Search results for: rais aug 2023 in All Content

Some Considerations Regarding the Crime of False Statements

Some Considerations Regarding the Crime of False Statements

Author(s): Nicoleta-Elena Heghes / Language(s): English / Publication Year: 0

Keywords: false; false statements; public health; social danger; pandemic;

During the state of emergency, but also in the state of alert established due to the coronavirus pandemic, in Romania prosecutors have prepared special cases relating to the crime of thwarting the fight against disease, for false statements, abuse or negligence in office, disclosure of secret service or non-public information, for fraud, theft, failure to take legal measures for safety and health at work. This article is dedicated to one of the measures of criminal law that the Romanian state has proposed to adopt in the current context, namely the amendment and completion of Article 326 of the Romanian Criminal Code - False statements. The increase in punishment limits is justified, as the coronavirus pandemic has proved to be more severe than anticipated both for the life and health of the entire population and for the economy, generating numerous unprecedented restrictions. By committing this crime, the trust that must be inspired by the official documents drawn up on the basis of the statements made before the public authorities or institutions is infringed.

The Criminalisation and Investigation of the Crime of Misappropriation of Funds in Romanian Law

The Criminalisation and Investigation of the Crime of Misappropriation of Funds in Romanian Law

Author(s): Adrian Cristian Moise / Language(s): English / Publication Year: 0

Keywords: misappropriation; funds, forensic; criminal investigation;

The article presents and analyses the main issues related to the criminalization of the crime of misappropriation of funds in Romanian legislation. The offence of misappropriation of funds is stipulated by the Article 307 of the Romanian Criminal Code, while Article 18² of the Law no. 78/2000 for the prevention, detection and sanctioning of corruption provides the offence of misappropriation of funds, obtained from the general budget of the European Union or from the budgets administered by it or on its behalf. The crimes are incriminated both in the Romanian Criminal Code and in the Law no. 78/2000, in a standard variant, in an assimilated variant and in an aggravated variant. At the same time, the article presents and analyzes some aspects related to the forensic investigation of the crime of misappropriation of funds.

The Impact of Privatized Media on National Development and Programme Quality: A Nigerian Case Study

The Impact of Privatized Media on National Development and Programme Quality: A Nigerian Case Study

Author(s): Hadiza Wada / Language(s): English / Publication Year: 0

Keywords: Nigerian Media; Media and development; development communication;

This work studied the trends set so far by privately owned radio stations after almost thirty years of operation in Nigeria. The Nigerian professional media history goes back a long way, with the recording of the first modern style newspaper in 1859. Radio came in the early 1930s, and television in 1959. But it was not until August 24, 1992 with the proclamation of a military decree No. 38, more than a century later, that media professionals in Nigeria were able to officially register privately owned radio and television stations through the National Broadcasting Commission. It’s been almost thirty years of privatized media operations, but not much empirical studies have been conducted to measure the impact of privatized media on the industry, trends established so far, as well as impact on the nation’s economic, political and social development. A survey of employees of two private radio stations was conducted. Program quality in comparison to government owned media was rated very high by the respondents, while ownership influence in programming decisions was a major hindrance, so also financing problems. Data was analysed within the framework of developmental media theory. It was recommended that the government generate and commit to solid short, medium, and long term development plans for the media to complement with advocacy and programming content. And for the stations to find alternative ways of fundraising to allow them function more in line with their professional calling and expectations, while serving public interests.

Gender Violence in India and the Laws: An Analysis

Gender Violence in India and the Laws: An Analysis

Author(s): Anupama Goel / Language(s): English / Publication Year: 0

Keywords: Gender Violence; Legal; Juridical; Institutional; Remedies; Women;

Understanding the varying dimensions of violence against women and the impact of juridical and legal modes of reparation on their well-being is the main theme of the present paper. The primary objective of this paper is to study and analyse if the stereotypical legal remedies provided to Indian women have been able to yield the desired result of enhancing equality and harmony in society by mitigating violence against women or not. Are these conventional and typecast legal solutions enough to eliminate gender violence from Indian society? Is there any need to rephrase or overhaul Indian laws or remedies to satiate the need for peace and dignity to all women? Can there be some piecemeal or problem-based solutions to women issues, especially related to violence? Are available ready-made legal solutions capable of ensuring ‘justice’ to women to all kinds of their problems emanating from ‘violence’ inside and outside the house, when we all know that ‘violence’ affects and shatters anyone not only physically, but emotionally, psychologically and often, permanently. Laws and legal remedies evolve and shape with the passage of time, as a process, which can never be only juridical, but should be social and political also. ‘Gender violence’ is a transnational subject, and more importantly during present times of pandemic, stress and anxiety. There is an urgent need to create and innovate workable solutions with full active participation of women therein. A new zero violence society is the urgent need of the hour.

Some Considerations Regarding Search

Some Considerations Regarding Search

Author(s): Valentina Avramescu / Language(s): English / Publication Year: 0

Keywords: prosecution; home search; body search;

In this paper, aspects were analyzed regarding the tactical research activity of the home or on the body of a person, known as search. The purpose is to present, from a procedural point of view, how to carry out this activity, the importance of carrying it out, the types of search regulated by the Romanian Criminal Procedure Code, as well as aspects regarding the psychology of the search.

The Impact of Order in Preventing Innovation

The Impact of Order in Preventing Innovation

Author(s): Goranka Stanić / Language(s): English / Publication Year: 0

Keywords: clutter; creativity; innovation;creation; discovery;

In education, schools, homes, families, institutions throughout the country and the world, the individual must be neat, punctual, orderly, hardworking, and disciplined. In my work, I analyze the impact of clutter during creation. Throughout history, we have been convinced that chance often defines the entire future of humanity, and great discoveries have not always been associated with the amount of work and dedication invested. Children are prone to clutter, waste, and unrestrained play. Rules do not burden children, and their world is open to all. Children do not know what is possible and what is not and do not understand our stereotypes and regulations. Without rules and laws, society cannot function, but progress and progress into the future always take place when someone deviates from the pattern. All institutions strive for obedience and typification of ways of thinking, which often suffocates the inventive mind. A man who is not trapped by stereotypes finds inspiration and freedom of mind and creation in disorder. In a mess, anything is possible, as in the imagination. Before any discovery in any area of creativity, a “eureka” and a “click” must occur. Materializations thrive after idea and vision. The way to reach these solutions is often inexplicable and unexpected. It requires courage and departure from the rules and boundaries of time and society. People who run the world have the burden of fighting stereotypes. They are often unsupported, misunderstood, ridiculed, and marginalized. Their genius, their freedom is revealed either after death or by a combination of circumstances.

Features of Karl Barth’s Theology of the Word of God

Features of Karl Barth’s Theology of the Word of God

Author(s): Daniel G. Oprean / Language(s): English / Publication Year: 0

Keywords: Revelation; knowledge; faith, witness; proclamation;

The aim of this article is that of exploring the features of Karl Barth’s theology of the Word of God. Starting with the way Barth sees the forms of the Word of God and their indissoluble unity and continuing with way Barth sees the nature of the Word of God, the analysis will show the features of Barth’s thought about the Word of God as a witness to the revelation of God, as constitutive for the life of the Church and as paramount for the proclamation of the Church. Moreover, the analysis will reveal the way in which argues the fact that the Word of God is the medium in which the knowledge of God, is possible to the believer as an individual and for the Christian community as well.

Impact of Deadweight Effect on the Performance of Supported Firms

Impact of Deadweight Effect on the Performance of Supported Firms

Author(s): Simona Bratkova,Miroslav Šipikal,Valéria Némethová / Language(s): English / Publication Year: 0

Keywords: Entrepreneurship; structural funds; deadweight effect; firm support

Public support can flow to different areas of the economy and can have several dimensions. Frequent recipients of subsidies are firms, whose support can have specific effects. Such an undesirable effect occurs if these projects are supported that would be carried out without this subsidy. In this case, we are talking about the so-called deadweight effect, which has been discussed and investigated in several studies in the scientific literature. The present article tries to shift knowledge about this effect through a study of supported companies in Slovakia. The aim of the research is to find out whether deadweight effect had an impact on the short-term or long-term results of investigated companies by analysing economic results of the supported firms. Changes in several firm indicators were monitored as profit, sales and value added for individual years (2010, 2013, 2018). Results present changes in size categories of firms according to the number of employees. Firm groups were distinguished based on the extent of deadweight effect. The results showed that in cases when deadweight effect occurred, the profitability of supported firms increased, which ultimately means inessentiality of subsidy that spilled over into the profits of surveyed companies.

Control of the Administration of Insolvency Proceedings

Control of the Administration of Insolvency Proceedings

Author(s): Anca Roxana Bularca / Language(s): English / Publication Year: 0

Keywords: insolvency; principle; court; contro; judicial administrator

This material presents an analysis of the control exercised by the courts over insolvency practitioners for the conduct of insolvency proceedings. Depending on the legal systems and the choice of the legislator, the Member States of the European Union have chosen differently on the way of how the court intervenes in the conduct of insolvency proceedings. Thus, there are opinions according to which the insolvency procedure must be carried out entirely outside the court, but also opinions according to which the court must have a significant control within the insolvency procedure. The Romanian legislator combined the two opinions, totally opposite, establishing that the court, through judges specialized in insolvency, should have legal control over the conduct of insolvency proceedings, and only in cases expressly provided by law, to exercise control over opportunity.

Protection of Geographical Indications at E.U. Level

Protection of Geographical Indications at E.U. Level

Author(s): Mihai Dorel Vlad,Sara Vlad / Language(s): English / Publication Year: 0

Keywords: protection; geographical indication; Union law; copyright; legislation

Already at the beginning of this century there is the impression that the protection of the source indications against false or misleading use is insufficient. In addition, the need to protect and encourage local, traditional production methods was highlighted. In France, the first statute was adopted which provided for the protection of geographical indications by a special title of industrial property, namely the designations of origin. Only products that meet quality standards are protected by designation of origin. Initially, the designations of origin concerned only wines and alcohol, but later, the concept of the designation of origin was extended to include other products (such as dairy products, especially cheese and butter), agricultural and vegetable products. Due to the success of French designations of origin, the same or a similar system was introduced in other countries, mainly in the wine and alcohol sector.

Some Tactical Aspects of Computer Search

Some Tactical Aspects of Computer Search

Author(s): Nicoleta-Elena Heghes,Nelu Niță / Language(s): English / Publication Year: 0

Keywords: computer systems; cybercrime; computer search warrant; computer search;

Due to the process of globalization in general, and computer networks in particular, as a result of the continuous development of information and communication technology, in addition to the undeniable progress of society, new forms of crime specific to cybercrime have emerged and are spreading. It is also one of the greatest threats to humanity of all time. Computer search is an activity different from any other evidentiary procedure, requiring specific rules to take into account its nature. The computer search can be ordered during the criminal investigation by conclusion by the judge of rights and freedoms, and during the trial by the Court.

Evaluation of Student Satisfaction of Remote Learning: Exploring Moroccan Higher Education Performance in Morocco in Times of Crisis

Evaluation of Student Satisfaction of Remote Learning: Exploring Moroccan Higher Education Performance in Morocco in Times of Crisis

Author(s): Azzeddine Allioui,Hanane Allioui / Language(s): English / Publication Year: 0

Keywords: Remote learning; Student satisfaction; Higher education; COVID crisis

The quarantine related to the COVID-19 crisis outbreak educational institutions to reschedule their courses, exams, and trainings and to switch to remote learning methods. The rapid and wide spread of a global pandemic, such as the coronavirus, requires effective strategies for managing the crisis with less damage. In higher education, the massive adoption of emergency remote learning (ERL) is crucial solution, which has been contributing to minimizing the spread of the COVID-19 pandemic. However, different factors need to be taken into consideration to assess student satisfaction as well as the performance of higher education institutions. This study reports the results of an evaluation of student satisfaction and the performance of Moroccan institutions, while identifying factors that may affect the success of remote learning in higher education. As the coronavirus crisis spread around the world, almost all countries had to react. Thus, today, Morocco finds itself with 99% of all officially registered students in higher education affected. These students were part of the Moroccan experience, with a wide variety of modalities to ensure the continuity of their higher education. This paper explores the efficacy of remote learning and presents an investigation of the impact of COVID crisis on the higher education.

Bullying in Schools - A Core Issue to be Fomented by A Defective Legislative Context

Bullying in Schools - A Core Issue to be Fomented by A Defective Legislative Context

Author(s): Anca-Jeanina Niță / Language(s): English / Publication Year: 0

Keywords: bullying, Protection of Children and Youth; National Education Law

The Impact of Audit Committee Effectiveness on Corporate Performance – Evidence from Saudi Arabia

The Impact of Audit Committee Effectiveness on Corporate Performance – Evidence from Saudi Arabia

Author(s): Sultan Altass / Language(s): English / Publication Year: 0

Keywords: Corporate governance; Audit committee; Firm performance; Return on Equity; Earnings per share

The main aim of this study is to investigate the relationship between the effectiveness of audit committee (AC) of transportation firms listed on TASI and firm performance (FP) for the period 2010-2019. Employing Pooled OLS multiple regression analysis, the results indicate that the AC independence is negatively associated with FP. Therefore, the results contradict previous research which found that such relationship is significantly positive. Moreover, the results of two Pooled OLS regression analysis models reveal that frequent annual AC meetings do not have statistical association with FP. The findings of this study are relevant to investors and policy makers in Saudi Arabia regarding the reliability of AC in today’s competitive markets.

The Concept of Jurisprudence in Algerian Law

The Concept of Jurisprudence in Algerian Law

Author(s): Hind Belkhir / Language(s): English / Publication Year: 0

Keywords: jurisprudence; Algeria, nawazil; qadat; Muslim law

After its independence (1962), Algeria opted for a legal system of written law attached to the Roman-Germanic family. The young republic was to generate legal innovations of which the concept of jurisprudence was to be the witness. Our contribution attempts to evaluate the concept of jurisprudence through its legal thought of French law and as defined and conceived in the tradition of the Muslim legal doctrine that was present in Algeria before and during colonization. This will give us the underline the importance of nawazil, a kind of "ruling jurisprudence", where the massail (cases) and the motivation of the resolutions of these cases are recorded. These written collections of several great Maghrebian jurisconsults inspired the decisions of the qadi (judge) in order to render the most just, equitable and rational justice possible. The place of nawazil in the practice of qadat (judgment) that existed in Algeria before and during colonization will allow us to shed light on the place of jurisprudence in Algerian law – a very poorly documented issue, indeed. An overview of the historical evolution of the legal systems that coexisted for a long time during this period will prove to be very useful.

Humanness in the COVID-19 Era

Humanness in the COVID-19 Era

Author(s): Anastasia V. Golofast,Larisa Kiyashchenko,Julia M. Puaschunder / Language(s): English / Publication Year: 0

Keywords: Altruism; Archetype; Catharsis; Cave competences; Common welfare; Communication networks

The COVID-19 pandemic has led to worldwide lockdowns and social distancing measures. Speculations about prehistoric human development, when cave-man and cave-women survived and advanced in seclusion serve as an analogy for today’s lockdowns in order to derive inference about a potential future of humankind after the pandemic. Researchers at the University of Vienna study the group dynamics and socio-psychological impact of crises as a driver of human advancement. As these researchers outline, in the history of humankind, seclusion in caves held enormous potential for societal development, which may also apply today in regards to the COVID-19 pandemic. During periods when natural disasters made exterior living conditions dangerous, human hiding themselves in caves developed so-called “cave competencies.” These key advancements grew when people had to seclude themselves from society – e.g., during natural disasters, volcanic eruptions, but also during pandemics, such as the great plague of the 14th century. Starting out in analyzing the currently-ongoing work on cave competencies, this article then embarks on highlighting potentially constructive effects of the COVID-19 crisis, following M. Davis Cross’ crisis transition to a new Renaissance. The individual decision-making during crises is captured in its potential to extracting a particular common welfare enhancement in cooperative behavior. Altruism and reciprocity based on trust are outlined as important steps towards cooperation. An archetype of the renewed ethos is formed on the basis of a community of interest and is supported by the coordination of long-term cooperation and the particular interests of the participants in dialogue maintenance, as well as their fine attunement to empathic communication. Differing motivations, communication network frictions and free rider problems are discussed as potential obstacles of strengthening the social glue during a pandemic. Group psychology of collective coping strategies as well as the long-term coordination of intergenerational cooperation are outlined with particular attention to the digital world the pandemic has fortified.

The Role of Foreign-Aid-To-Health in Public Health Expenditure Impact on Economic Growth in Nigeria: An Interactive Term Approach

The Role of Foreign-Aid-To-Health in Public Health Expenditure Impact on Economic Growth in Nigeria: An Interactive Term Approach

Author(s): Wasiu O Abimbola / Language(s): English / Publication Year: 0

Keywords: Foreign-Aid-To-Health; Public Health Expenditure

Public health expenditure is one of the important subsets of government expenditure used by governments in affecting the standard of living of their citizens, with Nigeria not left out. This is because health is seen as a channel through which human capital base of an economy can be improved. However, as the world is now a global village, it suffices to say that an outbreak/existence of disease in a country is an imminent spread of such diseases somewhere else in the globe. A vivid instance of this is the ravaging Covid-19 that has become a global pandemic. On this notion of preventing the spread and eradicating diseases and sicknesses, governments of developed worlds play important roles in granting health aids to the developing nation. It is on record that Nigeria has received robust foreign health aids from developed nations such as US, UK, France and so on, which might have helped in not only adding to her public health spending but also assisting in stimulating economic growth. However, debate still rages on whether the role of foreign aid is positive and effective in achieving the intentions of the foreign donors in helping boost the recipients’ countries public health expenditure and economic growth or not. This research work therefore tries to mainly investigate the role of foreign health aid in public health expenditure-economic growth impact in Nigeria between 1980 and 2020 with the use of an interactive term and timeseries data sourced from OECD-DAC and CBN Statistical Bulletin. The time series data were analysed with the aid of the EVIEWS 10 package and the results presented. The result of the analysis reveals that foreign aid to health is individually statistically significant playing positive role in Nigeria’s economy but jointly statistically insignificant with public health expenditure.

The Analysis of the Adverse Effects of Medication - A New Approach in Cardiovascular Diseases

The Analysis of the Adverse Effects of Medication - A New Approach in Cardiovascular Diseases

Author(s): Georgeta Stoica-Marcu / Language(s): English / Publication Year: 0

Keywords: cardiovascular diseases; the adverse effects; coronary heart disease

By centralizing the data from the presentation leaflets of a number of 83 drugs specific to the treatment of cardiovascular diseases, a database with side effects and frequency of occurrence was ensured. Their association with a number of 20 medical conditions / disorders and summary of medical tests affected by these adverse effects could have led to questions about the characteristics of these active substances individually as well as those of the group / class of drugs to which it belongs. At the end, it was possible to graphically determine the adverse effect according to the package leaflet published by the manufacturer, individually or by the group / classes of medication and with the possibility of combining them in case of using several drugs. Knowing these medication-related side effects may lead to a new approach to preventing and improving the symptoms of the disease as well as the side effects of medication from cardiovascular disease.

The Notion of ”Publicity” in the Legal Field

The Notion of ”Publicity” in the Legal Field

Author(s): Marilena Marin / Language(s): English / Publication Year: 0

Keywords: advertising; real estate; right of communication

The connection between “law” and “advertising”/“publicity” opens the way to a series of approaches that only an interdisciplinary analysis can portray as completely and correctly as possible. In this paper, we will analyze the notion of ”publicity” with reference to the field of law, in particular, as well as some references to other fields where this notion is used. We will observe that the notions: “law”, ”social and legal order” and “social and legal norms” are present in different fields and analyzed in different visions. In each of these situations, the starting point is terminological benchmarks, as well as some aspects related to the origin and historical evolution of the analyzed notions. Although this work has, first of all, a legal approach, we intend to go a little beyond the boundaries characteristic of the field of law and to clearly delimit the notion of "immovable publicity/movable publicity" from the notions of “publicity" and “advertisement”. Between these notions we bring as a bridge "communication within the limits of the law" or “the right of publicity”. At the end, for an increased efficiency of the information presented, we propose a complete definition of the notion of “publicity”, which will include all the meanings analyzed in this paper.

The Concept of Regionalization of Bosnia and Herzegovina

Koncept regionalizacije Bosne i Hercegovine

Author(s): Muhamed Mujakić / Language(s): Bosnian / Publication Year: 0

Keywords: Region; Regionalism; Regionalization; Europe and Bosnia and Herzegovina;

The basic aim of this paper is to represent the theoretical postulates on regions, regionalism, regionalization in Europe. The research explains the most important terms and flows of regionalization in Europe. Research provides comparative review of two regional states in Europe – Spain and Italy and their regional planning. In the end, this paper offers the optimal solutions in regard with five multiethnic regions based on ‘NUTS’, multiethnic, demographic, historical, geographic, economic, traffic and other criteria, and not ethonational. Therefore, this paper offers the contribution to the science on international and constitutional law in Bosnia and Herzegovina, because it analyzes the current constitutional and territorial structure in Bosnia and Herzegovina, thus offers proposal for optimal constitutional and territorial structure de constitutione ferenda of Bosnia and Herzegovina as the state of multiethnic economic self-sustaining regions.