A Study on Categories of Criminal and Civil Responsibility in Sport Accidents related to Sport Participants

Author(s):  
Min-Joon Ji
2019 ◽  
Vol 37 (3) ◽  
pp. 31
Author(s):  
Raquel Fernández González ◽  
Marcos Íñigo Pérez Pérez

The return of institutions to the main research agenda has highlighted the importance of rules in economic analysis. The New Institutional Economics has allowed a better understanding of the case studies that concern different areas of knowledge, also the one concerning the management of natural resources. In this article, the institutional analysis focuses on the maritime domain, where two large civil liability regimes for pollution coexist (OPA 90-IMO), each in a different geographical area (United States - Europe). Therefore, a comparative analysis is made between the two large regimes of civil responsibility assignment applying them to the Prestige catastrophe. In this way, the allocation and distribution of responsibilities in the investigation and subsequent judicial process of the Prestige is compared with an alternative scenario in which the applicable compensation instruments are governed by the provisions of the Oil Polution Act of 1990 (OPA 90), in order to establish a rigorous analysis on the effects that the different norms can have in the same scenario. In the comparative established in the case of the Prestige, where the responsibilities were solved very slowly in a judicial process with high transaction costs, the application of rules governed by the OPA 90 would not count with such a high degree of imperfection. This is so, since by applying the preponderance of the evidence existing in OPA 90 there would be no mitigation for the presumed culprits. On the other hand, the agents involved in the sinking would not be limited only to the owner, but also that operators or shipowners would be responsible as well. In addition, the amount of compensation would increase when counting in the damage count the personal damages, the taxes without perceiving and the ecological damage caused in a broad sense, damages not computable in the IMO.


Author(s):  
Inna Andriivna Semenets-Orlova ◽  
Yaroslava Yaroslavivna Kyselova

The article is devoted to the analysis of the process of generating social meanings on the area of European civilization. Authors assign a separate place to the research of the tendency of increasing social activity in local communities, which accompanies decentralization processes in modern Ukraine. The article analyzes the characteristic features of non-tribes, based on the M. Maffesoli’s concept of “neo-tribalism”, and traces the tendency of reactualization a partly transformed communal way of life of modern tribes. The authors investigate the retrieval of the request for a valuable education in society. It is emphasized on the growing tendency of the filling of the meaning of the professional activity of public administrators, according to the significant request of providing public interests and collective goals by citizens. The authors singled out a new role of public administration — providing public education. In the context of this problem, the authors substantiate the critical need for a successful completion of the authority decentralization reform in Ukraine. Proceeding from the process of neo-tribalism that covers modern Europe, the authors predict the emergence of a new collective identities on the European area. The authors point to a characteristic tendency: Ukrainians are deeply embedded in solving internal problems of society, which manifests in the correction of gaps in cultural and educational policies of past years, self-organization (through volunteer and volunteer movements), civil responsibility for the welfare of their communities, and participation in the management of local affairs. According to the authors, this tendency influences the dominant type of future sociality (it is not the individual “Me”, but “Me as a part of community”).


1990 ◽  
Vol 24 (1) ◽  
pp. 40-44 ◽  
Author(s):  
Y Sahlin
Keyword(s):  

2018 ◽  
Vol 15 (3) ◽  
pp. 66-79 ◽  
Author(s):  
Maurizio Rija

In the current work, the figures and functions of the external statutory auditor and internal statutory auditor are analysed. Before examining this subject, the historical and critical periods which have characterized the history of the subjects concerned is recalled; from the beginning will be shown the historical and regulatory process of auditing rules (activities engaged in by these subjects). From the dedicated and practical study of several documents, it is shown that with the progress of time, internal control carried out by the supervisory board is supported by an external control by the auditors or an audit firm. Until the mid-70s, auditing control was voluntary and the companies, without any impositions, believed it preferable to remain anchored to a purely internal control rather than an audit company. The law 136/1975 which made the external accounting control by an auditing company compulsory is under control of the Consob and the Draghi law clearly distinguishes the roles carried out by the auditors and work done by the supervisory board. After alluding to the reform of the commercial law, which took place in 2003, the law 39/2010 is analysed, modified by the recent law 135/2016. Successively, civil, criminal and administrative responsibility of the external and internal statutory auditors are analysed since with the EU Recommendation of 2008 (2008/473/EC) the state members are encouraged to limit the civil responsibility making the auditors no longer unlimitedly and jointly responsible but responsible relatively to the damage caused in the first person. Finally, in a comparative context, a study is carried out on the effects of the recommendation in other European countries pointing out any dissimilarities/similarities from both the criminal and administrative aspect.


Retos ◽  
2019 ◽  
pp. 790-794
Author(s):  
Elias Alberto Bedoya Marrugo ◽  
Elin Johana Manrique Julio

El objetivo de este estudio es dar una interpretación del contexto del accidente de trabajo entre los jugadores del futbol profesional colombiano, junto a la descripción de un caso ocurrido en canchas colombianas, incluyendo el análisis de muerte en el terreno de juego y analizar las principales estadísticas existentes sobre el fenómeno de accidente en el futbol en Colombia. Se organizaron datos e información de manuscritos científicos entre los años 2010 a 2018, consultando fuentes indexadoras de Science Direct, Scopus y Wos, revalidando dicha información con diarios deportivos colombianos y extranjeros. Se realizó un análisis compilatorio de la información para dar a conocer un panorama sobre las condiciones legales y contractuales de los futbolistas adscritos a la Federación Colombiana de Futbol y su realidad antes, durante el juego y después de la ocurrencia de accidentes deportivos de distinta severidad. Los resultados permitieron inferir sobre la actual realidad de los trabajadores del futbol en Colombia y como encaran estos su situación luego de un accidente o lesión deportiva y además sugerir mejoras en la actual legislación colombiana del deporte.Abstract: The objective of this study is to interpret the context of work accidents among Colombian professional soccer players, together with the description of a case occurred in Colombian fields, including the analysis of death on the field of play and the analysis of the main statistics on the accident phenomenon in football in Colombia. Data and information from manuscripts published from 2010 to 2018 were organized after consulting the indexed sources of Science Direct, Scopus, and WoS, and contrasted with Colombian and foreign newspapers. A compilatory analysis of the information was carried out to provide an overview of the legal and contractual conditions of soccer players members of the Colombian Football Federation and their reality before and during the game, as well as after the occurrence of sport accidents of different severities. The results allowed us to infer about the current reality of soccer workers in Colombia and how this reflects their situation after an accident or sport injury. 


Author(s):  
Erwin Deutsch ◽  
Hans-Ludwig Schreiber
Keyword(s):  

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