scholarly journals The Differentiation of Guarantees that are Derived from the Principle of Due Process in the Application of Administrative Sanctions

Teisė ◽  
2021 ◽  
Vol 120 ◽  
pp. 49-65
Author(s):  
Milda Markevičiūtė
Keyword(s):  
Due Process ◽  
Legal Regulation ◽  
Applicable Law ◽  
Proper System ◽  
Administrative Sanctions

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.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals Improvement of legal regulation of foreign economic transactions in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 94-104
Author(s):  
Dilfuza Imamova
Keyword(s):  
Foreign Currency ◽  
Legal Regulation ◽  
State Regulation ◽  
Applicable Law ◽  
Arbitration Clause ◽  
Commercial Enterprise ◽  
The Republic ◽  
Contract Language ◽  
Definition Of ◽  
Economic Transaction

The article deals with issues related to improving the legal regulation of foreign economic transactions in the Republic of Uzbekistan. It is determined that foreign economic transaction is a transaction in which one party is a foreign company or a commercial enterprise located in another state, the trade focused on the import or export abroad and to use in settlements with counterparty foreign currency. It was found out that some types of foreign economic transactions are not reflected in the national legislation of the Republic of Uzbekistan, namely distribute and forfeiting contracts. The article notes that there are various problems associated with the incorrect formation of the terms of foreign economic transactions, their content and requirements, in particular when reflecting the applicable law, the arbitration clause, determining the advantages of the contract language, the application of non-state regulation. It is concluded that it is necessary to regulate the definition of applicable law in relation to certain types of foreign economic transactions that are not reflected in the Сivil code of the Republic of Uzbekistan, namely, in relation to distribution and forfeiting contracts, certain types of foreign economic transactions, internet auctions, internet contests or internet exchanges. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of settlement of certain types of foreign economic transactions were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation.

Better regulation, administrative sanctions and constitutional values

Legal Studies ◽  
2013 ◽  
Vol 33 (2) ◽  
pp. 312-339
Author(s):  
Karen Yeung
Keyword(s):  
Due Process ◽  
Cost Effective ◽  
The Other ◽  
Regulatory Enforcement ◽  
The Rule Of Law ◽  
Enforcement Action ◽  
Better Regulation ◽  
The One ◽  
The Uk ◽  
Administrative Sanctions

This paper interrogates the predisposition in favour of informal, low-intervention control styles of enforcement advocated by the ‘better regulation’ movement, and which resonates throughout the Hampton Report recommendations which are currently being implemented in the UK. It focuses on three practices that reflect the trend towards diverting regulatory enforcement action away from the courts in favour of reliance on formal administrative sanctioning powers ranging from ‘hard’ to ‘soft’: the use of negotiated penalty settlements, the acceptance of administrative undertakings (‘enforcement undertakings’) and the provision of firm-specific compliance advice by regulators. Each practice is explored through various analytical lenses which enable the underlying constitutional tensions to be identified and interrogated. In so doing, it demonstrates how the emphasis on bargaining, negotiation and discussions between regulators and those they are responsible for regulating advocated by the UK better regulation movement may antagonise several constitutional values, including transparency, accountability, due process and participation, as well as several values associated with formal conceptions of the rule of law. On the other hand, resort to negotiation and discussion in regulatory enforcement can generate important benefits, largely in facilitating the timely, creative and cost-effective resolution of enforcement disputes while avoiding the formality, delay and hostility associated with formal court adjudication. This ‘clash of logics’ can be traced to inherent differences between bargaining, on the one hand, and adjudication on the other. Bargaining and adjudication represent two quite different and distinct forms of ordering through which disputes can be resolved, and it is these differences that lie at the foundation of their respective virtues and shortcomings when employed to resolve disputes concerning regulatory violations.

Stop and Search as a Respectful Encounter

2020 ◽  
pp. 68-94
Author(s):  
Gabrielle Watson
Keyword(s):  
Police Officers ◽  
Due Process ◽  
Crime Control ◽  
Legal Regulation ◽  
Bodily Integrity ◽  
The Public ◽  
Minority Ethnic Groups ◽  
Statutory Power ◽  
Stop And Search ◽  
Minority Ethnic

In this chapter, there is a shift in focus to the statutory power of the police to stop and search, the controversial status of which is not new. Less well documented, however, is that stop and search is highly relevant to the study of respect, since the practice tends to undermine the value, if not render it conspicuously absent. The chapter is organised as follows. The opening section explores how we might sharpen our critique of stop and search by framing it in terms of respect. Stop and search—a common form of adversarial contact between the police and the public—taps into deep and ingrained tensions between preventive policing, the exercise of coercive state authority, due process, and crime control. Among the most incisive criticisms of the power are its disproportionate and discriminatory exercise in relation to minority ethnic groups, its role in eroding police legitimacy, and the invasion of privacy and violation of bodily integrity necessitated by the search itself. The next section assesses three prominent proposals for the reform of stop and search—procedural justice training for police officers, tighter legal regulation of the power, and abolition—in terms of respect.

Part II Legal Challenges, 6 European Antitrust Criminalization and the Second Challenge of Due Process: Imposing Criminal Sanctions alongside Civil Sanctions

2014 ◽  
Author(s):  
Whelan Peter
Keyword(s):  
Due Process ◽  
Eu Law ◽  
Double Jeopardy ◽  
Legal Requirement ◽  
Criminal Sanctions ◽  
Actual Impact ◽  
Exchange Of Information ◽  
Legal Challenges ◽  
Process Issue ◽  
Administrative Sanctions

This chapter evaluates the ‘additional dynamic’ contention which holds that the introduction of criminal antitrust sanctions in a particular jurisdiction does not preclude the imposition of civil/administrative sanctions alongside criminal sanctions for a given cartel. After establishing the validity of this contention, the chapter determines the actual impact of the contention, and hence the extent of the challenge presented by this aspect of the legal requirement of due process. A potential due process issue was identified with the exchange of information from administrative antitrust regimes to criminal antitrust regimes. The second identified issue of due process concerned ‘double jeopardy’. It was argued that this issue becomes relevant due to: (i) the validity of the ‘additional dynamic’ contention; and (ii) the fact that an individual can in fact constitute an ‘undertaking’ for the purposes of EU law. The final identified issue of due process related to concurrent proceedings.

The Law Applicable to Peace Operations

2014 ◽  
Author(s):  
Dieter Fleck
Keyword(s):  
Legal Regulation ◽  
Peace Operations ◽  
Judicial Control ◽  
Applicable Law ◽  
The Status ◽  
Fact Finding ◽  
Logistic Support ◽  
Implementation Gaps ◽  
And Control ◽  
Policy Problems

This chapter examines issues within the wider field of peace operations, focusing on gaps and policy problems of legal regulation. Section II begins by looking at frictions that evolved during the genesis of these operations and their current legal challenges. Section III takes a critical look at the existing legal basis and political control of these operations. Section IV comments on the status of peacekeepers in the host country and in transit states. Section V examines select issues of applicable law and policy for the conduct of peace operations. These include security and safety; command and control; freedom of movement, communications, and logistic support; and relevant operational law issues including compliance by peacekeepers with human rights obligations, protection of civilians, force protection, and operational detentions. Section VI discusses problems concerning the accountability of sending states, international organizations, and individual wrongdoers in context with fact-finding, judicial control, and the desirability of their improvement. Finally, Section VII draws some conclusions, focusing on implementation gaps and desirable legal developments.

scholarly journals Directions of improvement of normative regulation of judicial status of investigating judge

Legal Ukraine ◽  
2019 ◽  
pp. 38-47
Author(s):  
Svetlana Sharenko
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Control Function ◽  
Legal Regulation ◽  
Private Life ◽  
International Standards ◽  
Judicial Control ◽  
The Right

The article deals with legal regulation of the procedural status of an investigating judge. The author examines the standards that are formulated in the relevant international legal acts, in the practice of the ECHR, in the positions expressed by European experts, and relates to the activities of an investigating judge. They are classified into three groups: (a) Standards defining as a whole the requirements for the place and role of the court in the implementation of criminal justice, and therefore extend to all judicial functions, including judicial control function; b) standards defining the requirements for the organization and implementation of the judicial control function at the stage of pre-trial investigation; c) standards that determine the requirements for observance of human rights and freedoms, and thus serve as guiding points for subjects exercising judicial control powers. Standards defining in general the requirement for the place and role of the court in the implementation of criminal justice (such as the availability of justice, binding judgments, fair trial, due process hearing, equality before the law and the court, parties’ competition, transparency of the judicial system etc.), as well as standards that define requirements for the observance of human rights and freedoms (such as the right to liberty and security of person, the right to respect for private life, the right to protection, etc.) have already been sufficiently studied at the level of special investigations. The subject of this study is international standards, which determine the requirements for the organization and implementation of judicial control at the stage of pre-trial investigation. The author examines the standards of protection of constitutional rights by the court, a standard for clearly demarcating the role of investigator, prosecutor and investigating judge in order to ensure real competition at the stage of pre-trial investigation; the standard of the materiality of the right of restriction; standard of urgency of judicial control; the standard of the prohibition of the participation of an investigating judge in the examination of the merits. Key words: standards of activity of an investigating judge, judicial control powers, judicial control, the investigating judge.

Approaches to Increasing Access to Innovative Drugs Based on Cost-sharing Agreements

2020 ◽  
pp. 55-60
Author(s):  
Inna Alexandrovna Zheleznyakova ◽  
Alexey Alexandrovich Fyodorov
Keyword(s):  
Russian Federation ◽  
Cost Sharing ◽  
Legal Regulation ◽  
Applicable Law ◽  
Goods And Services ◽  
Health Authorities ◽  
Modern Drug ◽  
Public Health Authorities ◽  
The Russian Federation ◽  
Innovative Drugs

Existing approaches to the implementation of cost-sharing agreements in the Russian Federation are described. Such agreements are used in practice to limit budget expenditures while improving access to modern drug therapy for patients. Presently, innovative models of drug provision are not directly mentioned in federal legislation and are not covered by special legal regulation; therefore, they are regulated by the general rules of the applicable law. The authors propose approaches to determining the juridical nature of cost-sharing agreements, analyze the organizational schemes used in practice and assess their compliance with different legislative fields: civil law, legislation on the protection of competition, law on the contract system in the procurement of goods and services for state and municipal needs, and the law on obligatory medical insurance. The results of the analysis can be used in the implementation of cost-sharing agreements in the daily activities of medical organizations and public health authorities of the Russian Federation.

Criteria for Evaluation

2019 ◽  
pp. 57-74
Author(s):  
Kevin E. Davis
Keyword(s):  
Due Process ◽  
Legal Regulation ◽  
The Law ◽  
Criteria For Evaluation

This chapter sets out the criteria for evaluation of transnational bribery law. The UN Convention against Corruption suggests that the law ought to address the problems posed by bribery effectively and efficiently in a manner compatible with due process. Legitimacy and fairness are also potentially relevant. In order to apply these precepts, the chapter considers the nature of the problems posed by bribery, how to measure the progress in mitigating those problems, and then defines the concepts of effectiveness, efficiency, due process, legitimacy, and fairness. Effectiveness can be defined in many different ways depending on whether one focuses on impacts on victims, wrongdoers, and potential victims or wrongdoers. These distinctions correspond to three traditional objectives for legal regulation, namely, compensation, condemnation, and prevention. It is also necessary to distinguish impacts on fellow nationals and foreigners.

Cases

2021 ◽  
pp. 89-292
Author(s):  
Giacinto della
Keyword(s):  
Comparative Analysis ◽  
Environmental Impact ◽  
Asylum Seeker ◽  
Due Process ◽  
Civil Servant ◽  
Public Consultation ◽  
Administrative Procedure ◽  
Due Process Of Law ◽  
Administrative Sanctions ◽  
Industry Representative

This chapter presents ten hypothetical cases. The first three cases include dismissing a civil servant without due process of law; the unwelcome asylum seeker; and deciding on a protected building without consulting experts. The second set of cases deal with an opaque administrative sanctions procedure; an administrative 'detention' without reasons; and the 'adequate' reasons for censorship'. These are followed by hypothetical cases concerning administrative orders and posthumous reasons; the industry representative that was not consulted; and citizens and environmental impact assessment. The final case focuses on the duty of public consultation. The chapter details the administrative procedure and judicial review in the legal systems selected for comparative analysis, with regard to the ten hypothetical cases.

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