Stark, Carsten (2018): Organizational Integrity. Individual Misconduct and the Legal Structure of Society

2019 ◽  
Vol 60 (2) ◽  
pp. 421-423
Author(s):  
Sebastian Wolf
Keyword(s):  
Legal Structure ◽  
Organizational Integrity

Birlikte Yaşama Kültürü Çerçevesinde Avrupa Birliği ve Türkiye Politikaları: Suriyelilere Yönelik Tutumun Sultanbeyli Örneği Üzerinden Değerlendirilmesi

2017 ◽  
Vol 4 (1) ◽  
pp. 41-61
Author(s):  
Pelin Sönmez ◽  
Abulfaz Süleymanov
Keyword(s):  
Civil Wars ◽  
Large Scale ◽  
Social Acceptance ◽  
Point Of View ◽  
The Other ◽  
Syrian Refugees ◽  
The European Union ◽  
International Protection ◽  
Legal Structure ◽  
Turkish People

Türkiye, Cumhuriyet tarihinin en yoğun zorunlu göç dalgasını 2011 yılından bu yana süren Suriye Savaşı ile yaşamaktadır. Suriye vatandaşlarının geçici koruma statüsü altında Türkiye toplumuna her açıdan entegrasyonları günümüzün ve geleceğin politika öncelikleri arasında düşünülmelidir. Öte yandan ülkeye kabul edilen sığınmacıların kendi kültürel kimliğini kaybetmeden içinde yaşadığı ev sahibi topluma uyumu, ortak yaşam kültürünün gelişmesi açısından önem arz etmektedir. Bu makalede, "misafir" olarak kabul edilen Suriyeli vatandaşların Türk toplumunca kabul edilmeleri ve dışlanma risklerinin azaltılmasına yönelik devlet politikaları ortaya konularak, üye ve aday ülkelere göçmenlerin dışlanmasını önlemek için Avrupa Birliği (AB) tarafından sunulan hukuki yapı ve kamu hizmeti inisiyatifleri incelenmekte, birlikte yaşam kültürü çerçevesinde Suriyeli vatandaşlara yönelik  toplumsal kabul düzeyleri ele alınmaktadır. Çalışma iki ana bölümden oluşmaktadır: göçmen ve sığınmacılara karşı toplumsal dışlanmayı engellemek için benimsenen yasa ve uygulamaların etkisi ve İstanbul-Sultanbeyli bölgesinde Suriyeli sığınmacılarla ilgili toplumsal algı çalışmasının sonuçları. Bölgede ikamet eden Suriyelilere yönelik toplumsal kabul düzeyinin yüksek olduğu görülürken, halkın Suriyelileri kendilerine  kültürel ve dini olarak yakın hissetmesi toplumsal kabul düzeyini olumlu etkilemektedir. ABSTRACT IN ENGLISHAn evaluation of the European Union and Turkish policies regarding the culture of living togetherThis article aims to determine the level of social acceptance towards Syrians within the context of cohabitation culture by evaluating EU’s legal structure and public service initiatives in order to prevent Syrian refugees from being excluded in member and candidate countries and by revealing government policies on acceptance of Syrians as “guest” by Turkish society and minimizing the exclusion risks of them. This article consists of two main parts, one of which is based on the effects of law and practices preventing refugees and asylum seekers from social exclusion, and the other is on the results of social perception on Syrians in Sultanbeyli district of Istanbul. At the end of 5-years taking in Syrian War, it is obvious that most of more than 3 million Syrian with unregistered ones in Turkey are “here to stay”. From this point of view, the primary scope of policies should be specified in order to remove side effects of refugee phenomenon seen as weighty matter by bottoming out the exclusion towards those people. To avoid possible large-scale conflicts or civil wars in the future, the struggle with exclusion phenomenon plays a crucial role regarding Turkey’s sociological situation and developing policies. In the meaning of forming a model for Turkey, a subtitle in this article is about public services for European-wide legal acquis and practices carried out since 1970s in order to prevent any exclusion from the society. On the other hand, other subtitles are about legal infrastructure and practices like Common European Asylum and Immigration Policies presented in 2005, and Law on Foreigners and International Protection introduced in 2013. In the last part of the article, the results of a field survey carried out in a district of Istanbul were used to analyze the exclusion towards refugees in Turkey. A face-to-face survey was randomly conducted with 200 settled refugees in Sultanbeyli district of Istanbul, and their perceptions towards Syrian people under temporary protection were evaluated. According to the results, the level of acceptance for Syrians living in this district seems relatively high. The fact that Turkish people living in the same district feel close to Syrian refugees culturally and religiously affect their perception in a positive way: however, it is strikingly seen and understood that local residents cop an attitude on the refugees’ becoming Turkish citizens.

Problematika Yuridis Wakaf Hak Kekayaan Intelektual di Indonesia

2018 ◽  
Vol 1 (2) ◽  
pp. 123-138
Author(s):  
Eva Mir'atun Niswah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Culture ◽  
Legal Structure ◽  
Clear Explanation

Intellectual Property Rights (IPR) is one of movable objects that can be represented according to waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf). The previous regulations did not mention IPR as waqf object. IPR becomes waqf object because there is a shift of  paradigm on productive waqf. However, the waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf) has many juridical problems. For example, there is no specific explanation about IPR waqf as well as money waqf. Besides, the IPR practice is very rare due to unclear forms of IPR waqf. Juridical problems on IPR waqf are related to legal substance, legal structure and legal culture. On legal substance, there is no clear explanation and mechanism of IPR waqf. On legal structure, there is no clear explanations about who can be the wakif or nazir on IPR waqf. On legal culture, many people are still unfamiliar with intangible waqf object (the conventional waqf object is land). Therefore, the acceptance of an intangible object such as IPR as a waqf object is very low.

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

Institutional and legislative structure of water quality management in Turkey

1994 ◽  
Vol 30 (5) ◽  
pp. 261-268 ◽  
Author(s):  
Selmin Burak ◽  
I. Ethem Gönenç ◽  
Arzu Erol
Keyword(s):  
Water Management ◽  
Water Quality ◽  
Quality Management ◽  
Water Quality Management ◽  
Secondary Importance ◽  
Structure Of Water ◽  
Legal Structure ◽  
Set Up ◽  
Legislative Structure

This paper examines the administrative and legal structure of the wastewater sector in Turkey, identifying its shortcomings and their causes, and suggests solutions. The study begins by outlining the existing administrative and legal structure, then focusing on the areas where difficulties are faced and seeking solutions to them. Those administrative and legal facets which have produced improvements and/or function effectively have been analysed so as to provide examples for other areas. When examining the sector it was observed that problems common to every area are the failure to adequately define powers and responsibilities, the lack of coordination between sectoral organisations, and the fact that attention is generally concentrated on routine matters of secondary importance. The fact that numerous organisations share powers in the same area causes confusion. Plurality also creates difficulties where enforcement is concerned. The existence of more than one set of regulations relating to the same area gives rise to loopholes. At the same time, unrealistic, and hence unenforceable standards undermine the effectiveness of sanctions. It has been concluded that a single organisation should be invested with the legal powers to lay down the principles of water management, that environmental courts should be set up to enforce legislation by means of sanctions; and that for this purpose existing legislation should be reexamined and revised as necessary and/or brought up to date.

Ethical leadership and its role in organizational integrity to reduce the nutrients of administrative corruption

2017 ◽  
Vol 3 (2) ◽  
pp. 272
Author(s):  
Yousef Hajim Al-Taie ◽  
Darwn Faraidun Abdulla ◽  
Wrya Najm Rasheed
Keyword(s):  
Decision Making ◽  
Ethical Leadership ◽  
Multiple Control ◽  
Negative Behaviors ◽  
Appropriate Behavior ◽  
Positive Side ◽  
Organizational Integrity ◽  
Key Variables ◽  
Independent Variable ◽  
Lack Of Commitment

The ethical  leadership is considered as one of the most  vital  practices , leadership styles and as an aspects of appropriate behavior to build organizational social relationships between the human capital in organization and its outside , and characterized their relationship by two-way , between the superior and subordinate from one way and  between them and the society on the other hand, in order to focus on strengthen relations processes and the appropriate decision making  in accordance with the behaviors of ethical  leadership Which focuses in its philosophy on credibility, trust and justice in the distribution of decision-making among individuals, and the most important thing that  individuals need is to encourage ethical values that limit the behavior of perverse action or negative behavior, and whenever  the leadership does ethically, they may  led to achieve organizational integrity, which emphasizes its philosophy to avoid negative behaviors or illegal and adhere by the behavior rules and ethical discipline  that would limit from the behavior of deviant corruption or rooted in the organizations. Organizational integrity it deliberated as the most significant aspects of the development of organizations in the third millennium, which focuses socially on the forces of work and highlight the positive side of the Organization activities and educating and training of individuals on such those kind of actions, taking into consideration its impact on the external environment and adherence to ethical standards and principles that they have a mental acceptance. Therefore, it can be said that through ethical leadership and organizational integrity, organizations can reduce the spread of administrative corruption and eliminate its nutrients and incubators by fostering a culture of ethical leadership and working with the principles of organizational integrity within the wholly organization. Hence, the current study focused on the three key variables.  The independent variable is the ethical leadership, according to the model of (Sajefert et al..2016), with its dimension which includes (Justice, ethical principles, orientation towards individuals, separation between authorities, classification and anxiety bearing), while the mediator variable is the organizational integrity which were applied based on the model of (Moon & Hamition: 2013), which its sub-dimensions consists of  (critical task, supervision, focus on the process, focus on efficiency, human resource, trust, learning and improvement, change management). However,  the dependent variable of our study is nutrients of administrative corruption including  the dimensions, which have been obtained from the preliminary study of a number of experts and academics, as identified as more than twenty dimensions and  then the following dimensions, which have been got the agreement between most of the experts, are  (mortal routine, job Infiltration during work, career lazing, partisan interest, multiple control points, lack Importance in specialization, carelessness, lack of commitment, lack of knowledge of the profession ethics, Competencies and incompetence Conflict, the lack of strict laws and regulations, linking salary to productivity). Questionnaires were designed and which have been pre-tested for data collection and measurements were developed using a random sampling method. The questionnaires were distributed for the sample of 70 employees in three important departments in Najaf Governorate (Tax Department, State Real Estate Department and Registration Department) to be a part of the current study. Numerical statistical methods were applied, including mean, standard deviation, percent weight, C.V, and simple and multiple linear regressions using SMART PLS program. The results showed a positive correlation among the three variables in varying proportions. Based on the results of the current study, a number of recommendations were suggested to strengthen the importance of ethical leadership in achieving organizational integrity as well as to reduce the spread of administrative corruption and eliminate its nutrients and incubators in other organizations.

An Impact of Ethical Leadership on Perceived Organizational Integrity and Unethical Pro-Organizational Behavior

2017 ◽  
Vol 9 (1) ◽  
pp. 87-113 ◽  
Author(s):  
Chul-Woo Lee ◽  
◽  
Chulwoo Kim ◽  
Keyword(s):  
Organizational Behavior ◽  
Ethical Leadership ◽  
Organizational Integrity

An Empirical Investigation of IPO Underpricing and the Change to the LLP Organization of Audit Firms

2004 ◽  
Vol 23 (1) ◽  
pp. 53-67 ◽  
Author(s):  
Steven R. Muzatko ◽  
Karla M. Johnstone ◽  
Brian W. Mayhew ◽  
Larry E. Rittenberg
Keyword(s):  
Initial Public Offering ◽  
Audit Quality ◽  
Limited Liability ◽  
Litigation Risk ◽  
Ipo Underpricing ◽  
Audit Firm ◽  
Legal Structure ◽  
Audit Firms ◽  
Public Offering

This paper examines the relationship between the 1994 change in audit firm legal structure from general partnerships to limited liability partnerships (LLPs) on underpricing in the initial public offering (IPO) market. The change in legal structure of audit firms reduces an audit firm's wealth at risk from litigation damages and reduces the incentives for intrafirm monitoring by partners within an audit firm. Prior research suggests that underpricing protects underwriters from litigation damages, and that the level of underpricing varies inversely with both the amount of implicit insurance provided by the audit firm and the quality of the audit services provided. We hypothesize the change in audit firm legal structure reduced the assets available from audit firms in IPO-related litigation and indirectly reduced audit quality by lowering intrafirm monitoring. As a result, underwriters have incentives as a joint and several defendant with the audit firms to increase IPO underpricing, particularly for high-litigation-risk IPOs, following audit firms' shifts to LLP status. Our findings are consistent with this hypothesis.

The Universal Rule of Law in the Thought of the Late Medieval Jurists of Roman and Canon Law

2018 ◽  
Author(s):  
Joseph Canning
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Canon Law ◽  
Research Question ◽  
Late Medieval ◽  
Legal Structure ◽  
Vertical Relationship ◽  
New Research ◽  
Universal Rule ◽  
Universal Application

Late medieval Roman and canon law jurisprudence provided the origins of European notions of a universal rule of law in two senses: a legal order of universal extent and a structure of higher norms of universal application. Whereas modern international law is primarily concerned with the horizontal relationship between states, medieval jurists mainly considered the vertical relationship between universal and territorial powers. They developed de iure–de facto arguments to justify a plurality of sovereign states within an overall universal legal structure. Contributions to the elaboration of theories of just war were also made. We must be cautious about claiming that late medieval jurists contributed to the development of early international law as normally understood. Nevertheless, early-modern theorists of international law referred back to the work of their medieval juristic predecessors. A new research question is emerging about the usefulness of using the term ‘international’ in interpreting medieval jurists.

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