Athens Journal of Law
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Published By Athens Institute For Education And Research Atiner

2407-9685

2021 ◽  
Vol 8 (1) ◽  
pp. 31-48
Author(s):  
Pradeep Kumar Singh

In 21st Century, crimes committed by corporate bodies are creating more serious challenge for criminal justice system. Some vested interests which are controlling affairs of corporate bodies misuse the corporate body for commission of criminal acts to maximise profit. Corporate body is conferred with legal personality for regulation of its functions but it does not have physical body and mind of its own, thereby, problem arises for holding corporate body as criminal, and further, in imposition of criminal liability. Corporate criminal activities badly affect environment, health, safety and infra-structure development. Corporate entities are involved in corruption, forgery, money laundering, foreign exchange violations, money laundering, tax evasions, benami property transactions and other economic offences. Proper formulation of criminal justice actions and effective enforcement of corporate criminal liabilities are modern criminal justice requirements. Corporate bodies are business entities; economic wellbeing of society, prosperity of citizenry and development of nation depend on freedom of trade, amicable business environment and least regulation of corporate entities. Hereby, in determination and imposition of corporate criminal liability for betterment of society, it is necessary to make balance between to take stern actions to tackle corporate crimes and to take care to not hamper legitimate activities of corporate bodies. Law relating to corporate criminal liability in India will be analysed in this paper. Keywords: Criminal Justice System, Corporate crime, Corporate criminal liability, Natural person, Social wellbeing, Strict liability


2021 ◽  
Vol 8 (1) ◽  
pp. 49-64
Author(s):  
Maria Luisa Chiarella

Digital platforms are a very important economic reality, also in consideration of the epidemiological emergency which has increased online daily transactions. When we talk about digital markets, we refer to the transformation of the markets, induced by the exploitation and use of new technologies, in which digital contracts are an increasingly widespread phenomenon. This paper aims to give some hints about such issue and its legal framework. There are different elements to be considered: contract requirements, weaker party protection, sharing economy and some issue about the so-called “zero price economy”. In short, the paper summarises some profiles of legal relevance of such topical and wide subject. Keywords: Digital single market; Platform contracts; Sharing economy; Weaker party protection; Zero price economy.


2021 ◽  
Vol 8 (1) ◽  
pp. 83-106
Author(s):  
Anatoliy A. Lytvynenko

The concept of patient’s rights itself was fairly known before the last four or five decades, and medical malpractice of all kinds made the aggrieved party to seek redress at a court; but no special legislation, apart from rare exceptions, has ever existed to anchor the patient’s rights before the late 20th century. In the civil law tradition of the 20th century, especially its earlier decades, doctors could be held criminally or civilly liable for a wide variety of malpractice, including unauthorised medical intervention or divulgation of patient’s information, though such provisions did not develop actual rights, were quite general in their nature, and were individually assessed by the courts in each case. Within in the gradual change in the doctrines of medical law, the term “autonomy”, shaping the patient’s right to decide what medical interventions could or could not be performed upon his body, intervened into the existing legal scholarship, which was later augmented with various issues, such as access to medical records of the patient, refusal of blood transfusion, participation in medical experiments, deciding upon end-of-life situations or relating to various reproductive law considerations, not always permitted by national law. Many of these rights are much older than the concept of patient’s autonomy themselves, and have developed in the case law which itself has originated from lawsuits against doctors and hospitals for acts, being nearly obscure in the existing legal doctrine, such as unauthorised medical experiments. The given paper is aimed to discuss the academic development and overall gist of the patient’s right to autonomy, as well as some of its early interpretations in civil law doctrine. Keywords: patient’s rights, medical malpractice, theory of law, medical law, patient autonomy, civil law.


2021 ◽  
Vol 8 (1) ◽  
pp. 9-30
Author(s):  
Ivan Drogo Inglese ◽  
Roberta Caragnano

In this essay, which starts from the current scenario triggered by the COVID-19 pandemic and from the impact it has had on various sectors, the Authors lay the foundations for the study of a welfare of the heritage to accompany the cultural welfare through the creation of a model of integrated management of the same (heritage) both in aspects related to the enhancement and in those inherent in the process of cultural innovation, aiming attention at an international audience. A welfare that bets on the creation of “ecosystems” of welfare of the heritage able to connect to European clusters for a participatory management of the same, in the renewed scenario of economic recovery where the combination of culture and employment is central. All is analysed and contextualised in the welfare dimension/view. This essay, according to a definitive methodological approach in the opening paragraphs, reviews the value of culture and heritage in the European scenario - including a focus on the National Recovery and Resilience Plan - along with the themes of sustainable development and cultural indicators 2030, passing through the analysis of cultural activators and circular business models. In the second part, the effects of the pandemic on cultural employment are analysed, as well as scenarios of new professionalism in the job market in the sectors of heritage and culture, without neglecting the focus on the relationship between tourism and culture. According to a circular path, which is connected to the incipit of the essay that at the beginning refers to the Assembly of “Gli Stati Generali del Patrimonio Italiano” (The General States of the Italian Heritage), the Authors outline the perspectives de iure condendo also related to the workshop activities of the Assembly and to the need to iitiate among stakeholders (public and private) a continuous and participatory confrontation in order to promote, on the one hand, a new and sustainabe entrepreneurship of cultural heritage, and on the other hand, structural policies aimed at creating employment. Keywords: Cultural heritage; Welfare; Employment; Economic asset.


2021 ◽  
Vol 8 (1) ◽  
pp. 65-82
Author(s):  
Victoria Teles Valois De Amorim ◽  
Michely Vargas del Puppo Romanelo

This study will present the issue of Syrian refugees in Brazil, whose immigration event occurs because of the terrible conditions offered in their native country, which makes these individuals seek refuge in other countries, seeking, in addition to a better condition, a life that is worthy. It is understood that the concept of dignified life goes against what is advocated by the Brazilian Federal Constitution, as well as fundamental rights, and even more related to the dignity of the human person. Thus, this article will bring an analysis of the context of this event, which has been happening quite frequently, making Brazil one of the countries that most welcome immigrants in the world. However, one factor draws attention in the middle of this process, as the Covid-19 pandemic has been following the population for more than a year, which makes border controls more rigid. In addition, Brazil, with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Keywords: Refugees; Syria; Human rights; Dignity of human person; Warranties.


2021 ◽  
Vol 7 (4) ◽  
pp. 587-602
Author(s):  
Gaspare Jucan Sicignano

The “Mafia capitale” trial marked a significant point in the interpretation of the specific elements of mafia-style association valid in Italian law. This paper will examine the various stages of the trial proceedings, focusing in particular on the final ruling of the Court of Cassation. This study thus further develops the structure of the crime referred to by art. 416 bis Italian criminal code, discussing in order the externalization methods of the so-called “mafia method.” Keywords: Mafia; Rome; Italian law; Corruption.


2021 ◽  
Vol 7 (4) ◽  
pp. 617
Author(s):  
Aleksejs Jelisejevs

When unilaterally closing a customer’s account due to so-called de-risking, the customer’s interests are not only ignored by the bank but their human rights, including respect for his private life and presumption of innocence, are also severely violated De facto, de-risking stigmatizes discarded consumers as being involved in criminal activity without a court conviction. As a result of the unfair account closure, both the consumer's social and psychological integrity can suffer. Their rights to establish and develop relationships with other human beings and the outside world and respect for reputation are put in jeopardy. In order to overcome the above collision of interests, this study proposes a doctrinal assessment of consumer's interests that should limit the bank's right to unilaterally terminate the contract by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith. By analogy with the original source of the problem, this tool has been called the “Good Faith-Based Approach". Therefore, in view of states' affirmative obligations under the European Convention on Human Rights, this research shows that the consumers' conflicting interests should take priority in legal protection until the consumer's involvement in money laundering and terrorist financing is established and proven. A certain level of restrictions imposed on the consumers' fundamental rights could be considered justifiable to prevent money laundering as long as the business relationship with the bank continues. However, when rupturing contractual relations within the de-risking paradigm, only close adherence to the good faith principles can guarantee that the bank's rights are not applied by the bank formally and unreasonably, that is, against the sense, meaning, and goals established by the regulating authorities or contrary to the general idea of law. Keywords: Good faith, De-risking, Bank account closure, Unilateral termination of contract, Human rights


2021 ◽  
Vol 7 (4) ◽  
pp. 541-562
Author(s):  
Micael Fernandes Gomes dos Santos ◽  
Michely Vargas Delpupo Romanello

This research sees to discuss the position of the State regarding Freedom of Belief, under the legal perspective. In other words, as the Brazilian Constitution guarantees freedom and the free exercise of religion in its art. 5, item VI, the question is: May the Brazilian State interfere with the freedom of individual belief, or can it provide legal guarantees so that this freedom is ensured? By the deductive method and by the analysis of recent judgments of the Brazilian Federal Supreme Court in cases of extraordinary appeals, the limits of the State of action or inaction in relation to religious freedom will be upheld, concluding that the State must always ensure the sovereignty of secularity and neutrality in religious matters, observing freedom of belief. Keywords: Religious freedom; Brazilian State; Law


2021 ◽  
Vol 7 (4) ◽  
pp. 517-540
Author(s):  
Petros Fanta Choramo

This study mainly focused on industrial pollution in Debre Berhan town and observance of the legal frameworks concerning industrial pollution. The researcher gives more emphasis to identify the cause and effect of pollution in the town. It is also given due attention to various measures being taken by factories, pertinent government bodies, and the society based on relevant laws and observance of legal frameworks by them, in order to prevent pollution. This study used the primary and secondary source of data. The sampling technique which was selected for the study was purposive sampling. At the end, the research intended to address the extent of pollution and the overall challenges that are impediments which limit the achievement of creating a healthy environment that suits for the life of human being, fauna and flora. Accordingly, some of the final findings of the study are; the extent of pollution in Debre Berhan Town is increasing from time to time, while such pollution is mainly emanated from the fault of concerned government bodies, factories, societies. Keywords: Environment; Factories; Pollution; Pollutants; Legal Framework and Institutional Frameworks.


2021 ◽  
Vol 7 (4) ◽  
pp. 563-574
Author(s):  
Lavinia-Olivia Iancu

Considering that since 2009 draft normative acts have been submitted to the Romanian Parliament, for regulating the insolvency of the natural person, the adoption of the law into 2015 and the entry into force in 2018 represents an indisputable progress but also an entry into normality in the context that all EU member states already had legislation in this area. Three years after the entry into force of the insolvency of the natural law, we can say that the results anticipated by the legislator are far from the reality. The year 2020 characterised by the devastating effects of COVID 19, affected both individuals and legal entities. If the impossibility of overcoming difficult situations by legal entities leads to their deregistration, as far as natural persons are concerned, their disappearance due to the difficulties cannot be taken into account, they must continue their existence with overcoming the situation. Accessing the insolvency procedure of the natural persons is the solution that can be accessed by those in financial difficulty. Keywords: insolvency; natural person; COVID 19.


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