scholarly journals The Fight against Corruption in Sport: International and National Experience

2022 ◽  
Author(s):  
Vasile Triboi ◽  
◽  
Natalia Nastas ◽  

Corruption is a particularly dangerous scourge, which encompasses the whole of society, all spheres of human activity, and by virtue of this, it also encompasses education, whether we want to recognize it or not. Corruption flourishes in times of great social unrest, in times of crisis that societies are going through, especially in the period of transition from a totalitarian regime to a democratic society. The factor generating corruption is the socio-economic crisis, having as causes: weakening of state authority, degradation of living standards, altered moral judgment, lack of effective control levers, diminished public confidence in institutions and social values, non-adaptation of legislation to economic and social conditions and so on Sport is one of the largest businesses in the world, being influenced and influencing in turn both financial and political interests. Every year, millions of dollars and Euros circulate in this area, most of the transactions and agreements taking place behind closed doors, in order to keep any possible advantage over the competition. This fierce competitiveness, together with the lack of transparency, makes the sports field extremely vulnerable to corruption acts. Summarizing the results of our study, we can conclude: the fight against corruption is an opportunity for beneficiary institutions, which can strengthen and improve their systems for preventing and combating corruption and money laundering and asset recovery, by reference to worldwide first-class practices and standards. Following intense consultations with all beneficiaries in the Republic of Moldova: Minister of Education, Culture and Research, National Olympic and Sports Committee, Paralympics’ Committee, Sports Federations and other structures in the country, in order to ensure effective support in the field of physical culture and sports. The direct relations with the interested actors contribute to the creation of a positive framework, which will favour the general success of the future activities that will take place in obtaining the expected results.

2016 ◽  
Vol 19 (1) ◽  
pp. 4-20 ◽  
Author(s):  
Peter Leasure

Purpose – Asset recovery proceedings increasingly target corrupt foreign officials who acquire lavish assets as a result of capital gained through criminal acts. One extremely difficult issue arising in asset recovery proceedings is whether the capital used to acquire the assets can be traced to a criminal act. The purpose of this paper is to critique US tracing procedure through comparative analysis. Design/methodology/approach – A prominent series of cases brought by the USA and France against assets owned by Teodoro “Teodorín” Nguema Obiang, second Vice President of the Republic of Equatorial Guinea, produced mixed results on the tracing element. This paper utilizes a qualitative comparative case analysis to examine the US and French cases. Findings – The US results reflect serious weaknesses in the US law as compared to more effective French asset recovery procedure. Originality/value – Though this paper is certainly a comparative case study analysis, nearly identical facts and two different jurisdictions reaching separate conclusions bring us in the legal community as close as we can realistically come to quasi-experimental research. Comparative research in this area is severely lacking and sorely needed. The mechanisms identified in the French system clearly show flaws that are present in the US system.


2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.


1952 ◽  
Vol 6 (2) ◽  
pp. 192-209 ◽  
Author(s):  
Herbert W. Briggs

The state of China — a nation of possibly 460,000,000 people — has been a Member of the United Nations since the foundation of that organization in 1945. As a Member, China is legally entitled to representation in United Nations organs unless and until, pursuant to preventive or enforcement action taken by the Security Council, the exercise of the rights and privileges of membership may be suspended by the General Assembly upon recommendation of the Security Council. The representatives of China in United Nations organs from 1945 to the present have been accredited by the National Government of the Republic of China. By the end of 1949 control over the mainland of China and over perhaps 450,000,000 people had passed from the National Government to the (communist) “Central People's Government of the People's Republic of China,” the effective control of the National Government having been reduced largely to the island of Formosa.


2021 ◽  
Vol 5 (2) ◽  
pp. 123-136
Author(s):  
Vena Lidya Khairunnisa ◽  
Mochammad Ilham Nurrobby

The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.


Author(s):  
Olga Panchikhinа ◽  
◽  
Rimma Akhmetyanova ◽  

The paper, based on the analysis of data from sociological surveys, deals with problems of interaction between local self-government bodies and non-commercial organization (NCO). The article states that the process of forming partnerships between local governments and NCOs is in the process of being institutionalized. The collaboration initiative is more in the hands of the non-profit sector. Despite the generally favorable NCO-climate in the Republic of Bashkortostan, the attitude of local governments towards the non-profit sector as an equal partner in solving social problems and working with the population is developing at a rather slow pace. An important direction is to increase public confidence in the NCO through the development of civil sector information system to provide the best information to society.


2018 ◽  
Vol 1 (1) ◽  
pp. 1328
Author(s):  
Billy Samuel ◽  
Rasji .

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.


2016 ◽  
Vol 96 (3) ◽  
pp. 266-303
Author(s):  
Jetze Touber

Lactantius’s treatise De mortibus persecutorum, which celebrates the end of the persecutions of Christians in the Roman empire, was lost for six centuries. Its discovery in 1678 was a European event which set the sophisticated machinery of information exchange in the republic of letters in motion. Scholars joined forces in expounding the historical significance of the patristic text. However, this collective enterprise was also bound up with theological-political interests. Editors and commentators were all affected by affairs of state and ecclesiastical policy, which conditioned their engagement with the treatise. This article reviews the editorial history of De mortibus persecutorum, during the three decades in which it attracted scholarly attention, and it highlights the specific interests of the scholars involved. The focus will be on Gijsbert Cuper (1644–1716), often depicted as an exemplary member of the republic of letters. His paper legacy allows us to recover the theological-political concerns which informed his investigations.


2020 ◽  
Vol 33 (1) ◽  
pp. 167-178
Author(s):  
Girdhari Dahal

The people of Nepal have witnessed different political movements in the political history of Nepal. The political movements are influenced by different philosophies. Gita philosophy as well has marked distinct impact in the politics of Nepal. The people of Nepal had to bear a lot of injustice, oppression and exploitation during Rana rule. Although the governments prior to Rana rule were also not so much democratic, to some extent they were directed to public welfare. At the time of Rana rule there had taken place many reformations in global politics, but Nepali people were denied off very common citizen rights. So, there was a need for a democratic movement in Nepal. In the campaigns for democratic movements then, there was a very significant impact of Gita philosophy. It is found from this study that four martyrs of 1997BS and founder leaders of Nepali Congress and Nepal Communist Party were influenced by the ideas of Gita philosophy and the general public has a great faith on the Gita philosophy. Gita philosophy has formed the foundations for the democratic movement in Nepal. And even after the establishment of democracy in Nepal, there were series of political changes in Nepal. And in the revolutions or campaigns for restoration of democracy or for the republic, there has been a role of different political leaders and as many of the first-generation leaders are still in active politics, we can find direct or indirect influence of Gita philosophy in Nepalese politics. Though the later generations of leadership seem to have less knowledge about Gita, their activities and the political interests matched with the principles of Gita philosophy.


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