scholarly journals Risk-Oriented Approach in the Implementation of Control and Supervision Activities: Theoretical Justification and Problems of Application

2021 ◽  
Vol 18 (4) ◽  
pp. 460-470
Author(s):  
S. A. Agamagomedova

The article discusses the theoretical justification of the risk-based approach in the implementation of state control and supervision, and also highlights the problems of the practical use of this approach in the context of the reform of control and supervision activities. The author compares the positions regarding the risk category in economic and legal studies, justifies the growing interest in the use of risk technologies in public administration. An analysis of the use of the risk category in the legal and regulatory field allows us to distinguish two positions in relation to risk: risk as a possible occurrence of an event that has a negative effect, and risk as the probability of its occurrence. The risk institute belongs to the general theory of law and at the same time finds development in industry research. In modern conditions, the law is inherent in the task of preventing, overcoming and minimizing risks in various areas of social reality with their simultaneous recognition and assumption. The author considers the evolution of the application of the risk management system in the implementation of customs and tax control, substantiates the transformation of its interpretation. Based on the analysis, it is concluded that the risk-based approach in relation to the system of state control and supervision should be interpreted as the principle of a modern system of state control and supervision; the condition of its selectivity and sufficiency; means of reducing the administrative burden on the controlled sphere; a means of stimulating the controlled sphere in a given direction and a modern method of organizing and implementing state control and supervision. Narrow and broad approaches in positioning risks in the implementation of state control and supervision are highlighted. In the first case, risk is understood as the probability of non-compliance with mandatory requirements. A broad approach involves two factors: the likelihood of non-compliance and the consequences of such non-compliance. A characteristic is given to such characteristics of a risk-based approach in the implementation of state control and supervision: staging, agile, stimulating the preventive component of state control and supervision, the development of interagency cooperation, the connection with the digitalization of control and surveillance activities. The following are identified as the problems of applying the risk-based approach in the implementation of state control and supervision: the problems of developing and using criteria for the risk categorization of controlled persons, correlating these criteria with indicators of the effectiveness and efficiency of control and supervision activities; lack of correlation between control and supervisory procedures and proceedings on administrative offenses; the problem of using the category of good faith in the implementation of control and supervision activities and others. Solving the identified problems will improve the effectiveness of state control and supervision in modern conditions.

Author(s):  
Na Li ◽  
Baofeng Jiao ◽  
Lingkun Ran ◽  
Zongting Gao ◽  
Shouting Gao

AbstractWe investigated the influence of upstream terrain on the formation of a cold frontal snowband in Northeast China. We conducted numerical sensitivity experiments that gradually removed the upstream terrain and compared the results with a control experiment. Our results indicate a clear negative effect of upstream terrain on the formation of snowbands, especially over large-scale terrain. By thoroughly examining the ingredients necessary for snowfall (instability, lifting and moisture), we found that the release of mid-level conditional instability, followed by the release of low-level or near surface instabilities (inertial instability, conditional instability or conditional symmetrical instability), contributed to formation of the snowband in both experiments. The lifting required for the release of these instabilities was mainly a result of frontogenetic forcing and upper gravity waves. However, the snowband in the control experiment developed later and was weaker than that in the experiment without upstream terrain. Two factors contributed to this negative topographic effect: (1) the mountain gravity waves over the upstream terrain, which perturbed the frontogenetic circulation by rapidly changing the vertical motion and therefore did not favor the release of instabilities in the absence of persistent ascending motion; and (2) the decrease in the supply of moisture as a result of blocking of the upstream terrain, which changed both the moisture and instability structures leeward of the mountains. A conceptual model is presented that shows the effects of the instabilities and lifting on the development of cold frontal snowbands in downstream mountains.


Author(s):  
F.V. Matveenkov ◽  
◽  
D.A. Tolstova ◽  
O.V. Masharova ◽  
O.V. Sachkova ◽  
...  

Risk-oriented approach in the implementation of control (supervision) activities is an important state task that affects the country economy. As part of the implementation of the priority area of reforming control and supervision activities, the Federal Law «On the state control (supervision) and municipal control in the Russian Federation» was adopted, which comes into force on July 1, 2021. In order to implement the Federal Law «On state control (supervision) and municipal control in the Russian Federation», it is advisable to revise the regulation on the federal state energy supervision. It is required to study the issue of taking into account the risks of causing harm (damage) to legally protected values when carrying out control (supervision) activities in relation to the subjects (objects) of the energy sector, as well as criteria for assigning it to the risk category and indicators of the risk of mandatory requirements violation. Currently, the only criterion for assigning the harm (damage) to the risk category is the dependence on the established and (or) transmitted capacity of the energy facilities used, which is nonobjective due to the changes in the normative-regulatory framework for the implementation of control and supervision activities. It is required to study the issue of categorization depending on the established (transmitted) capacity of the object, the amount of economic damage as a result of the implementation of emergency situations and (or) emergency incidents (in value terms), the number of people killed (irretrievable losses), the number of people whose vital functions were disrupted as a result of the implementation of emergency situations and (or) emergency incidents.


2018 ◽  
Vol 35 (7) ◽  
pp. 676-687 ◽  
Author(s):  
Ibtissame Abaidi ◽  
Eric Vernette

PurposeThe internet has made it possible to diffuse totally digitized products on a very large scale. The newspaper business is one of the sectors that has been most affected by this technological revolution. Given such products’ uneven commercial success, an analysis of the literature suggests that these mixed results could be explained by the digitized nature of the product combined with a price judged too high. Both these elements reduce the perceived global value of the digital support compared with the print version on paper. To test this proposition, the authors have constructed an experimental design, manipulating the format (digital newspaper vs. print newspaper) and the price (high vs low). The results show that newspaper digitization significantly reduces perceived global value for the consumer compared with the print format. The authors also show that the perceived intangibility of the product exerts a more complex effect on perceived global value: this effect depends on both the nature of the intangibility (mental vs physical) and the cost and benefit analysis.Design/methodology/approachAn experimental study was conducted with two factors: digitalization (print vs digital format) and price (low vs high). The authors carried out a mixed-factor variance analysis and follow Preacher and Hayes procedure to test the hypothesis. A sample of 387 undergraduate students was interviewed in laboratory.FindingsThe results show that newspaper digitization significantly reduces (i.e. destroys) perceived global value for the consumer (i.e. it destroys value), compared to the print format. The reuslts also show that the perceived intangibility of the product exerts a more complex effect on perceived global value: this effect depends at the same time on the nature of the intangibility (mental vs physical) and the account taken of costs and benefits.Originality/valueOne major result is the fact that digitizing newspaper strongly destroys its perceived global value for the consumer, compared to the physical alternative. To explain this phenomenon, the product’s perceived intangibility had been considered, as well as how this is related to the perceived costs and benefits. It appears that it has an overall direct negative effect on perceived value; therefore, the more a newspaper format is perceived as physically intangible, the more its perceived global value decreases. Results shows that this loss of value can be counteracted in two different ways, through the indirect effects of costs and benefits.


2018 ◽  
Vol 30 (4) ◽  
pp. 816-836 ◽  
Author(s):  
Nizar Souiden ◽  
Riadh Ladhari ◽  
Liu Chang

Purpose The purpose of this paper is to examine ethnocentrism and animosity in a special context of two societies that share cultural, historical, ethnic and geographical characteristics. In particular, it first investigates the relationships between Chinese ethnocentrism and animosity toward Taiwan, and then it examines the impact of these two factors on the Chinese perception of Taiwanese brand quality and their purchase intent. Design/methodology/approach Based on a sample of 605 respondents from China, data were analyzed by structural equation modeling. Findings The results show that although Chinese animosity toward Taiwan is moderate, it is significantly driven by ethnocentrism, which has a significant and negative effect on willingness to buy, but not on the perception of Taiwanese brand quality. The Chinese animosity toward Taiwan, however, has negative and significant effects on their perception of Taiwanese brand quality and their intention of purchasing Taiwanese brands. Research limitations/implications The immense size of the country has impeded the representativeness of the authors’ sample and the generalizability of the results. Also, the study covers only one type of product. Practical implications Forming partnerships with local Chinese businesses and developing strong ties with local communities could be considered as a solution to minimize or circumvent the effect of animosity and might help foreign companies appear more “local.” Originality/value In contrast to past studies that investigated ethnocentrism and animosity in the context of countries presenting several differences (e.g. China vs USA), this study investigates the effect of ethnocentrism and animosity in the context of two countries (China and Taiwan) that share cultural, historical, ethnic and geographic characteristics. Despite the strong ties between the two countries, the Chinese have a certain animosity, though moderate, toward Taiwan and consequently are less inclined to buy Taiwanese brands. This implies that Chinese animosity toward a country may be toned down or pronounced, depending on whether they have strong or weak ties with that country.


2008 ◽  
Vol 33 (2) ◽  
Author(s):  
Peter S Li

The literature has identified foreign credential devaluations and the shifting origins of immigrants to non-European sources as two factors that explain why some immigrants earn more than others. This study uses data from the Ethnic Diversity Survey to see how foreign credentials affect immigrants’ earnings, and whether immigrants with disadvantaged foreign credentials may be able to use ethnic social capital to mitigate the negative effect. Substantial gross earnings disparities exist among immigrant men and women of different origins, but much difference is due to human capital variations and duration of work. The study produces three major findings. First, foreign credentials benefit majority member immigrants but penalize visible minority immigrants. Second, immigrant men and women who maintain weak ethnic ties earn more than their counterparts with strong ties, suggesting that the enabling capacity of social capital for immigrants has been overstated. Third, there is no evidence of ethnic social capital being able to mitigate the negative effect of a credential deficit.


2008 ◽  
Vol 86 (9) ◽  
pp. 992-1001 ◽  
Author(s):  
A. Kaliontzopoulou ◽  
J. C. Brito ◽  
M. A. Carretero ◽  
S. Larbes ◽  
D. J. Harris

Species distribution modelling (SDM) is a powerful tool to investigate various biological questions with a spatial component, but is also sensitive to presence-data characteristics, particularly data precision and clustering. Here, we investigate the effect of these two factors on SDM using Maxent as the modelling technique and wall lizards (genus Podarcis Wagler, 1830) from North Africa as a model system. Podarcis are not ubiquitous in Africa as they are in Europe, but their ecological and distributional characteristics in this area are poorly known. Our results show that the most important environmental factors related to the distribution of this genus in North Africa are humidity, habitat type, and temperature. The areas of potential distribution predicted by models based on data sets with different precision and clustering characteristics show high relatedness to coastal areas and mountain ranges and extend to areas were presence records for these lizards are lacking. Our comparison of models based on different data sets indicates that finer scale models, even if based on fewer presence locations, outperform coarser scale ones. Data clustering does not have a negative effect on model performance, but is rather overcome by sample-size effects. Similar approaches may be of general application to other stenoic species for which available locations are scarce in comparison with the extension of the study area.


2014 ◽  
Vol 52 (10) ◽  
pp. 1858-1887 ◽  
Author(s):  
Xiao Duan ◽  
Zhan-ming Jin

Purpose – Strategic group has been intensively studied since this term emerged in 1970s, but previous studies have been limited to the comparisons between groups such as performance comparison. The purpose of this paper is to explore the internal structure of strategic groups by examining the effect of strategic distance from a firm to the center of its strategic group on firm performance. Design/methodology/approach – The research is based on data acquired from the annual reports of listed companies and some Chinese domestic databases, including CSMAR Solution, WIND financial database, and China Core Newspapers Full-text Database. After grouping listed pharmaceutical companies in China over the period 2010-2011, the authors test three hypotheses by using fixed effect regressions. Findings – The paper finds that the strategic distance from a firm to the center of its strategic group has a significant negative effect on the firm's financial performance. Two factors are discovered to influence that effect: corporate diversification strengthens the negative effect of strategic distance on performance, while firm's media visibility weakens that negative effect. Originality/value – The findings reveal the relationship between intra-group strategic positioning and firm performance, and specify how firms can gain competitive advantage through positioning choices and strategic actions. This study promotes the establishment of a more comprehensive strategic group theory by revealing the structure within strategic groups.


2015 ◽  
Vol 2 (1) ◽  
pp. 9-18
Author(s):  
V V Lapaeva

Article deals with general characteristic of current state of the Russian theory of law, which is examined in the unity of such aspects as philosophy of law, sociology of law and legal dogmatics. For the philosophy of law the main direction of efforts should be connected with development of general doctrinal type of understanding of law, which would correspond to a human-centric legal ideology, assumed as the basis of the Constitution of the Russian Federation. The task of sociology of law is seen, first of all, in development on the basis of such understanding of law of theoretical-methodological basis for study of social conditionality of legislation and efficiency of its application. The proper transfer of the results of philosophical and legal and legal and sociological studies, conducted within the framework of the theory of law, at the level of law-making and law enforcement practice requires the development of an adequate legal dogmatics. The author substantiates the need for development of the human-centric dogma of the Russian law as such a system of legal-dogmatic constructions, which would specify the principle of human rights priority. Special attention is paid to disclosure of cognitive potential of libertarian juristic type of understanding of law in respect of each of the chosen directions of theoretical and legal studies.


Foods ◽  
2021 ◽  
Vol 10 (9) ◽  
pp. 2188
Author(s):  
Paula Tarancón ◽  
Amparo Tárrega ◽  
Mónica González ◽  
Cristina Besada

In a pre-purchase situation, consumer perception of mandarin quality is almost exclusively based on fruit appearance. Determination of consumer requirements in this regard is needed to preserve the current success of this crop in markets worldwide. In this study, the effect on consumer choice of different appearance characteristics that can occur mainly in early-season mandarins was quantified. Two independent Choice-Based Conjoint Analyses were performed to evaluate the effect of different external mandarin factors: (1) two factors linked mainly with harvesting practices: ‘Leaf’ (no leaves but sound calyx/fresh leaf/dehydrated leaf) and ‘Rind Colour’ (orange colour/rind with slightly greenish areas); (2) three factors related to postharvest handling: ‘Calyx Condition’ (sound/blackening/detached),’Waxing’ (absence/presence of wax), and ‘Rind Condition’ (dehydrated/turgid). A total of 280 consumers participated in each study. The evaluation of the factors linked with harvesting revealed four different choice patterns. Leaf presence was appreciated only by a small group of consumers (20%), and the presence of greenish areas on the rind was perceived mostly as a negative characteristic. Among the evaluated postharvest-related factors, ‘Waxing’ and ‘Calyx condition’ had the strongest effect on consumer choice. Consumers showed marked preferences for mandarins that had been waxed and presented shine and gloss. Calyx blackening and detachment had a negative effect mainly on waxed fruit, while rind dehydration more negatively affected the fruit that had not been waxed. Consumer perception of mandarin quality is importantly affected by external mandarin characteristics. The information herein reported can be very useful for the citrus industry for adapting quality control criteria that respond to consumer demands.


EUGENIA ◽  
2012 ◽  
Vol 18 (1) ◽  
Author(s):  
Wanda Langoy ◽  
Charles Kaunang ◽  
Marie Najoan

ABSTRACT The purpose of this study was to determine the nutritional value of corn straw yellow Manado and hybrid varieties fermented with effective microorganisms (EM4). The study was conducted in Kawangkoan Bawah Village, West Amurang District. The analysis was performed at the Laboratory of Chemical Industry Research and Standards (Baristand) Ministry of Industry, Manado. This study used an experimental design methos, a Completely Randomized Factorial pattern consisting of two factors. The first factor was using varieties of hybrid maize straw Manado Kuning and Bisi 2; The second factor was using corn straw (P0), fermented corn straw material without the fermentation process ( P1) and fermented corn straw (P2). The results of variance analysis showed that the varieties, and different level of fermentation were highly significant (P <0.01) in affecting crude fiber, crude protein, and energy. While the interaction variety and fermentation showed a significant difference (P <0, 01) to the content of crude fiber and protein, their interaction gave no significant difference (P>0,05) to the energy level. Further analysis indicated that fermented corn straw gave a significant (P<0,01) results compared to corn straw and fermented corn straw without fermentation on protein content, crude fiber and energy level. Keywords : Straw, crude fiber, crude protein, and energy ABSTRAK Tujuan penelitian adalah untuk menentukan nilai nutrisi jerami jagung varietas hibrida dan manado kuning yang difermentasi dengan effective microorganisms (EM4). Penelitian ini dilaksanakan di Kelurahan Kawangkoan Bawah Kecamatan Amurang Barat dan Analisa Laboratorium dilakukan di Laboratorium kimia Balai Riset dan Standarisasi Industri (Baristand) Departemen Perindustrian Manado, dengan menggunakan metode eksperimen Rancangan Acak Lengkap dasar pola faktorial yang terdiri dari 2 faktor : faktor pertama varietas terdiri dari jerami jagung hibrida bisi 2 dan manado kuning; faktor kedua Fermentasi terdiri dari jerami jagung (B0), jerami jagung bahan fermentasi tanpa proses fermentasi (B1) dan jerami jagung yang difermentasi (B2). Hasil analisis keragaman menunjukkan bahwa varietas, dan fermentasi memberikan pengaruh yang berbeda sangat nyata (P<0,01) terhadap kandungan serat kasar, protein kasar, dan energi, sedangkan interaksi varietas dan fermentasi memberikan pengaruh yang berbeda sangat nyata (P<0,01)  terhadap kandungan serat kasar dan protein, dan berbeda tidak nyata (P>0,05) terhadap kandungan energi. Uji lanjut menunjukkan bahwa jerami jagung fermentasi (JJF) memberikan pengaruh yang berbeda sangat nyata (P<0,01) dibandingkan dengan jerami jagung (JJ) dan jerami jagung bahan fermentasi tanpa proses fermentasi (JJTF), demikianpun JJTF memberikan pengaruh yang berbeda sangat nyata (P<0,01) dibandingkan dengan JJ terhadap kandungan protein, serat kasar dan energi.  Eugenia Volume 18 No. 1  April 2012 Kata Kunci : Jerami jagung, serat kasar, protein kasar dan energi


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