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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]

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]

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]

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).

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]

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.

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]

Objective: the option to enter into a contract for goods and services has been used by the public sector since ancient times, and to improve the productivity of these contracts, the actors involved have resorted to different forms of incentives. In Brazil, the only form of incentive formally admitted is a sanction, but empirical evidence suggests that some types of breaches of contracts have been overcome through negotiation. We intended to identify which factors influence management's (in)tolerance regarding misconduct in the execution of government contracts/purchases. Methods: this was based on multiple case studies, the authors' reflexivity, and abductive logic for the analysis of interviews with experts in the area, analysis of publications in official journals, internet information, and internal documents in 14 government institutions. Results: we present a list of factors that are (in)tolerable by the administration in managing contracts/purchases and their underlying reasons. As a theoretical contribution, this study expands the existing public administration literature by including, innovatively, tolerance theory and misconduct and relating them to administrative contract management. Conclusions: having as foremost concern to improve the productivity of administrative contracts, this study clarifies that tolerating can be legitimate and offers measures that can be taken to inhibit the occurrence of misconduct in government procurement and contracting, based on the recommendations of the servants involved in the management of administrative contracts. Still, a research agenda makes proposals for analysis of new factors and explanations eventually not captured in this study. [ABSTRACT FROM AUTHOR]

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]

Based on the Government Regulation in Lieu of Law, it has reduced and changed the nomenclature for the imposition of administrative sanctions against environmental pollution and damage. As regulated in the Implementation of administrative sanctions from the instrument, five points are regulated by the government sanctions instrument. This article uses normative research methods with statutory and analytical approaches. Using primary and secondary data types using deductive logic analysis methods. The results of this study indicate that there is a change in administrative sanction arrangements, especially in administrative fines, where there is no specific indicator in providing the amount of fines. The revocation of business licenses is certainly in line with Good Governance, which lies in legal certainty, effectiveness, and efficiency. This is because the government has full responsibility for the legal position that is made to be implemented as fairly as possible. In addition, the government plays an active role in maximizing administrative law instruments wisely and responsibly. How to cite item: Ismail, Muhammad Rizky Akbar, and Lego Karjoko. “Ideality of Implementation Administrative Sanctions Against Environmental Damage in Indonesia.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 200-211. DOI: 10.26905/idjch.v14i2.10420.

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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]

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]

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]

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]

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The COVID-19 pandemic in 2019 posed a significant threat to public health, resulting in numerous fatalities. In response, the central and local government of Indonesia formulated policies aimed to control the spread of the virus. This research analyzed the enforcement of administrative sanctions for violations of COVID-19 health protocols in Central Lampung, Indonesia using a combination of normative juridical research methods and empirical legal research. Data were obtained by analyzing relevant literature, statutory regulations, and interviews conducted within Central Lampung Regency. The findings reveal that the implementation of COVID-19 health protocols in the region has been successfully conducted based on the Presidential Instruction No. 6 of 2020 and Regional Regulation No. 10 of 2020 at the local level. Administrative law enforcement against violations primarily involves initial verbal warnings, followed by escalated sanctions such as fines and, more severely, revocation of business permits, although the latter is infrequently applied. This research underscores the critical role of structured legal frameworks and responsive governance in managing public health crises.

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]

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]

Competition Law protects free market economies, guaranteeing free competition. Among the various tools Competition Authorities around the world have, the administrative sanctioning process is one of them. In these processes interim measures can be issued. The purpose of an interim measure is to intervene in a specific market in which anticompetitive behaviors are being held, ensuring the effectiveness of an eventual sanctioning decision. The objective of this article is to define and describe interim measures in Competition Law, reviewing, in first place, the legal regulation in the European Union, Spain, France, and Mexico; secondly, a detailed and complete analysis of the development of interim measures in Colombia will be presented (1992-2022). To accomplish this second goal, a full revision of the legal regime in Colombia will be presented, followed by the analysis of the five cases in which the Superintendence of Industry and Commerce has issued interim measures in administrative competition sanctioning processes. Finally, some normative challenges will be presented, which must be revised and addressed by the Congress. [ABSTRACT FROM AUTHOR]

This article aims to analyze the hypotheses in which it is possible to replace a unilateral sanction resulting from contractual breaches by an administrative agreement, as well as the criteria to be observed when choosing between an agreement or a unilateral sanctioning act. To this end, an analysis will be made of the normative provisions that authorize the adoption of consensus in the Brazilian Public Administration and the cases in which it is possible to replace the unilateral administrative act with bilaterality. After defining these assumptions, the existence of authorization in Brazilian law for the replacement of unilateral sanctioning activity, within the scope of administrative contracts, by agreements will be analyzed. Then, the guiding criteria that must be used by the Administration to decide between entering into the agreement or applying the unilateral administrative sanction in the event of contractual administrative infractions will be assessed. In the end, the conclusion will assess the decision-making process by the Administration based on such guiding criteria. [ABSTRACT FROM AUTHOR]

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.)

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.)

In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.

After over two decades of development, Chinese statutory directorial duties have evolved into two segments: the duty of care and the duty of loyalty. However, the duty of care is still difficult to apply. While an abstract and vague drafting style is a common characteristic of Chinese legislation, a survey of existing Chinese laws and administrative rules should assist in clarifying the duty of care requirements expected of directors. Considering the increasing significance of judicial precedents and the exemplary function of administrative sanctions, analysing recent duty of care cases is conducive to supplementing further information and deciphering myths surrounding the application of the duty of care mechanism in China. However, this analysis demonstrates that there are inconsistencies in the standards of care applied by courts and by the China Securities Regulatory Commission. The article finds that a clearer statutory standard of care should be introduced into the People's Republic of China Company Law. [ABSTRACT FROM AUTHOR]

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.)

In its constitution, Indonesia declares itself a state of law. However, government practice frequently ignores the State Administrative Court's judgements, despite the fact that court decisions are a crucial part of the state of law notion. The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not comply with administrative court decisions. This is prescriptive and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. The result of this study shows, Firstly, the results showed that the nature of administrative court decisions is erga omnes. Secondly, the position of the Prosecutor is categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.

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]

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]

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]

This research aimed to identify the causes of the low imposition of fines on the illegal trade of wild fauna in Colombia, and to identify how much of the responsibility falls on the current methodology that Colombian environmental authorities must use to calculate these fines (i.e., “Methodology for the Calculation of Fines for Infringement of the Environmental Normative”). For this purpose, a survey was applied to public officials belonging to Colombian environmental authorities. The results revealed that these entities have several reasons for not imposing fines on the illegal trade of wild fauna. The most important cause is the fact that the referred methodology does not serve the purpose of estimating fines on this illicit activity, since its variable “Degree of environmental affectation” was not designed to be calculated on fauna. This impossibility of calculating fines on the illegal trade of wild fauna has generated two types of behaviors in Colombian environmental authorities: 1) some have refrained from imposing fines on this illicit activity (thus impeding a deterrent effect); and 2) others have modified the methodology (thus breaching the principle of legality), in order to be able to the calculate the fines in the case of this illicit activity. Therefore, given that neither of these two behaviors is suitable, this research calls for the Government of Colombia to enact a new or modified methodology to calculate fines for environmental infringements that adjusts to the characteristics and environmental affectations of the illegal trade of wild fauna. [ABSTRACT FROM AUTHOR]

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]

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]

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]

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This article has the objective of analyzing the legal foundations of the sanctioning power in Cuban public administration from a Constitutional perspective and from the different sectorial legal dispositions that regulate the administrative contraventions and infractions. The methodology employed for this development was based upon the use of specific legal research methods such as the legal-doctrinal and the judicial analysis. Thus, the content of this article tackles the conceptual definition of this administrative power; the study tackles the approach exercised in different constitutional texts that have governed our country and the dissimilar contravention norms currently enforced. Some considerations are shared with the goal of achieving an adequate regulation from a constitutional perspective. The main conclusion of this study is that, in Cuba, the sanctioning power of the Public Administration is not based upon a single written norm, but that its foundation is found along legal disposition of different ranks (Constitution, laws, law-decrees and decrees). [ABSTRACT FROM AUTHOR]

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.)

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.)

The aim of this article is to analyse the origins of differentiation of guarantees that are derived from the principle of due process in regulation of administrative sanctions and the problems caused thereof. In order to reach this aim, the following objectives are established: 1) to reveal the regulation of the guarantees that are derived from the principle of due process in administrative sanctions; 2) to evaluate the validity of analysed regulations and its compatibility with applicable law; 3) to analyse the problems caused by the current legal regulation. The object of the analysis is the legal regulation of guarantees that are derived from the principle of due process int the Administrative Violations Code (AVC) and specialised laws. The factors that influenced the differentiation of guarantees that are derived from the principle of due process (or its reduction) in administrative sanctions are evaluated. The analysis revealed that the guarantees that are derived from the principle of due process are defined as lacking particularity and a proper system, incompatible with the Convention and thus inconvenient in situations when a person is charged with administrative violation.

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]

The article presents a retrospective of the history of economic sanctions and their application in the XX - XXI century. Approaches to the definition of the concepts of sanctions and economic sanctions. Conditionally allocated types of sanctions. Analyzes the political and economic objectives of the sanctions. Identified measures pressure of rating agencies. Estimated losses from the imposition of sanctions for the initiating country.

Environmental administrative sanctions are a means of precautions aiming for the protection of the environment, reduction of environmental damages, nonrepeation of acts causing the damage of the environment. The mentioned actions of the administration shall be concluded in accordance with principles of rule of law, legality, legal certainty. It is important to a great extent to demonstrate the legality of the sanctions and measures when applied subsequently for judicial remedy, during which in the process of application of such sanctions, documentation of the contaminative activities and reveal of activities transparently with its justification had been realized. In the Environment Law numbered 2872, the procedures and principles are determined, which must be obeyed by the officer in charge assigned by the central or provincial organization of the Ministry or by the competent authority of state institutions and organizations authorized by the Ministry for the environmental supervision for detection of violations, which require the impose of administrative sanctions. It is important to consider some factors for the establishment of the process to be applied against any environmental violation by the administrative institutions that have duties and powers in the field of protection of the environment, such as the investigations to be carried out in order to clearly reveal the source of the polluting activity, the means that can be used in determining the violation, the conditions to regard real or legal persons to be responsible for polluting activity, which abolishes the hesitations relevant to the source of pollution. When the decisions of the Council of State are examined, in some of the decisions it is noteworthy that the problems related to the determination of the violation are mentioned and some of the sanctions established by the administration according to the procedure stated in the legislation are cancelled. In this study, a discussion will be made on the decisions of the Council of State and the reasons of the administration and an emphasis will be given to the problems in implementation and legislation. Recommendations will be put forward for the procedures and principles to be more specific in accordance with the principle of legality and to strengthen the lawfulness of the sanctions, which are followed in the areas where inspection may be carried out by the environmental inspection teams and where sea, land, air and other environmental damages may arise.

This paper analyzes the most relevant aspects of sanctions in the state of alarm. After highlighting the absence of a sanctioning regime in the legislation that regulate and declare the state of alarma and the abuse of referrals, the difference between the breach of the rules of conduct and the disobedience to the orders of the authority is analyzed, the subsumption of said breaches in the citizen security legislation is criticized and it is advocated for their redirection to the public health legislation. After that, the possibility is highlighted that the Royal Decrees that declare the state of alarm include their own sanctioning regime and, finally, some guidelines are indicated to configure a legal sanctioning regime more appropriate to emergency situations. [ABSTRACT FROM AUTHOR]