scholarly journals Apprehending the Culprits: The Discourse of Anti-Profiteering and Law Enforcement in Goods and Services Tax (GST) News Reports

2019 ◽  
Vol 37 (2) ◽  
pp. 21-47
Author(s):  
Cheng Teik Ong ◽  
◽  
Hajar Abdul Rahim ◽  
Author(s):  
A. Jamaluddin

<div><p class="Authors"><em>Transparency in South Sulawesi Provincial Government has been applied in efforts to achieve good governance. The problems of this research are; (1) how to transparency in local governance, (2) what factors inhibiting transparency in local governance, and (3) what is the right strategy is used in implementing the transparency of the regional administration. This study aims to: 1) describe the transparency in local governance, 2) analyze the factors that become an obstacle to transparency in local governance, and 3) to apply the right strategy in the transparency of the regional administration. The study found that transparency in governance has been run as expected in the areas of budget, staffing, procurement of goods and services. Human resources mentality of corruption, overlapping rules, the financial system is weak, weak law enforcement and a tolerant society are all factors that become an obstacle to transparency in local governance. Transparency strategy is appropriate intensive use in implementing the transparency of the regional administration. Through this model of good governance transparency can be realized as a solution to overcome the problems of the dynamics of government activity that is not transparent and minimize the factors inhibiting the realization of good governance transparency.</em><em></em></p></div>


2012 ◽  
Vol 11 (2) ◽  
pp. 1
Author(s):  
Ashok Antony D’Souza

The United States (US) is usually thought of as a nation representing freedom, democracy and human rights. However, as shown by Noam Chomsky and a few others, the US has turned out to be the most dominant imperialist nation as it is a ‘super power’ with immense political and economic clout. The US has been involved in human rights’ violations, Chomsky claims, with an intention of capturing markets for its goods and services, but has been successful in veiling it by shaping popular consciousness through its hegemony over popular media. Chomsky argues that the US has been preparing the ground for human rights’ violations by the use of ‘Propaganda Model’ which ‘filters’ reality in such a way as to give the ‘news’ that is perverted to serve the needs of the ruling elite. For instance, in many of the ‘news’ reports the weapons of mass destruction used by the US are attributed human traits while the citizens of the enemy nation are presented as nameless “aggressors” or “terrorists”. The relevance of the paper rests on working out the implications of Chomsky’s perspectives on the use of media by the US to serve its propagandist model and the implications of such tendencies to nations like India. The paper also tries to work out the possible way out of this impasse. Keywords: Culture of terrorism, human rights, media, propaganda model, US imperialism


2020 ◽  
Vol 9 (27) ◽  
pp. 129-139
Author(s):  
Stanislav Odintsov ◽  
Marina Trubina ◽  
Mohammad Mansour

In the current growing global commercial turnover of goods and services, there are increasing demands on the ways of their individualization. This applies both to traditional methods of individualization (corporate name, trademark, commercial designation, name of origin, etc.) and non-traditional (olfactory trademarks). The purpose of this study is to study and analyze doctrinal concepts, norms of the current legislation, and law enforcement practice concerning the protection of rights of olfactory trademarks. In order to achieve this objective, the study used a comparative legal method, which analyzed the legal and regulatory framework, as well as the grounds for refusing to register non-traditional trademarks in various legal systems and national jurisdictions. The task of the authors was to conduct a comprehensive study of legislative regulation and practice of legal protection of olfactory trademarks in various jurisdictions. The result of the research is the formulation of a general trend in different jurisdictions toward the legislation on registration of exclusive rights to non-traditional trademarks, which with the help of aromas (smells) allow individualizing the owners of goods produced by them and/or commercial services provided.


Author(s):  
Nataliia Myronenko

Key words: trademark, series of signs, dominant element, originality, resolution The article, based on the analysis of the doctrine of intellectual property law,legislation of Ukraine, law enforcement practice, examines the state and prospects ofproviding legal protection of a series of trademarks. To overcome the existing gap inthe legislation of Ukraine, the need to amend the Law of Ukraine «On Protection ofRights to Marks for Goods and Services» is justified. It is proposed to define «a seriesof marks as a set of trademarks belonging to one owner of interdependent rights, interconnected by the presence of the same dominant verbal, figurative or combined element,having phonetic and semantic similarity, and may also bear minor graphic differencesthat do not change the essence of the trademarks. The lack of definition ofthe term «dominant element» in the legislation is emphasized. Based on the provisionsof the philosophy and doctrine of intellectual property law, the dominant elementmeans the smallest indivisible component of the trademark, which is originaland not descriptive. Based on this, its main features are distinguished: originalityand indivisibility.It is proved that the same position of the dominant element in the structure of allsigns is necessary to create a stable image of consumers in relation to a particularproduct and its manufacturer. Examples of court decisions on recognition or refusal toprovide legal protection to trademarks are given.In the context of reforming the legislation of Ukraine in terms of its approximation toEU legislation and the development of relevant case law, which must meet Europeanstandards, the expediency of using the legal positions of such a leading democratic courtas the European Court of Justice is justified. Attention is drawn to the fact that the decisionof the ECJ is not a source of law for resolving disputes of this category by the courtsof Ukraine. At the same time, they are a source of harmonious interpretation of the nationallegislation of Ukraine in accordance with the established standards of the legalsystem of the European Union. It is proved that this conclusion is consistent with thepurpose and objectives to be solved in the country in the process of implementing the provisionsof the Association Agreement in the legislation of Ukraine. Proposals are formulatedto improve the quality of legislation in the field of IP law.


Author(s):  
Tarasuk Volodymyr

Self-control, secrecy, secrecy, preservation of maximum independence and separation from socio-political processes and institutions cannot guarantee the rights and freedoms of servicemen, nor do they guarantee that subjects of the national security system will not act contrary to the will and interests of society, government, state. The need for civilian control of the defense and law enforcement sectors is primarily driven by national security interests. In other words, security actors should not be a danger to civil society. One of the fuses of possible law enforcement or military arbitrariness is the institute of military ombudsman, who is called upon to act solely for the benefit of the law, rights and freedoms of servicemen and civilians in the territory of special or military operations. The relevance of the introduction of the Military Ombudsman Institute is further enhanced by the current trends and conditions of civilizational development, the globalization processes of total information transparency. In countries where government institutions are predominantly objects rather than news subjects, any positive event can be turned into a sensation of negative content. The primary sources (subjects) of news reports are mainly the democratic governments of countries with the introduction of military censorship (USA, UK, Israel, etc.) and totalitarian regimes (China, Russia, Iran, etc.) [1]. Having chosen the western direction of civilizational development, Ukraine is now in the process of transit between Soviet totalitarianism and European democracy, whose energy is mainly directed at counteracting the "Russian peace" rather than introducing contrary to the valuable principles of Western civilization. At present, the introduction of military censorship, and even more so in the realities of lack of political culture / traditions, is unacceptable without the prior implementation of the military ombudsman institute in the system of legal support of the state.


2018 ◽  
Vol 115 (37) ◽  
pp. 9181-9186 ◽  
Author(s):  
Jonathan Mummolo

The increasingly visible presence of heavily armed police units in American communities has stoked widespread concern over the militarization of local law enforcement. Advocates claim militarized policing protects officers and deters violent crime, while critics allege these tactics are targeted at racial minorities and erode trust in law enforcement. Using a rare geocoded census of SWAT team deployments from Maryland, I show that militarized police units are more often deployed in communities with large shares of African American residents, even after controlling for local crime rates. Further, using nationwide panel data on local police militarization, I demonstrate that militarized policing fails to enhance officer safety or reduce local crime. Finally, using survey experiments—one of which includes a large oversample of African American respondents—I show that seeing militarized police in news reports may diminish police reputation in the mass public. In the case of militarized policing, the results suggest that the often-cited trade-off between public safety and civil liberties is a false choice.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 344
Author(s):  
Rendi Ardiansyah ◽  
Margo Hadi Pura

The existence of Law Number 5 Year 1999 is expected to prevent monopolistic practices and unfair business competition in a business world that continues to develop with increasingly fierce competition. However, until now there are still many unfair effort practices because increasingly complex competition and demands for profusely profit, one of which is related to tender conspiracy activities carried out in the procurement of goods and services within the government. Between them are the practice of conspiracy to tender for the Decision of the Business Competition Supervisory Commission Number 04/ KPPU-L/2018. In writing this article using a normative juridical research method in which research and observations are carried out in a library by emphasizing the applicable legal principles. The purpose of writing this article is to find out tender conspiracy in view of business competition law, which is essentially prohibited because it will prevent other business actors from competing in offering prices at the auction. In addition, this article discusses the fulfillment of the formulaic elements in the practice of tender conspiracy in the a quo case. Tender conspiracy is specifically regulated in Article 22 of Law Number 5 Year 1999 which is then complemented by the guidelines issuance of Article 22 by KPPU. Whereas in essence the actions of the Reported Parties in the implementation of the a quo tender constituted a tender conspiracy practice because they had complied with all the elements referred to in Article 22 of Law Number 5 Year 1999 resulting in receiving administrative sanctions imposed by KPPU as a form of law enforcement.


2021 ◽  
Vol 19 (4) ◽  
pp. 458-469
Author(s):  
Dalia Perkumiene ◽  
Agbonmere Osamede ◽  
Regina Andriukaitienė ◽  
Olegas Beriozovas

In this present age of globalization, the logistics and transportation industry has become an integral part of most businesses/firms as it is aimed at ensuring the effective movement of people, distribution of goods and services from one location to another on time. Therefore, this paper aims to analyze the impact of COVID-19 on the logistics and transportation sectors. The qualitative research approach was adopted using analysis and synthesis of scientific literature, data from news reports, organizational sites, and a case study of data contents. The paper presented the analysis of negative and positive effects of COVID-19 on the logistics and transportation industry. The study also discusses possible strategies and further steps for improvement of the logistics and transportation sector, including the automation and introduction of other technologies, a sustainable and flexible transportation system, cooperation of logistics and transportation business. Findings regarding the positive implications of COVID-19 show noticeable advancements in the logistics and transportation sector, such as the rise of e-commerce businesses with efficient delivery options, and the development of 3rd party logistics services as more companies outsource supply chain operations. The study revealed the importance of strategic planning with a joint effort from the research centers, public sector, private sector, and educational institutions as one of the proposed solutions for the logistics and transportation industry.


Author(s):  
Sarah Legner

Gender Pricing is a widespread phenomenon. According to various studies, women-specific products and services often are more costly than comparable versions of products and services for men. As products made for women are frequently coloured pink, Gender Pricing is referred to as “pink tax”. European anti-discrimination legislation imposes restrictions on gender-related price discrimination. The 2004 Gender Directive bans discrimination in the field of goods and services. In principle, the directive prohibits any less favourable treatment of men or women by reason of their gender. Nevertheless, the additional price added on products intended for women is widely accepted. This raises the question of whether Gender Pricing points to a lack of law enforcement. Against this backdrop, the scope of the legal restrictions imposed on Gender Pricing will be analysed. Subsequently, the challenges of implementing anti-discrimination laws must be taken into account. Finally, conclusions will be drawn on possible courses of action to enhance their mandatory strength.


2019 ◽  
Vol 12 (3) ◽  
pp. 40
Author(s):  
Fetkulov A. K. ◽  
Karzhasova G. B. ◽  
Nurpeisova A. K. ◽  
Kopbulov R. A. ◽  
Baikenzhina K. A. ◽  
...  

The relevance of the study is due to the need to consider such antisocial social phenomenon as &ldquo;narcotism&rdquo;, which includes two components - &ldquo;drug addiction&rdquo; and &ldquo;drug business&rdquo;. The researchers came to the conclusion that the concept of narcotism itself has not yet acquired an unambiguous or more or less well-established semantic status, and does not have wide recognition in international legal acts and documents of authoritative international organizations. In foreign vocabulary, the concept of &quot;narcotism&quot; is difficult to differentiate and separate from the concept of &quot;drug addiction&quot;. Therefore, it is necessary to achieve the highest possible consistency in approaches to understanding the essence of this phenomenon. The content of the article is aimed at identifying the key point denoting the main core around which complex processes are taking place in the desired field related to the concept of drug addiction. Reflecting and arguing, the authors, in essence, were based on an analysis of a well-known range of historical, theoretical information, international legal and national regulatory documents, using the methods of critical analysis, synthesis and comparison of theoretical and legal sources. This made it possible to consider the phenomenon under study from the standpoint of different conceptual approaches. The article revealed that drug addiction affects the widest range of social problems - from deviant social behavior to national security issues. The attention is focused on the fact that drug addiction from the position of law is characterized as an antisocial social phenomenon associated with the illegal consumption and distribution of drugs, their appearance and the existence of goods and services in consumer circulation. A basic definition has been formulated that outlines the scope or distribution of narcotism. It was concluded that &ldquo;narcotism&rdquo; should be a differentiated designation of a negative social phenomenon and contain a description of the whole diversity of social manifestations and processes that are directly related to drugs that are in a state of contradiction with the interests of society. In turn, drug trafficking, while remaining the largest component of drug addiction, is its most dynamic part. The last sign is largely associated with a direct effect - the drug business, which is a generating or producing principle in narcotic drugs. The materials of the article are of practical value for researchers and law enforcement officials dealing with the problems of drug addiction and narcotism.


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