police use of force in the United States derives in large part from the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. As construed by the United States Supreme Court, the Fourth Amendment provides police wide leeway in

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17

Ullrich, Hanns. "Private Enforcement of the EU Rules on Competition – Nullity Neglected." IIC - International Review of Intellectual Property and Competition Law 52, no. 5 (2021): 606–35. http://dx.doi.org/10.1007/s40319-021-01054-w.

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AbstractPrivate enforcement of the European Union’s rules on competition (Arts. 101, 102 TFEU) has become prominent as a counterpart to their public enforcement. Mostly, it is identified with tort actions brought under EU-harmonized national law by individuals claiming compensation for the harm suffered from anticompetitive agreements or practices. However, claims for compensation represent imperfect sanctions for the infringement of the competition rules because they are brought only once the damage is done and at a time when the conditions of competition may have changed. Typically also, suc

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18

Zubchenko, Serhii. "Coronaviruses of Global Irresponsibility: New Old Threats to National Resilience Amid Chronic International Problems." Diplomatic Ukraine, no. XXI (2020): 822–34. http://dx.doi.org/10.37837/2707-7683-2020-42.

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The article analyses some international political aspects of the COVID-19 pandemic as well as changes in the security environment due to the global spread of the coronavirus infection. The problem areas of national and international anti-epidemic measures are outlined. The author provides specific examples of malicious instrumental usage of COVID-19 by Russia to further destabilise the international legal order and achieve its foreign policy goals running the gamut from large-scale ‘active measures’ in the information space (in particular, to lobby the easing of sanctions for the illegal annex

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19

Brown, Elizabeth, and Amy Smith. "Challenging mass incarceration in the City of Care: Punishment, community, and residential placement." Theoretical Criminology 22, no. 1 (2017): 4–21. http://dx.doi.org/10.1177/1362480616683794.

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Challenges to mass incarceration often come from places seeking to bolster “community” sanctions and community-based alternatives to punishment. In the City of Care, local community activists challenged growing rates of juvenile incarceration and the overrepresentation of youth of color in juvenile detention by advocating for a community-based “circle of care”. These efforts resulted in the local juvenile court embracing the “least restrictive interventions”. In cases where juveniles could not be helped “in the community”, residential placement replaced the practices of sending young people to

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20

Kanetake, Machiko. "The Interfaces between the National and International Rule of Law: The Case of UN Targeted Sanctions." International Organizations Law Review 9, no. 2 (2012): 267–338. http://dx.doi.org/10.1163/15723747-00902001.

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The interfaces between national and international law have significantly evolved due to subject-matter overlap between national and international law. The restriction of governmental authority by the ‘rule of law’ is no exception in this regard. International scholarship has so far largely examined the national reception of the international rule of law. Much less recognised is the international perspective: namely, as to how the international rule of law understands, accepts, or resists the national rule of law. This paper examines the international reception of national rule of law practices

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21

Dimovski, Darko, and Ivan Milić. "Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia." Zurnal za bezbjednost i kriminalistiku 2, no. 1 (2020): 35–45. http://dx.doi.org/10.5937/zurbezkrim2001035d.

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As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibit

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22

Gabov, Andrey V. "Exemption of a joint stock company from the obligation to provide information to a shareholder." Law Enforcement Review 4, no. 3 (2020): 103–22. http://dx.doi.org/10.24147/2542-1514.2020.4(3).103-122.

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The subject of research. Issues concerning the exercise of the right of shareholders to receive information are analyzed. The focus is on the issues of exemption of a joint-stock company from providing information. The development of the institute of the information provision to shareholders by joint stock companies are consistently analyzed. The main trends in the development of this institute are shown: gradually narrowing the ability of shareholders to exercise their right to receive information through such means as restriction, differentiation and exemption from providing information. Spe

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23

Sanchez, Lisa E. "Boundaries of Legitimacy: Sex, Violence, Citizenship, and Community in a Local Sexual Economy." Law & Social Inquiry 22, no. 03 (1997): 543–80. http://dx.doi.org/10.1111/j.1747-4469.1997.tb01081.x.

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Studies of prostitution have overlooked the role of law in constituting the identities and sexual practices of women in the sex trade and defining the boundary between legitimate and illegitimate violence in the sexual economy. Drawing on field work with sex trade participants in a northwestern United States city, this paper explores how the cultural logic of modern liberal law shapes women's identities and interpretations of their actions. In positioning women in the sex trade as “sexual outlaws” to be managed and subjected to the full scope of legal authority, the law simultaneously limits w

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24

Schmidt, Carl-Christian. "Economic Drivers of Illegal, Unreported and Unregulated (IUU) Fishing." International Journal of Marine and Coastal Law 20, no. 3 (2005): 479–507. http://dx.doi.org/10.1163/157180805775098630.

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AbstractIUU fishing is an activity driven by economic factors, that is, the IUU fisher's expected net benefit. When expected net benefit is positive, the activity will continue somewhere, somehow. This underscores the importance of co-operation, international and regional, to ensure that the expected benefits from IUU activities are reduced by making sure potential loopholes are identified and fixed.OECD work on IUU fishing activities focuses on identifying new strategies that are based on the economics of the IUU activity. A number of key economic, institutional and social drivers have been i

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25

Kameneva, A. N. "Socially Dangerous Consequences in the Norms on Economic Crimes: Problems of Recognition in the Law." Lex Russica, no. 5 (May 20, 2020): 53–63. http://dx.doi.org/10.17803/1729-5920.2020.162.5.053-063.

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The paper investigates the normative regulation of socially dangerous consequences of economic crimes set forth in Chapter 22 of the Criminal Code of the Russian Federation. A legislative structure of economic crimes is rather heterogeneous. Some of them are determined as formal (registration of illegal transactions with real estate — Art. 170; illegal organization and conduct of gambling — Art. 171.2, etc.); others are defined as economic (illegal obtaining of credit — Art. 176; abuse of securities issue — 185, etc.); and the third are defined as formal economic (illegal entrepreneurship — Ar

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26

Lemdjo, Franck Maxime Yankam. "The Political Prohibition Clause of the World Bank Charter and the Legal Implications for the Fight against Corruption in Africa." Journal of Sustainable Development Law and Policy (The) 11, no. 2 (2021): 382–406. http://dx.doi.org/10.4314/jsdlp.v11i2.5.

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Article 4(10) of the World Bank Articles of Agreements (hereafter referred the World Bank Charter) adopted in 1944 prohibits World Bank staff from taking political factors into account in their operations and loans decisions for projects of development. Article 4(10) has been at the heart of a sound debate that is reviewed in this paper in relation to human rights and corruption. The discussion is a step further of the colloquium referred as the “Justice and Development Week” organised in November 2010 by the World Bank Legal Vice Presidency Law held in Washington- USA. The purpose of that int

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Болтанова, Елена, and Elena Boltanova. "Legal Liability for Land Offences." Journal of Russian Law 2, no. 12 (2014): 0. http://dx.doi.org/10.12737/6590.

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Though the term «infringement of the land law» is quite broadly used both in the practical legislation and in the theory of law, the definition of the term is quite disputable. The same is true regarding the types of responsibility that the infringement can generate. The article is aimed at defining the term and the notion of the infringement of the land law and at the substantiating of the various types of responsibility for the infringement. Acting norms of law of Russia, practical legal cases, scientific, academic and other publications constitute the empiric data for the research. The meth

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28

Crosby, Kevin. "Restricting the Juror Franchise in 1920s England and Wales." Law and History Review 37, no. 1 (2019): 163–207. http://dx.doi.org/10.1017/s0738248018000639.

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This article argues that the juror franchise became more restrictive in the years immediately after the Sex Disqualification (Removal) Act 1919 had broadened the jury franchise so as to include some women. It argues that the subsequent restrictions on the jury franchise have not standardly been discussed in the literature on the twentieth century jury because of the lengths taken at the time to present these reforms as merely technical in nature. Only six months after the 1919 Act was passed, a dispute broke out at the Western assize circuit regarding the practice–apparently sanctioned in the

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Sucevic, Radmila. "Legal regulation of domestic violence in Croatia." Temida 6, no. 2 (2003): 61–65. http://dx.doi.org/10.2298/tem0302061s.

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Family Law passed in 1998 introduced the term domestic violence for the very first time in Croatian legal system. Article 118 of this Code contains explicit ban of if violent behavior of a spouse or other adult family member. Violation of this ban is, according to the article 362, a misdemeanor, and the sanction is up to 30 days of imprisonment. Article 118 is placed under section of parental care, subsection is Protection of rights and welfare of a child and minors. Entering article regarding family violence into this section and connecting violent behavior only to a spouse or other adult fam

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Puchkov, Vladislav O. "THE POSTMORTEM TRANSFER OF DIGITAL OBJECTS: A USER AGREEMENT VS NATIONAL INHERITANCE LAW." Law of succession 3 (October 8, 2020): 17–23. http://dx.doi.org/10.18572/2072-4179-2020-3-17-23.

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The article reviews the issue of the correlation of rules for the postmortem transfer of digital objects established by user agreements of online communities as public agreements on the one hand and national inheritance law on the other hand. Essentially, the problem is that the case law of the Supreme Court of Russia de facto sanctions contractual restriction of inheritance even in cases not directly stipulated by law. Such restriction is imperatively stipulated in the majority of user agreements. The author concludes that three approaches to the determination of the essence of a legal relati

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Teymurov, Elvin, and Yaroslav Sergeevich Kozheurov. "Organizational-legal models of international scientific and technical cooperation on the creation and utilization of global research infrastructure in the nuclear sphere." Международное право и международные организации / International Law and International Organizations, no. 3 (March 2020): 21–36. http://dx.doi.org/10.7256/2454-0633.2020.3.33961.

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Legal science is facing the relevant task of studying the existing legal forms and models of international scientific and technical cooperation on creation and utilization of global research infrastructure in the nuclear sphere, as well as determining their flaws and merits, capacity of implementation and adjustment to the &ldquo;mega-science&rdquo; projects in the Russian Federation. The key factors in determining legal aspects of creation and utilization of the global research infrastructure are the following: organizational-legal framework (establishment of an independent subject or

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SICHKO, Dmytro. "Legal basis and directions of improving the corporate responsibility." Economics. Finances. Law, no. 5 (May 26, 2021): 16–20. http://dx.doi.org/10.37634/efp.2021.5.4.

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The paper examines the current state of legal regulation of corporate responsibility, identifies prospects for reforming the institution of corporate responsibility to ensure compliance with corporate rights. In particular, it was found that a corporate agreement creates a different nature of the relationship (both mandatory and corporate), it has a binding nature, so in case of violation may be applied civil liability for failure or improper performance of obligations. At the same time, corporate responsibility differs from civil law (classical) liability in the circle of responsible persons,

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EVANS, MALCOLM D. "‘All the Perfumes of Arabia’: The House of Lords and ‘Foreign Torture Evidence’." Leiden Journal of International Law 19, no. 4 (2006): 1125–44. http://dx.doi.org/10.1017/s0922156506003773.

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Although the House of Lords has now made it clear that evidence obtained by means of torture conducted abroad by non-UK nationals is inadmissible in judicial proceedings in the United Kingdom, the position remains unsatisfactory. Restrictive approaches have been taken to many of the key issues, suggesting that there is still considerable scope for the use of evidence which is brought to light as a result of forms of ill-treatment which violate human rights standards. Moreover, the use of ‘foreign torture evidence’ by the executive is expressly sanctioned. Even if this strikes an appropriate ba

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Lintonen, Tomi, Suvi Ahtinen, and Anne Konu. "Alcoholic beverage preferences among teenagers in Finland before and after the 2018 alcohol law change." Nordic Studies on Alcohol and Drugs 37, no. 2 (2020): 141–52. http://dx.doi.org/10.1177/1455072520910547.

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Aims: The alcohol law change in Finland in the beginning of 2018 was forecast to shift alcohol sales from alcohol monopoly stores to grocery stores. The trend of declining adolescent alcohol use was predicted to end. This study aimed to provide a more detailed view on under-age drinking change through analysing alcoholic beverage use preferences among 14 and 16 year olds in Finland from 2017 to 2019. Methods: Nationally representative surveys of adolescent health behaviours in Finland from 2017 ( n = 2451) and 2019 ( n = 2119) among 14 and 16 year olds were analysed using cross-tabulations and

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Beljanski, Slobodan. "Legal and political aspects of avoiding the conflict of interests." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 97–111. http://dx.doi.org/10.5937/gakv0603097b.

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In the paper author analyzes normative, political and social suppositions for the prevention of conflict of interests. The reason is the first Serbian Law for the Prevention of Conflict of Interest passed on April 20th 2004. and the practice of the Republic Committee for Deciding on the Conflict of Interests which acts from 18. January 2005. Author considers that in the same way the conflict between public and private interests is relevant as well as the conflict inside public interest, where the cumulation of functions can endangered the public well-being, founded on the goal that every publi

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Kursa, Sławomir Patrycjusz. "Repudium i jego skutki prawne w świetle kodyfikacji Justyniana." Czasopismo Prawno-Historyczne 64, no. 2 (2018): 61–81. http://dx.doi.org/10.14746/cph.2012.64.2.03.

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Among the allowable forms of termination of marriage in Justinian law were repudium and divortium. At the time of Christian emperors, however, under the influence of the views of the Christian Church, those practices were often criticised and there were attempts to limit, or restrict their use. The paper deals with repudium at the stage of codification. It must be said that at that stage Justinian did not introduce any radical changes to the existing foundations of the previous regulations. However, he distanced himself from the Church doctrine, and skilfully assessed the social expectations a

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Shylo, Iryna. "Criminal-legal description of penalties imposed for criminal offenses." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 356–61. http://dx.doi.org/10.31733/2078-3566-2020-4-356-361.

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The criminal-legal characteristic of the punishment provided for criminal offenses is given. It is determined what punishments can be applied by the court as the main and additional. The size of the main punishments in the form of fines, community service, correctional labor, arrest, restriction of liberty, deprivation of the right to hold certain positions or engage in certain activities, service restrictions for servicemen, detention in a disciplinary battalion were analyzed. Taking into account the provisions of the Law on Criminal Liability, the general principles of sentencing by a court

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Dünkel, Frieder, and Dirk van Zyl Smit. "Preventive Detention of Dangerous Offenders Re-examined: A Comment on two decisions of the German Federal Constitutional Court (BVerfG – 2 BvR 2029/01 of 5 February 2004 and BVerfG – 2 BvR 834/02 – 2 BvR 1588/02 of 10 February 2004) and the Federal Draft Bill on Preventive Detention of 9 March 2004." German Law Journal 5, no. 6 (2004): 619–37. http://dx.doi.org/10.1017/s207183220001275x.

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Preventive detention is, together with life imprisonment, the harshest sanction in German criminal law. In the form of a “measure for improvement and security” of indeterminate duration, preventive detention potentially may be enforced until the death of the offender. Such a measure may be imposed together with a term of imprisonment on offenders regarded as dangerous and implemented after the fixed term of imprisonment has been served. The history of this provision goes back to a Nazi law against habitual criminals that was enacted in 1933 and retained after the end of the Second World War. I

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Lim, Sung Hoon. "Judicial review on the restriction of participation in tendering procedures based on contract – Focusing on the poetic search for the application of administrative law to civil sanctions of public institutions –." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 31, no. 2 (2020): 191–226. http://dx.doi.org/10.34267/cblj.2020.31.2.191.

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Silaeva, V. A. "Evolution of European Sanctions: From Individual Measures to Consolidated Policy." Journal of International Analytics, no. 2 (June 28, 2018): 19–27. http://dx.doi.org/10.46272/2587-8476-2018-0-2-19-27.

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In modern world, as more and more states are reluctant to apply direct military force, the role of non-military instruments of coercion such as economic sanctions augments in international relations. In recent years economic sanctions have become firmly anchored in the system of European instruments of foreign policy. Although their implementation and monitoring still requires substantial improvements, progress and high level of consolidation can be witnessed on several recent examples. The article focuses on the evolution of the institutional basis and the mechanisms of coordination of the Eu

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Reuter, Alexander. "EU Corporate Fines Hit the Wrong and Fail their Purpose: Empirical Considerations and their Consequences from the Perspective of Shareholders‘ Fundamental Rights." European Criminal Law Review 10, no. 3 (2020): 365–94. http://dx.doi.org/10.5771/2193-5505-2020-3-365.

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Corporate fines are imposed on companies and geared to, and meant to hit, the company, not the acting managers. While corporate fines leave the simultaneous enforcement against individual managers by fines (or other sanctions) unaffected, their size tends to move them in the foreground of law enforcement: Law enforcers, public treasurers and media are attracted by large figures. In addition, under EU law the Commission can impose fines, notably fines for EU competition law infringements, on companies only, not on individual managers. Over the last years, the amounts of national and EU corporat

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Kudryashov, Vladislav V. "The Legal Capacity of International Financial Institutions: Advice on Financial Stability." Financial law 10 (October 8, 2020): 3–6. http://dx.doi.org/10.18572/1813-1220-2020-10-3-6.

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The article discusses the legal status of one of the key international financial organizations — the Financial Stability Board (FSB). The relevance of the topic is due to the expansion of the policy of restrictive measures of Western States against other sovereign States through the involvement of international financial organizations in the sanctions campaign. The study of the legal nature of restrictive measures of international financial organizations, possible types and methods of their application, mechanisms and procedures for making sanctions decisions is also relevant because these mea

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Ayunita, Komang Triana, Ida Ayu Putu Widiati, and I. Nyoman Sutama. "Pengendalian Alih Fungsi Lahan Pertanian Pangan Berkelanjutan." Jurnal Konstruksi Hukum 2, no. 1 (2021): 160–64. http://dx.doi.org/10.22225/jkh.2.1.2987.160-164.

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Indonesia is a country consisting of various islands with an incomparable natural beauty. One of natural charm in Indonesia is green area is rice field. A place where tourists capture photos of those who are amazed by the charm of the rice fields but the more days are increasingly ennoed by the era where the rice field now switches the function of green area into a factory area, housing to the convenience store. The desire of every individual who increasingly wants the day to be more successful but forget how important green sans make the government set a regulation of the restriction of land

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Radonna, Sutan Surya, Dadang Suprijatna, and J. Jopie Gilalo. "IMPLEMENTATION OF LEGAL ASSISTANCE IN CRIMINAL CASES IN CIBINONG DISTRICT COURT." DE RECHTSSTAAT 4, no. 1 (2018): 81–92. http://dx.doi.org/10.30997/jhd.v4i1.1239.

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Legal aid is a legal sevice program provided to alleviate the burden of life for people who cannot afford financially, and is also useful to create justice and legal protection to society. This legal research is an empirical legal research or descriptive field research. The research is located at Cibinong District Court. Data collection techniques were conducted through interviews with Cibinong District Court judges and literature studies in the form of books, legislation, journals, etc. to support comprehension and completeness of data or materials. Problems in this Research are about impleme

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Mamedov, R. Sh, and V. A. Morozov. "The Impact of U.S. and UN Sanctions on Iraqi Political Elite." MGIMO Review of International Relations 13, no. 1 (2020): 129–46. http://dx.doi.org/10.24833/2071-8160-2020-1-70-129-146.

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The problem of sanctions effectiveness as a means of a regime change is one of the key issues for researchers in the field of sanctions policy. The case of U.S. and UN sanctions against Iraq is one of the most vivid examples of how sanctions can be effective in terms of limiting the undesirable international behavior of a country, while failing to instigate a regime change and severely hampering the social and economic conditions for general population. The article discusses the dynamics of restrictive measures against Iraq during Saddam Hussein regime, the problems of regimes adaptation to in

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Kochler, Hans. "Sanctions and International Law." International Organisations Research Journal 14, no. 3 (2019): 27–47. http://dx.doi.org/10.17323/1996-7845-2019-03-02.

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Hopkins, Bruce R. "Intermediate sanctions become law." Nonprofit Counsel 13, no. 9 (1996): 1–2. http://dx.doi.org/10.1002/npc.3870130901.

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Moran, Matthew, and Daniel Salisbury. "Sanctions and the insurance industry: challenges, risks and opportunities." Business and Politics 16, no. 3 (2014): 429–51. http://dx.doi.org/10.1515/bap-2014-0004.

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Scholars and policymakers tend to see economic sanctions as an important tool of coercive diplomacy, even if the effectiveness of sanctions in changing the policies of target states remains highly contested. Though much of the research on sanctions focuses on their effects at the state level, this article argues that analyzing their effectiveness must begin with the industrial sectors they are meant to affect. Through analysis of restrictive measures currently in place against Iran, this article explores the impact of sanctions at the working level within the insurance industry, drawing on qua

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Helwig, Niklas, Juha Jokela, and Clara Portela. "EU-Sanktionspolitik in geopolitischen Zeiten: Europas schärfstes Außeninstrument und seine Herausforderungen." integration 43, no. 4 (2020): 278–94. http://dx.doi.org/10.5771/0720-5120-2020-4-278.

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Sanctions are one of the toughest and most coercive tools available to the European Union (EU). They are increasingly used in order to respond to breaches of international norms and adverse security developments in the neighbourhood and beyond. However, the EU sanctions policy is facing a number of challenges related to the efficiency of decision-making, shortcomings in the coherent implementation of restrictive measures, as well as the adjustments to the post-Brexit relationship with the United Kingdom. This article analyses these key challenges for EU sanctions policy. Against the backdrop o

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Borlini, Leonardo, and Stefano Silingardi. "Defining Elements and Emerging Legal Issues of eu “Sanctions”." Italian Yearbook of International Law Online 27, no. 1 (2018): 33–52. http://dx.doi.org/10.1163/22116133-02701003.

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With some 40 different types of restrictive measures in force, the European Union is undisputedly one of the major protagonists of today’s sanction regimes. Measures such as selective trade embargos, asset freezes and travel bans have been adopted by the EU not only to implement Security Council mandated sanctions, but also in addition to (as with Iran and North Korea) or in the absence of UN action (as with Syria and Russia). Further, EU recent practice evidences that sanctions (Myanmar and Zimbabwe) have served the EU and its member states’ own interests also with the view to promoting (the

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