rss_2.0Law FeedSciendo RSS Feed for Lawhttps://www.sciendo.com/subject/LAhttps://www.sciendo.comLaw Feedhttps://www.sciendo.com/subjectImages/Law.jpg700700Identification and Evaluation of Human Factors Affecting the Operational Performance of Innovation Hubshttps://sciendo.com/article/10.37804/1691-6077-2023-14-1-15<abstract><title style='display:none'>Abstract</title>
<p>The research has been carried out to identify and evaluate the human factors affecting the operational performance of innovation hubs. The authors conduct a systematic review of relevant literatures and identify certain factors that found to affect the operating performance of Innovation hubs. Through a quantitative research methodology, such as a structured questionnaire, the authors gathered responses from HR experts in the form of an online survey. The survey responses were analyzed with the help of factor analysis, which helped the authors gather 2 components out of 14 survey variables. With the help of factor analysis, the authors developed a model for enhancing the operational performance of innovation hubs. The model can act as a template for further research in the field. Companies can utilize this model for enhancing the operational performances of their innovation hubs.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-1-152023-09-20T00:00:00.000+00:00Legal Act for Recognising the Interest of the Grouphttps://sciendo.com/article/10.37804/1691-6077-2023-14-112-122<abstract><title style='display:none'>Abstract</title>
<p>There is legal fragmentation in Member States practices of recognition the interests of the group and at the EU level is needed enabling law. This research paper will look at the recognition of the interest of the group at the EU level. It will question which legal act should recognise the interest of the group at the EU level. The methodology used will be that of legal doctrinal and comparative research, legal theory method and reform agenda research. The research paper will conclude that a legal act for recognising the interest of the group at the EU level should be a Regulation.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-112-1222023-09-20T00:00:00.000+00:00Parody as a Fair Use of Freedom of Speechhttps://sciendo.com/article/10.37804/1691-6077-2023-14-186-196<abstract><title style='display:none'>Abstract</title>
<p>The right to criticize or parody has always been a fundamental human right. In today’s world of technology and the Internet, parodies or caricatures of someone’s work are not uncommon. Technology has become so readily available that anyone can create a parody or caricature of another person’s work. The main task of the nowadays researchers is find balance between one person’s right to the inviolability of his property and the right of other persons to imitate it.</p>
<p>The aim of this article is to analyze the concept of parody and caricature, as well as the case law of different countries – exploring how case law assesses whether an imitated work can be defined as a parody, or whether it is an “unsuccessful” imitation. Where is the line where an author has created a parody or has already infringed the rights of another author?</p>
<p>The methodological basis of this article is based on general scientific approaches (analysis and synthesis, deduction and induction, comparison, analogy and a systemic and structural-functional approach). The article also draws on court decisions, legislation, legal literature, publications and doctrine. Conclusions are drawn using the method of scientific induction and deduction.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-186-1962023-09-20T00:00:00.000+00:00The Future Role of International Trade Risk Elimination and Investment Promotion in the Development of Economic Relations Between Azerbaijan and Latviahttps://sciendo.com/article/10.37804/1691-6077-2023-14-69-79<abstract><title style='display:none'>Abstract</title>
<p>After regaining its state independence, Azerbaijan got a favorable opportunity to enter the world market. The income from the country’s rich oil and gas resources served to rapidly increase the gross domestic product. Today, the government of Azerbaijan is preparing an action plan for the development of the non-oil sector in order to reduce the country’s dependence on oil and gas exports. In particular, there are some economic spheres that have a great need to be revived and have the main share in budget revenues. Although Azerbaijan has left behind most of its competitors in the viticulture and winemaking sector for many years, in the current conditions this sector relies on foreign investments for its development. Although tourism opportunities in Azerbaijan are very wide, the level of service in hotels and recreation centers is very low. Expensive prices in return for the level of service provided have a negative impact on the growth of Azerbaijan’s tourism revenues. Unfortunately, there are also serious problems in the development of the forestry and machine-building industries and wheat production in the country. Latvia has already specialized and has some experience in exporting in the listed economic sectors in Eastern Europe. The entry of Latvian investment into Azerbaijan will serve to strengthen economic relations between the two countries and maximize mutual income. In the research work, these issues will be considered and analyzed separately by economic spheres.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-69-792023-09-20T00:00:00.000+00:00Strengthening Sustainability in Entrepreneurship Education -Implications for Shifting Entrepreneurial Thinking Towards Sustainability at Universitieshttps://sciendo.com/article/10.37804/1691-6077-2023-14-37-48<abstract><title style='display:none'>Abstract</title>
<p>By developing innovative solutions to social and environmental problems, sustainable ventures carry great potential. Entrepreneurship which focuses especially on new venture creation can be developed through education and universities, in particular, are called upon to provide an impetus for social change. But social innovations are associated with certain hurdles, which are related to the multi-dimensionality, i.e. the tension between creating social, environmental and economic value and dealing with a multiplicity of stakeholders. The already complex field of entrepreneurship education has to face these challenges. This paper, therefore, aims to identify starting points for the integration of sustainability into entrepreneurship education. To pursue this goal experiences from three different project initiatives between the partner universities: Lapland University of Applied Sciences, FH Aachen University of Applied Sciences and Turiba University are reflected and findings are systematically condensed into recommendations for education on sustainable entrepreneurship.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-37-482023-09-20T00:00:00.000+00:00The Problems of In-House Procurement in Lithuanian Public Procurementhttps://sciendo.com/article/10.37804/1691-6077-2023-14-59-68<abstract><title style='display:none'>Abstract</title>
<p>Although the in-house procurement, as an exception to public procurement process, have existed in Lithuanian law for more than a decade and the European Union has expressed a clear positive position on the issue by legalize it in international level with Directive 2014/24/EU, but this legal institute still is not analysed enough in scientific level in order to evaluate its situation and problems in Lithuanian public procurement law. Especially, when in order to find the most optimal legislative regulation of the in-house procurement, the Lithuanian legislator has changed this legal institute many times and in many ways without its clear decision as to how the issue should be regulated in statutory regulation. Therefore, the object of the research is the legal institute of the in-house procurement in Lithuanian public procurement law and the aim of the research is to analyse the peculiarities and problems of this legal regulation and its application in legal practice. The article uses basic research methods such as document analysis, systematic analysis, comparative analysis, the deduction analysis and generalization methods. The analysis of this article shows main problems of this legal institute of Lithuanian public procurement law seen clearly in legal regulation and practice require as well as provide the certain solutions for necessary substantial adjustment of existing legal regulation on this question.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-59-682023-09-20T00:00:00.000+00:00The University Education Quality Improvement Model (Ueqimodel): A 21 Century Design for University Education Quality Improvement in Developing Countries.https://sciendo.com/article/10.37804/1691-6077-2023-14-144-154<abstract><title style='display:none'>Abstract</title>
<p>From every dimension of measurement, education is seen as a pivot on which other facets of national development rotate. It is considerably important to refer to the quality of university education as a paramount indicator for growth and development of nations, including the developing countries. University managers apply diverse strategies to improve the quality of University Education, however, the current state of university education in most developing countries is becoming a source of worry, as major stakeholders globally expect improvement of outcomes in line with the Sustainable Development Goals (SDG’s). This study therefore aims to introduce a standardized guiding principle in the form of an Educational Model that would aid in the reformation of the existing system. The model, named the University Education Quality Improvement Model (UEQIModel) is a modern-era scientifically designed innovation in the field of educational management. It basically identifies the loopholes associated with the existing university management practices as applicable to developing countries and tries to bridge the gap by incorporating necessary tools needed to augment the status quo. The principles of the model are sub-categorized into five steps, which include management practice, activities, expectations, evaluation, and outcome. The paper concludes that UEQIModel should be implemented holistically by universities in developing countries for the restoration of a fast-declining dignity and overall improvement of university education quality.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-144-1542023-09-20T00:00:00.000+00:00Structuring of Special Purpose Vehicle (SPV) Within the Scope of Public-Private Partnerships (PPPs) Under Latvian and Turkish Lawhttps://sciendo.com/article/10.37804/1691-6077-2023-14-16-30<abstract><title style='display:none'>Abstract</title>
<p>The establishment of a specific project company most commonly known as a Special Purpose/Project Vehicle (SPV) is a key feature of most Public private partnership (PPP) transactions in Turkey.</p>
<p>According to the competent authority, the SPV is considered to fall under the definition of a Securitisation Special Purpose Vehicle (SSPE) then it should not be considered a financial sector entity. In order to meet the increasing infrastructure needs of Turkey, it is generally accepted necessary to utilise alternative financing models to be provided with the participation of the private sector in addition to the use of public resources. In this framework, PPPs model, which has been widely used in realisation of infrastructure investments in developed and developing countries in recent years, is also applied in Turkey. SPV PPP risks, income and losses usually are shared in proportion to the shares of a public partner and a private partner that they have in a joint venture. However capital companies also bid for the tender opened by the contracting public authority according to the relevant laws. If the tender is awarded to a business partnership or a capital company according to the relevant law, the documents regarding the establishment of the special purpose vehicle shall be requested. Generally, the SPV structured as a joint stock company. SPV is a feasible and an effective option for the lenders and financiers, who take into account the cash flow of the project and security over its assets for the repayments of the debts.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-16-302023-09-20T00:00:00.000+00:00Challenges for Latvian Apartment Building Management Companies Regarding with Performance of their Services on the Way to Maintain Sustainable Housing Fundhttps://sciendo.com/article/10.37804/1691-6077-2023-14-49-58<abstract><title style='display:none'>Abstract</title>
<p>The legislation of the Republic of Latvia in the field of apartment building management are not enough effective both for apartment owners and apartment building management companies due to complicated decision-making procedure, which slows down the management process, and as consequences are clients‘ unsatisfaction with apartment management service.</p>
<p>Within this research authors studied theoretical aspects of service quality, studied apartment building management system in Latvia and compared it with Finland. Finland was chosen due it is located geographically close to Latvia, and Latvia is closer to the Scandinavian culture and lifestyle.</p>
<p>Authors made survey of apartment building owners and made interview with expert to find out the current problems of apartment building management services.</p>
<p>A monographic and descriptive method was used to analyze the theoretical aspects of service quality, secondary data analysis and expert interview were used to describe the situation of industry of apartment building management services, but quantitative research method such as survey of the clients of the apartment building owners, in connection with the comparative, analytical, deductive, logical approach method was used in this research.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-49-582023-09-20T00:00:00.000+00:00Institute of Euthanasia: Between a Person’s Right to Life and the Right to a Dignified Death: Problems and Challenges in the Implementation of Human Rights of Choice in Lithuaniahttps://sciendo.com/article/10.37804/1691-6077-2023-14-31-36<abstract><title style='display:none'>Abstract</title>
<p>The title of the scientific article is the problem of euthanasia as a possibility for the implementation of natural human rights in Lithuania and foreign countries. The purpose of this paper is to analyze the relationship between the individual’s right to life and the prohibition of torture in the implementation of euthanasia as one of the natural human rights in Lithuania and foreign countries. This work has theological and comparative methods. The theological method, which leads to the first part of the work, analyzing international and national legal acts regulating natural human rights. The comparative method compares the legal regulations and social differences between countries that have legalized and those that have not legalized euthanasia. The main conclusion of the article - the legalization of euthanasia is one of the possibilities to implement the prohibition of torture in the context of natural human rights. The practical significance of this scientific article is particularly important for states that have not legalized euthanasia, because the main conclusion of this article is proving the obligation of states to legalize euthanasia in order to provide suitable conditions for the realization of natural human rights. The originality of this scientific article is based on the fact that the compatibility of euthanasia in the context of human rights and freedoms and the equating of the illegalization of euthanasia to torture at the national and international level have not been analyzed in any scientific articles. The value of the article is proven by the fact that the authors used only the latest scientific editions of national and international legal acts and the latest and most comprehensive literature.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-31-362023-09-20T00:00:00.000+00:00The Feasibility of Achieving Objectives of the Euro 7 Standards in the Baltic Countrieshttps://sciendo.com/article/10.37804/1691-6077-2023-14-129-143<abstract><title style='display:none'>Abstract</title>
<p>Today, the concept of sustainability covers an increasing number of business areas. The transport sector is one of the largest contributors to air pollution in the world today but still plays a fundamental role in Europe’s economic growth. Finding the optimum balance between achieving sustainability objectives and boosting the performance of the transport sector is essential to avoid undermining Europe’s economic activity and growth prospects. One of the main tools for promoting environmental, social and economic sustainability is the EURO 7 standards, which have the most significant impact on the transport sector, and which aim to minimise carbon emissions by phasing out the production of combustion-engined cars by 2035, set stricter emission standards and introduce various emission control mechanisms. Each EU country has ambitious carbon minimisation goals. However, the current vehicle fleet structure analysis of the EU countries shows negative past and future trends in terms of sustainability factors. The goal of the study is to evaluate the feasibility of achieving the carbon minimisation objectives of the EURO 7 standards in the Baltic countries within the timeframe set.</p>
<p>In order to achieve this goal, the structure of the Baltic countries vehicle fleets was analysed in terms of sustainability parameters and the transport sector expert forecasts of achieving the carbon minimisation objectives of the EURO 7 standards in the Baltic countries were collected.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-129-1432023-09-20T00:00:00.000+00:00From to : Historical Interpretation of Good Faith Principle in Latvian Law to Protect Payment Service Consumers’ Rights from De-Bankinghttps://sciendo.com/article/10.37804/1691-6077-2023-14-96-111<abstract><title style='display:none'>Abstract</title>
<p>This paper focuses on a scientific analysis of the genesis and historical development of the good faith principle as a doctrinal interpretation of the Latvian regulations’ governing issues when closing a payment account against a consumer’s will. Starting from the origin of <italic>bona fides</italic> in archaic Roman law and its rediscovery by Justinian’s <italic>Corpus Juris Civilis</italic>, passing through its application in the western medieval <italic>ius commune</italic> and its continental renaissance in the early twentieth century, noting its limited place in the Code of Civil Laws of the Baltic Provinces and paying tribute to its triumph in Latvian Civil Law, this paper focuses on the evolution of attitudes towards this principle in modern legal science and case law. This comparative historical research shows that a clear definition of good faith could be found through a system-historical interpretation of the good faith rule. This should help identify the target essence of subjective rights and duties under each legal rule governing specific legal relationships. Therefore, when de-banking, in view of good faith, the target essence of a bank’s right to withdraw from an account contract is to save justice by respecting the justified consumer’s interest in retaining payment services.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-96-1112023-09-20T00:00:00.000+00:00Does the Dependence of Brand Voice on AI Restrict Freedom of Expression in Social Media?https://sciendo.com/article/10.37804/1691-6077-2023-14-155-165<abstract><title style='display:none'>Abstract</title>
<p>With the advent of social media and a unique brand voice, brand communications frequently employ artificial intelligence (AI) to facilitate timely interactions across the many channels of communication, and often integrate communications. This research seeks to investigate the influence of an AI-regulated brand voice on the freedom of expression (FOE) when communicating on social media.</p>
<p>A qualitative research design is implemented based on content analysis. The research gap was identified by reviewing the role of brand voice using AI, the application of AI to monitor freedom of expression, and the study of integrating FOE in brand voice generation using AI. Various case studies were used to conclude that AI-regulated brand voice has a substantial impact on the freedom of expression on social media, which is frequently governed by privacy rules. This study establishes that a brand’s communication in its social media portfolio is governed by national and international laws that regulate freedom of expression and thus have legal implications. This study suggests that AI must be fed information to prevent content such as hate speech, bullying, and so on, and produce a brand voice with checkpoints for human validation and verification to maintain general societal decorum.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-155-1652023-09-20T00:00:00.000+00:00Concept of Implementation of Artificial Intelligence for the Prevention of Conflict of Interest Situations in the Public Sectorhttps://sciendo.com/article/10.37804/1691-6077-2023-14-87-95<abstract><title style='display:none'>Abstract</title>
<p>The purpose of the article is to obtain, learn and analyse the international experience on the basic principles of artificial intelligence (AI) implementation in the public sector. In the article, the author examines the problems and offers proposals on the legal foundations that must be provided in the concept of introducing AI for the prevention of conflict of interest situations in the public sector. To achieve the goal, the author relies not only on the findings of other authors and the experience of other countries, but presents his own research. The author’s research is based on a survey of Latvian state and local government officials and employees. The author’s research was conducted but not fully completed at the time of submission of the article. However, in the article, the author has summarized the interim conclusions of the study and presents them. The author believes that the topic of the article and the research presented herein will allow a better understanding of the importance of AI technology, the need to regulate it, as well as ensure the safe implementation of AI in the public sector in the future with the aim of minimizing the risks of corruption and conflicts of interest.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-87-952023-09-20T00:00:00.000+00:00Article XX of the Gatt 1994 and WTO Members: Sufficient Freedom to Define And Pursue Environmental Policy Objectiveshttps://sciendo.com/article/10.37804/1691-6077-2023-14-80-86<abstract><title style='display:none'>Abstract</title>
<p>Providing free trade conditions to all WTO Members, the GATT 1994 includes general exceptions to Article XX, which allows members to adopt trade and legislative restrictions and measures to promote values and interests and the protection of the environment. Driven by the aim of protecting the environment, various countries have been adopting a considerable number of measures to protect the environment and all human, animal and plant life and health under their jurisdiction. However, such restrictions are likely to influence the free trade regime through a clash of interests and relationships between WTO Members, which are challenged through WTO dispute settlement mechanisms. Although the WTO provides exceptions under Article XX of its free trade conditions to protect the environment via the national environmental measures of WTO Members, the justifications for such measures are challenged in meeting the requirements of Article XX.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-80-862023-09-20T00:00:00.000+00:00Innovation Management Model for Small and Medium-Sized Enterprises (SMEs): Georgiahttps://sciendo.com/article/10.37804/1691-6077-2023-14-172-185<abstract><title style='display:none'>Abstract</title>
<p>The present article explores the internal and external factors that enable the implementation of innovative practices within Georgian SMEs and the successful management of innovation and growth. We posit that a well-functioning and effective innovation management model is a prerequisite for growth and sustainability. The research aims to propose a conceptual model of innovation management and assess whether the application of innovation practices impacts the company’s growth in the targeted sample. The interpretation of results is based on examining the phenomenon and synthesis of theoretical information and data obtained from the online questionnaire and focus group. The data reported here appear to support the assumption that innovation management and a good combination of human and financial resources shall be the basis upon which the growth is implemented. As there is still a scarcity of research on innovation management practices in SMEs in developing countries, notably in Georgia, the present study shall contribute to the business and innovation management literature and shall develop recommendations and suggestions for start-up managers, entrepreneurs, policymakers or other interested parties. Consequently, the present research shall attempt to combine theoretical and empirical substantiations and create practical implications.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-172-1852023-09-20T00:00:00.000+00:00Knowledge of Risk and Crisis Management for Managers of Companies and Organizationshttps://sciendo.com/article/10.37804/1691-6077-2023-14-166-171<abstract><title style='display:none'>Abstract</title>
<p>In today’s conditions of globalization and digitalization, in the conditions of rapid change, it is important to be flexible and adapt to new challenges. In order, for companies and organizations to be able to successfully manage crises, it is important that people who take leading positions in organizations and companies, have an understanding of risk and crisis management. Some of the current students will later take leading positions in various organizations and companies. Propose of the paper is to find out trends, how safe students feel in Europe, as well as how important they think understanding crisis management is, as well as whether they have studied subjects related to risk management and crisis management during their studies. The main finding is that insufficient attention has been paid to risk management and crisis management, subjects, people don’t realize the devastating effect of the crisis, as well as the fact that the crisis is not only a threat but also an opportunity.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-166-1712023-09-20T00:00:00.000+00:00Heating Facilities Temperature Control System in Turiba Universityhttps://sciendo.com/article/10.37804/1691-6077-2023-14-123-128<abstract><title style='display:none'>Abstract</title>
<p>The paper presents results on design and implementation the monitoring system to control temperature of heating facilities in Turiba university. Key point of the project was implementation the internet of things ideas into proposed system. A design and prototyping of hardware circuits, including used sensors and hardware control and communication boards based on Raspberry PI Pico platform, is described. Developed software solution for the control board, implemented with the use of MicroPython programming language, and user interface with the use of JavaScript programming language, are presented. Results of experimental verification of developed solutions confirmed correctness of all anticipated results. Developed platform could be used for further investigation on microclimate control systems for buildings.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.37804/1691-6077-2023-14-123-1282023-09-20T00:00:00.000+00:00Investigating Feminicide in Mexico. The Conversation Management Approach proposalhttps://sciendo.com/article/10.2478/ep-2023-0002<abstract><title style='display:none'>Abstract</title>
<p>In Latin America, the investigative interview is still in its beginnings. Currently, most public and private investigators use interview and interrogation techniques aimed at obtaining admission or confession, instead of applying Investigative Interview techniques focused on information gathering. This document provides an overview of the Conversation Management Approach. This is an investigative interview technique used to interview uncooperative criminal suspects, such as those accused of feminicide. An example of how to apply the technique in a case of feminicide is shown, to serve as a guide to good practices. This technique consists of three phases that must be considered when administering and applying the interview. In the first, the behavior before the interview is reviewed, in which the planning and preparation of the interview was carried out. The second phase is the interview to elicit information, which consists of a variety of questioning style techniques, explanation of procedures and instructions to follow, rapport building, and clarification of information. The third phase is called the post-interview phase, which consists of closing and evaluating the entire interview process. The objective of this work is to provide Latin American interviewers with information on the best practices in investigative interviews used in other countries, to raise their aware of the need for training in this area. The correct application of investigative interview techniques is essential to investigate crime, and training of interviewers in this type of technique is necessary to improve the results obtained through interviews.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/ep-2023-00022023-09-20T00:00:00.000+00:00The Numerical Scoring Analysis Predecessorshttps://sciendo.com/article/10.2478/ep-2023-0001<abstract><title style='display:none'>Abstract</title>
<p>In polygraph history, Cleve Backster’s “numerical scoring chart analysis” is considered as revolutionizing the manner of polygraph charts analysis. Yet, earlier history of chart analysis, as being reviewed in this publication, lead to the conclusion that the “numerical scoring chart analysis” was more evolutionary rather than revolutionary.</p>
</abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/ep-2023-00012023-09-20T00:00:00.000+00:00en-us-1