640 results on '"ADMINISTRATIVE sanctions"'
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2. Problems of Online Deposit Service Providers (JASTIP) (Jastip Onty Case Study).
- Author
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Sitti Fausia, Hadi Tuasikal, and Dwi Pratiwi Markus
- Subjects
CUSTOMER satisfaction ,ELECTRONIC commerce ,CONSUMER law ,ONLINE banking ,ADMINISTRATIVE sanctions ,CIVIL code - Abstract
Significant technological developments not only have an impact on the ease of access by the public as consumers of goods/services but also open up new business opportunities for business actors such as business opportunities in the field of e-commerce, namely the Jastip business or deposit services. Business actors often experience problems in the process of implementing their business. Some of the main problems or problems that are often found by just providers as business actors include related, unilateral cancellation from consumers, unclear information on goods, delivery of prohibited goods, and consumer dissatisfaction. This research aims to be an effective solution for just business actors in improving the online buying and selling experience for consumers and business actors. The research method carried out is descriptive field research that describes the results of research with a legislative approach as library data and interviews with business actors and just consumers as supporting data. The problematic settlement experienced by just providers in the implementation of their business has been supported by various laws and regulations in Indonesia, such as the Civil Code, government regulations and the Consumer Protection Law, this aims to protect consumer rights and ensure fair and transparent transactions. Non-compliance with these rules can result in legal and administrative sanctions for business actors. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. Application of NCB Asset Confiscation in Handling Corruption Crimes in Indonesia.
- Author
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idrus, Yogi Syahputra Al and Kurniawan, Kukuh Dwi
- Subjects
CORRUPTION ,CONFISCATIONS ,ADMINISTRATIVE sanctions ,MONEY laundering - Abstract
Applying NCB (non-convection based not on treasury), commonly called asset confiscation punishment without punishment, is an innovative solution for appropriating corruption when a person cannot cope with criminal, civil, and administrative penalties. The problem that exists already for change, of course, requires regulation in this regard. It is very important to look at these regulations and how a convection-based asset recovery policy is a government loss recovery policy related to state loss crimes such as corruption, money laundering, etc. Therefore, the subjects considered in this study are how NCB Asset Forfeiture is applied in dealing with criminal acts of corruption in Indonesia. This research method seeks normative law by examining secondary and qualitative data. It is from this that the first conclusion can be drawn: the urgency of implementing the NCB policy (Non-Convection based on not Forteiture) in Indonesia, namely the existence of obesity problems from state losses with massive corruption crimes that have occurred and efforts to harmonize and legitimize the NCB Draft Asset confiscation bill to overcome state losses. Second, the legal response in applying the concept of NCB (Non-Convection Based Forfeiture), namely cooperation with other countries in exploiting evil assets. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. Administrative Sanctions Against BPJS Kesehatan Independent Membership Reviewed from a Human Rights Perspective.
- Author
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Erawati, Lusy
- Subjects
ADMINISTRATIVE sanctions ,HUMAN rights ,SOCIAL security ,RESEARCH methodology ,PUBLIC services - Abstract
Health services, obtaining social security, and public services are human rights of all Indonesian people, and statutory regulations protect their implementation. Membership in BPJS Health is mandatory for Indonesian people. The government will give administrative sanctions through written warnings and fines and not receive certain public services to independent participants if they do not participate in the BPJS Health program. These sanctions cause certain problems because getting public services is a constitutional right of society and a very important need in society's activities to develop itself. The research method used in this research is normative juridical with a statutory and conceptual approach. The results of the analysis and discussion show that the government is responsible for providing quality health and public services to the community. Administrative sanctions for independent participants for not registering as BPJS Health members are not in line with human rights. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
5. How the 2024 Legislature changed Minnesota’s environmental laws.
- Author
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GREENHOUSE, JEREMY and STOJAK, ELLEN
- Subjects
ENVIRONMENTAL law ,EXTENDED producer responsibility programs ,ADMINISTRATIVE sanctions - Abstract
The article focuses on the significant updates to Minnesota's environmental laws enacted by the 2024 Legislature. It details enhanced enforcement powers for the Minnesota Pollution Control Agency (MPCA), including broadened emergency powers and cost recovery for oversight of negotiated settlements. It also discusses the introduction of an extended producer responsibility (EPR) program for packaging, increased civil and administrative penalties.
- Published
- 2024
6. NORMAS SANCIONADORAS EN BLANCO Y «REGLAS COMPLEMENTARIAS».
- Author
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SANZ RUBIALES, ÍÑIGO
- Subjects
LEGAL compliance ,LEGAL sanctions ,ADMINISTRATIVE law ,JURISPRUDENCE - Abstract
Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
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7. THE PUNITIVE POWER OF INDEPENDENT ADMINISTRATIVE AUTHORITIES: FOCUS ON FINANCIAL AND TAX VIOLATIONS (A COMPARATIVE STUDY).
- Author
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AbdelAziz, Gehad Mohamed and Abouahmed, Alaa
- Subjects
CRIMINAL law ,ECONOMIC sanctions ,LEGAL judgments ,COMPARATIVE method ,INTERNATIONAL sanctions ,ELECTRONIC filing of tax returns - Abstract
Background: In France, some independent administrative authorities have been granted punitive powers concerning violations committed against stated regulatory rules. In this regard, the issue of the accumulation of penalties has been repeatedly raised concerning sanctions imposed by independent administrative authorities and criminal justice penalties. For example, a certain action could be criminalised by virtue of the Penal Law, necessitating a custodial sanction or a fine, while also considered a mere breach under financial and monetary laws, leading to the imposition of a certain financial penalty. This raises the question of whether the infliction of both criminal and administrative sanctions on financial and tax crimes violates the 'ne bis in idem' principle. The French Constitutional Council has addressed this issue extensively; it has banned the accumulation of criminal penalties and administrative sanctions of a punitive nature upon the fulfilment of certain conditions. Interestingly, these conditions did not apply to tax disputes, permitting the accumulation of penalties in this specific field. However, the accumulation of penalties was banned and deemed impermissible in financial markets. Therefore, a major question can be raised: Why has the Constitutional Council adopted two different approaches in those two similar fields? Methods: In pursuit of the research goals, this study employed a combination of comparative, historical, and analytical methodologies. By examining the legal nature of independent administrative authorities, this study conducts a comprehensive examination of relevant legal texts, encompassing constitutional provisions, legislation, and judicial decisions, to analyse the ne bis in idem principle in France. A comparative analysis approach was utilised to compare the rulings of the French Constitutional Council, the French Court of Cassation, and European judicial bodies. Results and conclusions: In various jurisdictions, including France and the EU, the principle of non-accumulation of criminal penalties and administrative sanctions is recognised, yet differences arise in its application. Jurisdictions vary in approach, with some strictly prohibiting accumulation while others allow flexibility based on factors like offence nature and societal interests. The French Constitutional Council sets standards, allowing dual penalties in tax matters but not in finance. Rulings by the French Constitutional Council and Court of Cassation offer insights into applying the principle, revealing complexities in balancing regulatory enforcement and individual rights. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
8. Belgium ∙ Enforcement of Food Law in Belgium: The New Regime Explained.
- Author
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Mahy, Aude
- Subjects
FOOD laws ,CRIMINAL procedure ,ADMINISTRATIVE sanctions ,FINES (Penalties) - Abstract
The article focuses on the implementation of a stricter regime for enforcing food law in Belgium since January 1, 2024. Topics include the prioritization of criminal proceedings over administrative sanctions, significant increases in maximum fines, and changes in the process for imposing and appealing administrative fines by the Belgian Federal Agency for the Safety of the Food Chain (AFSCA/FAVV).
- Published
- 2024
9. Regleringen av nattarbete -- en förutsebar tillämpning av förbud, undantag och påföljder?
- Author
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Hellborg, Sabina
- Subjects
COLLECTIVE labor agreements ,NIGHT work ,WORKING hours ,AMBIGUITY - Abstract
Copyright of Arbetsmarknad & Arbetsliv is the property of Karlstads universitet, Arbetsvetenskap and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
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10. İdari Yaptırım Kararlarına Karşı Kabahatler Kanunu’nda Düzenlenen Kanun Yollarına İlişkin Bir İnceleme.
- Author
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Kahveci, Muhammet
- Abstract
Copyright of Istanbul Law Review / İstanbul Hukuk Mecmuası is the property of Istanbul Law Review / Istanbul Hukuk Mecmuasi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
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11. Does Reaching the Statute of Limitations Affect the Recidivist Behavior of Environmental Aggressors in Brazil?
- Author
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Uhr, Daniel de Abreu Pereira, Uhr, Júlia Gallego Ziero, Peres, Renan Porn, Gehrke, Manoel, and Eltz, Magnum Koury de Figueiredo
- Subjects
LIMITATION of actions ,ENVIRONMENTAL crimes ,RECIDIVISM ,GLOBAL environmental change ,RECIDIVISTS ,LAW enforcement - Abstract
Objectives: This study examines the role of law enforcement procedures for environmental offenses. We test whether reaching the statute of limitations is associated with the recidivism of offenses against the flora in Brazil. Methods: We analyze the universe of infractions issued by Brazil's Federal Environmental Agency from 2000 to 2010 using survival analysis and reweighting methods. Results: Findings indicate that reaching the statute of limitations in administrative procedures increases the risk of recidivism for individuals by 188% and firms by 34%. Conclusion: Ineffective sentencing practices stimulate repeated offenses against the environment and have significant consequences for environmental degradation in Brazil, a country that is central for actions to mitigate global environmental change. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
12. COMPULSORY TAX OBJECTIVES REVIEWED FROM FACTORS AFFECTING PERSONAL PEOPLE IN PAYING TAXES: CASE STUDY ON DINAS TENAGA KERJA KOTA SURABAYA.
- Author
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Sari, Devi Permata
- Subjects
TAX auditing ,TAXPAYER compliance ,TAX return preparation industry ,TAXATION ,STRUCTURAL models ,ELECTRONIC filing of tax returns - Abstract
This study aims to analyze the influence of awareness of Taxpayers, Taxpayer knowledge, administrative sanctions, tax apparatus services, modernization of taxation system on taxpayer compliance at the Office of Manpower of Surabaya city. The data of this study were obtained from Questionnaire (Primary). Data analysis used are Validity Test, Reability Test, Normality Test, Outer Model Testing (Measurement Model), Structural Model Testing (Inner Model). The result of this research is partially awareness of Taxpayer only does not have an effect on compliance, Taxpayer's knowledge only influence to compliance, administrative sanction only does not have an effect on compliance, Tax Apparatus service does not have an effect on compliance, modernization of tax system alone does not influence to compliance. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
13. Une étude sur les arrhes (au sens de l'art. 177 du COT), le dédit reel (l'art. 178 du COT) et la peine résolutoire (le dernier alinéa de l'art. 179 du COT).
- Author
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Yıldırır, Efe Can
- Subjects
OBLIGATIONS (Law) ,EARNEST (Law) ,ADMINISTRATIVE sanctions ,CONTRACTUAL penalties ,CLAUSES (Law) ,FINES (Penalties) - Abstract
Copyright of Annales de la Faculté de Droit d'Istanbul is the property of Annales de la Faculte de Droit d'Istanbul and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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14. ADMINISTRATIVE PENALTY PROCEEDINGS IN THE LIGHT OF THE PROPOSED CHANGES TO THE FISCAL PENAL CODE.
- Author
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TUŻNIK, MARTA ROMA
- Subjects
ADMINISTRATIVE sanctions ,CRIMINAL codes ,CRIMINAL liability ,CRIMINAL law ,CONSTITUTIONS - Abstract
This study explores the assumptions of the Bill of 13 April 2022 amending the Act -- Fiscal Penal Code and Certain Other Acts in the scope of administrative penalty ticket proceedings conducted in cases of fiscal petty offences. The primary focus of the analysis is the presentation of the proposed changes (ultimately withdrawn) regarding the extension of the catalogue of bodies authorised to conduct administrative penalty proceedings to include the Municipal Police and the Trade Inspection Authority, and to define their competence. Furthermore, the article presents the positions submitted by various entities as part of public consultations on the draft in question. The publication concludes with the author's evaluation of the currently applicable legal regulations concerning the issue under discussion. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
15. Legal Arrangements Regarding Polri's Disciplinary Actions in Carrying Out Their Duty as A Security Personnel.
- Author
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Kurniawan, Arif and Astuti, Endang Kusuma
- Subjects
SECURITY personnel ,CRIMINAL investigation ,POLICE professionalization ,ADMINISTRATIVE sanctions - Abstract
The Indonesian National Police (POLRI) is responsible for maintaining public security and order, as well as serving and protecting the community. However, there have been instances where members of the police force have clashed with civilians while carrying out their duties. This study employs normative legal research, focusing on secondary data obtained from various sources. The legal methodology approach is utilized to examine relevant regulations and guidelines related to the legal issues at hand. According to Article 2 of Unofficial Law No. 3 of 2003, which pertains to the Specialized Execution of General Legal Foundations for members of the Indonesian National Police, the law enforcement process for police officers is carried out within the procedural regulations applicable in general court proceedings. Thus, if a member of the National Police is reported to have committed a crime, they are processed by the Criminal Investigation Unit. Article 12 (4) of the Police Professional Code of Conduct stipulates administrative sanctions, which include 1) transferring duties to a different position, 2) transferring duties to different areas, 3) honorable discharge, or 4) dishonorable discharge. Transfers of positions and areas serve as administrative sanctions for police officers who have violated the Professional Code of Conduct, involving either demotion (transfer to a lower position) or reassignment to a different place/region. Honorable discharge or dishonorable discharge, on the other hand, are administrative actions taken against police officers who have demonstrated a violation of the Professional Code of Conduct. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
16. Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator.
- Author
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Kartoningrat, Raden Besse and Krisharyanto, Edi
- Subjects
BANKRUPTCY ,PAYMENT systems ,ADMINISTRATIVE sanctions ,CRIMINALS ,SOCIAL responsibility - Abstract
The curator is a subject of Bankruptcy Law who has complete authority and responsibility for managing and resolving the bankruptcy estate. Curators are required to have integrity and are prohibited from having conflicts of interest with their duties and authorities. The issue raised in this study is the application of the principles of statutory duty and fiduciary duty in the responsibility of the bankruptcy curator. This study aims to identify, understand, and analyze bankruptcy law regarding the curator's responsibility based on the principles of statutory duty and fiduciary duty. This study employed a normative method by examining the consideration materials to conclude. The results of the analysis in this study indicate that in carrying out the duties of managing and settling, the curator must comply with the principles of statutory duty and fiduciary duty as regulated in Law Number 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations and the code of ethics of the curator profession. The curator's actions that can harm the parties, whether creditors or bankrupt debtors, can be personally accounted for outside the bankruptcy estate by imposing civil, criminal, or administrative sanctions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
17. Preventive turn in criminal law.
- Author
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Melander, Sakari
- Subjects
CRIMINAL justice system ,VIOLENT criminals - Abstract
Preventive turn in criminal law has been an important discussion topic in recent years. In many significant scholarly contributions, the nature of criminal justice system has been seen to be in transition from reactive measures to various preventive measures and from rights-based approach to more effective measures. Also various legislative examples from many countries illustrate that many other, often also dubious, means than criminal law are used in preventing unwanted behaviour. This development conceivably affects the foundations of the criminal justice system since the state's response to unwanted behaviour may be founded on different objectives than criminal justice system traditionally has endorsed. The concept of preventive turn of criminal law is, however, somewhat loose and ambiguous and it has been given different meaning in scholarly discussion. In this article, the concept of preventive turn of criminal law is examined in light of the different meanings given to it in the scholarly discussion. In addition, article discusses administrative sanctioning as an alternative to criminal legislation and legislative and other endeavours to recidivism of dangerous offenders. The article is founded on liberal model of criminal law, which has stressed the role of individual autonomy and dignity and also the importance of procedural safeguards. The examples of preventive turn may risk these traditional liberal foundations of criminal justice system when the states are searching for more effective means in preventing unwanted behaviour. Traditional liberal foundations of the criminal justice system may be at risk when more effective solutions are sought. This article, thus, also seeks to examine whether it is possible to construct a rights-based liberal approach towards preventive turn of criminal law in which the liberal foundations of criminal law are proportioned to preventive measures. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
18. ADMINISTRATIVE SANCTIONS FOR ENVIRONMENTAL CRIME IN SELECTED EU AREAS.
- Author
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SKOCZKO, Iwona and GRABOWSKI, Marek
- Subjects
ENVIRONMENTAL crimes ,ADMINISTRATIVE sanctions ,ENVIRONMENTAL protection ,ENVIRONMENTAL law ,FINES (Penalties) ,ENVIRONMENTAL degradation - Abstract
Copyright of Economics & Environment / Ekonomia i Środowisko is the property of Fundacja Ekonomistow Srodowiska i Zasobow Naturalnych and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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19. Przestępstwa i opłaty administracyjne we wsiach prawa wołoskiego starostwa samborskiego w Inwentarzu... Jana Zamoyskiego z 1568 roku: edycja źródłowa.
- Author
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Jawor, Grzegorz and Madejski, Paweł
- Subjects
ADMINISTRATIVE sanctions ,ADMINISTRATIVE fees ,CUSTOMARY law - Abstract
Copyright of Quarterly of the History of Material Culture / Kwartalnik Historii Kultury Materialnej is the property of Instytut Archeologii i Etnologii Polskiej Akademii Nauk and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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20. ПРОБЛЕМИ РЕАЛІЗАЦІЇ ІНСТИТУТУ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ПОРУШЕННЯ ВИМОГ ТРУДОВОГО ЗАКОНОДАВСТВА
- Author
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І. О., Лавронова
- Subjects
LABOR laws ,EMPLOYEE rights ,ADMINISTRATIVE courts ,INDUSTRIAL relations ,DUTY ,CRIME ,FORCED labor - Abstract
The article is devoted to the analysis of modern problems of institute administrative responsibility realization in the sphere of labor law. In the article is substantiated the necessity of taking into account the peculiarities of the sphere of labor relations, which affect the procedure for consideration and prosecution of guilty persons for violation of the requirements of labor legislation. The focuses on the problems of implementation of the institute of administrative responsibility, demonstrating reformation necessity of administration and labour legislation. Moreover, is described the problem of lack of definition of administrative responsibility for violation of labor legislation, as well as the need to determine the mechanism for the implementation by authorized persons of state bodies in an administrative manner of imposing penalties on persons who, while performing their official duties, committed violations of labor legislation norms for which administrative responsibility. The range of labor legislation violations and the reference nature of articles providing for administrative liability are outlined, the reasons for the inefficiency of the model of administrative responsibility for violation of labor law requirements are analyzed, which indicates the need to improve the current legislation in order to achieve effective regulation. The problems of terminology in administrative and labor legislation, in particular, the application of the concept of «insignificance» in administrative cases of violation of labor law, the mechanisms of application and implementation of protection of labor rights are indicated. The problem of the lack of determination of the composition of administrative misconduct for violation of labor legislation, which leads to erroneous bringing of managers to administrative responsibility, has been noted. Examples of judicial practice of consideration by courts of cases on administrative offenses in the field of labor and labor protection are involved. The problems of a significant number of court cases on administrative offenses defined by Article 41 of the Code of Administrative Offenses, which are closed due to the expiration of the term for imposing an administrative penalty, are outlined. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
21. JURIDICAL ANALYSIS OF LEGAL IMPLEMENTATION OF THOSE WHO REFUSE THE COVID-19 VACCINE.
- Author
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Ginting, Grenaldo
- Subjects
COVID-19 vaccines ,VACCINATION ,HERD immunity ,ADMINISTRATIVE sanctions ,IMPRISONMENT - Abstract
The Covid-19 pandemic has brought many changes to the world, including economic setbacks. So, it needs to be handled with handling efforts in the form of vaccination to form herd immunity. However, this effort still has resistance from people who do not want to carry out the Covid-19 vaccination. This research aims to determine the juridical review of the implementation of the law against those who refuse the Covid-19 vaccine. This research uses normative research methods with literature study data collection techniques obtained from laws, books, journals, and various other information relevant to the research. The results showed that those who refused the Covid-19 vaccine were subject to criminal and administrative sanctions according to presidential regulation number 14 of 2021 in the form of imprisonment for six months to one year or a fine of five hundred thousand to one million rupiahs. However, the World Health Organization advises forcing individuals to vaccinate but suggests a persuasive approach. In addition, the implementation of this law is carried out by looking at the context of the event, and the condition of individuals who do not want to be vaccinated, considering that there are people who should not be vaccinated. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
22. Datenschutzrechtliche Bußgelder — Unternehmerisches Risiko und behördliches Governance-Instrument.
- Author
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Bretthauer, Sebastian
- Subjects
GENERAL Data Protection Regulation, 2016 ,DATA protection laws ,ADMINISTRATIVE sanctions ,TRAFFIC violations ,FINES (Penalties) ,DATA protection ,RISK management in business - Abstract
Copyright of Computer und Recht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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23. Las medidas cautelares en el derecho de la competencia: desarrollo en Colombia 1992-2022.
- Author
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Londoño de Vivero, Daniel Eduardo
- Subjects
ANTITRUST law ,FREE enterprise ,UNFAIR competition ,RESTRAINT of trade ,INTERNATIONAL regimes ,ADMINISTRATIVE sanctions ,PERSONALLY identifiable information ,INTERNATIONAL trade ,CAPITALISM - Abstract
Copyright of Vniversitas is the property of Pontificia Universidad Javeriana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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24. TRAFİK İDARİ PARA CEZALARININ YARGISAL DENETİMİ ÜZERİNE BİR DEĞERLENDİRME.
- Author
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ARSLANER, Hakan
- Abstract
Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
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25. Os acordos substitutivos de atividade sancionatória unilateral em contratos da Administração Pública no Brasil.
- Author
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Santa Anna Mucci Daniel, Felipe Alexandre and Fortini Pinto e. Silva, Cristiana Maria
- Subjects
CONTRACTS ,ADMINISTRATIVE acts ,LEGAL sanctions ,PUBLIC administration ,ADMINISTRATIVE law - Abstract
Copyright of Revista Seqüência is the property of Universidade Federal de Santa Catarina, Programa de Pos-Graduacao Stricto Sensu em Direito and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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26. Sanksi Administrasi Bagi Pelaku Usaha yang Melakukan Kesempatan Perubahan Perilaku Dalam Hukum Acara Persaingan Usaha.
- Author
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Safura, Nirwana Rahma
- Abstract
Copyright of Jurist-Diction is the property of Universitas Airlangga and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
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27. Ireland ∙ Implementation of the ECN+ Directive in Ireland: An Overhaul of the Domestic Competition Law Regime.
- Author
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Dunne, Ronan and Hanrahan, Daniel
- Subjects
COMPETENT authority ,LAW enforcement ,MERGERS & acquisitions ,STATE power ,REAL property acquisition - Abstract
Keywords: Ireland; ECN+ Directive; implementation; merger control; leniency programme; administrative sanctions EN Ireland ECN+ Directive implementation merger control leniency programme administrative sanctions 134 137 4 07/29/22 20220401 NES 220401 I. Introduction The President of Ireland signed the Competition (Amendment) Act 2022 (the Act) into Irish law on 29 June 2022.[1] The Act has implemented fundamental changes to Ireland's competition regulatory regime together with transposing Directive EU 2019/1[2] (the so-called ECN+ Directive) into Irish law. Enforcement of competition law in Ireland has always faced difficulties, often due to the limitations imposed on, in particular, the CCPC to impose administrative sanctions under the Competition Act. The Act mandates the Competent Authorities to put in place such a leniency programme in Ireland and it is intended that the leniency programme that the CCPC will establish will run separately, and in addition to, the existing cartel immunity programme that the CCPC currently has in place. [Extracted from the article]
- Published
- 2022
- Full Text
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28. POLICY EVALUATION OF ELIMINATION OF ADMINISTRATIVE SANCTIONS FOR LAND AND BUILDING TAXES.
- Author
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Nindyawan, Bella Putrie and Nuryanah, Siti
- Subjects
EVALUATION ,LAND value taxation ,ADMINISTRATIVE sanctions ,AMNESTY ,TAXPAYER compliance - Abstract
Tax amnesty in the form of elimination of administrative sanctions for Land and Building Taxes is a policy intended to encourage taxpayers to pay their taxes. This policy is projected to boost regional earnings, notably for Land and Building Taxes in the Rural and Urban sectors (PBB-P2), in addition to strengthening fundamental taxpayer data. Thus, Regional Revenue and Expenditure Budgets are more sustainable. The purpose of this study was to evaluate the amnesty policy on tax compliance and PBB-P2 revenue. This study was also to analyze the implementation process of amnesty thru the elimination of administrative sanctions for PBB- in Pekanbaru City Government. This study employed a case study method with a qualitative approach to explore in-depth the policy evaluation of tax amnesty through the elimination of administrative sanctions for Land and Building Taxes in the Rural and Urban Sectors, specifically in Pekanbaru City. The findings indicate that amnesty has succeeded in increasing tax compliance and PBB revenue but cannot be a solution to increasing land and building tax revenues if it is carried out twice and at the same time. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
29. Reputational versus Beckerian Sanctions.
- Author
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Fluet, Claude and Mungan, Murat C
- Subjects
LEGAL sanctions ,PUNISHMENT ,VERDICTS ,LAW enforcement ,ADMINISTRATIVE sanctions - Abstract
Legal sanctions cause reputational losses in addition to the direct losses. Lowering the probability of punishment reduces these reputational losses by diluting the informational value of verdicts. These considerations better align the positive as well as normative implications of law enforcement models with intuition and empirics: violations of the law are more responsive to the certainty rather than the severity of punishment even absent risk-seeking offenders (positive), which causes extreme Beckerian punishments to be inefficient when sanctions are socially costly to impose (normative). Moreover, in some cases optimal enforcement is "anti-Beckerian": punishment is symbolic, and detection costs are incurred solely to provide reputational incentives. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
30. Spiraling Criminal Debt.
- Author
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GARRETT, BRANDON L.
- Subjects
CRIMINAL courts ,ADMINISTRATIVE sanctions - Published
- 2022
- Full Text
- View/download PDF
31. ػًبَبد اإلداسح انشادػخ نؼجؾ االسزغالل انضساػٍ.
- Author
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و. ػهٍ يخهف ؽًبد and طبنؼ ػجذ ػبَذ طبن
- Subjects
AGRICULTURAL laws ,FOOD security ,FOOD preservation ,LABOR discipline ,FARMS ,RIGHTS ,EMPLOYEE rights - Abstract
Research problem: The research problem revolves around what are the deterrent means available to the administration in ensuring the implementation of laws and systems regulating agricultural exploitation and respect for their rules, deterring violations that occur in violation of the provisions of those legislation, and the legitimacy of the administration’s specialization in inflicting deterrent administrative penalties. The importance of the research: The importance of this topic stems from the importance of preserving agricultural exploitation as agricultural land and yields, for the purpose of achieving food security, which is one of the most important factors for maintaining public order in society, achieving food security to preserve public health and the environment, as well as its importance In achieving public tranquility and economic development. Research Methodology: In this research, we followed the analytical approach, by analyzing the legal texts related to the problem in agricultural legislation in Iraq, and showing their adequacy to address the study problem through the deterrent measures included in it that the administration can use. The results and solutions that resulted from the research: Through our research on the subject, it was found that the administration is allowed to resort to direct forced execution to ensure the implementation of laws and regulations related to agricultural exploitation in the event of a violation of their provisions by professionals in agricultural activity, or their abstention from implementing the decisions it issues in this regard. It has the right to stop the implementation of the violating actions, restore the situation to what it was and remove the violations through the administrative way, and it has the right to impose financial administrative penalties on violators, such as imposing financial fines and administrative confiscation, as well as non-financial penalties such as issuing a warning and withdrawing the license granted to practice a specific activity, and it also has the right to discipline specialized employees in the event of their violation to their job duties in accordance with the provisions of the legislation, but the administration does not impose freedomdepriving penalties even if it is stipulated in agricultural legislation; Because it violates the provisions of the Constitution in force. Research problem: The research problem revolves around what are the deterrent means available to the administration in ensuring the implementation of laws and systems regulating agricultural exploitation and respect for their rules, deterring violations that occur in violation of the provisions of those legislation, and the legitimacy of the administration’s specialization in inflicting deterrent administrative penalties. The importance of the research: The importance of this topic stems from the importance of preserving agricultural exploitation as agricultural land and yields, for the purpose of achieving food security, which is one of the most important factors for maintaining public order in society, achieving food security to preserve public health and the environment, as well as its importance In achieving public tranquility and economic development. Research Methodology: In this research, we followed the analytical approach, by analyzing the legal texts related to the problem in agricultural legislation in Iraq, and showing their adequacy to address the study problem through the deterrent measures included in it that the administration can use. The results and solutions that resulted from the research: Through our research on the subject, it was found that the administration is allowed to resort to direct forced execution to ensure the implementation of laws and regulations related to agricultural exploitation in the event of a violation of their provisions by professionals in agricultural activity, or their abstention from implementing the decisions it issues in this regard. It has the right to stop the implementation of the violating actions, restore the situation to what it was and remove the violations through the administrative way, and it has the right to impose financial administrative penalties on violators, such as imposing financial fines and administrative confiscation, as well as non-financial penalties such as issuing a warning and withdrawing the license granted to practice a specific activity, and it also has the right to discipline specialized employees in the event of their violation to their job duties in accordance with the provisions of the legislation, but the administration does not impose freedomdepriving penalties even if it is stipulated in agricultural legislation; Because it violates the provisions of the Constitution in force. [ABSTRACT FROM AUTHOR]
- Published
- 2022
32. COVID-19 Vaccination Policy Based on the Law on Handling of the Covid-19 Pandemic in Indonesia.
- Author
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Ayu Sulistianingtyas, Chatarina Dwi, Herawati, Ratna, and Hardjanto, Untung Sri
- Subjects
COVID-19 pandemic ,VACCINATION policies ,LEGAL research ,DELEGATED legislation - Abstract
The rules regarding the implementation of the COVID-19 vaccination in Indonesia are not explicitly stated in Law no. 2 of 2020 but contained in various implementing regulations. The next issue is Presidential Regulation (Perpres) No. 14 of 2021, as an implementing regulation, provides administrative sanctions for those who refuse the COVID-19 vaccine. The problems in this research are: (1) How is the government's work program in carrying out the policy for handling the COVID-19 pandemic in Indonesia? (2) What is the purpose of the government work program which includes administrative sanctions for running the COVID-19 vaccination program in Indonesia? The method used in this legal research is a normative legal research method with an analytical descriptive legal approach. The results of this study are the government's work program in implementing the COVID-19 vaccination as stipulated in Presidential Decree No. 99/2020 j.o Presidential Decree No. 14/2021 j.o Presidential Decree No. 50/2021 as well as several implementing regulations such as Ministerial Regulation Regulation of the Minister of Health No.10/2021 j.o Permenkes No.18/2021 j.o Permenkes No.19/2021 j.o Permenkes No.23/2021 has been aligned with the legal politics of handling the COVID-19 pandemic in Indonesia as stated in Law No. 2/2020. The existence of administrative sanctions in the work program is an effort to support proof of national health from the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
33. ADMINISTRATYWIZACJA KARANIA.
- Author
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Śliwiński, Emil
- Abstract
Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
34. Česká cesta adaptace obecného nařízení aneb hmotněprávní exempce přestupků podle zákona o zpracování osobních údajů.
- Author
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Matejka, Ján and Mates, Pavel
- Subjects
DATA protection ,EUROPEAN Union law ,PUBLIC support ,PERSONALLY identifiable information ,RECIDIVISM - Abstract
Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
35. Administrative Sanctions for Hospitals Which Grant Permission for Forced Taking the Corpse of Suspect Covid-19 Patients.
- Author
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Asmuni
- Subjects
HOSPITALS ,COVID-19 ,HEALTH facility administration ,LEGAL liability ,DEAD ,CRIMINAL justice system - Abstract
This study is intended to analyze the bodies of suspect Covid-19 patients in the Covid-19 Protocol and the responsibilities of the perpetrators of forcibly taking the bodies of Suspect or Probable patients in criminal law. This research is a juridical normative research, which is focused on studying the application of norms in positive law by combining legal materials which are secondary and primary legal materials. The approach taken is a statue and a conceptual approach. Based on the results of this study it can be concluded that the patient's body is a suspect Covid-19 body, it must be treated like the Covid-19 body until there is a result from the swab test to fulfill the rights of the body, the responsibility of the perpetrator of forced taking of the suspect / probable patient's body in criminal law, among others sentenced to a criminal sentence on the basis of Article 5 of Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases with the threat of one year in prison or a fine of up to Rp. 100,000,000 (One Hundred Million Rupiah). [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
36. Garantijų, kylančių iš teisingo proceso principo, diferenciacija taikant administracinę atsakomybę.
- Author
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Markevičiūtė, Milda
- Abstract
Copyright of Law / Teise is the property of Vilnius University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
37. O ilícito administrativo à luz do devido processo legal administrativo: perspectivas da aplicação das sanções administrativas a partir das disposições da Lei de Introdução às Normas do Direito Brasileiro.
- Author
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da Costa Moura, Emerson Affonso
- Subjects
DUE process of law ,CRIMINAL law ,FEDERAL laws ,ADMINISTRATIVE law ,TORTS - Abstract
Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
- View/download PDF
38. Procedural and Judicial Guarantees Against the Punitive Power of Public Bodies.
- Author
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Martini, Giovanni
- Subjects
SURETYSHIP & guaranty ,JUDICIAL review ,FAIRNESS ,JURISDICTION - Abstract
The scope of this analysis is to reconstruct, with a brief look to the Italian case, the 'frame of reference' within which the rulings of the ECtHR on the Art. 6 of the ECHR, due to the particular strength that Article 46 of the Convention attributes to them, are made, to understand, at the outcome, how, and to what extent, the sanctioning activity of public bodies can be influenced by the principles of the ECHR as enforced by the Judges of Strasbourg. To this aim the focus will be addressed on the following, and more complex, profiles: (a) independence, impartiality and separation of functions; (b) sanctioning activity and discretionary powers; (c) sufficient judicial review and full jurisdiction, to conclude the investigation trying to verify, in the light of the latest directions taken by the ECtHR; (d) whether, and how, the types of sanctions can affect the conditions of the judicial protection. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
39. SANCIONES ADMINISTRATIVAS.
- Author
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CANO CAMPOS, Tomás
- Abstract
Copyright of Anuario de la Facultad de Derecho de la Universidad Autonoma de Madrid is the property of Anuario de la Facultad de Derecho de la Universidad Autonoma de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
40. PROBLEM WIELOŚCI SANKCJI REPRESYJNYCH ZA NIESZCZEPIENIE DZIECKA Z PERSPEKTYWY SKUTECZNEGO WYKONANIA OBOWIĄZKU SZCZEPIEŃ.
- Author
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CZECHOWICZ, SEBASTIAN
- Abstract
The mandatory vaccination of children raises a lot of controversy in the public space. Anti-vaccination movements have been increasingly active in recent years. The aim of this article is to present the problem of sanctions with regard to mandatory vaccination of children, around which a lot of social and legal controversy has arisen. Sanctions used in connection with the evasion of the obligatory preventive vaccination of children in Poland are analysed. The essence of administrative sanctions in the case of mandatory vaccination of children is considered, as well as the transfer of the execution of this obligation to criminal courts. It is pointed out that absolute distinction has to be drawn between the scope of possibilities of applying administrative sanctions in the course of enforcement proceedings in administration and those provided for in the petty offences law. An analysis of normative acts and the literature on the subject as well as court decisions concerning the presented problem is made. Using a dogmatic-legal method and an analysis of court rulings, it is established that the aim of the application of administrative-law sanctions may only be to compel a person to fulfil an obligation. On the other hand, penalties on the grounds of the petty offences law will be administered for the evasion of obligatory preventive vaccination of children in Poland. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
41. Spain ∙ Legal Framework and Trends in Corporate Fines to Cartels.
- Author
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Maillo, Jerónimo
- Subjects
CARTELS ,FINES (Penalties) ,ELASTICITY (Economics) - Abstract
Keywords: cartel; administrative sanctions; corporate fines; Spanish NCA; CNMC; judicial review; proportionality; Spain EN cartel administrative sanctions corporate fines Spanish NCA CNMC judicial review proportionality Spain 49 58 10 02/13/21 20210101 NES 210101 I. Introduction In Spain, sanctions for violation of competition rules can be of three types: administrative, civil or criminal. After a few years of the application of the new calculation of fines in individual cases, the new CNMC, who replaced the CNC in 2013, published new informal guidelines, the so-called "Provisional Indications for the calculation of fines" of November 2018.[17] This time, however, the document has been much more cautious. Among them, the fine of more than €170 million to the manufacturer of cars;[29] the almost €130 million to the manufacturers of absorbent pads for adult incontinence (AIO), including personal fines to the main managers involved [30] This cartel lasted from December 1996 to at least January 2014 and fixed the sale price of adult diapers financed by the National Health System; or the fine of €118 million to 15 multinationals and large companies in the country for rigging 275 public tenders for railway infrastructure over 14 years imposing a surcharge of more than 20% on the State.[31] Appendix HT
Ref. [Extracted from the article] - Published
- 2021
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42. Hoàn thiện các quy định pháp luật về xử phạt vi phạm hành chính trong lĩnh vực đất đai nhìn từ Nghị định 91/2019/NĐ-CP.
- Author
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Nguyễn Thành Phương
- Subjects
LAND management ,WEIGHTS & measures - Abstract
The sanctioning of administrative violations in land issues is an activity of competent agencies to apply coercive measures prescribed by law to individuals and organizations that commit violating acts. The article focuses on analyzing the progress and limitations in the sanctioning of administrative violations at the time of the transition to Decree No.91/2019/ND-CP, which replaces Decree No.102/2014/ND-CP of the government, thereby making recommendations and proposals to improve the sanctioning mechanism in current land issues. [ABSTRACT FROM AUTHOR]
- Published
- 2020
43. LA SENTENCIA SAQUETTI IGLESIAS C. ESPAÑA IMPONE LA INTRODUCCIÓN DE LA DOBLE INSTANCIA PARA EL ENJUICIAMIENTO DE LAS SANCIONES ADMINISTRATIVAS.
- Author
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LOZANO CUTANDA, BLANCA
- Subjects
HUMAN rights ,APPELLATE courts ,JURISDICTION ,ARTISTIC creation ,GENERALIZATION - Abstract
Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
44. The increasing role of provincial administrative sanctions in Canadian impaired driving enforcement.
- Author
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Solomon, Robert, MacLeod, Lauren, and Dumschat, Eric
- Subjects
ADMINISTRATIVE sanctions ,TRAFFIC safety ,MOTOR vehicle driving ,CRIMINAL procedure ,TEST reliability ,JUDGE-made law ,DISTRACTED driving - Abstract
Objective: The object of this study is to document the recent shift in Canadian impaired driving enforcement from federal criminal proceedings to provincial administrative sanctions, examine the deterrent impact of these new administrative measures, and review the numerous legal challenges that they have generated.Methods: This article highlights the expanded role of provincial administrative license suspensions (ALSs) and vehicle impoundments (AVIs) in Canadian impaired driving enforcement, summarizes the evidence of their deterrent impact, and discusses the implications of the related Canadian case law.Results: Provincial administrative sanctions have been used increasingly, both to supplement and replace federal impaired driving charges. Recent experience in British Columbia and Alberta illustrates the potential traffic safety benefits of enacting comprehensive impairment-related roadside administrative measures. In 2010, British Columbia enacted a package of roadside administrative sanctions, which included mandatory ALSs, AVIs, monetary penalties, license-reinstatement fees, and remedial programs. A study conducted two years later reported that alcohol-related fatal crashes had fallen by 52%. Alberta enacted similar provisions, and saw alcohol-related fatalities decrease by 46% within six months of the legislation coming into force. Although effective, these new roadside sanctions generated a flurry of legal challenges. The cases indicate that while the provinces have broad leeway, there are legal limits on their authority to impose onerous administrative sanctions on drivers, particularly if they are based on a single roadside alcohol or drug-screening test.Conclusions: With careful drafting, the provinces can enact cost-effective roadside administrative sanctions that have been shown to significantly reduce impaired driving deaths and injuries. The legality of any administrative sanction will likely depend on its severity, the reliability of the test or evidence upon which it is based, and the extent to which the driver has a meaningful opportunity to challenge the decision. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
45. Las reglas de peso probatorio como privilegio de la potestad sancionadora de la Administración del Estado.
- Author
-
LARROUCAU TORRES, JORGE
- Subjects
BURDEN of proof ,ADMINISTRATIVE procedure ,PUBLIC administration ,LOSS control ,DECISION making - Abstract
Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
46. Discrecionalidad y potestades sancionadoras de la Administración.
- Author
-
GÓMEZ GONZÁLEZ, ROSA FERNANDA
- Subjects
GOVERNMENT policy ,DISCRETION ,PUBLIC policy (Law) ,INTERNATIONAL sanctions ,EXERCISE ,BUREAUCRACY - Abstract
Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
47. Revanchist Behaviors in an Academic Style: A Qualitative Study to Analyze Academics' Revenge.
- Author
-
Koç, Oktay, Kıray, Abdullah, and Özdemir, Serkan
- Subjects
REVENGE ,QUALITATIVE research ,ADMINISTRATIVE sanctions ,BEHAVIOR ,STATE universities & colleges - Abstract
This study focuses on examining the counterproductive behaviors of academics, who have a lesser likelihood to show revanchist acts on account of the characteristics of their professional group, defining the purposes, means, and reasons of revenge, and determining the results of revanchist behaviors. To this end, we conducted a qualitative study on the academics who were working at Turkish state universities. In the end, the reasons, purposes, and means of revenge have been defined, and the results of revanchist behaviors have been determined through processing and analyzing interpretively collected data. Accordingly, there are numerous rationales for revenge among academics as they define it personally and closely related to their personal character on one hand, and on the other hand, they tend to use various tools during revenge process, mostly a combination of semi-legal and legal ones since there are some obstacles (i.e. administrative sanction mechanisms) to use illegal tools. In addition, they aim to re-balance the situation and look for justice after any harmful action or activity stemmed from other parties. As a different result, revenge is defined as a tool for protecting self and self-interest(s). [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
48. EU Market Abuse Regulation: The Puzzle of Enforcement.
- Author
-
Perrone, Andrea
- Subjects
ADMINISTRATIVE sanctions ,ADMINISTRATIVE efficiency ,DECISION making in prosecution ,PREDICTION markets ,PUZZLES - Abstract
Aimed at establishing an effective and consistent enforcement of market abuse regulation, the regime introduced by Regulation (EU) No. 596/2014 ('MAR') and Directive 2014/57/EU ('MAD II') relies on a mix of criminal penalties and administrative sanctions, both of which are subject to the principles of double jeopardy and due process. In the light of a few cases decided by the Court of Justice of the European Union and the European Court of Human Rights ('ECtHR'), the features of this regime are, however, unclear, and it is doubtful whether the current framework is adequate to achieve its goals. This article criticizes the decision to criminalize market abuse at the EU level and argues that a credible EU supervisory system is better served by an enforcement system based on administrative sanctions. Moreover, the article discusses the solution offered by the ECtHR to the trade-off between efficiency and fairness in administrative proceedings and proposes an allocation of prosecution and decision-making to independent bodies within the same supervisory authority as a means to better balance efficiency and fairness. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
49. TÜKETİCİ HUKUKUNDA HAKSIZ TİCARİ UYGULAMALAR VE UYGULAMA ÖRNEKLERİ.
- Author
-
CEYLAN, Ebru
- Subjects
EUROPEAN Union law ,LEGAL sanctions ,CONSUMER protection ,BURDEN of proof ,ADMINISTRATIVE sanctions ,CONSUMER behavior ,COMMERCIAL drivers' licenses - Abstract
Copyright of Journal of Judgments by the Court of Jurisdictional Disputes / Uyusmazlik Mahkemesi Dergisi is the property of Court of Jurisdictional Disputes of the Republic of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
50. LINDB, Covid-19 e Sanções Administrativas Aplicáveis a Agentes Públicos.
- Author
-
Maffini, Rafael
- Abstract
Copyright of Revista de Gestão, Finanças E Contabilidade is the property of Universidade do Estado da Bahia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
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