The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Valter Shuenquener de Araújo
Keyword(s):  
Design Methodology ◽  
Legal Framework ◽  
Regulatory Agencies ◽  
Regulatory State ◽  
Public And Private ◽  
Content Type ◽  
Regulatory Governance ◽  
The North ◽  
American Model ◽  
Media Reports

PurposeThe purpose of this paper is to debate on how to achieve, in countries that have invested in the North American model of the regulatory state, the greatest efficiency in creating norms for the organization of public and private activities in order to guarantee the autonomy and technical impartiality required for the proper functioning of regulatory agencies.Design/methodology/approachThis paper describes the development of the legal framework regarding regulatory agencies in Brazil. The research was based on bibliographical data, media reports, and the Brazilian Supreme Court decisions.FindingsThe regulation dissemination through regulatory agencies in Brazil has given rise to a series of controversies concerning the limits of their performance and the extent of their technical discretion. According to the findings, it is concluded that these independent agencies should be guided by the following four pillars: (1) the legal rule of fixed-term in office; (2) the principle of lesser control intensity (deference) of the agency acts; (3) the prohibition of contingency of agencies’ budgetary resources; and (4) the prohibition of agency powers suppression. Otherwise, the institutional capacity of agencies will be diminished and their neutral action in technical matters will be compromised.Originality/valueThis paper shows how enhanced autonomy and technical impartiality can be useful for better regulatory governance in other countries, preventing them from suffering from the same problems that have occurred in Brazil.

scholarly journals 1MDB corruption scandal in Malaysia: a study of failings in control and accountability

2020 ◽  
Vol 23 (1) ◽  
pp. 59-72
Author(s):  
David Seth Jones
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Internal Controls ◽  
Global Network ◽  
Regulatory Agencies ◽  
Political Will ◽  
International Network ◽  
Content Type ◽  
The Poor ◽  
Media Reports

PurposeThe aim of the paper is to examine the various aspects of the 1MDB scandal including the extent and types of corruption that occurred and the action taken to deal with them. In doing this, the paper seeks to identify the reasons for the scandal and the lessons that can be learnt to avoid such a scandal in Malaysia and elsewhere in the future.Design/methodology/approachThe research for the paper is based on evidence from court hearings, reports of watchdog and regulatory agencies, media reports, and various articles and books written about 1MDB.FindingsThe paper shows that most of the scandal involved embezzlement, bribery, false declarations and bond mispricing relating to extensive borrowing by 1MDB, and entailed a global network of shell companies and individuals through which the illicit money was passed. It also shows weak governance in 1MDB, poor internal controls within banks, the failure of watchdog and enforcement bodies to take the necessary action partly due to political control over them, and overall the lack of political will to deal with the scandal.Originality/valueThe paper builds on the findings of other papers and books written on the 1MDB scandal. It does this by linking the corruption to the borrowings of 1MDB, the international network of money-laundering and bribery through which illicit money flowed, and the poor internal controls in the organisation. It also builds on previous research by highlighting the failure of banks to identify money-laundering and of watchdog and enforcement bodies to deal with the corruption. A further value of the paper is to identify the lessons that can be learnt about combatting corruption on such a scale.

Understanding the differences of public and private self-service technology

2014 ◽  
Vol 28 (1) ◽  
pp. 60-70 ◽  
Author(s):  
Joel E. Collier ◽  
Daniel L. Sherrell ◽  
Emin Babakus ◽  
Alisha Blakeney Horky
Keyword(s):  
Structural Equation ◽  
Design Methodology ◽  
Equation Modeling ◽  
Public And Private ◽  
Content Type ◽  
Private And Public ◽  
Self Service ◽  
Self Service Technology ◽  
Individual Self ◽  
Practical Implications

Purpose – The purpose of this paper is to explore the potential differences between types of self-service technology. Specifically, the paper explores how the dynamics of public and private self-service technology influence customers' decision to use the technology. Design/methodology/approach – Existing customers of private and public self-service technology were surveyed from the same industry. Using structural equation modeling, the authors examine how relevant self-service constructs influence evaluations and attitudes of customers across both settings. Findings – The analysis reveals that customers' control and convenience perceptions differ across public and private self-service technology. Additionally, customers placed a heavier emphasis on the hedonic or utilitarian evaluation of a service experience based on the type of self-service technology. Practical implications – For managers of self-service applications, understanding the unique differences of public and private self-service technology can aid in the implementation and adoption of the technology. By properly understanding the differences of the self-service types, managers can provide a beneficial experience to the customer. Originality/value – By identifying and describing two distinct categories of SSTs, this study allows managers and researchers to better understand how and why individuals choose to utilize individual self-service technologies. Through understanding the unique dynamics of a public and a private SST experience, retailers can determine the appropriate strategy for customer adoption based on the utilitarian or hedonic functions of the technology.

A critical examination of the regulation of Ponzi scheme in Mauritius

2018 ◽  
Vol 60 (6) ◽  
pp. 1393-1400
Author(s):  
Valerie Uppiah
Keyword(s):  
Research Method ◽  
Design Methodology ◽  
Legal Framework ◽  
Critical Examination ◽  
Financial Crime ◽  
Modus Operandi ◽  
Content Type ◽  
Ponzi Scheme ◽  
Definition Of ◽  
Legal Mechanism

Purpose The purpose of this paper is to analyse the regulation of the financial crime of Ponzi scheme in Mauritius. Contrary to money laundering which has a legal framework to combat it, for Ponzi scheme, there is no specific legal mechanism to combat this particular financial crime. Therefore, the aim of the paper is to provide for an analysis of Ponzi scheme which includes, inter alia, the definition of a Ponzi scheme, its modus operandi and how it should be tackled. Focus will be placed on devising a specific legal framework for it in Mauritius. Design/methodology/approach The research method used to conduct this research and write this paper is a black letter legal research method. An analysis of several laws and cases is carried out so as to provide for the legal background of the research. Findings The investigation conducted in this paper will lead to the conclusion that Mauritius has to devise a law which will specifically combat Ponzi schemes. This law shall provide for the ways to counter this financial crime as well as the duties of the various financial supervisory bodies. Originality/value The paper provides for an analysis of the operation of Ponzi scheme in the Mauritian context. The paper also examines the existing legal framework that combats this financial crime in Mauritius and highlights its strengths and weaknesses.

The influence of legal framework on the Hellenic sector of public works

2018 ◽  
Vol 60 (5) ◽  
pp. 1196-1209
Author(s):  
Pavlos Metallinos
Keyword(s):  
Design Methodology ◽  
Research Work ◽  
Legal Framework ◽  
Public Works ◽  
Content Type ◽  
Legislative Framework ◽  
Annual Volume ◽  
Statistical Indicators ◽  
Total Circulation

Purpose This study aims to discover the motive for the time-to-time Hellenic collective capitalists’ intervention in the total circulation of capital of public works throughout the relative legislative framework. Thus the study attempts an original correlation of statistical indicators of Hellenic Statistical Authority with the legislative texts. Design/methodology/approach The Hellenic truth is that the branch of public works presents a peculiarity as far as the volume and quality of statistical facts and figures are concerned. To overcome this obstacle, this study analyzed the change of time series, relating the procedure of total circulation of contracting capital involved in public works with the content of the relative legislative rules which were applied during the period of 1958-2004 and their preambles. In this way, the annual volume of the constructional product in general is directly related with the particular characteristics that define the procedure of total circulation of the contracting capital in general. Findings The directly relation between the annual volume of the constructional Product in general and the particular characteristics that define the procedure of total circulation of the contracting capital in general, leads us to conclusions which, related with the policy and practices adopted by the collective capitalist, confirm or even set off eventual failures of respective conclusions drawn according to the prevailing concept. Originality/value By introducing the technique, the aim of this research work is achieved without reproducing the method of study and the conclusions of other researchers.

scholarly journals Practitioner perspectives of multi-agency safeguarding hubs (MASH)

2019 ◽  
Vol 22 (1) ◽  
pp. 9-20
Author(s):  
Sarah Shorrock ◽  
Michelle M. McManus ◽  
Stuart Kirby
Keyword(s):  
Design Methodology ◽  
Best Practice ◽  
Governance Structure ◽  
Structured Interviews ◽  
Content Type ◽  
The North ◽  
Everyday Practices ◽  
Agency Practices ◽  
Practical Implications ◽  
Insight Into

Purpose The challenges of transferring the theoretical requirements of an effective multi-agency partnership into everyday practices are often overlooked, particularly within safeguarding practices. Therefore, the purpose of this paper is to explore practitioner perspectives of working within a multi-agency safeguarding hub (MASH) and those factors that encourage or hinder a multi-agency approach to safeguarding vulnerable individuals. Design/methodology/approach Semi-structured interviews with 23 practitioners from one MASH location in the North of England were conducted, with a thematic analysis being used to analyse findings. Findings The interviews with practitioners illustrated the complexity of establishing a multi-agency approach to safeguarding. It was inferred that whilst information sharing and trust between agencies had improved, the absence of a common governance structure, unified management system, formalisation of practices and procedures and shared pool of resources limited the degree to which MASH could be considered a multi-agency approach to safeguarding. Practical implications Establishing a multi-agency approach to safeguarding is complex and does not occur automatically. Rather, the transition to collaborative practices needs to be planned, with agreed practices and processes implemented from the beginning and reviewed regularly. Originality/value Few studies have investigated the implementation of MASH into safeguarding practices, with this paper providing a unique insight into practitioner opinions regarding the transition to multi-agency practices. Whilst there is a focus on MASH, the challenges to arise from the research may be reflective of other multi-agency partnerships, providing a foundation for best practice to emerge.

Money laundering control in Tanzania

2019 ◽  
Vol 22 (4) ◽  
pp. 796-835
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Case Law ◽  
Legal Framework ◽  
Law And Literature ◽  
Policy Documents ◽  
Content Type ◽  
Enabling Environment ◽  
Banking Institutions ◽  
Political Economic

Purpose This paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems. Design/methodology/approach The paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions. Findings Both law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money laundering activities. Some banks have been implicated in enabling or aiding money laundering offences. These banks have abdicated their obligations to fight against money laundering. This is attributed to the fact that the banks’ internal anti-money laundering policies, regulations and procedures are inefficient, and Tanzania’s legal framework is generally ineffective to tackle money laundering offences. Originality/value This paper uncovers a multi-faceted nature of money laundering affecting banks in Tanzania. It is recommended that Tanzania’s anti-money laundering policy should address law-related, political, economic and other factors that create an enabling environment for the commission of money laundering offences. Tanzania’s anti-money laundering law should be reformed to enhance its efficacy and, lastly, banks should reinforce their internal anti-money laundering policies and regulations and policies.

Historic analogs of civil confiscation of unexplained wealth – the case of Bulgaria

2020 ◽  
Vol 27 (2) ◽  
pp. 561-571
Author(s):  
Todor Kolarov
Keyword(s):  
Theoretical Basis ◽  
Design Methodology ◽  
Roman Law ◽  
Private Law ◽  
Public And Private ◽  
Content Type ◽  
Civil Proceedings ◽  
Unjustified Enrichment ◽  
The Right

Purpose Using Bulgarian legislation on civil confiscation and analysing the nature of the substantive authority to confiscate unexplained wealth, as well as evaluating research in common and continental law, this paper aims to seek historic parallels for non-punitive civil confiscation of unexplained wealth. Design/methodology/approach The design of this paper is centred on determining whether the substantive authority of the state to confiscate unexplained wealth has a Roman law equivalent. Conducting a review of key elements of the substantive authority for the action in Bulgaria, the research examines the validity of the hypothesis that the right to confiscate has a Roman law equivalent. Findings The research supports the position that the substantive authority to seek civil confiscation relief in Bulgaria has its origin in the overarching principle of unjustified enrichment in Roman law. Considering needed adjustments related to the developed demarcation between public and private law in contemporary law, the action to confiscate unexplained wealth in civil proceedings in the case study jurisdiction has its equivalent in the Roman condictio furtiva. Originality/value This paper sheds light on the theoretical basis for civil asset confiscation of unexplained wealth in one continental law jurisdiction, thus contributing to the on-going debate on the compatibility of civil confiscation of unexplained wealth with the continental law tradition.

Need to pioneer Islamic tourism in tourist resorts in Maldives

2019 ◽  
Vol 11 (4) ◽  
pp. 895-916
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha ◽  
Fathimath Nashwa Badeeu ◽  
Aminath Reesha Nafiz
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Legal Framework ◽  
Tourism Industry ◽  
Qualitative Approach ◽  
Financing Structure ◽  
Content Type ◽  
The Subject ◽  
Practical Implications ◽  
Insight Into

Purpose The purpose of this paper is to formulate ways in which Maldives could pioneer Islamic tourism on a befitting framework and financing structure as a leverage to develop its tourism industry. Design/methodology/approach The research uses qualitative approach whereby primary and empirical data on tourism practices as well as relevant laws and guidelines, issued in Maldives and in other Muslim jurisdictions of the Muslim, are analyzed. Doctrinal approach is used in analyzing secondary data on the subject. Findings The research reveals the potential of Islamic tourism in Maldives as well as the challenges that have constrained its development in the country. Certainty is needed in halal products, services and conducts. Codifying extant Maldives Halal Tourism Standards will establish legal framework for a standard Shariah-compliant tourism industry. Islamic financing structure enables mobilizing required funds and address financing constraints. Practical implications This research presents an insight into establishing and developing Islamic tourism industry in the Maldives. Harmonizing tourism regulations with Shariah shall bring about the required consciousness on Shariah compliance in target tourists and their desires. Private individuals can contribute in mobilizing the much needed Shariah-compliant resources to finance Islamic model resorts befitting an Islamic tourism industry. Originality/value The research puts forward proposal that identifies and recognizes a more viable Islamic financing alternative as well as Shariah-compliant regulations to pioneer the development of Islamic tourism in Maldives. The research recommends how to overcome related challenges helps government understand the proposed strategies for establishing Islamic tourism industry.

Do the servicescape of public and private hospitals differ? The Malaysian context

2019 ◽  
Vol 11 (3) ◽  
pp. 357-377 ◽  
Author(s):  
Kim Piew Lai ◽  
Siong Choy Chong
Keyword(s):  
Design Methodology ◽  
Recovery Process ◽  
Public Hospitals ◽  
Ambient Conditions ◽  
Private Hospitals ◽  
Public And Private ◽  
Content Type ◽  
The Public ◽  
Public And Private Hospitals ◽  
Practical Implications

Purpose This study aims to explore if public and private hospitals have differing servicescape attributes. Design/methodology/approach The study uses a two-stage (EFA and CFA) procedure for identifying the servicescape attributes and examining their validity in the context of public and private hospitals. Findings The findings indicate that, in different contexts, patients would expect different aesthetics of servicescape attributes and how they are influenced by the hospital premises. Research limitations/implications It is interesting to note that: not all of the attributes that appear in both contexts are exactly the same; patients do not seem to face difficulties in analysing and interpreting directional cues, even though the spatial orientation in private hospitals is relatively smaller; the way patients of public hospitals draw inference about the ambient conditions is not consistent with private hospitals; and patients perceive that private hospitals pay special attention to developing a built environment that facilitates treatment and recovery process via interior layout, as well as decoration and architecture attributes. Practical implications The study grounds the servicescape attributes and provides insights to effectively promote public and private hospitals. Originality/value This study may be amongst the first to offer servicescape evidence in both the public and private hospitals.

scholarly journals Adoption of principle-based IFRS and intercompany comparability of operating performance

2020 ◽  
Vol 5 (2) ◽  
pp. 341-352
Author(s):  
Protap Kumar Ghosh ◽  
Ranajit Kumar Bairagi ◽  
Abinash Mondal
Keyword(s):  
Content Analysis ◽  
Design Methodology ◽  
Stock Exchange ◽  
Operating Performance ◽  
Financial Statements ◽  
Regulatory Agencies ◽  
Financial Reports ◽  
Content Type ◽  
Do So

PurposeThe study aims to investigate whether the adoption of IFRS could ensure ultimate intercompany comparability of operating performance in terms of uniformity in the application of accounting methods and reporting style.Design/methodology/approachUsing content analysis on 125 annual financial statements of 25 companies from five industries listed on the Dhaka Stock Exchange in Bangladesh, this study reports that only the sole adoption and application of principle based IFRS cannot ensure ultimate intercompany comparability of financial reports.FindingsThe findings document that the adoption of IFRS cannot ensure the application of same accounting methods as well as way of presentations which is a precondition of greater comparability of operating performance of competitive firms. The methodological and reporting direction through local regulatory agencies alongside maximum compliance with principle based IFRS can enhance intercompany comparability of financial reports in the same industry.Originality/valueThis study tries to manifest that sole adoption cum implementation of IFRS could not ensure ultimate intercompany comparability of operating performance within the same industry and urges to conduct further research to find out the ways to do so.

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