legal controls
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2021 ◽  
Vol 2 (4) ◽  
pp. 3-33
Author(s):  
Maria Evgenievna Cheremisinova

Based on the study of relevant research findings, law enforcement practices and content analysis, the paper identifies the peculiarities of social and legal environment reflecting the experimental nature of life of a modern society. The mutual effects of technologies, social relationships and legal regulations are discussed. It is stated that technologies which initially had an uncertain impact (social, economic, political and legal) have set an evolutionary development trend of modern societies worldwide, only to justify the insight into evolving conditions in which the personal legal status is implemented. In identifying the nature of technological revolution at the current stage, a conclusion is made on the implementation of a vast majority of social relationships in context of technology-driven social experiment. The legal features of this experiment making it different from the previous stages of the technological progress are identified, and the importance of convergence of the community and digital technologies to set directions for development of the law is underlined. Special attention is paid to the category of the personal legal status and aspects of its protection. The factors of its transformation in the given context are studied and the impact of the experiment’s legal features on the personal legal status is demonstrated. The paper is aimed at proposing solutions to the issue of preserving legal status of a person as a legitimate party to social and technological processes protected from technocratic manifestations, endowed with the right of choice and opportunities to exercise it. In terms of methodology, the study is based on both general and particular research methods. The former include structured and historical methods while the latter — formal legal method and logical cognitive tools such as analysis, synthesis, induction, deduction. It is proposed to expand the field of application of legal experiment to keep pace with the social relationships dynamics in the context of technological change, help maintain the guarantees related to the established rights and liberties and also contribute to the development of well-balanced legal controls.


Author(s):  
Edian F Franco ◽  
Wilfredo Padrón Iglesia ◽  
Karina Pérez Teruel

One of the biggest problems that the Dominican Republic has had in recent decades is the efficient management of solid waste produced by the population. This problem has worsened in recent years due to the decrease in available areas for the construction of sanitary landfills, the lack of recycling culture in the population, the deficiency in waste collection, and the scarce legal controls aimed at preserving water and air and soil, among other factors. The objective of this study was to explore the management of solid waste by the population and the municipality of Puñal, province of Santiago, to evaluate and analyze the situation and generation of solid waste, municipal solid waste management services, and the attitudes of the population regarding recycling projects and waste management, to evaluate the viability and sustainability of the use organic waste for energy generation. A total of 275 households from 29 localities in the municipality of Puñal were surveyed, which allowed for a significant population sample. According to the results obtained, the most significant type of waste produced by families is organic waste, followed by plastic waste and paper. Of the total organic waste produced in the municipality, 53% of solid waste is disregarded through the municipal waste collection system, while 47% is used as plant fertilizers or animal feed. On the other hand, most households receive the municipal waste collection service and pay for this service. The results of our research show that the implementation of an energy production system based on organic waste would be viable in the municipality of Puñal. However, a more efficient waste collection system would be necessary and the development of programs and projects that allow all households to participate in the system.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Lifeng Wei ◽  
Zhuowa Sha ◽  
Haonan Jia ◽  
Yidong Wang ◽  
Gangyu Zhang ◽  
...  

Abstract Background With increasing urbanization in developing countries, sanitation workers are frequently involved in road traffic collisions. Our purpose was to study specific collisions involving sanitation workers and provide decision-making suggestions and reference measures for the sanitation industry and urban managers to reduce the occurrence of collisions. Methods We obtained online news data about sanitation worker road traffic collisions in China between 2013 and 2017 and analyzed occurrence time and location, victim characteristics, and causes of collisions. Results In China, between 2013 and 2017, 511 road traffic collisions were reported, with the fewest in February and July. Most occurred around 5:00 a.m. in Eastern regions and in urban areas. Victims were mainly over 50 years old, with more females than males. Collisions usually resulted in death at the scene. The ambiguity of laws, the exploitation of workers through industry outsourcing, and the difficulty of processing claims may be the main factors preventing victims from obtaining legal compensation. Conclusions The most common cause of collisions was drivers’ speeding, but workers also regularly risk death by crossing the road in pursuit of their duties. The absence of legal controls for environmental protection, the excessive pursuit of efficiency in urban governance, and the lack of basic education of sanitation workers are underlying causes of collisions. Raising awareness about sanitation worker road traffic collisions will help protect the work safety rights of this vulnerable group.


Author(s):  
Abdullah Mohammed Ali Al. Mekhlafi Abdullah Mohammed Ali Al. Mekhlafi

This study deals with the controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence. The knowledge of conditions carries great importance in the financial transactions that take place between individuals in society, and in particular the contracts that are concluded between the contracting parties and the terms that contain these contracts and which are relied upon in The protection and guarantee of contracting funds, as the various contracts and actions through which individuals practice different transactions include many conditions, and on these conditions the validity and invalidity of contracts depend, and given the impact of the conditions on contracts, civil laws have interfered and legal controls have been set for the conditions that are set in the different contracts to protect it from nullity. This research aims mainly to define the legal and controls for the conditions associated with contracts in Bahraini civil law and Islamic jurisprudence, and to show the impact of conditions on the validity of contracts. This study has reached a number of results, the most important of which is that the principle in the conditions is permissibility and not prohibition, and it has restricted freedom in terms of contracts associated with contracts by placing exceptions on the original in order to achieve the public interest and the private interest, and adopting this principle is a desire of the Bahraini legislator not to restrict and limit the contracting parties. The permissibility of the conditions associated with contracts in specific conditions, and the study also showed that adherence to the legal controls related to the conditions protect contracts and actions from nullity, and the contracting parties avoid disputes and material losses that may befall them as a result of contract nullity in the event of Non-compliance with legal and legitimate Controls.


Author(s):  
Ali Muhammad Ali Mahdi Uthman

يسلط البحث الضوء على أثر مراعاة المقاصد والنيات في العقود التي تقتضي الإيجاب والقبول من الطرفين كالبيع والإجارة والهبة والزواج إلى آخره، والتصرفات التي تقتضي وقوع الرضا من طرف واحد كالإبراء والإسقاط والطلاق، ويعالج البحث كثيرا من الإشكالات التي تقع – بحسن نية- أحيانا، وأحيانا أخرى تحت وطأة العرف الذي ينظر بعين الازدراء والاحتقار إلى من يخالف قواعده حتى ولو كان مطالبا بحقه الشرعي في ضوء مراعاة المقاصد الشرعية، ومواد القانون المدني المصري بما يساعد المفتين والقضاة على حل النزاع ورفع الإشكال بمنهجية علمية وفق الأحكام الشرعية. في هذا البحث رصد لكثير من الإشكالات العملية ووضع الحلول الفقهية العادلة لها، ومن هذه الصور: إنفاق الابن على الأسرة على ما جرت به العادة من غير تصريح بطلب المعاوضة ولا بالهبة ثم التنازع بعد ذلك في طلب العوض. مساهمة الزوجة براتبها في مسكن الزوجية، ثم طلب العوض عند النزاع. التوقيع على وثيقة الطلاق لا بقصد الفراق وإنما بغرض الحصول على معاش الوالد. التنازل عن الميراث خشية الازدراء من الأقارب. ومن أهداف البحث وضع الحلول الفقهية لكثير من الإشكالات العملية التي ترد إلى لجان الفتوى في موضوع البحث. التأكيد على مرونة الفقه، وقدرته على وضع الحلول العادلة لجميع مستجدات الحياة. استجابة لما نادى به مؤتمر الأزهر العالمي للتجديد في الفكر الإسلامي، من قدح زناد العقل الفقهي للخروج برؤى متطورة تبني على ما أصله الفقهاء السابقون لتضع الحلول العادلة لكثير من إشكالات العصر، وموضوع البحث أحد هذه الإشكالات. المنهج الذي سأتبعه في البحث- إن شاء الله- يتمثل فيما يلي: المنهج المقارن. منهج التحليل العلمي. منهج التخريج الفقهي. انتهى البحث إلى العديد من النتائج التي تدل على مراعاة مقاصد المكلفين في العقود والتصرفات وفق ضوابط شرعية تم بيانها تفصيلا في أثناء البحث، كما تم ذكر النتائج إجمالا في نهاية البحث. الكلمات المفتاحية: أثر، المقاصد، العرف، مراعاة، العقود والتصرفات.   Abstract The research sheds light on the effect of observing purposes and intentions in contracts that require an offer and acceptance by both parties, such as selling, leasing, gift, marriage...etc, and behaviors that require consent from one party, such as acquittal, abolition and divorce. The research deals with many problems that sometimes occur - in good faith. And sometimes under the pressure of custom, which looks with contempt at those who violate its rules, even if they are claiming their legitimate right in light of observing the legitimate purposes, and the articles of the Egyptian Civil Code in a way that helps the muftis and judges to resolve the dispute and raise the problems with a scientific methodology in accordance with the legal provisions. Research problem: In this research, many practical problems have been monitored and the fair jurisprudential solutions have been developed for them.The son’s spending on the family on what is customary, without permission to ask for compensation or as a gift, then dispute after that in the request for compensation.The wife’s contribution with her salary to the marital home, and then asking for compensation in the event of a dispute.Signing the divorce document not for the purpose of separation, but for the purpose of obtaining the father's pension. Relinquishing the inheritance for fear of contempt from relatives Research aims: Develop jurisprudential solutions to many practical problems that are referred to the fatwa committees about the research. Emphasis on the flexibility of jurisprudence, and its ability to develop just solutions to all developments in life. In response to what was called by the Al-Azhar International Conference for Renewal of Islamic Thought, to ignite the trigger of the jurisprudential mind to come up with advanced visions that build on the origins of the previous jurists to put just solutions to many of the problems of the time, and the subject of research is one of these problems. Research Methodology: The method that I will follow in the research - God willing - is as follows: The comparative method. Scientific analysis method. Jurisprudence graduation curriculum. Research results: The research ended with many results that indicate the observance of the purposes of the taxpayers in contracts and actions according to legal controls that were detailed during the research, and the results were mentioned in general at the end of the research. Keywords: Impact, intentions, custom, observance, contracts, actions.


2021 ◽  
Vol 4 (Special Issue) ◽  
pp. 34-74
Author(s):  
Ali Muhammad Ali Mahdi Uthman

The research sheds light on the effect of observing purposes and intentions in contracts that require an offer and acceptance by both parties, such as selling, leasing, gift, marriage...etc, and behaviors that require consent from one party, such as acquittal, abolition and divorce. The research deals with many problems that sometimes occur - in good faith. And sometimes under the pressure of custom, which looks with contempt at those who violate its rules, even if they are claiming their legitimate right in light of observing the legitimate purposes, and the articles of the Egyptian Civil Code in a way that helps the muftis and judges to resolve the dispute and raise the problems with a scientific methodology in accordance with the legal provisions. Research problem: In this research, many practical problems have been monitored and the fair jurisprudential solutions have been developed for them.The son’s spending on the family on what is customary, without permission to ask for compensation or as a gift, then dispute after that in the request for compensation.The wife’s contribution with her salary to the marital home, and then asking for compensation in the event of a dispute.Signing the divorce document not for the purpose of separation, but for the purpose of obtaining the father's pension. Relinquishing the inheritance for fear of contempt from relatives Research aims: Develop jurisprudential solutions to many practical problems that are referred to the fatwa committees about the research. Emphasis on the flexibility of jurisprudence, and its ability to develop just solutions to all developments in life. In response to what was called by the Al-Azhar International Conference for Renewal of Islamic Thought, to ignite the trigger of the jurisprudential mind to come up with advanced visions that build on the origins of the previous jurists to put just solutions to many of the problems of the time, and the subject of research is one of these problems. Research Methodology: The method that I will follow in the research - God willing - is as follows: The comparative method. Scientific analysis method. Jurisprudence graduation curriculum. Research results: The research ended with many results that indicate the observance of the purposes of the taxpayers in contracts and actions according to legal controls that were detailed during the research, and the results were mentioned in general at the end of the research.


Conservation ◽  
2021 ◽  
pp. 207-233
Author(s):  
Charles Perrings

Many of the environmental changes that threaten biodiversity are negative externalities of agriculture, forestry, industrial production, infrastructural development, and urban growth. Examples include climate change, habitat loss and fragmentation, and the spread of pests and pathogens. Chapter 9 considers the nature of environmental externalities: whether they are public or private, whether unidirectional or reciprocal, and how they relate to wider environmental and socioeconomic conditions. It also considers the instruments available to internalize externalities at different scales, either by confronting those whose actions harm others with the full cost of the actions, or by compensating those whose actions confer benefits on others. Instruments discussed include the assignment of property rights, regulations and legal controls, and economic instruments such as pollution charges or payments for ecosystem services.


2021 ◽  
Vol 9 (3) ◽  
pp. 325
Author(s):  
Periklis Kleitou ◽  
Jason M. Hall-Spencer ◽  
Ioannis Savva ◽  
Demetris Kletou ◽  
Margarita Hadjistylli ◽  
...  

The European Regulation (EU) 1143/2014 on Invasive Alien Species entered into force in 2015, with the aim to fulfill regional and international biodiversity goals in a concerted manner. To date, the Regulation listed 66 Invasive Alien Species (IAS) that are subject to legal controls. Only one of these is marine. A recent lionfish (Pterois miles) invasion has been closely monitored in the Mediterranean and a detailed risk assessment was made about the profound impacts that this invasive fish is likely to have on the fisheries and biodiversity of the region. In 2016–21, lionfish rapidly became dominant predators along Eastern Mediterranean coasts, yet the process for their inclusion on the EU IAS list has been lengthy and is ongoing. There is an urgent need to learn from this experience. Here, we recommend improvements to the Regulation 1143/2014 and the risk assessment process to protect marine ecosystems and secure the jobs of people that rely on coastal resources.


2021 ◽  
pp. 339-349
Author(s):  
Derek French

This chapter surveys corporate governance. It identifies the key problem of the separation of ownership and control in companies that are not owner-managed. Shareholders are seen as the owners of the company but directors manage the company and can do so for their own benefit rather than the shareholders’. There is a list of the numerous legal controls on directors, which are studied in other chapters. There is discussion of two ways of looking at directors, either as stewards who must account for their actions to the owners or as entrepreneurs whose wealth-creating work deserves reward. The UK Corporate Governance Code, which applies to premium listed companies, is discussed, as are shareholder activism and investor stewardship.


Author(s):  
Khalil Ahmed Marif

This research aims to highlight the role of the Islamic system in economic freedom and its success over the capitalist system, and a socialist in freedom. And between the pros and cons and the way of freedom in the mentioned systems. He emphasized that economic freedom in the capitalist system is absolute, there is no limit in it, but a little, while denying public ownership only an exception to the original, And the state's non-interference in economic and financial activities. And with the denial of economic freedom in the socialist economic system and direct and absolute interference of the state in all economic and financial activities through the central planning system, With the recognition of private ownership, an exception to the original. The research emphasized that economic freedom in the Islamic economic system is neither absolute nor denied, Rather, a compromise between the two sects recognizes economic freedom, but within a limited scope, Because it is disciplined by the legal controls that are valid for all societies. And on the research methodology: I used it in the research as a theoretical and descriptive study that shows freedom in the prevailing economic doctrines with an explanation of Islam’s position on its restricted freedom and the importance of legitimate controls valid for humanity. The results were obtained and the most important ones are Economic freedom in the capitalist economic system is absolute without any control, and Economic freedom is denied in the socialist economic system, therefore Many criticisms of the capitalist and socialist economic system appeared throughout their history as a result of some wrong ideas on which the Philosophy of the two doctrines, however The right to analyze and prohibit is not anyone's right but God alone, but the Economic freedom in the Islamic system is defined by Shari’a controls and constrained by restrictions that refer to the interests of the human community in general, though Islam’s mediation in economic freedom is between capitalist launch and socialist exile. One of the most important recommendations in this research Taking care of teaching Islamic economics in colleges and institutes, Commitment to economic freedom disciplined by Sharia controls, in order to eliminate corruption and bring human interests, and Following to this rule: every action is permissible unless there is evidence that it is prohibited.


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