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Journal articles on the topic 'Subject To Liability'
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1
Akramov, J. D., and Kh N. Tukhtaboev. "CONCEPTS, TYPES AND BASES OF OFFENSES AND LEGAL LIABILITY." Oriental Journal of History, Politics and Law 01, no. 01 (2021): 14–18. http://dx.doi.org/10.37547/supsci-ojhpl-01-04.
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This article discusses the concept and types of offenses, the concept, types and bases of legal liability. The article covers the following topics; legal behavior, its bases, forms, active legal behavior, ordinary legal behavior, weak legal behavior objects, subjects are covered. On the subject of offense; issues such as what the offense is, its main features, objects, subjects of the offense, revenge, negligence, crime, misdemeanor. On the subject of legal responsibility- about the types of liability, its signs, types of legal liability, ie criminal liability, civil liability, administrative liability, signs of disciplinary liability, legality, fairness, inevitability of liability in case of violation, individuality issues such as In the coverage of these topics, drawings on these topics, questions on the topic, terms are also mentioned.
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李, 霞. "Subject: The Liability of Bill Guarantor." Open Journal of Legal Science 08, no. 03 (2020): 502–6. http://dx.doi.org/10.12677/ojls.2020.83071.
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Retnowinarni, Rini. "PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI DI INDONESIA." Perspektif Hukum 19, no. 1 (2019): 82. http://dx.doi.org/10.30649/phj.v19i1.192.
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<em>Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.</em>
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Zalcmane, Karina, and Marina Kameņecka-Usova. "Whether Sports Liability is an Independent Type of Legal Liability." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 20 (2021): 255–67. http://dx.doi.org/10.25143/socr.20.2021.2.255-267.
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Sport law as a highly developed complex branch of law regulates legal relations related to the subject of the different branches of law. Liability for violation of rights, non-performance or improper performance of duties is the basis of criminal, administrative, disciplinary and civil liability. However, there is another type of liability and sanctions provided for violation of sport rules. Nevertheless, no commonly accepted opinion has still been formed whether sports liability is a new type of legal liability or not. Therefore, the aim of the research paper, through general scientific methods (monographic method, analytical method, historical method, comparative method, induction deduction) and methods of interpreting legal norms (grammatical, historical, teleological and systemic methods) is to determine the concept and content of sport liability. To reach the proposed aim, the authors of the study have formulated the concept and signs of sports liability, determined the types of a sports offense, analysed non-standard cases that outside the sports industry would not be subject to any liability and have identified main types of sports sanctions.
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Pugina, O. A., and A. A. Korobova. "The State as a Subject of Legal Liability." Pravo: istoriya i sovremennost', no. 4 (2019): 018–26. http://dx.doi.org/10.17277/pravo.2019.04.pp.018-026.
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Abzalova, Khurshida Mirziyatovna. "Subject Of A Crime Under French Criminal Legislation." American Journal of Political Science Law and Criminology 03, no. 01 (2021): 63–68. http://dx.doi.org/10.37547/tajpslc/volume03issue01-10.
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This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.
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Sheirenov, Zhanatbek Nurlanovich. "Grounds for finding a legal entity to be the subject of criminal liability for corruption crimes." Право и политика, no. 7 (July 2020): 92–104. http://dx.doi.org/10.7256/2454-0706.2020.7.32962.
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The object of this research is the question of criminal liability of a legal entity for corruption crimes. The subject of this research is the theoretical views of the scholars upon legal nature of a legal entity, as well as the experience of foreign countries in which legal entity is a subject of criminal liability. The author explores the field experience of foreign countries, in which legislation establishes the institution of collective liability for socially dangerous acts committed by private entities. The article also analyzes different perspectives of Russian scholars upon the nature of collective institution and its vicarious liability for the acts of private entities. The scientific novelty consists in turning attention to the fundamentals of the theory and other branches of law, in which a legal entity is full subject of legal relations, and along with the rights and responsibilities, possesses a tort law&rsquo;s capacity. It is concluded that legal entity has all essential characteristics of the subject of law for its recognition as a subject of criminal liability. The author also notes the effectiveness and necessity of the institution of legal liability of a legal entity in the national legislation as a productive criminal law instrument for countering corruption. &nbsp;
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FOLEY, D. L., M. C. NEALE, and K. S. KENDLER. "Genetic and environmental risk factors for depression assessed by subject-rated Symptom Check List versus Structured Clinical Interview." Psychological Medicine 31, no. 8 (2001): 1413–23. http://dx.doi.org/10.1017/s0033291701004755.
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Background. It is not known if a subject's characteristic level of self-rated depression symptoms index their genetic or environmental liability to major depressive disorder when measurement error and other occasion-specific influences are taken into account.Method. Monozygotic (N = 408) and dizygotic (N = 295) adult female twin pairs from a population-based registry were surveyed twice with an average follow-up interval of 61 months. At each occasion subjects completed a structured clinical interview (SCID) to assess lifetime history of major depression and the subject-rated Symptom Check List (SCL) to assess current level of depressive symptomatology. A bivariate measurement model was used to estimate the genetic and environmental correlations between liability to reliably diagnosed lifetime history of major depression and the characteristic or temporally stable SCL depression score.Results. The genetic and non-familial environmental correlation between liability to reliably diagnosed major depression and the characteristic level of SCL depression symptoms (and the proportion of variance shared between measures) is +0·70 and +0·24 respectively.Conclusions. When allowance is made for diagnostic unreliability and temporal fluctuations in the level of subject-rated symptoms, 70% of the variance in genetic risk factors and 24% of the variance in environmental risk factors is shared by a diagnosis of lifetime major depression and total SCL depression symptom score. SCL depression scores may therefore be a useful screening measure for many of the genetic risk factors which influence liability to major depression.
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Садовенко, А. І. "Administrative and Legal Liability of Entities Providing Cosmetological Services in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 154–61. http://dx.doi.org/10.32631/v.2020.3.16.
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The problematic issue of legislative regulation of cosmetological activities in Ukraine, which concerns the subjects of providing cosmetological services and liability for the violation of their professional duties, has been studied. The author has offered own definition of the term of “administrative liability in the field of providing cosmetological services”. It has been established that administrative liability in the studied area arises on the basis of the commission of a tort by a specific subject. The classification of administrative liability in the field of providing cosmetological services, depending on the subject of the tort, has been accomplished. The author has offered to consider a person who provides assistance aimed at improving a person’s appearance, treatment or masking the defects in appearance in order to change the psychophysical condition of a person and meet his aesthetic needs as a subject of providing cosmetological services. It has been determined that the improvement of administrative legislation in the field of providing cosmetological services in Ukraine should be understood as the development of theoretical and practical areas of capacity building for further development of this phenomenon and the settlement of disputes that arise by revising, repealing or creating regulatory acts in this sphere. The necessity of codification of the legislation on the provision of cosmetological services has been substantiated. The existing theoretical provisions have been summarized and a new solution to the scientific problem of improving the administrative and legal liability of the entities providing cosmetological services in Ukraine has been suggested. It has been clarified that it is important to establish the basic requirements for the procedural aspects of providing medical and cosmetological services, for updating administrative legislation in this part, as well as the definition and consolidation of administrative and legal liability of entities providing cosmetological services in Ukraine.
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Suhariyanto, Budi. "PUTUSAN PEMIDANAAN TERHADAP KORPORASI TANPA DIDAKWAKAN DALAM PERSPEKTIF ”VICARIOUS LIABILITY”." Jurnal Yudisial 10, no. 1 (2017): 17. http://dx.doi.org/10.29123/jy.v10i1.68.
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ABSTRAKKorporasi telah ditetapkan sebagai subjek tindak pidana, maka terhadapnya dapat dituntutkan pertanggungjawaban pidana. Sebagai subjek hukum, korporasi juga ditentukan mekanisme pemidanaannya mulai dari proses penyidikan, penuntutan, dan pemeriksaan di sidang pengadilan. Mahkamah Agung dalam Putusan Nomor 2239 K/PID.SUS/2012 mengesampingkan prosedur hukum acara dengan menjatuhkan putusan pemidanaan terhadap korporasi tanpa didakwakan. Permasalahannya bagaimanakah eksistensi pemidanaan korporasi menurut hukum acara pidana di Indonesia, dan bagaimanakah pemidanaan korporasi dalam praktik penegakan hukum, serta bagaimana putusan pemidanaan terhadap korporasi tanpa didakwakan dalam perspektif vicarious liability? Metode penelitian normatif digunakan untuk menjawab permasalahan ini. Terdapat tiga pendekatan untuk mengkaji permasalahan yaitu pendekatan perundang-undangan, pendekatan kasus, dan pendekatan konseptual. Metode analisis yang diterapkan untuk mendapatkan kesimpulan atas permasalahan yang dibahas adalah melalui analisis yuridis kualitatif. Dari hasil pembahasan dapat disimpulkan bahwa dalam perspektif vicarious liability, korporasi dapat dipertanggungjawabkan atas perilaku seseorang yang secara personifikasi mewakili korporasi sehingga dapat dijatuhkan putusan pemidanaan.Kata kunci: putusan pemidanaan, pemidanaan korporasi, vicarious liability.ABSTRACTA corporation has been set as the subject of criminal offense, and so criminal liability on this subject is enforceable by law. As the subject of law, a corporation has its own mechanism in term of criminal liability, starting from investigation process, prosecution and examination before trial. The Supreme Court Decision Number 2239 K/PID.SUS/2012 overruled the ordinances of the procedural law by imposing a sentencing decision against a corporation without charges. The problems are: how does the corporate criminal liability exist according to the criminal procedural law in Indonesia, and how is the corporate criminal liability implemented in the practices of law enforcement, as well as how is the corporate criminal liability without charges examined through the perspective of vicarious liability? Normative research method is applied in responding to this problem. Three approaches to examine these problems are the statutory regulations, the case-based, and conceptual approaches. The analytical method applied to come to the conclusion of the issues discussed is through the qualitative juridical analysis. The results of discussions deduce that in the perspective of vicarious liability, a corporation is liable for the criminal conduct of a person who is in personification of the corporation and may be subject to corporate criminal liability.</p>Keywords: sentencing decision, corporate criminal liability, vicarious liability.
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Medar, Suzana. "The conception of legal responsibility in the opus of Hans Kelsen and Toma Živanović." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 101–17. http://dx.doi.org/10.5937/zrpfn0-28657.
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The concept of legal responsibility (liability) implies a violation of the dispositive norm and subjecting the offender to envisaged sanctions. Legal responsibility is based on three key elements: the subject, the object, and the legal grounds of responsibility. The legal state (Rechtsstaat) is inconceivable without responsibility, which is present in all areas of law. In constitutional law, it is reflected in the legal and political responsibility of the state authorities. Civil and criminal liability differ in terms of sanctions. In civil law, there is subjective liability based on culpability and objective (strict) liability. As a consequence of committing a crime, criminal liability includes two elements: sanity and guilt. While guilt is a subjective element of a crime which cannot be avoided, criminal liability can be avoided. According to Kelsen, the subject of legal responsibility and the legal obligation are equivalent. He distinguishes between subjective liability based on culpability and absolute (objective) liability. This distinction rests on the individualistic ideal of justice. Logically, the sanctions also differ in these two cases. Kelsen also recognizes collective responsibility (especially of legal entities), which is always absolute. In civil law, the subject of obligation and the subject of liability correspond. Živanović provides detailed accounts on the concepts of delict, delinquent, and sanction. According to Živanović, a delict (in all branches of law) is a violation or endangerment of a subjective right. A delinquent, i.e. the infringer of legal norms, is the object of sanction. In analyzing the concept of sanction, he identifies seven distinctive elements of a sanction. The comparison of Kelsen and Živanovic's conceptions of legal responsibility yields notable results. Both authors were aware of many aspects of legal responsibility. In spite of the obvious terminological differences, they essentially discuss the same legal issues. When observed jointly, these two authors provide a wide-branching "scheme" of both legal responsibility in general and area-specific liability in particular.
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Kalenichenko, L. I., and D. V. Slynko. "The procedural component of legal liability." Bulletin of Kharkiv National University of Internal Affairs 83, no. 4 (2018): 11–18. http://dx.doi.org/10.32631/v.2018.4.01.
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The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state.
 It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct.
 Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability.
 It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability.
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Fedorov, Aleksandr V. "Criminal Liability for Drug Trafficking: Crime Object and Subject." Drug control 3 (September 14, 2017): 3–17. http://dx.doi.org/10.18572/2072-4160-2017-3-3-17.
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Sample, John. "Using subject matter experts to identify high-liability tasks." Performance + Instruction 34, no. 5 (1995): 34–37. http://dx.doi.org/10.1002/pfi.4170340509.
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Tereshina, Ekaterina V. "A Military Serviceman as a Subject of Administrative Liability." Military juridical journal 2 (February 4, 2021): 11–14. http://dx.doi.org/10.18572/2070-2108-2021-2-11-14.
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The concept and classification of subjects of administrative responsibility are considered. The article justifies the assignment of military men to the group of exceptional subjects of administrative responsibility, the characteristics of the features of administrative responsibility of military personnel are given.
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Khridochkin, Andrii. "Conceptual bases of administrative liability for intellectual property legislation offence in Ukraine." Administrative law and process, no. 1(20) (2018): 11–19. http://dx.doi.org/10.17721/2227-796x.2018.1.02.
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The conceptual bases of administrative liability for intellectual property legislation offence are revealed in the article. The existing legislative base providing administrative and legal protection of intellectual property in Ukraine is analyzed. Subjects of administrative and legal protection of intellectual property in Ukraine are defined. The competence of subjects of intellectual property administrative and legal protection is analyzed. Specific features of intellectual property as a subject of administrative and legal protection are characterized. It is concluded that these features must be taken into account. The basis for administrative liability in the intellectual property sphere has been determined. The offence of an administrative violation in the intellectual property sphere is considered. Its objective (object and objective aspect) and subjective (subject and mental element) aspects are singled out. Characteristics of an administrative offence features in the intellectual property sphere are given, such as public harm, wrongfulness, guilt and punishability. The subject matter of an administrative offence in the intellectual property sphere has been determined. The author suggests ways to improve the administrative and legal liability for offenses in the sphere of intellectual property. Measures are proposed to strengthen coherency and coordination of the activities of entities engaged in administrative and legal protection of intellectual property in Ukraine. It is proposed to focus on preventive work with a view to preventing administrative legislation offence in the intellectual property sphere.
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İlham qızı Cəfərova, Aytac. "The concept and basis of responsibility in international cargo transportation by sea." SCIENTIFIC WORK 67, no. 06 (2021): 85–90. http://dx.doi.org/10.36719/2663-4619/67/85-90.
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The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law
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ARAUJO TEIXEIRA DA SILVA, RAPHAELA. "A RESPONSABILIDADE CIVIL DO ESTADO POR DANOS DECORRENTES DE ATOS JUDICIAIS." Revista Científica Semana Acadêmica 9, no. 210 (2021): 1–24. http://dx.doi.org/10.35265/2236-6717-210-9238.
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The civil liability of the State for damages resulting from judicial acts is a subject much debated in the scope of jurisprudence and doctrine. As it is known the discussion on the civil liability of the State is old and extends to the present day, throughout history an attempt has been made to analyze the breadth of this type of liability and its impacts on society, and with the damages arising from non-judicial acts it was different. Although the institute of civil liability is comprehensive, this work will restrict itself to the discussion around the possibility of state liability in indemnity actions arising from judicial acts, whether due to judicial acts or judicial acts, will present favorable arguments and unfavorables present in the doctrine and jurisprudence on the subject, as well as the analysis in the concrete case of an action for damages.
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Starovoytova, A. S. "Recognition of right as a way to protect liability rights." Actual Problems of Russian Law, no. 2 (February 1, 2019): 76–84. http://dx.doi.org/10.17803/1994-1471.2019.99.2.076-084.
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The article substantiates the conclusion that recognition of the right is a universal way of protection of civil rights. This method of protection can be applied to liability rights. The article reveals the practical application of recognition of right as a way of protecting liability rights. The author states that the requirement to recognize the contract as concluded is a claim to recognize the obligations legal relationship. The structures similar to the recognition of liability rights are analyzed and the conclusion that such requirements are not claims for recognition, but are claims for award is reasoned. Claims for recognition of obligations are recommended to be divided into positive and negative. Particular attention is given to the legal design of the claim on recognition of obligations rights. In particular, the issues of the subject of the claim, its subjects, the conditions of presentation and satisfaction of the claim were considered. The claim for recognition of the right of obligation in its subject matter should be qualified as a requirement for confirmation of legal relationship.
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Bakumov, O. S. "Ensuring the State’s Legal Liability is the Key Challenge of Legal Reform in the Modern Ukraine." Bulletin of Kharkiv National University of Internal Affairs 85, no. 2 (2019): 21–30. http://dx.doi.org/10.32631/v.2019.2.02.
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Special attention has been paid to the fact that the doctrine of legal liability of the state to a person is increasingly affirmed in Ukraine as a theoretical basis for the functioning of state power in general and all its agencies in particular. However, despite the large number of scientific developments, the national legal science still can not boast of an unambiguous and generally recognized understanding of the essence of the phenomenon of legal liability of the state.
 It has been stressed that legal liability was interpreted for a long time as a kind of “continuation” of the state itself: in the context of the concept of state coercion means it was solely perceived as an instrument of state power for punishing offenders. However, such a concept denied the question about legal liability of the state itself as an equal personality of the subject of law.
 It has been stated that the phenomenon of legal liability of the state one can consider a certain continuation of the political and legal strategy on self-limitation of the state by law. Such liability is naturally considered a characteristic feature of the legal type of statehood, and it directly concerns only the democratic type of states. Instead, undemocratic states do not bear or acknowledge (or only declare) any real legal liability to society. Therefore, in terms of a democracy, the state is a real subject of liability to society, which is guaranteed on the normative and institutional levels.
 The current stage of development of the institution of legal liability of the state is characterized by the highest normative level of its institutionalization – constitutional one. This level ensures: 1) the irreversibility of the state’s course on the establishment of legal statehood; 2) fixing the starting, the main elements of the normative model of legal liability of the state; 3) completion of the registration of legal personality of the state in the modern world, which was incomplete without constitutional establishment of its legal liability; 4) the parity nature of the relations of the state with other subjects of law on the basis of a combination of dispositive and imperative, public and private components. The constitutional model of the state’s legal liability to a human being is based on the same principles in Ukraine. Such liability, in particular, is not limited to the political or moral liability of public authorities to society, but has the features of legal liability as applying measures of public and legal (constitutional or international) nature to the state and its agencies for the failure or improper performance of the duties.
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Danzon, Patricia M. "Liability for Medical Malpractice." Journal of Economic Perspectives 5, no. 3 (1991): 51–69. http://dx.doi.org/10.1257/jep.5.3.51.
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Physicians and other medical providers are subject to a negligence rule of liability. In a simple model, with perfect information and homogeneous physicians, a negligence rule of liability with an appropriately defined due care standard should induce complete compliance: there should be no malpractice, no malpractice claims, and no demand for malpractice insurance. The malpractice experience is seriously at odds with this prediction. First, what goes wrong? Second, if the system does indeed operate imperfectly, does it yield benefits in terms of injuries deterred that outweigh the high overhead costs of operating a liability system?
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Trapaidze, K. Z. "Perpetrator’s Age: A Condition or Grounds for Criminal Liability?" Actual Problems of Russian Law 16, no. 7 (2021): 136–44. http://dx.doi.org/10.17803/1994-1471.2021.128.7.136-144.
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The need for Article 19 of the Criminal Code of the Russian Federation, containing “general conditions of criminal liability“, is not specifically discussed in the literature. Meanwhile, in the Criminal Code of the Russian Federation (Art. 8) there is another, more widespread concept, namely “grounds for criminal liability”. This work aims at defining the correlation between these concepts. Using linguistic, comparative legal and historical legal methods, the author concludes that these concepts are identical. At the same time, the inclusion of mandatory component elements, such as subject of a crime, in the general conditions of criminal liability is capable of leveling the importance of corpus delicti as the only and sufficient basis for criminal liability. The paper formulates a proposal to abandon the concept of “general conditions of criminal liability” and to replace it in theory and practice, as well as in the title of Art. 19 of the Criminal Code of the Russian Federation with “features of a person subject to criminal responsibility”.
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Engsner, Hampus, Kristoffer Lindensjö, and Filip Lindskog. "The value of a liability cash flow in discrete time subject to capital requirements." Finance and Stochastics 24, no. 1 (2019): 125–67. http://dx.doi.org/10.1007/s00780-019-00408-0.
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Abstract The aim of this paper is to define the market-consistent multi-period value of an insurance liability cash flow in discrete time subject to repeated capital requirements, and explore its properties. In line with current regulatory frameworks, the presented approach is based on a hypothetical transfer of the original liability and a replicating portfolio to an empty corporate entity, whose owner must comply with repeated one-period capital requirements but has the option to terminate the ownership at any time. The value of the liability is defined as the no-arbitrage price of the cash flow to the policyholders, optimally stopped from the owner’s perspective, taking capital requirements into account. The value is computed as the solution to a sequence of coupled optimal stopping problems or, equivalently, as the solution to a backward recursion.
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PARAMUDHITA, H. Radea Respati, H. Sigid SUSENO, and Lies SULISTIANI. "Concept of Restitution Application as a Form of Corporate Criminal Liability in Law Enforcement towards Human Trafficking Criminal Act." Journal of Advanced Research in Law and Economics 11, no. 1 (2020): 156. http://dx.doi.org/10.14505//jarle.v11.1(47).19.
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This research aims to analyze: (1) the corporate liability as a law subject in terms of human trafficking criminal act; and (2) the concept of restitution application as a form of corporate criminal liability in the case of law enforcement towards human trafficking criminal act. This research is categorized as normative legal research through the statue and conceptual approaches. The result of the research found that: (1) in terms of criminal law, both seen from the Law of Human Trafficking or theories of corporate liability, corporate is one of law subject in terms of human trafficking criminal act whose liability can be asked regarding human trafficking criminal act. The corporate liability which conducts human trafficking criminal act can be determined through the fulfillment of general criminal liability terms (subjective terms) including the presence of liability, the presence of guilt both intentionally and negligence, and the absence of reasons to omit the criminal law. The form of liability of corporate criminal in terms of human trafficking criminal act can be decided precisely using vicarious liability; and (2) restitution application concept, as a form of corporate criminal liability in law enforcement towards the human trafficking criminal act so that justice principle, legal certainty and benefit for the victim of human trafficking. Therefore, the concept offered is first, fulfillment of material rights. Second, the availability of legal protection accompanied with its implementing which is a very urgent matter. Third, the availability of structure (in the form of institution/entity) and infrastructure is an essential thing in process managing, deciding and executing the human trafficking criminal act.
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MacReady, Norra. "Sperm is subject to product liability laws in the US." Lancet Oncology 10, no. 5 (2009): 451. http://dx.doi.org/10.1016/s1470-2045(09)70132-9.
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Siadrysta, Iryna. "Some problems of definition of a subject of shareholder liability." Entrepreneurship, Economy and Law, no. 12 (2020): 80–84. http://dx.doi.org/10.32849/2663-5313/2020.12.13.
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KARTASHOV, Mykyta. "Features of civil liability for environmental offenses." Economics. Finances. Law, no. 12/4 (December 29, 2020): 29–32. http://dx.doi.org/10.37634/efp.2020.12(4).7.
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The paper considers the question of the peculiarities of the regulation of civil liability for environmental offenses. A significant step forward in strengthening the importance of the institution of legal liability for environmental offenses in Ukraine was enshrined in the Concept of National Environmental Policy until 2020, the principle of “environmental responsibility, which requires liability for any violations of environmental legislation”. This principle, according to the above concept, is included in the list of fundamental principles on which the national environmental policy in Ukraine should be based. The purpose of the study is to define the concept of legal liability for environmental offenses, to establish its features, types and relationships with other concepts, to clarify the content of environmental offenses and ways to prevent its commission. Legal liability for environmental offenses is an important legal institution to ensure law and order in the field of ecology, environmental safety, protection of human rights and freedoms, which has both general features of legal liability, developed by theory, and specific features due to the subject of regulation. Liability for environmental offenses arises only due to the existence of such an environmental offense, which is characterized by a number of features and a special composition, which includes such mandatory elements as object, subject, objective and subjective side. The absence of these elements excludes grounds for liability. At the level of the application of liability to offenders, the state must address the issue of preventing the commission of these offenses. The causes and conditions of committing specific crimes or administrative offenses must be established and ways to reduce their number must be established. Civil liability is an important means of restoring violated rights and compensation for damage caused by the offense. Thus, environmental liability is a new independent type of legal liability, which has not yet been enshrined in law, but has already received the support of many legal scholars and is currently a promising area for the development of the institution of liability.
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Larina, Lyubov Yu, and Inga V. Pantyukhina. "TYPES OF LIABILITY IN THE MODERN RUSSIAN CRIMINAL LAWS." Russian investigator 10 (October 8, 2020): 56–60. http://dx.doi.org/10.18572/1812-3783-2020-10-56-60.
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The article substantiates the existence of criminal liability and other types of liability in the criminal legislation. The authors give a classification of types of criminal liability depending on the legal fact entailing responsibility and specific measures that make up the content of a particular type. It is proposed to distinguish two main types-primary and secondary responsibility, each of which is divided into separate varieties. They argue for the need to include in the criminal code of the Russian Federation rules on the responsibility of minors who are not subject to criminal liability; make predictions about the possibility of new measures of responsibility in criminal law. In view of the different types of liability, the question of liability of legal persons under criminal law could be considered differently.
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Orlicki, Marcin. "Motor Third-Party Liability of Personal Transportation Devices and Its Insurance." Prawo Asekuracyjne 4, no. 101 (2019): 3–17. http://dx.doi.org/10.5604/01.3001.0013.6732.
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The aim of the article is to describe the principles of liability of autonomous and dependent possessors as well as of users of personal transportation devices for damage caused by their movement. The liability of holders of such devices is independent of their fault and is based on the principle of risk. However, in the event of a collision between two such transporters or a personal transportation device with a car or a motorcycle, the liability shall be based on the principle of guilt. The liability of the user of a personal transportation device is also fault-based. Owners of personal transportation devices are not subject to the motor third-party liability insurance. As long as these devices are not legally required to be registered, there is no effective mechanism to control the fulfilment of the third-party liability insurance obligation. It is therefore not possible to introduce compulsory liability insurance. However, it is necessary and important to popularize and strengthen the insurance coverage under liability insurance in private life, including liability for damage resulting from the usage of personal transportation devices.
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Supriadi, Deni, Muhammad Sood, and Eduardus Bayo Sili. "Juridical Implications of Subject Limitation of Liability Rights in Electronic Services." International Journal of Multicultural and Multireligious Understanding 7, no. 10 (2020): 425. http://dx.doi.org/10.18415/ijmmu.v7i10.2156.
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This study aims to identify the legal construction and legal implications of the limitations of the legal subject of the mortgage provider in the electronic mortgage service system, as well as the legal protection of the legal subject of the mortgage provider in the electronic mortgage service system. The theory used is the theory of legal certainty, the theory of legal norms hierarchy and the theory of legal protection. The limitation of the subject of the mortgage provider in electronic mortgage services results in a conflict of legal norms which in the Mortgage Law does not limit the subject of the mortgage provider, and results in no longer validity of third parties as providers of mortgage rights who are not debtors. Then the legal protection is not much different from the previous process of imposing mortgage rights, the difference is in technical matters regarding documents that are now being carried out using electronic documents which are also electronic evidence.
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Yun Young Suk. "The subject of criminal liability caused by driving of automated vehicle." Journal of hongik law review 20, no. 1 (2019): 515–42. http://dx.doi.org/10.16960/jhlr.20.1.201902.515.
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Baek, Min-je. "The Study on the CRIMINAL Subject and Liability of AI Robots." J-Institute 2, no. 2 (2017): 15–21. http://dx.doi.org/10.22471/law.2017.2.2.15.
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Jurkowska-Gomułka, Agata. "How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 61–77. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.3.
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The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘full compensation’ and ‘joint and several liability’ in light of the Damages Directive as well as EU jurisprudence. An adequate understanding of these terms is without a doubt one of the key preconditions of correctly implementing the Directive and, consequently, a condition for making EU (competition) law effective. While on the one hand, a limitation of the personal scope of civil liability can currently be observed in EU law (covering both legislation and case law), a broadening of its subject-matter scope is visible on the other hand. With reference to the personal scope of civil liability, the Directive itself limits the applicability of the joint and several responsibility principle towards certain categories of infringers: small & medium enterprises (Article 11(2)) and immunity recipients in leniency (Article 11(3)). Considering the subject-matter scope of civil liability, the acceptance by the Court of Justice of civil liability for the ‘price umbrella effect’ should be highlighted. In addition, the principle of the ‘passing-on defence’ can also be regarded as a manner of broadening the scope of civil liability for antitrust damage (Article 12–16). The paper will present an overview of the scope of civil liability for antitrust damages (in its personal and subject-matter dimension) in light of the Directive and EU jurisprudence. The paper’s goal is to assess if the applicable scope will in fact guarantee the effective development of private competition law enforcement in EU Member States. This assessment, as the very title of this paper suggests, will be partially critical.
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Korotkih, A. "PECULIARITIES OF THE CONTENTS OF THE MATERIAL RESPONSIBILITY OF CIVIL SERVANTS." Social Law, no. 1 (March 1, 2019): 16–19. http://dx.doi.org/10.37440/soclaw.2019.01.02.
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The article is devoted to a comprehensive analysis of the content of civil liability of civil servants, which is regulated by the rules of the current legislation of Ukraine on labor. The article focuses on the theoretical problems of determining the constituent elements that make up the content of such responsibility, and attempts to express these constituent elements of the content of liability in the form of a coherent system.
 Therefore, in view of all the above, we conclude that the peculiarities of the content of the civil liability of civil servants are expressed in the specifics of the legal status of such subjects of labor law, as well as in the peculiarities of the labor relations that arise between the civil servant and his employer. The peculiarities of the content of full or limited liability of a civil servant are disclosed in the specifics of the compensation of the damage caused by the employee, which depends directly on the subject to whom such damage was caused, namely: a) liability for damage caused to third parties; b) liability for damage caused to the state (employees guilty of damage to a state-owned enterprise, institution, organization of damage, bear financial responsibility: only in the presence of direct actual harm; regardless of bringing the employee to other types of legal liability for the same illegal acts that were damage to the state; to the extent that must be limited to a certain part of the civil servant's salary, but not more than his average monthly salary, except in cases provided for by law).
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Vasilyev, Anton, and Olga Vasilyeva. "The ethical and legal aspects of robotics: the european perspective." De Securitate et Defensione. O Bezpieczeństwie i Obronności 5, no. 1 (2019): 113–20. http://dx.doi.org/10.34739/dsd.2019.01.08.
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The article is devoted to a critical review of the European Parliament Resolution of February 16, 2017 on the regulations in the field of robotics. The authors analyze the approaches of the creators of the law in terms of perception of autonomous robots as subjects of law and pay attention to the legal liability for damage caused by robots. The authors conclude that the concept of robots as the subject of law and the possibility of endowing robots with artificial intelligence with the qualities of a legal or electronic entity are arguable. First of all, the legal personality of robots raises the problem of responsibility and protection of the rights of potential victims. The resolution of the European Parliament emphasizes the need for such a legal structure that will ensure the harmonization of the interests of developers and sellers of autonomous robots, users and victims – the imposition of liability on the manufacturer or liability insurance.
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Harun, M., Nyoman Serikat Putra Jaya, and R. B. Sularto. "Reform of the Political Party Law and the Election Law Related to the Criminal Responsibility of Political Parties in Indonesia." WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT 17 (August 4, 2021): 859–65. http://dx.doi.org/10.37394/232015.2021.17.80.
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This study tries to analyze the criminal liability of political parties in the Political Party Law and the Election Law in Indonesia, as well as conceptualize the renewal of the criminal liability of political parties. This research includes normative legal research, with the type of data used in this study is qualitative data. The results of the study indicate that political parties are corporations that can and are capable of being held criminally responsible, as seen in Law Number 2 of 2008 as amended by Law Number 2 of 2011 concerning Political Parties. Criminal liability can be further regulated by imposing it on individual legal subjects. As a conceptualization of the renewal of the criminal responsibility of political parties, it is necessary to define the affirmation of political parties as the subject of criminal acts, sanctions and types of criminal acts, special punishment rules, and reasons for the elimination of a prosecution.
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Ruhiyat, Satya Marta, Ismansyah Ismansyah, and Nani Mulyati. "THE ROLE OF GENERAL ATTORNEY IN ERADICATION OF CORRUPTION BY CORPORATION." Diponegoro Law Review 4, no. 2 (2019): 152. http://dx.doi.org/10.14710/dilrev.4.2.2019.152-166.
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Considerable efforts have been made to fight corruption, however it continues to occur in Indonesia. In the present time, corruptions do not only carry out by individuals but also by corporations. However, the Criminal Code and Criminal Procedure Code do not recognize and regulate corporations as the subject of criminal acts, so that law enforcement officials, especially prosecutors, have difficulty in charging corporations. This paper tries to answer question about the role of prosecutors in the eradication of corruption by corporation based on The General Attorney Regulation Number: PER-028/A/JA/10/2014 on guidelines for prosecuting corporation. The research method employed is normative juridical method, where the data is analyzed with qualitative methodology. The General Attorney Regulation on Corporate Legal Subjects explains more apparent criteria for actions that can be attributed to the corporation. The regulation combines several theories of corporate criminal liability not only heavily rely on vicarious criminal liability theory. It also provides direction about the separation of corporate liability and director’s liability. With this guideline, the public prosecutors have clearer direction to be able to charge the corporation so that it can restore the state finances that have been harmed by the corruption act.
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Deryugina, Tatiana, Lyudmila Chegovadze, Albert Tumakov, and Felix Vertlib. "The legal mechanism of bringing to account in the epoch of digitalization." SHS Web of Conferences 109 (2021): 01012. http://dx.doi.org/10.1051/shsconf/202110901012.
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An analysis of problems occurring during the application of civil liability in legal relationships using information and communication technologies is being conducted in this scientific research. Apart from the absence of legal norms, there are conflict-of-laws rules, contradictions in which are to be resolved. The research of the turnover using digital technologies takes a big part in the legal doctrine. It must be noted that several fundamental works have appeared that make it possible to create a harmonious and non-contradictory system of legal regulation. However, there are still some unresolved questions left; for instance, ones concerning the mechanism of legal regulation of civil liability of subjects that have entered relations using digital technologies. The analysis of the civil law doctrine, the propositions of current Russian and international legislations, and legal practice have revealed a complex of problems connected to the civil liability of subjects entering legal relations using information and communication technologies. It became possible to systemize them depending on the subject and their role in the initiation or termination of the relation. A range of methods (general, general scientific and legal) has made it possible to make conclusions about the reasons why legal regulation is imperfect and why conflicts exist (to prevent them from happening in the future), formulate a legal regime of liability of subjects of the main or supporting group, suggest alterations to the current Russian legislation, aimed at bringing the owner of the information system to account.
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Horbach, N. L. J. T. "The Confusion About State Responsibility and International Liability." Leiden Journal of International Law 4, no. 1 (1991): 47–74. http://dx.doi.org/10.1017/s0922156500001837.
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The variety of notions of responsibility and liability, used by many publicists, continues to be a source of confusion. It would, therefore, be very clarifying to introduce one meaning for one concept and, thus, use the notions as the ILC defines them. The survey of the several 1LC reports on responsibility and liability shows that the concepts have become more and more interrelated. A different approach might be needed on the subject of international liability in order not to diminish the usefulness these rules can have within the environmental fiel.
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Lan, Qing, and Xiaojun Li. "Liability Determination of School Sports Injury Accidents: An Analysis Framework Based on Evolutionary Game." International Journal of Environmental Research and Public Health 16, no. 18 (2019): 3403. http://dx.doi.org/10.3390/ijerph16183403.
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In recent years, the outbreak of many school sports injury accidents aroused widespread public concern about liability determination of accident. Previous studies have examined the legal application of the liability principles from a law perspective, but few kinds of research attempted to analyze the progress of liability determination from the perspective of “law economics”. To fill this research gap, we introduce the evolutionary game model, as an important theoretical tool of “law economics”, to investigate how various factors influence the strategy selection of the parties, as well as examine what liability principle can effectively treat school sports injury accidents. The results indicate that the strategic selection of the subject of liability is significantly related to the accident compensation cost and the prevention cost of both parties. Moreover, we also find that both strict and proportional liability rules can play key roles in dealing with the issue of liability determination of school sports injury accidents, but the two liability rules have different effects on the strategic selection of parties. More specifically, compared to the strict liability principle, the proportional liability principle can motivate both the school and the students to adopt the active strategy of “appropriate caution” to prevent occurring sports injury accidents in schools.
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Augustynowicz, Anna, Iwona Wrześniewska-Wal, and Dorota Cianciara. "The scope of compulsory insurance of civil liability of a medical diagnostic laboratory." Diagnostyka Laboratoryjna 54, no. 2 (2019): 113–16. http://dx.doi.org/10.5604/01.3001.0013.7696.
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The article discusses the subject matter of the mandatory liability insurance of a medical diagnostic laboratory. The civil liability insurance contract covers all damages caused by the insured’s action or omission, which took place during the period of insurance cover resulting from the laboratory diagnostics or illegal discontinuation of their performance. Insurance cover does not cover damages resulting from violation of patient’s rights.
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Stanko, Marek. "The Liability for Food Product in the Polish Legal System." AGRICOLTURA ISTITUZIONI MERCATI, no. 2 (August 2009): 107–19. http://dx.doi.org/10.3280/aim2008-002006.
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- A precise definition of the principles and basis of the food product liability is included in an unusually broad scope of the food safety subject matter. Having regard to the whole set of Polish legal tools for food safety, the reader's attention was focused on civil-legal aspects of producer's liability for harm caused by food product's defect. The idea of the article, however, was not exclusively a detailed legal analysis of Polish legal solutions within this subject matter, but mainly an attempt to interpret these regulations which arouse most doubts in the Polish practice, especially from the point of view of their compliance with the Community regulations. The legal harmonization is undoubtedly of crucial importance in this sphere. It needs emphasizing that the majority of essential legal issues related to the subject matter of food safety as formulated in the Community law has been reflect119 ed in the Polish legislation. Currently this subject matter is regulated on the Polish legal area by the act of 25 August 2006 about the safety of food and feeding. It can be claimed, however, that the regulation of the liability for harm caused by unsafe product (comprising also the notions of agricultural produce and food product) in the Polish legislation complies with the requirements of the Community law. The shortcomings pointed out in the course of considerations absolutely do not allow to conclude that the objective of harmonization has not been achieved. This does not eliminate, however, the necessity to bring about changes postulated in the course of legislative considerations. In the Polish doctrine it is stressed that from theoretical, dogmatic point of view especially the new regime of liability for unsafe product (comprising agricultural produce and food product) should constitute a facilitation for claims to be made by the harmed person. It will, however, be the judicial practice which will decide about its legal efficiency.Parole chiave: responsabilitĂ civile, prodotto alimentare, rischio di sviluppo e progresso.Key words: Liability, Food Product, Risk of Development and Progress.
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Kovačević-Perić, Slobodanka. "Responsibility in the employment relationship: Distinctive features of disciplinary liability in the general and special employment relations regime." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 285–301. http://dx.doi.org/10.5937/zrpfn0-28035.
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Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.
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Małozięć, Cezary. "Participation in a Limited Liability Company as an Element of Marital Property." Law and Administration in Post-Soviet Europe 7, no. 1 (2020): 22–33. http://dx.doi.org/10.2478/lape-2020-0003.
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AbstractThe subject of this study is the characterization of the rights and possible obligations of a spouse of a partner of a limited liability company. Participation in a company with limited liability belonging to one of the spouses sometimes enters into joint property, and in the event of the cessation of this communion, it is divided. The company’s share belongs to the inheritance property.
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Semenovich, K. S. "Liability of the parties to grid connection agreements." Courier of Kutafin Moscow State Law University, no. 3 (May 15, 2020): 106–15. http://dx.doi.org/10.17803/2311-5998.2020.67.3.106-115.
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The article analyzes the terms of the Grid Connection Agreement established by the Grid Connection Regulation with regard to the provisions on liability of the parties. Thus, according to the Grid Connection Regulation, the applicant’s right to unilaterally rescind the contract, the penalty, the obligation to reimburse legal expenses and the right of the network organization to apply to the court for the contract termination in cases provided for in the Regulation relate to the parties liability measures. The provisions stipulated by the Regulation do not generally apply to civil liability, which leads to confusion of legal concepts. The relations of the parties to the Grid Connection Agreement are subject to liability measures established by the general rules, namely, penalty and damages.
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Kadala, Vitaliy, and Olena Guzenko. "RESPONSIBILITY AS A PRIORITY TOOL FOR COMBATING SMUGGLING." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (2021): 142–50. http://dx.doi.org/10.32366/2709-9261-2021-1-1-142-150.
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The article outlines the existing types of liability for smuggling, describes the current state of damage caused by their presence in modern society. Reveals the author's assessment and position on the need to clarify the content of certain categories of the conceptual apparatus, which is devoted to the degree of responsibility for offenses that have the features of smuggling. The research contains the author's proposal to introduce into the Criminal Code of Ukraine the conceptual categories of «criminal liability for smuggling», includes a justification for this action. Attention is paid to the existing legislative initiatives on combating smuggling and corruption during customs clearance of goods, their content is revealed. The author's vision of improving the situation with the reduction of smuggling crimes on the basis of the proposed proposals is presented. The chosen direction of the research is relevant as it is aimed not only at outlining the key aspects of criminal liability for smuggling, but above all at developing certain measures to improve the situation at customs. From a scientific point of view, the study needs modernization in terms of clarifying the content of certain categories of the conceptual apparatus of the subject of study. The conclusions of the study are as follows. First, there is a fairly modernized legal framework in Ukraine, which discloses the degree of responsibility of persons who have committed a criminal or administrative offense related to smuggling. Secondly, the legislator clearly distinguished between the measures of criminal and administrative liability of persons who participated in smuggling operations, and it is important that the legislator defined the boundaries of the transition from administrative to criminal liability. Thirdly, the research indicated the expediency of clarifying the content of certain categories of the conceptual apparatus of the subject of study, namely the concepts of «criminal liability for smuggling» (a type of legal liability that gives rise to criminal relations between special authorities and persons who violated customs rules that have signs of smuggling in particularly large amounts, which is individualized in the conviction of the court) and «administrative liability for smuggling» (a type of legal liability that arises during administrative relations between legal entities in the field of violation of customs rules, which have signs of smuggling and are subject to administrative penalties by administrative jurisdiction). Fourth, the authors propose to include in the measures to reduce the level of smuggling: increase the material security of border guards and customs officers, equip «problem» areas of the border with a system of covert round-the-clock surveillance, observation and professionally trained staff, etc.
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Fedorov, Aleksandr V. "THE LAWS OF LATVIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES." Russian investigator 11 (November 12, 2020): 73–80. http://dx.doi.org/10.18572/1812-3783-2020-11-73-80.
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The article is devoted to the issues of criminal liability of legal entities in the Republic of Latvia, established in 2005 by amending the Criminal Law of the Republic of Latvia. Attention is drawn to the fact that in the Latvian legislation a model of criminal liability is implemented, in which a legal entity is recognized not as a subject of a crime, but as a subject of criminal liability, to which measures of a coercive nature provided for by the Criminal Law are applied. At the same time, only legal entities of private law are subject to criminal liability, while the law does not provide for bringing public legal entities to criminal liability. The reasons for the application of enforcement measures to legal entities and the types of such measures are considered. It is indicated that compulsory measures against a legal entity can be applied for a criminal act if it was committed in the interests of the relevant legal entity, in its favor or as a result of improper supervision on its part by a responsible individual who acted individually or as part of a collegial body of a legal entity. In this case, a specially authorized person means a person who acted: on the basis of the right to represent a legal entity or act on its behalf; on the basis of the right to make decisions on behalf of a legal entity; or on the basis of the right to exercise control within a legal entity. The author considers the enforcement measures applied to legal entities (liquidation; restriction of rights; confiscation of property; monetary recovery), as well as criminal procedural issues of the application of compulsory measures to legal entities.
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Žatecká, Eva. "Selected aspects of criminal liability of legal persons." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2983–88. http://dx.doi.org/10.11118/actaun201361072983.
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This paper will address issues of corporate criminal liability in terms of enterprises. Criminal liability of legal persons is now a major problem that must deal the enterprises with. The contribution points out the major issues associated with this topic when the legal person may be held criminally responsible and how we can prevent such criminal liability. This issue arises with several questions that need to be pointed out. For example, what are the conditions of the criminal liability of the enterprises, which criminal offenses can be committed, or is it possible to prevent such criminal responsibility, etc. These issues will be the subject of discussion and contribution to current findings. The issue is very new; we have the new act on criminal liability of legal persons effective from 1st January 2012, so the author hopes this paper brings some new solutions and possible matters for discussions.
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Svetlov, Sergey. "THE DATA SUBJECT’S RIGHTS AND LIABILITY FOR VIOLATIONS." Administrative and Criminal Justice 2, no. 83 (2018): 114. http://dx.doi.org/10.17770/acj.v2i83.3462.
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With the development of information technology, data processing tools for individuals are increasingly used in various areas of life. Their accessibility and simplicity in circulation lead to more and more mass application of technologies in the lives of individuals, organizations, and society. Personal data of individuals are subject to turnover, inevitably there is a need to protect the carriers of this data from using the information received against their rights and interests. Despite the urgency of the problem, the concept of the subject of protection does not have a clear definition, as a result, the participants in legal relations will seek to interpret it depending on their needs. The law determines the administrative responsibility for the violation of the processing of data of individuals, but does not provide for special mechanisms for compensation for the damage caused. Consequently, there is an urgent need to specify the norms related to the protection of these individuals.
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Kahiya, Eldrede T. "Export barriers as liabilities: near perfect substitutes." European Business Review 29, no. 1 (2017): 61–102. http://dx.doi.org/10.1108/ebr-12-2015-0160.
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Purpose This study aims to use analogical reasoning to draw a conceptual link between liabilities in International Business (IB) and export barriers. Design/methodology/approach Following a review of 130 articles on export barriers, the study develops and applies a “liabilities” metonymy to connect the source construct (liabilities in the IB) and target subject (export barriers). Findings Liabilities in the IB map to export barriers, and the concepts of liability of foreignness, liability of outsidership, liability of newness and liability of smallness can substitute export barriers. Practical implications Adoption of metonymy creates new opportunities for enhancing theory development while offering alternative perspectives regarding coping mechanisms for overcoming export barriers. Originality/value This, to the author’s best knowledge, is the first study in the IB to theorize based on metonymy.