scholarly journals THE ALTERNATIVE SANCTIONS SYSTEMS IN SERBIA AND THE NETHERLANDS: COMPARATIVE ANALYSIS WITH EXAMPLES FROM CASE LAW

2021 ◽  
Vol 59 (3) ◽  
pp. 67-94
Author(s):  
Olga Tešović ◽  
◽  
Lieneke de Klerk ◽  

Alternative sanctions are a deviation from the traditional system of imprisonment and their advantage certainly lies in a more humane and less repressive treatment of convicted persons. Alternative sanctions need to be present in the criminal sanctions system of every country in order to make this system more effective, primarily having in mind the goals of special prevention. This paper aims to present the alternative sanctions systems in Serbia and the Netherlands, respectively, with reference to case law examples, as well as to perform a comparative analysis of the two systems and indicate their advantages and disadvantages, as well as methods of their improvement.

2021 ◽  
Vol 20 (3) ◽  
pp. 134-138
Author(s):  
Marc Barennes ◽  
Tessel Bosse ◽  
Hans Bousie ◽  
Sarah Subrémon

Several legal topics regarding cartel damages litigation have drawn special attention over the last few years, including the passing-on defence. ‘Passing-on’ in competition cases is where overcharges caused by a cartel, which affect the customers of the cartelists (direct purchasers), are passed-on by these purchasers to buyers further down the supply chain (indirect purchasers). Cartel members regularly invoke this defence as a (partial) shield against a claim for damages. The EU Damages Directive contains two important presumptions in connection to passed-on damages. This article undertakes a comparative analysis of how the courts in the Netherlands, France and England and Wales apply these presumptions in practice in their case law.


2021 ◽  
Vol 2 (2) ◽  
pp. 122-138
Author(s):  
Abubakar Yakubu

A Comparative analysis of practices obtained between the Pondok and Tsangaya with regard to traditional Islamic education and spirituality in Malaysia and Nigeria, indicates that, despite areas of similarity in origin and evolution, there exist a unique area of sharp contrast in relation to later life spirituality and elder care. The article maintains that, despite the two systems sharing wider similarities of originating from the traditional system of Arabic and Islamic education, the Pondok provides a complete platform for the spiritual life cycle, with opportunities for devotion from childhood to death. The Tsangaya on the other hand, covers childhood to early adulthood, thus, presenting a halfway approach to the spiritual life cycle. Recommendations were based on the need for the Tsangaya to model along aspects of the Pondok in a manner that will enable the incorporation of later life spiritual needs of the elderly. The purpose of this article is to carry out a comparative analysis of these two systems of traditional Islamic education , in relation to eldercare and spiritual wellbeing.  The relevance of this paper lies in the fact that population aging is currently receiving attention as global crises, and issues of elderly wellbeing in all aspects are being explored towards addressing the needs of the elderly.


Author(s):  
Yuliia Nehoda

The subject of the research – is a set of organizational-economic relations arising in the process of structural transformation of financial and credit relations in the agricultural business. The purpose of the article is a retrospective analysis of structural transformations of financial and credit relations in the agricultural business, evaluation of the effectiveness and feasibility of the introduction of agricultural receipts as a new instrument of lending to the agricultural business of the regions. Methodology of work – system-structural and comparative analyzes (to determine the effectiveness of the crediting mechanism according to the agricultural receipts of the farmers of the region); monographic (when studying the problems of the functioning of the mechanism of lending to agrarians by agrarian receipts) economic analysis (when carrying out a comparative analysis of the mechanism of classical bank lending to the agrarian business and the mechanism of lending to agrarians according to agrarian receipts); modeling and forecasting (when determining ways to overcome the existing deficiencies in the mechanism of lending to agrarian business entities of the region according to agrarian receipts). The results of the work – a retrospective analysis of the structural transformation of financial and credit relations in the agricultural business was carried out. The mechanism of crediting agrarians according to agrarian receipts and the scale of its distribution in the agrarian business of the region are considered. A comparative analysis of the mechanism of classical bank lending to the agrarian business and the mechanism of lending to agrarians according to agrarian receipts was carried out. In the framework of the pilot project “Agrarian receipts in Ukraine” of the international financial corporation (IFC) in partnership with the Swiss Confederation in Ukraine, the example of the Poltava region defined the effectiveness of the crediting mechanism according to the agrarian receipts of the agrarians of the region. The advantages and disadvantages of the mechanism of crediting the subjects of the agrarian business on agrarian receipts are noted. The ways to overcome the existing shortcomings of the mechanism of crediting the subjects of the agrarian business of the region according to agricultural receipts are determined. Conclusions – according to the results of the conducted research, the effectiveness of the mechanism of lending to the agricultural business of the regions according to agricultural receipts was proved, its advantages and disadvantages were noted, and attention was also focused. Proposed in Art. 7 of Law No. 5479-VI clearly delineate cases and restrictions on the debtor’s reimbursement of expenses incurred by the lender with the acquisition of the right to grow and harvest the pledged crop of agricultural products, which will ensure the principle of equality of parties on economic benefits and distribution of credit risks according to agricultural receipts.


2020 ◽  
pp. 29-45
Author(s):  
O.A. Naydis ◽  
I.O. Naydis

The article considers the types, forms, mechanisms and classification of mergers and acquisitions, identifies their positive effects, and studies the tactics of acquisitions. The analysis of anti-capture measures: active and preventive methods of protection against hostile mergers and acquisitions. A comparative analysis of anti-capture measures with acquisitions tactics was carried out, the advantages and disadvantages of their application were identified.


Author(s):  
A.I. Glushchenko ◽  
M.Yu. Serov

В статье рассматривается вопрос совершенствования системы управления параллельно-работающими насосными агрегатами с целью повышения энергоэффективности их работы. Проведено сравнение и выявление недостатков существующих методов решения рассматриваемой проблемы. Предложена идея нового подхода на базе онлайн оптимизации. The problem under consideration is improvement of the energy efficiency of a control system of parallel-running pump units. Known methods used to solve this problem are considered. Their advantages and disadvantages are shown. Finally, the idea of a new approach, which is based on online optimization, is proposed.


2011 ◽  
Vol 80 (4) ◽  
pp. 459-484
Author(s):  
Yoshifumi Tanaka

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.


1988 ◽  
Vol 34 (1) ◽  
pp. 29-42 ◽  
Author(s):  
Gerald R. Wheeler ◽  
Rodney V. Hissong

Proponents of mandatory jail laws contend that alternative sanctions such as probation and fines have failed to modify behavior of those convicted of drunk driving (DWI). In order to test this proposition, we evaluated the effects of probation, fines, and jail sentences on DWI recidivism of a randomly selected DWI population at risk for 36 months. Utilizing survival time statistical analysis, the findings showed no significant differences in outcome among sanctions. As predicted, persons with a DWI history recidivated significantly sooner than first offenders. We conclude by advocating a policy of alternative sanctions to incarceration for drunk drivers.


1932 ◽  
Vol 5 (1-2) ◽  
pp. 25-35

The Preparation of Meat-scraps. Meat-scraps Problems. De Bereiding van Diermeel. Diermeelproblemen. Dr. B. J. C. te Hennepe. Tijdschrift voor Diergeneeskunde, 1931, p. 918.The author describes three different processes for the preparation of meatscraps used in the Netherlands, pointing out their advantages and disadvantages. (1) The wet process, (2) The dry process, (3) The extraction process by means of Benzin. A summary of the economical results obtained is being given. The author points further out, that according to his opinion the question, as to how far the intrinsic value of free fatty acids influences the feeding value of the meal, especially as regards chicken food, is quite entitled.


Author(s):  
Тамерлан Шайх-Магомедович Едреев

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.


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