Suchergebnisse

Administration at present has played a very important role in the life of every individual. Administrative law is considered as one of the most emerging fields of law which is of recent origin. According to justice Qadri significant difference between a government which is being democratic and elected by the people and government of despots lies in the fact that in case of latter there is no restriction on the the power but in case of the former the nature of power is definite and are exercised by the regulation of law. Administrative law found its way during mid of 20th century as a separate legal discipline in India. Till 19th century the role of the states were limited and were mostly been consisted of maintainability of public order, disposition of armed forces along with the involvement of the government in Foreign Affairs. The present scenario is however different the states at present is much more focused in protecting the public interest and maintenance of law and order also it is quite commonly found that the state has to intervene the life of the citizens at a considerable degree. The action that are being carried out under the domain of Administrative law are called as administrative actions. These actions are nothing but legal action which is focused towards the modalities of public administrative body. administrative actions has the power to authority for taking certain action without disrupting the principal of natural justice. In Ram Jawaya Vs. State of Panjab¹ case supreme court stated that it is not very easy to give appropriate definition of administrative action. Generally administrative action included all types of those action which are not Judicial and legislative action. After excepting the Judicial and legislative work, all the rest action are called administrative action.

The article discusses the legal regulations related to antimonopoly compliance programs in the Republic of Armenia and the necessary actions to ensure their effective implementation.
The circumstances and factors that business entities should take into account when drafting antimonopoly programs were also discussed.
Through the implementation of warning and prevention procedures, it is possible to practically improve the compliance of business entities with the antimonopoly legislation, because the application of milder measures of administrative responsibility by the authorized body provides a unique opportunity to correct and prevent possible violations.
Acceptance of the antimonopoly compliance program does not imply its implementation, because a number of business entities can stipulate the acceptance of the act as a tool for reducing the fine imposed in the event of a possible violation of the antimonopoly legislation in the future, as a result of which it is necessary that the Commission for the Protection of Competition is not limited only to the presence of a compliance program at the business entity, but also through other appropriate mechanisms, find out whether the relevant business entity is guided and was previously guided by the compliance act adopted by it, or whether its existence is formal.
The article also singles out the conditions, the simultaneous presence of which will make it possible to ensure the effective implementation of the antimonopoly compliance program.

RONALD REAGAN DEFINED HIS FEDERALISM PROGRAM IN TERMS OF RETURNING POLITICAL POWER TO STATE AND LOCAL GOVERNMENTS. MOST OF HIS INITIATIVES WERE ADMINISTRATIVE, AND INCREASED TO A LIMITED EXTENT THE DISCRETIONARY AUTHORITY OF STATES. IN GENERAL, THE PRESIDENT FAVORED A SMALLER FEDERAL REGULATORY ROLE BUT NECESSARILY A LARGER STATE AND LOCAL GOVERNMENT ROLE. HE SIGNED TOTAL PREEMPTION BILLS GRANTING GREATER FREEDOM OF ACTION TO THE BANKING, COMMUNICATIONS, AND TRANSPORTATION INDUSTRIES, AND TAX SANCTION AND CROSSOVER SANCTION BILLS.

This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.

Small and medium enterprises (SMEs) survival is critical for economic sustainability due to the multifaceted role of the economy. Thus, halting SMEs operation hurts the aggregate economy. During the present pandemic, SMEs' sustainability in Bangladesh is under-challenged because of limited market demand, supply constraints, financial incapacity, and capital restrictions. However, with the concerted effort from firms and the government, SME's have been trying to reestablish from the unforeseen consequence by capitalizing on innovation, skills, and economic resources. The motivation of the study is to gauge the impact of innovative finance, technological adaptation, and the government's role on SMEs' sustainability during the COVID-19 pandemic in Bangladesh. As a study sample, 2000 SMEs were considered for data collection through a structured questionnaire from 10 December 2020, to 28 January 2021. A sample of 1895 SMEs was returned with their responses. However, after a careful data cleaning procedure, only a sample of 1395 (69.75%) responses was found suitable for study. The study applied structural equation modelling to explore causal effects and test the proposed hypothesis for the hypnotized model, i.e., more precisely, to explore the direct effects of technology adaptation and innovative finance and indirect effects through government support on SMEs. Study findings revealed that SMEs' sustainability positively accelerates by applying innovative finance and integration of technological adaptation. In contrast, the mediating role of government was also established with indirect assessment. Study findings suggest that policy formulation and implementation must be initiated, focusing on effective online financial services, settling business transactions, and integrating IT advancements in operation.

This paper analyses the powers and competences of the EU to standardise public sector accounting of the member states and to take other EU action in the field of public sector accounting. We argue that public sector accounting forms part of the administrative organisation of the member states that is not a core EU competence. EU initiatives such as the European Public Sector Accounting Standards project, which aim to increase transparency and comparability, therefore need to follow the rules set out for administrative matters in general. The study reveals on the one hand that EU actions are essentially limited to voluntary cooperation and influences of other policy areas. But on the other hand, it shows that they do not need to be limited to the initiatives currently driven by Eurostat. Points for practitioners The future of the European Public Sector Accounting Standards project is uncertain. However, it is very unlikely that it will take the shape of a top-down set of readymade EU accounting standards that will force public administrations to adjust their inner workings. Public sector accounting is not (yet) a (typical) European policy, but simply a national one that the EU can support. The EU initiative can be considered as an opportunity for collaboration and knowledge sharing on how to increase transparency of public sector accounting.

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions - as opposed to those of the common law - the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake's breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Since 2014, many scholars have drawn renewed attention to the subject concerning unilateral coercive measures adopted by States. Due to the annexation of Crimea and to the conflict broke out in the Eastern regions of Ukraine, the Russian Federation has been accused of committing serious breaches of international law. As a response to them, several States, such as the United States, Japan, Australia and the members of the European Union, have adopted so called economic sanctions against Russia, in particular, against Russian officials and enterprises. International practice, far from being limited just to this case, shows how the adoption of economic restrictive measures as a reaction to serious breaches of international law has turned to be a relevant phenomenon in recent years. The object of the present analysis is part of one of the most controversial field in international law: reaction of States against violation of international law and enforcement of international rules. Notably, the international Community is made up of sovereign, equal and independent States and, as a consequence, coercive measures may be implemented only through self-help measures. Such a decentralized reaction system need to be framed in a judicial architecture which seems necessary in order to avoid the primacy of power-based, instead of law-based, relations. Moreover, the complexity of the present subject has increased due to the emergence of the erga omnes obligations which are meant to protect fundamental values and basic principles of the international Community. All States have to comply with this kind of rules, thus entailing an overcoming in the classical bilateral structure of international relations. As a consequence, new questions have been raised by scholars concerning the possibility for States, not directly affected by the wrongful act, of reacting against violations of erga omnes obligations through the adoption of countermeasures. Violations of erga omnes obligations are deeply linked to the most serious breaches of international law which represent a threat to international peace and security and thus to the stability of international relations. This is the reason why it is possible to affirm that the central point this work aims at assessing concerns conditions of States' reaction "between words and war". In particular, the present research will be focused on the lawfulness of countermeasures adopted by States not directly affected by the wrongful act in case of violations of erga omnes obligations. Indeed, the solution proposed by the Draft Articles on State Responsibility for internationally wrongful act, adopted in 2001, is deemed to be a compromise not setting out any clear regime. In view of the above, the first part of the work will be focused on the analysis of preliminary concepts considered as fundamental for a comprehensive understanding of the matter, and on the theoretical debate developed by scholars. The second part will be devoted to the exhaustive study of international practice and opinio of States in order to assess the emergence of a new international rule allowing the adoption of countermeasures by all States to enforce erga omnes obligations. The third part will deal with the analysis of possible legal basis other than countermeasures which could justify unilateral coercive measures. The fourth and final part of the work will eventually discuss about the limits of countermeasures, steering the attention at proportionality and protection of economic, social and cultural human rights.

The article examines the features of administrative liability for violation of the organization and conduct of examinations in Ukraine. It is determined that the organization and conduct of the examination usually does not require the involvement of a wide range of persons. However, it should be noted that the concept of expertise is not always limited to forensic examination, which is usually appointed on the basis of a relevant court decision or other authorized body.It was found that the general procedure for organizing and conducting examinations is defined at the level of a significant number of regulations and bylaws. Such legislation establishes the requirements for experts, the stated conclusions of the examination, the rights and responsibilities of experts, as well as the responsibility for violating the procedure for conducting examinations. However, the current Code of Ukraine on Administrative Offenses does not contain any administrative law on administrative liability for violation of the procedure for conducting examinations in Ukraine. Therefore, there is a need for such a study.It is concluded that the priority actions to improve the institution of administrative liability for violation of the procedure for conducting and organizing examinations should be: first, the sphere of organization and conduct of non-judicial examinations needs legislative regulation; secondly, given that the current Code of Ukraine on Administrative Offenses does not contain any administrative law concerning liability for violation of the organization and conduct of examinations of both judicial and non-judicial, it is necessary to supplement the current Code of Administrative Offenses. 185-16, the following content, namely Violation of the order of organization and conduct of examinations, persons who are entrusted with the authority to organize and conduct examinations entails a fine of one hundred to two hundred non-taxable minimum incomes.Keywords: examination, forensic examination, non-judicial examination, administrative responsibility, expert ; У статті досліджуються особливості адміністративної відповідальності за правопорушення, пов'язані зі сферою експертної діяльності. Визначено, що організація та проведення експертизи, як базової категорії експертної діяльності, зазвичай не потребує залучення широкого кола осіб. Проте, варто зазначити, що не завжди поняття експертизи обмежується лише судовою експертизою, яка зазвичай призначається на підставі відповідного рішення суду чи іншого уповноваженого органу.З'ясовано, що експертна діяльність не визначена на рівні окремого законодавчого акта, а тому виникають труднощі при формуванні, в першу чергу, загальних категорій щодо розуміння сутності такого поняття. Загалом, нормативно-правовими актами визначаються: вимоги до експертів, викладених висновків експертизи, прав та обов'язків експертів, а також відповідальність за порушення порядку проведення експертиз. Тобто, стосуються переважно проведення судової експертизи, як однієї із складових експертної діяльності. Крім того, чинний Кодекс України про адміністративні правопорушення не містить жодної адміністративно-правової норми щодо адміністративної відповідальності за правопорушення, що можуть виникати у процесі здійснення експертної діяльності загалом та судових експертиз, зокрема.Зроблено висновки, що першочерговими діями спрямованими на удосконалення інституту адміністративної відповідальності за правопорушення, пов'язані зі сферою експертної діяльності в Україні, мають стати: по-перше потребує законодавчого визначення та нормативно-правового врегулювання сфера організації та проведення несудових експертиз; по-друге, зважаючи на те, що чинний Кодекс України про адміністративні правопорушення не містить жодної адміністративно-правової норми, яка стосується відповідальності за правопорушення, що пов'язані зі сферою експертної діяльності, зокрема здійснення судових та несудових експертиз, необхідно доповнити чинний КУпАП ст. 185-16, наступного змісту, а саме «Порушення уповноваженими особами порядку проведення експертиз, тягне за собою накладення штрафу від ста до двохсот неоподатковуваних мінімумів доходів громадян».Ключові слова: експертиза, судова експертиза, несудова експертиза, адміністративна відповідальність, експерт

The abuse or misuse of state land in the jurisdiction of the District Court of Menggala is in the Register 45 forest. So the government try again to control the people who inhabit the region, precisely in Suwai Umpu (Pekat). The implementation the criminal responsibility towards the state land abuse criminal (register 45) to the jurisdiction of the District Court of Menggala, besides giving criminal sanctions also requiring responsible person to pay compensation in accordance with the extent of the damage or the consequences thereof to the State, for rehabilitation, forest recovery, or other actions required. The factors to be obstacles in the criminal responsibility towards the state land abuse criminal (in register 45) to the jurisdiction of the District Court of Menggala are: the limited Forest Guard (police) in maintaining and overseeing the registers 45 forest, the limited number of Civil Servant in handling the violation of the abuse of the state land (register 45), and it is necessary to revise the Law of the Republic of Indonesia Number 41 Year 1999 on Forestry.

This Note examines possible constitutional protections for the individual interest in restricting a government agency's dissemination of legitimately compiled personal information to the purpose for which it was originally obtained. Part II of this Note defines the substantive interest that underlies the individual's desire to limit disclosure of information about himself by the government. Part III examines Congress' response to the growing public concern for individual control of personal information and concludes that legislative action has been and likely will continue to be inadequate protection for the individual's interest in limited disclosure. The next part discusses the possible textual sources in the Constitution that secure this interest. Part V examines the level of constitutional scrutiny properly required for the interference with the limited disclosure interest. This Note concludes that an individual who suffers injury should have standing to contend that the government had no legitimate interest in disclosing his personal information in violation of the original confidence, or that the disclosure did not bear a rational relationship to achievement of a valid governmental objective.

Purpose: This paper investigates how organisations are responding to mandatory modern slavery disclosure legislation. Experimentalist governance suggests that organisations faced with disclosure requirements such as those contained in the UK Modern Slavery Act 2015 will compete with one another, and in doing so improve compliance. We seek to understand whether this is the case. Methodology: Our study is set in the UK public sector. We conduct interviews with over 25% of UK universities that are within the scope of the UK Modern Slavery Act 2015 and examine their reporting and disclosure under that legislation. Findings: We find that, contrary to the logic of experimentalist governance, universities' disclosures as reflected in their modern slavery statements are persistently poor on detail, lack variation, and have led to little meaningful action to tackle modern slavery. We show that this is due to a herding effect that results in universities responding as a sector rather than independently; a built-in incapacity to effectively manage supply chains; and insufficient attention to the issue at the board level. We also identity important boundary conditions of experimentalist governance. Research limitations: The generalisability of our findings is restricted to the public sector. Practical implications: In contexts where disclosure under the UK Modern Slavery Act 2015 is not a core offering of the sector, and where competition is limited, there is little incentive to engage in a 'race to the top' in terms of disclosure. As such, pro-forma compliance prevails and the effectiveness of disclosure as a tool to drive change in supply chains to safeguard workers is relatively ineffective. Instead, organisations must develop better knowledge of their supply chains and executives a more critical eye for modern slavery to be combatted effectively. Accountants and their systems and skills can facilitate this development. Originality: This is the first investigation of the organisational processes and activities which underpin disclosures related to modern slavery disclosure legislation. This paper contributes to the accounting and disclosure modern slavery literature by investigating public sector organisations' processes, activities and responses to mandatory reporting legislation on modern slavery.

There is a common perception among South African taxpayers and tax professionals that the South African Revenue Service ("SARS") is "draconian" in its administrative actions and interactions with taxpayers and tax professionals, which infringes on taxpayers' constitutional right to just administrative action. This dissertation aims to make taxpayers and tax professionals more aware of their right to just administrative action which entitles taxpayers to administrative action and interactions with SARS that are lawful, reasonable and procedurally fair. Furthermore, this dissertation investigates how taxpayers and tax professionals may go about defending such administrative rights, should SARS infringe upon it without just cause. A comparison is made between the recourse available to South African taxpayers and tax professionals who experience tax administrative disputes against SARS, against the recourse provided in a selection of foreign jurisdictions. This comparison is performed with a view to determine possible areas of improvement to the recourse provided in South Africa, as it pertains to administrative disputes against SARS. Recommendations to introduce a Taxpayers Bill of Rights or revise and improve on the current SARS Service Charter, is considered in Chapter 5 of this dissertation. This dissertation shows that while the introduction of the Tax Ombud in South Africa certainly enriched taxpayers' constitutional right to just administrative action, the Tax Ombud's limited authority, mandate and the non-binding effect of its recommendations on SARS, limits the effectiveness of the role of the Tax Ombud in South Africa. Recommendations to further the Tax Ombud's authority and mandate are considered in Chapter 5 of this dissertation.

Studies have sought to explain variation in protection recognition rates between EU member states with, however, limited explanatory power. Surprisingly, few have contemplated the role of the administration, despite it being at the centre of the process through which asylum claims are examined. We posit that recognition rates are significantly affected by administrative capacity, although the administration's action may be mitigated by political factors. Our findings show that administrative effectiveness and experience in asylum matters yield higher recognition rates. We show that government preferences and the overall political context affect protection recognition, too. Importantly, we also find that the mechanisms at play are different if we consider the different forms of protection.