Termination of Dollateralized Obligations as an Illegal Action in Case of Bankruptcy: Problems of Criminal Law Assessment

There is a general rule according to which if the claims of some creditors on the debtor’s property are knowingly satisfied to the detriment of other creditors, it constitutes an illegal action in case of bankruptcy provided that such an action inflicted major damage. In its turn, the size of the inflicted damage coincides with the size of satisfied claims minus the share that would have been due to the creditors who satisfied their claims this way if the insolvency estate has been distributed according to the insolvency law. At the same time, the corresponding crime may be committed not only through the due performance of an obligation, but also through the termination of bail bonds on other grounds. When the authors analyze illegal actions in cases of bankruptcy committed through the provision of release property, they conclude that if the market value of the release property exceeds the size of terminated obligations by the sum equaling major damage, the actions should be classified as multiple offences under Parts 1, 2, Art. 195 of the Criminal Code of the Russian Federation. As for the order of determining the size of damage when satisfying claims secured by the debtor’s property, the authors pay attention to the privileged status of the pledge holder: a part of proceeds from the sale of pledged property must be used to satisfy their claims on the principal plus interest. Thus, for the corresponding part of the value of the object of pledge, no damage is inflicted on other creditors in connection with satisfying the claims of the pledgee. In some circumstances, the claims of the pledge holder are satisfied by a part of the proceeds from the sale of the object of pledge designated for the satisfaction of other claims, which cannot be overlooked when determining the size of the inflicted damage. The exceptions are the cases when, as a result of satisfying the claims of the pledgee, their claims on compensating damages and (or) paying financial sanctions were also satisfied. The satisfaction of the abovementioned claims in the size equaling major damage constitutes a crime under Part 2, Art. 195 of the Criminal Code of the Russian Federation. At the same time, if the difference between the size of pledge requirements terminated by the provision of release property, and the value of the transferred assets equals major damage, the actions must be classified as multiple offences under Parts 1, 2, Art. 195 of the Criminal Code of the Russian Federation.

Peningkatan Kemampuan Orang Tua Dalam Mengendalikan Anak-Anak Untuk Mengakses Konten Pornografi

Smartphone and computer are commonly tool that people used in any stage of age including children who needs very strict and tight controlling. These technological devices are used for education, business, or social media purposes. In this community service we concern for the children that could lead them to illegal action during using their smartphones or computers such as visiting pornography websites, visiting piracy or dark websites, and lastly surfing illegal websites. Besides positives useful things of the internet technology, Accessing internet without control and supervision has negative risk too, users will have high possibility chances to access or viewing an adult content or pornography websites by their own purpose or just in coincidence moments. The objective of this program is to bring awareness and transfer the knowledge to all participant (parents) technically about setting up smartphones and computer’s features to optimize the parent controlling. Parents will be teaching how to set up the parental feature in their children account, tracing the websites had visited by their teenage children, activate feture to block application, and limits their access to overused application. At the end of this community service will be able to perform their parental control of their teenagers’ children and avoid them to access the pornography or adult content.

Study on the role of the accident statistics in the design of coal mine safety signs

Accident statistics is an important basis in designing coal mine safety signs. In this paper, we study the process and feasibility for accident statistics as the design basis of the coal mine enterprise safety signs. This paper comes into a conclusion of unsafe actions which cause the accident can be divided into two categories: illegal action and error action. Illegal action could be subdivided into habitual illegal action and accident illegal action, while error action could be subdivided action into skills, decisionmaking and physiological perceptual action. In this paper, we specifically analyze five coal mine accident cases as examples, in order to conclude unsafe actions and unsafe states in every case. Specifically, unsafe acts are: bolt pretightening does not reach the designated position, sitting on the belt, no remote operating point column, maintenance without power cuts and operating under pressure. In addition, these unsafe acts lead to relative unsafe states, which are insufficient bolt pressure, point column instability, machine charging electricity and hydraulic pipe under pressure? Finally, these unsafe states become causations of accidents. Based on statistical analysis, we found out illegal actions of coal mine accident cases and specifically designed five safety signs, which are ‘bolt must be preloaded in place’, ‘be careful of the column’, ‘ban to sit on belts’, ‘forbidden pressing operation’ and ‘maintenance must be power outages’.

Hardware Trust and Assurance through Reverse Engineering: A Tutorial and Outlook from Image Analysis and Machine Learning Perspectives

In the context of hardware trust and assurance, reverse engineering has been often considered as an illegal action. Generally speaking, reverse engineering aims to retrieve information from a product, i.e., integrated circuits (ICs) and printed circuit boards (PCBs) in hardware security-related scenarios, in the hope of understanding the functionality of the device and determining its constituent components. Hence, it can raise serious issues concerning Intellectual Property (IP) infringement, the (in)effectiveness of security-related measures, and even new opportunities for injecting hardware Trojans. Ironically, reverse engineering can enable IP owners to verify and validate the design. Nevertheless, this cannot be achieved without overcoming numerous obstacles that limit successful outcomes of the reverse engineering process. This article surveys these challenges from two complementary perspectives: image processing and machine learning. These two fields of study form a firm basis for the enhancement of efficiency and accuracy of reverse engineering processes for both PCBs and ICs. In summary, therefore, this article presents a roadmap indicating clearly the actions to be taken to fulfill hardware trust and assurance objectives.

Normative models for criminalizing the crime of falsifying evidence in the legislation of different states

Crimes against justice established in the Criminal Code of the Republic of Moldova are the group of socially dangerous facts, which have negative consequences in court proceedings. One of these is the illegal action of falsifying the evidence, dislocated in two typical normative variants at art.310 of the Criminal Law of the Republic of Moldova. However, notwithstanding the fact that art.310 of the Criminal Code of the Republic of Moldova criminalizes the subject directly nominated in the normative manner, the latter is instituted succinctly and allows illegal actions in the category of false evidence to go unpunished. In this sense, we propose as a desideratum the realization of some comparative studies and the initiation of a rigorous proposal, in order to adjust the local normative framework in co-relation with the socially dangerous facts committed in the objective reality.

Clause of Unlawful Action that May Void Arbitration Rules

Arbitration is a way of resolving a civil dispute outside a public court based on an arbitration agreement made in writing by the disputing parties. The problem in this research is whether the Arbitration decision can be overturned by the District Court because it contains clauses of illegal acts?, and What are the forms of illegal acts that can be overturned by the District Court? The type of research used is descriptive normative legal research. From the results of the research, it can be concluded that: An Arbitration Award can be overturned by the District Court because it contains a clause on illegal acts, is a decision that has been tested and examined through a civil court hearing that it is proven based on the evidence submitted by the disputing parties that the arbitration award contains actions against the law. And a form of illegal action that can be annulled by the District Court is a decision that has permanent legal force stating that the arbitration award is proven to have been an illegal act committed by one of the parties.

SOCIAL AND CULTURAL BACKGROUNDS OF TERRORISM IN THE MODERN SOCIOCULTURAL SITUATION OF THE WORLD COMMUNITY

The article examines the socio-cultural preconditions of terrorism in the world history of the 20th century. The current situation in the Russian Federation indicates the need to create an effective organizational and legal mechanism for countering terrorism, which infringes on the rights, freedoms and legitimate interests of the population of the Russian Federation and its state sovereignty. The provisions have been stated that determine the importance of studying the phenomenon of terrorism in the context of the growth of globalization processes and active opposition to them on the part of opponents of globalization. The author emphasizes the idea that deepening of the modern spiritual crisis influences the replacement of traditional moral values with a pragmatic orientation towards personal material success, which greatly contributes to the development of international terrorism. Despite a fairly wide list of subjects empowered by the national legislation of the Russian Federation to fight terrorism, the current legal field has not developed a concept that defines terrorism not only as a form of illegal action, but as a socio-cultural problem. In many respects, this became one of the reasons for the lack of interaction and coordination between the executive authorities and management in terms of its organization and implementation of measures aimed at countering terrorist manifestations. The study concludes that victory in the fight against terrorism cannot be achieved solely by forceful methods and state institutions. Civil society must make its contribution to the fight against terrorism.

Prohibition

How do you decide which laws are just, and which to break? How do you know when a democratic government has passed a law you are comfortable breaking? In this work of philosophical short fiction, the narrator admits he is an addict. He takes a taxi to a vacant part of town, and walks the rest of the way to his source. He knocks and enters the restaurant. Only one other patron, a woman. He orders the illegal dish to serve his addiction, a steak. With a glass of red wine he savors the illegal action of eating animal flesh. Just then the place is busted by the police. The narrator hides, but can see the police interrogating the woman and the doorman. In an effort to get information, the younger policeman begins beating the woman and accidentally kills her. The police decide to cover their tracks by throwing the woman in the back alley and making the doorman promise to never tell anyone what he saw. After the police leave, the terrified narrator slips out the back.

Normative and Procedural Grounds for Legal Liability of a Judge

The article defines the basic principles of formation of normative and procedural grounds of legal responsibility of a judge. It has been found out that bringing a judge to a legal obligation by the regular basis indicates the necessity to enshrine the relevant list of offences in law. It has been determined that getting a judge to legal responsibility on regulatory grounds means committing an illegal action (from an objective point of view), primarily enshrined in the appropriate level of regulatory prohibitions. It has been established that the main essence of the factual basis for bringing a judge to legal responsibility is the action or inaction of a judge which indicates a prohibited legal norm, including offences. It has been found that the essence of the procedural and legal grounds for bringing a judge to legal liability primarily depends on the clarity of the decision of unique bodies that are competent in the field of imposing measures of legal liability on a judge. It has been proved that the procedural conditions for bringing judges to justice today are interrelated with the initiative of proceedings against them. It is determined that the basic principles of bringing judges to justice should be interpreted as objective signs of an act (action or inaction) committed by a judge on illegal grounds, which is the fundamental right that guarantees the victim of offence administration of fair justice is damaged. Researching the critical grounds for bringing a judge to various types of legal liability for committing an offence as prospective in further research in this direction has been suggested.