Legal compliance, risk and crisis management

In the current environment, it is more important than ever for event professionals to recognise and understand their legal obligations and be able to ensure compliance. While many of the associated issues are complex, a sound understanding of their implications is an essential part of the event manager’s toolkit. In fact, issues associated with legal compliance represent one of the most significant areas of risk for practitioners in the events industry.

Dynamics of Human Resource Strategies and Cultural Orientations in Multinational Corporations

The search for new market opportunities in order to expand operations has been on the increase globally, and organizations are progressively pouring their resources into these expansions probably because of the huge turnover and return on investment derived from new market explorations. Multinational corporations (MNCs) that seek the market expansions in other developing countries transfer specific advantages and benefits to the emerging markets in order to operate effectively. The MNCs are required by law to comply with the legal obligations, local regulations, and cultural adaptations in the bid to transfer specific advantages. The situation becomes more complex because of the different cultures in different countries. New strategies are introduced to resolve the new challenges that each new market entrance offers. These strategies pose tremendous risk to expanding markets and their operations, especially to developing markets. Recommendations are suggested to HRM practitioners and scholars, and issues are considers for future research.

CORPORATE GOVERNANCE THEORY AND MODEL : A CONCEPTUAL OBSERVATION

This paper outlines the conceptual, contextual and disciplinary scope of the rapidly evolving topic of corporate governance. The aim of this paper is to make a study of different theories and models of corporate governance that have been used globally by analysing strengths and weaknesses for each one. This is to determine which one is the best theory and model and if it can be adopted to different economic systems. Corporate governance theory has tended to look to this theory to guide the decisions of the board of directors in curbing excessive executive power in the hands of management. While useful for this purpose, the Agency Theory provides limited guidance on corporate governance in real life situations which are far more complex. With the blurring of the roles of the principal and the agent, the currently prevalent governance framework, based on the Agency Theory has become self limiting and ineffective. Efforts to supplement the Agency Theory with alternative theoretical frameworks such as the Stakeholder Theory and the Stewardship Theory have, at times, tended to place the board of directors in conflict with their legal obligations to work in the interests of the shareholders. A governance model based on the concept of Trusteeship, while providing fresh insights, suffers from problems in implementation and remains a goal . These alternative frameworks have, therefore, not been of much practical use to the board members in helping them to decide what constitutes the “right” decision. We need new theoretical insights that will take us towards a comprehensive theory of governance. This paper seeks to highlight the various theoretical frameworks for corporate governance.

Legal and practical dimensions of the protection of areas, facilities and devices important for state security

The article discusses the legal obligations of heads of units included in the register of areas, facilities and devices subject to mandatory protection in the voivodeship. The obligation of the head of the unit to provide physical or technical protection of an object. Significant items for state security with the use of internal security services or personal and property protection agencies – that is often criticized. However, it should be remembered that the cooperation of services, guards and inspections with the private sector is necessary to obtain an appropriate level of security. In addition, practical ways to ensure the safety of areas, facilities and devices subject to mandatory protection are also presented. The current technological development does not reduce the protection of the facility only to physical protection, allowing the use of modern technical security systems in order to support the activities of specialized employees of armed security formations. Due to the above, the authors described the operation of selected technical security systems in protected facilities.

The Origin of the Covid-19 Pandemic: Legal Obligations of China under International Law

not available Dhaka University Law Journal, Vol. 31, 2020 P.105-120

Philosophy of “Soft Law” as a Universal Regulator of International Relations Management

Soft law is a set of rules and guidelines, the legal force of which is at the “negotiation” stage. It has ap- peared in international law since the 1970s as one alternative to international treaties, used in cases where, for various reasons, the parties do not want or cannot commonly decide or to sign an international treaty. Agreements of this kind do not create legal obligations between the contracting parties (under the princi- ple, contracts must be respected) but only set political obligations, observing which is at the discretion of the parties. The primary purpose of the study is to analyze the philosophy of “soft law” in the context of international management of relations. The principal object of the research is the essence and significance of the philosophy of “soft law” as such. The major results of our research are to determine the essence and significance of the philosophy of “soft law” in the context of international relations.

Liability of legal entities as a prerequisite for the implementation of the Medicrime Convention

It is examined in the article the provisions of current criminal law in terms of compliance with international legal obligations, which Ukraine has been taken while ratified the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (the Medicrime Convention) in terms of liability of legal entities for the creation and circulation of counterfeit medical products. It was proved that in fact there is no such responsibility, and, therefore, the obligation is not fulfilled. A number of explanatory notes were also analyzed, which determined the range of criminal offenses for the commission of which measures of a criminal nature may be applied to a legal entity. It is established that no obstacles or arguments for non-inclusion in paragraph 1 of part 1 of Art. 96-3 of the Criminal Code of Ukraine there are no pharmaceutical crimes. An analysis of the leading international experience in the implementation of liability of legal entities for these acts, in particular, Spain, Germany and Switzerland. In addition, judgments of foreign states, which proves that pharmaceutical crimes are crimes that can be committed by transnational organized crime. Therefore, the obligation to expand the range of crimes under Part 1 of Art. 96-3 of the Criminal Code of Ukraine follows from the UN Convention against Transnational Organized Crime. It was emphasized that in order to effectively counter the spread of counterfeit medical products, it is necessary to expand the powers of the State Medical Service to control the quality of medical products without prior notice of inspection of business entities (Law of Ukraine" On Basic Principles of State Supervision (Control)" 2007 № 877). It is necessary to bring the national legislation in line with Art. 11 of the Medicrime Convention to escape from all drawbacks due to expansion range of crimes that could help to make responsible the legal entities in criminal law. For this purpose, it is mandatory to add paragraph 1 Part 1 of Art. 96-3 by reference to Articles 305 and 321-1 of the Criminal Code of Ukraine.

CONTRACTUAL BASIS FOR TERMINATION OF CIVIL LEGAL OBLIGATIONS: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION

The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are considered. It is noted that at present the practice of applying the legislation on compensation has changed significantly. Despite the restrictions established by the norm of Article 409 of the Civil Code of the Russian Federation, judicial practice allows the possibility of using works and services as a subject of compensation, which leads to problems of distinguishing such contractual grounds for termination of obligations as compensation and innovation. With regard to the innovation, an analysis of the provisions on the possibility of novating the penalty into a loan obligation is given. A problematic issue is the legal qualification of debt forgiveness as a basis for termination of an obligation. It is noted that the contractual nature of debt forgiveness should be taken into account. Acceptance of notification by the debtor's creditor of his release from the performance of his duty is the silence of the debtor (clause 2 of Article 438 of the Civil Code of the Russian Federation). The article also considers the question of the ratio of debt forgiveness and donation. The analysis of judicial practice shows that the courts do not consider debt forgiveness as a gift, except in cases when the creditor released the debtor from the performance of the obligation free of charge. In this case, the norms of Article 168 of the Civil Code of the Russian Federation and paragraph 4 of Article 575 of the Civil Code of the Russian Federation are subject to the application of debt forgiveness.

Fraud Against the Law in the Legal and Religious System of Iran

Along with the formation of legal requirements, lawlessness and fraud against the law have also increased. The idea of combating fraud, in order to counteract its consequences, gradually led legal scholars to institutionalize the doctrine of the "general theory of fraud against the law." Modern civilized societies do not tolerate the non-fulfillment of legal obligations and requirements, they have made an increasing move in accepting this theory. Of course, the thought of religious scholars in enriching the theory in question, in the light of the institution of trickery, has fueled this important issue.It seems that although some religious scholars and jurists still have doubts about accepting this theory as an independent and specific establishment, but the existence of some signs in the subject law of Iran, sparks of hope in accepting this theory. . In this regard, the exclusive enforcement guarantee of "inability to invoke fraudulent action" has emerged. The article in question is an attempt to prove the above and intends to analyze the fraud against the law by carefully studying the legal and religious system of Iran.