scholarly journals Third Party Institute in Civil and Arbitration Proceedings: Some Problems of Law Enforcement

2020 ◽  
Vol 7 ◽  
pp. 19-21
Author(s):  
Natalya A. Artebyakina ◽  
Keyword(s):  
Law Enforcement ◽  
Third Party

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

scholarly journals Problems of counteraction to economic crimes in modern conditions

2020 ◽  
Vol 13 (1) ◽  
pp. 108-117 ◽  
Author(s):  
M . M. Begichev ◽  
A. V. Vlasov
Keyword(s):  
Law Enforcement ◽  
Digital Technologies ◽  
The State ◽  
Economic Crime ◽  
Third Party ◽  
Ancient Rome ◽  
Economic Sphere ◽  
Economic Crimes

The Development of economic crime occurred in Russia in the «dashing 90s», at the same time the first economic crimes are known in the era of ancient Rome and Egypt, and each era is somehow connected with new economic crimes that have their own characteristics and specificity. The problem of preventing crimes in the economic sphere is complex, requiring all third-party study in a specific period of time and countering them depends directly on the mechanisms that are currently in the state and law enforcement agencies.The article analyzes the peculiarity of the use of digital technologies aimed at combating economic crime.

scholarly journals Lines of Action for Sexting Prevention and Intervention: A Systematic Review

2021 ◽  
Author(s):  
Mónica Ojeda ◽  
Rosario Del Rey
Keyword(s):  
Systematic Review ◽  
Law Enforcement ◽  
Third Party ◽  
Childhood And Adolescence ◽  
Family Policies ◽  
Prevention And Intervention ◽  
Legal Advice ◽  
Conflict Situations ◽  
The Relationship ◽  
Communication Methods

AbstractSexting has become a new form of intimate interaction in line with contemporary communication methods. This phenomenon often leads to positive outcomes, but it can also have negative repercussions depending on the situation, such as the context of the relationship, and whether it is consensual or coercive. Despite this, the main types of sexting behaviors (sending, receiving, and third-party forwarding) must be addressed in order to promote safe and healthy practices. However, the approach to tackling this phenomenon remains unclear. This systematic review sought to summarize the lines of action proposed or conducted in the scientific literature to address sexting, to help researchers and educators create and evaluate effective programs. A systematic search of 21 databases was conducted; only articles relating to sexting education, prevention, and intervention among child and adolescent populations were considered. In total, 456 articles were identified, 91 of which were included for the purposes of this research. The results highlighted a need to respond to the aforementioned sexting behaviors and to tackle the resulting conflict situations. Although interventions across different areas are recommended (e.g., health, family, policies, legal advice, law enforcement, technology experts, and even society as a whole), most studies agree that school is the most practical setting for intervention. Thus, the 15 lines of action identified in this systematic review must all be considered to effectively address sexting in childhood and adolescence.

scholarly journals Telaah Yuridis terhadap Pengaturan Restorative Justice di Kepolisian

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 562
Author(s):  
Rena Yulia ◽  
Aliyth Prakarsa
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Third Party ◽  
Criminal Investigation ◽  
Criminal Cases ◽  
Legal Research ◽  
Police Investigation ◽  
Perpetrators And Victims ◽  
Investigation Process

Police institutions are the first and main gate in law enforcement efforts. First, the police institution in charge of carrying out each criminal case’s enforcement, then the next stage will be determined by the police. The practice of law enforcement so far tends to be retributive justice, so that only a few cases can be resolved in the police investigation process. Restorative justice appears by offering various advantages, including a simple settlement process, involving both parties, both perpetrators and victims, and the role of a third party to mediate, so that cases can be resolved according to the agreement. The police, as the first institution in the law enforcement process, had already issued regulations regarding the application of restorative justice, as a form of law enforcement efforts to change retributive law enforcement. The purpose of this research judicially examined the regulation of restorative justice at the police investigation phase in line with the enactment of the regulation of the Chief of Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases and the Regulation of the Chief of the Indonesian Police Number 6 of 2019 concerning Criminal Investigation. This research used a qualitative research method with the type of normative legal research through a statutory approach

Reality and responsibility: A commentary on the treatment of pain and suffering in a drug-using society

2006 ◽  
Vol 2 (3) ◽  
pp. 123 ◽  
Author(s):  
Steven D. Passik, PhD ◽  
Howard Heit, MD, FACP, FASAM ◽  
Kenneth L. Kirsh, PhD
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Prescription Drugs ◽  
Third Party ◽  
Prescription Drug Abuse ◽  
Law Enforcement Agencies ◽  
Society Meeting ◽  
Societal Problem ◽  
Pain And Suffering ◽  
The Media

While opioids are a necessary part of the armamentarium of pain management, there has been a growing trend toward prescription drug abuse and diversion in our society. Meeting the goal of treating pain while not contributing to drug abuse and diversion requires vigilance and education. Physicians and patients have been singled out as the main players in the societal problem of diversion of prescription drugs. In fact, the problem can only be overcome when not only physicians and patients but also healthcare practitioners, third-party payers, law enforcement agencies and regulators, the pharmaceutical industry, and the media finally work together to prevent it, instead of fingering any one party for the blame.

Das Prinzipal-Agenten-Problem im kollektiven Rechtsschutz

2020 ◽  
Author(s):  
Jasmin Haider
Keyword(s):  
Law Enforcement ◽  
Public Law ◽  
Third Party ◽  
Principal Agent ◽  
Control Mechanisms ◽  
Legal Systems ◽  
Institutional Economic ◽  
Collective Redress ◽  
German American ◽  
Selection Of

An examination of the causes and peculiarities of the principal-agent-conflict already existent in individual redress, the increase of the problem in collective redress and possible legal and institutional economic solutions which target the selection of the lawyer, control mechanisms during the process through the claimants themselves, the judge or a third party or the extension of public law enforcement. The German, American, French, English and Dutch legal systems are subjects of the examination.

Hedge fund manager fraud through PIPEs

2018 ◽  
Vol 25 (3) ◽  
pp. 636-645
Author(s):  
Majed R. Muhtaseb
Keyword(s):  
Law Enforcement ◽  
Private Equity ◽  
Hedge Fund ◽  
Public Information ◽  
Third Party ◽  
Economic Crises ◽  
Fund Manager ◽  
Content Type ◽  
Fund Managers ◽  
Hedge Fund Manager

Purpose The purpose of this paper is to draw lessons to investors from the conduct of a hedge fund manager who according to the Securities and Exchange Commission (SEC) complaint made false and misleading statements before and after an auditor’s reports, misappropriated for personal benefit over $1m, misappropriated clients’ assets, failed to conduct due diligence on third-party buyer, instructed an employee to mislead investors and satisfied some investors’ redemptions with other investors’ subscriptions (Ponzi scheme) without disclosing it to investors. Ironically, the scheme was unveiled by the economic crises and not the investors, their advisers or third-party hedge fund vendors. Corey Ribotsky set up the investment adviser NIR Group to manage four AJW Funds that invested in private equity in public companies in 1999. Through manipulation of financial statements, he also managed to collect about $136m in management and incentive fees over an eight-year period. The SEC complaint alleged the AJW Funds’ assets to be $876m in 2007, yet this figure was not verified, and no assets were traced. Ribotsky did not pay any monies to SEC, as ordered by court settlement, and hence the victims did not recover any of their monies. The SEC could not produce criminal charges; hence, Ribotsky did not go to jail. This case highlights sterility of law enforcement when confronted with brazen fraud. Findings Investors fail to monitor hedge fund managers. Fraud was detected late and not through investors. Fraud was unraveled by the economic crises of 2008. The SEC had sued the fund manager. The fund manager consented to making payment to the SEC but did not make any payments. The SEC could not bring evidence to criminally charge the fund manager. Research limitations/implications The findings based on the case study are valuable to investors and hedge fund industry stakeholders. The findings are not based on an empirical study. Practical implications Investors need to carefully vet all hedge fund managers before allocating and funds and understand how managers make money through the claimed strategy. Also, there are limitations to law enforcement even with confronted with profound fraud schemes. Originality/value The case was built up from public sources to benefit investors considering making allocations to hedge fund managers. The public information about the case is of either legalistic or journalistic in nature.

scholarly journals The problems of fulfilling the obligations of a bankrupt debtor by a third party within the framework of personal bankruptcy procedure

2020 ◽  
pp. 56-64
Author(s):  
Maksim Viktorovich Bolotov
Keyword(s):  
Law Enforcement ◽  
Third Parties ◽  
Third Party ◽  
Bankruptcy Law ◽  
Personal Bankruptcy ◽  
Legal Entity ◽  
The Third ◽  
Bankruptcy Procedure ◽  
The Third Party ◽  
Rules Set

This article is dedicated to the problem of fulfillment of obligations of a bankrupt debtor by a third party within the framework of personal bankruptcy procedure and the possibility of application of rules set for legal entity debtors. Research is conducted on the need to maintain not only certain sequence of actions of the third party, arbitration administrator and the court, but also the question of proof of origin of funds. Each year brings a growing number of personal bankruptcy cases, prompting the growing need for application of norms on fulfillment of obligations of a debtor by a third party. Within the framework of personal bankruptcy institution there are no such norms, while the law enforcement practice demonstrates a need for norms on fulfillment of obligations of debtors by third parties in the context of the procedure of debt restructuring and liquidation of property. The rules established by the Articles 113 and 125 of the Bankruptcy Law can be applied in resolution of the question of repayment of personal debts by a third party. At the same time, in addition to adherence to the formal order of repayment requirements, it is necessary to examine the question of the source of funds received by the third party.

PENDEKATAN KOMUNIKASI DALAM PENYELESAIAN KONFLIK SOSIAL DAN AGAMA DI NUSANTARA

2018 ◽  
pp. 17-32
Author(s):  
Agus Susanto
Keyword(s):  
Law Enforcement ◽  
Social Relationships ◽  
Religious Conflict ◽  
Third Party ◽  
Social Culture ◽  
Religious Conflicts ◽  
The Government ◽  
Religious Adaptation ◽  
The Impact ◽  
Lack Of Knowledge

This article discusses how to approach communication in the settlement of social and religious conflicts, causes and impacts caused by the conflict. In the discussion of this article revealed that social-culture and religion make our nation vulnerable to conflict, from the eastern end to the western end. Therefore, the issue of social-religious conflict needs to be resolved quickly by various parties. Factors that often lie behind the conflict are the curb of inter-religious adaptation, economic jealousy, narrow fanaticism, lack of knowledge of democracy and faith. While the impact is the disruption of security, the cracking of social relationships, destruction of the order of life, and countless material losses. The most important is the settlement of social and religious conflicts that can be taken is; Abitration, which is immediately terminated by a third party in this case the government and law enforcement apparatus; Mediation, termination of the dispute by a third party but no binding decision is given; Conciliation, attempts to bring together the wishes of the disputing parties to achieve mutual consent; Stalemate, the situation when both opposing sides have a balanced power, then stops at a point not attacking each other; adjudication, resolution of conflicts in the courts by giving priority to the justice and impartial to anyone.

scholarly journals The Implementation of Diversion by the Investigator of Bandung Police Department Towards Narcotics Cases Conducted by Children

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 156
Author(s):  
Herdiansyah Akhmadi ◽  
Ijud Tajudin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Police Department ◽  
Criminal Court ◽  
Third Party ◽  
Court System ◽  
Justice Process ◽  
Criminal Justice Process

Narcotics crime is not only done by someone who has entered adulthood. In fact, the involvement of children in the vicious circle of narcotic crime has often been encountered. In response, the Government issued Law No. 11 Year 2012 on the Criminal Justice System for Children to accommodate children with legal problems. In the Criminal Justice System Law for Children found a concept that is not encountered in another law that is diversion. Diversion is the transfer of the settlement of child cases from criminal justice process to process outside of criminal justice process. The requirement for a child to be made a diversion effort is a criminal threat against the child is not more than 7 (seven) years and not the repetition of criminal offense. Drug Division of Bandung City Police Department in the period of investigation 2015 - 2017 has handled 7 (seven) narcotics cases done by the child. The success rate of diversion in the BCPD is more than 50%, although not a few factors can hamper the enforcement of diversion itself. This study aims to find out how the process of diversion conducted by BCPD Drug Division and whatever obstacles they face. This research was conducted using normative juridical approach method and empirical juridical research specification, that is by examining secondary data consisting of primary law material, secondary law material, and field research in the form of a third party related interview. It can be argued that the application of diversion is not easy but does not make the process of applying diversion of children stalled. In addition to the necessary reforms in the aspect of a legislative establishment, it is also necessary to develop the infrastructure and capacity building of the law enforcement in the implementation of the diversion process, so that the implementation of diversion system can be done optimally. Thus, Indonesia as a just state of law can provide complete protection and justice for children from the conventional criminal justice systems Keywords: Child Criminal Court System, Diversion, Law Enforcement

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