LEGAL PRACTICES OF INSOLVENCY AND BANKRUPTCY IN INDIA

Bankruptcies have historically followed the business cycle closely. Failure of certain company strategies is a natural part of the market economy’s process. When a firm fails, the optimum outcome for society is a quick renegotiation between financiers, to fund the going concern with a new structure of obligations and a new management team. The purpose of bankruptcy legislation is to recover an entity’s debt and distribute its assets among competing claimholders. As a result, the RBI’s asset quality reviewers identified an extremely high number of NPAs. The government’s most major change is the insolvency and bankruptcy legislation. On the heels of the adoption of the Insolvency and Bankruptcy Code, India jumpedfrom 108thto 52nd in the resolving insolvency category, while its rating improved significantly in dealing with construction permits to 27th from 52nd and trading across borders to 68th from 80th. The purpose of this study is to look into the regulatory framework in India for insolvency and bankruptcy. The impact of insolvency and bankruptcy Code on the Indian economy is also discussed in the study. KEYWORDS: Insolvency, Bankruptcy, Code, Regulatory, SARFAESI Act, National Company Law Appellate Tribunal (NCLAT)

Dying at work. Work-related suicide – how does the UK regulatory context measure up?

Purpose The purpose of this paper is to examine how work-related suicides are monitored, investigated and regulated in the UK, examining a small selection of cases and drawing on international comparison with other countries. Effective data collection and regulation are the cornerstone of suicide prevention, and this paper aims to consider whether the UK’s current regulatory framework provides an effective basis for preventing work-related suicides. Design/methodology/approach This study draws on qualitative sociological methods and is based on an in-depth analysis of 12 suicide cases occurring between 2015 and 2020. In each case, work-related causal factors had been previously identified by at least one official source (police enquiry, coroner or employer’s investigation). This study analysed multiple sources of documentation and undertook interviews with individuals close to each suicide case. The aim of this study was to consider the organisational response of three stakeholder organisations to the suicides: the Health and Safety Executive (HSE), the coroner and the employer. Findings The study points to serious shortcomings in the UK’s regulatory response to work-related suicides. Suicides are currently not recorded, investigated or regulated. Whereas the fracture of an arm or leg in the workplace needs to be reported to the HSE for further investigation, a suicide occurring in the workplace or that is work-related does not need to be reported to any public agency. Employers are not required to investigate an employee suicide or make any changes to workplace policies and practices in the aftermath of a suicide. The work-related factors that may have caused one suicide may, therefore, continue to pose health and safety risks to other employees. Originality/value Whereas some recent studies have examined work-related suicides within specific occupations in the UK, to the best of the authors’ knowledge, this is the first study to analyse the UK’s regulatory framework for work-related suicides. The study on which the paper is based produced a set of recommendations that were targeted at key stakeholder organisations.

ФОРСАЙТ СОЦІАЛЬНО-ТРУДОВОЇ МОБІЛЬНОСТІ МОЛОДІ НА ОСНОВІ ВИКОРИСТАННЯ ХАКАТОН-ЕКОСИСТЕМИ

The article discusses contemporary issues related to social and labor mobility of youth. In particular, it is observed that social and labor mobility is influenced by such factors as social order; ethnocultural stereotypes at the modern stage of social process development; system of social and moral values; changes in the employment types and patterns, a range of professions and occupational prestige in public opinion; demographic processes; regional specifics; social structure and organisation; settlement structure, etc. The study reveals that from a microenvironment perspective, the youth social and labor mobility level is primarily affected by the following group of impact factors: family, education system, immediate environment, media, territorial specifics of professional and social structure and others. The study findings demonstrate that the correlation between objective realia and microenvironment in the process of professional self-identity of an individual could be viewed as the relationship between the two external sources of shaping a person’s professional focus. To attain the research agenda, foresight technologies were employed to encourage social and labor mobility of young people. Data collection on graduates was conducted at the Kyiv National University of Technologies and Design during 2019–2020. Based on the use of the Hackathon ecosystem, this study presents a foresight on youth social and labor mobility. It is argued that such a mechanism contributes to building socioeconomic relationships between institutions, enterprises and organizations on youth social and labor mobility, applying a systematic approach to tackling the issues under consideration, developing the key areas for effective interaction, establishing socioeconomic, legal, psychological and didactic terms to coordinate their activity. The regulatory framework to manage social and labor attitudes of young people based on the University Hackathon ecosystem involves the following mechanisms: institutional (developing and implementing a regulatory framework as well as the government workforce policy), organizational (assessing the situation within the educational environment: social, household-based, psychological), economic (which covers optimality, efficiency, structuring) along with personal and motivational (insights into the demands, values, interests and motifs).

Islets Transplantation at a Crossroads - Need for Urgent Regulatory Update in the United States: Perspective Presented During the Scientific Sessions 2021 at the American Diabetes Association Congress

Clinical islet allotransplantation has been successfully regulated as tissue/organ for transplantation in number of countries and is recognized as a safe and efficacious therapy for selected patients with type 1 diabetes mellitus. However, in the United States, the FDA considers pancreatic islets as a biologic drug, and islet transplantation has not yet shifted from the experimental to the clinical arena for last 20 years. In order to transplant islets, the FDA requires a valid Biological License Application (BLA) in place. The BLA process is costly and lengthy. However, despite the application of drug manufacturing technology and regulations, the final islet product sterility and potency cannot be confirmed, even when islets meet all the predetermined release criteria. Therefore, further regulation of islets as drugs is obsolete and will continue to hinder clinical application of islet transplantation in the US. The Organ Procurement and Transplantation Network together with the United Network for Organ Sharing have developed separately from the FDA and BLA regulatory framework for human organs under the Human Resources & Services Administration to assure safety and efficacy of transplantation. Based on similar biologic characteristics of islets and human organs, we propose inclusion of islets into the existing regulatory framework for organs for transplantation, along with continued FDA oversight for islet processing, as it is for other cell/tissue products exempt from BLA. This approach would reassure islet quality, efficacy and access for Americans with diabetes to this effective procedure.

Resisting the Tide: The Roles of Ideology in Sustaining Alternative Organizing at a Self-managed Cooperative

This paper examines how organizational ideology can be collectively mobilized to sustain an alternative organizational form—a self-managed cooperative—in resistance to institutional prescriptions perceived as hostile. Based on an ethnographic study of the Venezuelan cooperative Cecosesola, we identify three roles through which ideology enables the reproduction of the alternative form over time: ideology as a mobilizing normative framework to justify resistance; as a cultural-cognitive framework to engage members and integrate them into the resistance project; and as a regulatory framework ensuring member compliance. However, we find that in parallel with sustaining self-management as an alternative form, mobilizing ideology may also paradoxically entail costs in terms of individual sacrifices, exclusion of members and reduction of group heterogeneity, leading to the creation of an authoritarian system. These findings shed light on the ideological drivers of institutional resistance and bring new insights to understand the challenge of sustaining self-management and other alternative organizational forms within a hostile institutional context.

A Multi-Criteria Approach to Decision Making in Broadband Technology Selection

A new European Union regulatory framework for the telecom sector has been under a process of transposition to national laws by its member states that should have been completed by the end of 2020, notwithstanding some delays. A core purpose of the regulatory framework is to guarantee that most citizens will have access to very fast Internet connections, capable of 100 Mbps download link speed, regardless of where they live. According to this new framework, in areas where the market does not deliver, governments are to launch public tenders for the deployment, maintenance, and operations of network infrastructure as well as services, and public funds should be used to support the deployment of these broadband networks in less densely populated areas. Needless to say, public tenders of this nature are subject to different criteria when it comes to candidate evaluation. In this paper, we present a decision model for the selection of operators to deploy and maintain broadband networks in scarcely populated areas, taking into consideration infrastructure costs, the technical quality offered by the solutions, and the credibility of the candidates. We suggest an integrated multi-stakeholder multi-criteria approach and demonstrate how it can be used in this complex area and find that in the example provided, taking a relevant set of criteria into the analysis, optical fibre networks hold much higher chances to be used in these public tenders compared to networks based on the broadly favoured 5G technology.

How Far Is Far Enough? The Social Constitution of Geothermal Energy through Spacing Regulations

This article argues that the sociotechnical context in which near-surface geothermal energy is embedded draws out its characteristic of being temporarily depletable. Thereby, the minimization of unavoidable side effects, such as cold plumes, which result from the social constitution of geothermal energy, is a crucial area of consideration. Using the situation in Germany as a touchstone, we discuss how cold plumes and interferences from neighboring ground source heat pumps test the limits of the existing regulatory framework, requiring negotiations between different knowledge sets stemming from areas as diverse as planning law, geology, cultural habits, and engineering. This makes the operation of geothermal energy highly uncertain and continuous negotiations on sustainable modes of extractions a pressing issue.