bluuebunny/crossref_metadata_2025 huggingface dataset:
DEBT RATIO, RETURN ON ASSET, FIRM SIZE AND EARNINGS MANAGEMENT: AGE MODERATION
Authors:   Universitas Negeri Malang, Soesetio Yuli , Subagyo Subagyo ,   Universitas Negeri Malang, Istanti Lulu Nurul ,   Universitas Negeri Malang, Zen Fadia ,   Universitas Negeri Malang
Published: June 2023

Earnings management still become a phenomenon both in Indonesia and abroad. Many cases of earnings management practices have occurred and the company's amount of leverage is one of the drivers of earnings management practices. This research aims to examine and describe the relationship between various debt policy, profitability, and company size on earning management moderated by firm age. The selected samples were 102 companies listed on the Indonesia Stock Exchange (IDX) in 2010-2018. The independent variables in this study include DER, bank debt, short-term debt and long-term debt, age, and company size. Earnings management as the dependent variable in this study uses the Modified Jones Model. The results of the regression equation analysis show that all debt policy proxies consistently have a negative and significant effect on earnings management. Furthermore, the company's experience as a proxy for firm age strengthens the relationship between debt policy and earnings management practices. More interestingly, specifically among the three debt policies, bank debt is the policy that is most able to represent the influence on earnings management practices. This indicates that the most effective monitoring of earnings management practices comes from banking institutions. Overall, the profit information shown in financial statements is the product of earnings management, so the level of quality of financial reports is deserving of close inspection and prudence when making decisions based simply on profit information.
THE EFFECT OF GREEN HUMAN RE-SOURCE MANAGEMENT (GHRM) PRAC-TICES ON THE COMPETITIVENESS OF HIGHER EDUCATION MEDIATED BY KNOWLEDGE MANAGEMENT
Authors:   University of Mercu Buana Jakarta-University of Darma Persada, Sukardi Sukardi , Djumarno Djumarno ,   University of Mercu Buana Jakarta, Herminingsih Anik ,   University of Mercu Buana Jakarta, Kasmir Kasmir ,   University of Mercu Buana Jakarta, Widayati C. Catur ,   University of Mercu Buana Jakarta, Zairil Zairil ,   University of Mercu Buana Jakarta
Published: June 2023

In the global era, creating competitiveness is one of the key aspects of survival. This study aims to explain competitiveness in knowledge management-mediated green human resource management practices in Jakarta's private universities. This research is critical because green practices on campus are becoming essential due to the need for sustainable development and climate change mitigation. Furthermore, educational institutions should educate global citizens about sustainable development and provide relevant information concerning environmentally friendly practices. In this research, a total sample of 356 lecturers from 10 private tertiary institutions in Jakarta with B accreditation and more than 5,000 students. Purposive sampling was used in the sampling method to collect data, which was then analyzed using SEM-PLS. According to the study results, green human resource management has a direct and positive effect on competitiveness, while green human resource management has a direct positive impact on knowledge management. It can also be stated that knowledge management measurements' findings on competitiveness have a positive effect. Further research demonstrates a positive secondary impact of green human resource management through knowledge management on competitiveness. The results of this study may have negative effects on the campus's reputation as a green educational facility.
THE EFFECTS OF USER-GENERATED REVIEWS VERSUS INFLUENCER-GENERATED REVIEWS ON CONSUMER PURCHASE INTENTION
Authors:   Department of Management, Faculty of Management and Business, Universitas Indonesia, Puspitasari Almira Vania , Aruan Daniel Tumpal H. ,   Department of Management, Faculty of Management and Business, Universitas Indonesia
Published: June 2023

As the use of mobile devices increases, social media and online reviews are increasingly important in the spread of WOM and play an important role in consumer decisions and the consumer journey. Companies can take advantage of online reviews in the form of User-Generated Reviews (UGR) and Influencer-Generated Reviews (IGR) to improve marketing strategies. This study aims to determine which online review is more effective between user-generated and influencer-generated reviews. The authors use experiments to examine how the type of online review (UGR vs IGR) influences consumers' perceptions of reviews and purchase intentions. This study predicts differences between the two online reviews influencing consumer purchase intentions. This research used an experimental design, and primary data collection was carried out with a web-based questionnaire. This study found that influencer-generated reviews were more effective in influencing purchase intentions. Interestingly, this is due to a process in which consumers assume IGR is more effortful to craft and subsequently equate this greater perceived effort with the credibility of the review and leading to more persuasive, in effect, purchase intention. Given the increasing use of mobile devices, social media, and the increasingly important online reviews (UGR and IGR) in the spread of WOM, this research contributes to understanding consumer decision-making processes and journeys when processing online reviews.
THE EFFECTS OF FOREIGN DIRECT INVESTMENT AND PROFITABILITY ON THE STOCK RETURNS
Authors:   Master of Management, Faculty of Economics and Business, University of Brawijaya, Indonesia, Metyopandi Vierkury , Salim Ubud ,   Faculty of Economics and Business, Universitas Brawijaya, Indonesia, Aisjah Siti ,   Faculty of Economics and Business, Universitas Brawijaya, Indonesia
Published: June 2023

This research aimed to identify how to examine and analyze the effects of foreign direct investment and profitability on the stock returns in manufacturing companies registered on IDX during 2016 – 2018. The total population was 91 companies registered and filtered into 32 registered companies according to the sample criteria and analyzed through Eviews 10 software. The research result referred that the foreign direct investment received by multinational companies could not yet affect stock return directly. Also, foreign direct investment was not able to influence the return on asset (ROA), but it was able to affect the return on equity (ROE). Further, ROA was not able to affect the increase of stock returns, while ROE was able to affect the rise of stock returns. Another research finding showed that ROE was the only one that could be a mediation variable in the relationship between foreign direct investment affecting stock returns. At the same time, ROA could not be a mediation variable. For the next studies, the researchers suggested exploring the other financial performance variables suited to foreign direct investment to affect the stock returns. In practice implication from this research, the investors must see how strong the capital owned by a company that accepts foreign direct investment and the relation, how the capital they receive can improve or maintain the company's financial performance within a certain period of time.
THE ROLE OF LOCUS OF CONTROL IN CONSUMER CREDIT DEBT BEHAVIOR DURING THE PANDEMIC COVID-19 BY USING RELIGIOSITY AS A MODERATING VARIABLE
Authors:   Faculty of Economics and Management, Tribhuwana Tunggadewi University, Indonesia, Nurhidayat Moch , Kusuma Hadri ,   Faculty of Business and Economics, Indonesian Islamic University, Indonesia, Hanafi Syafiq Mahmadah ,   Faculty of Islamic Economics and Business, Sunan Kalijaga State Islamic University, Indonesia
Published: June 2023

This study aims to empirically analyze the influence of locus of control variables on debtor behavior. In addition, this study also includes religiosity as a moderating variable to influence locus of control on the debtor behavior of consumption credit debtors during the Covid-19 pandemic. This research is quantitative, namely by conducting direct research on 155 respondent, objects to be analyzed using the statistical tool STATA version 14. The source of data in this study is primary data, namely, through surveys of respondents to obtain information in the form of respondents' opinions about debt management behavior during the pandemic Covid-19, the object of this research is Muslim respondents who have debt financial institutions, both Islamic/conventional and non-banking banks. The results showed that locus of control moderated by religiosity had a negative and significant effect on debt behavior so that the higher the locus of control moderated by religiosity, the lower the intensity of debt during the Covid-19 pandemic, religiosity had a positive and significant effect on debt repayment behavior where individuals who experience an increase in the locus of control moderated by religiosity will increasingly understand and carry out religious orders, namely to immediately pay off debts so that they do not become a burden in their lives. These findings indicate that the concept of locus of control can be used as an individual psychological factor to determine attitudes in making decisions on debt behavior, where individuals who have an increased locus of control are moderated by high religiosity, and these individuals have good self-control in managing debt.
TRUST, SATISFACTION, AND LOYALTY OF ISLAMIC BANK CUSTOMERS: ROLE OF RELIGIOSITY
Authors:   Institut Bisnis dan Teknologi Pelita Indonesia, Indonesia, Wijaya Evelyn , Junaedi Achmad Tavip ,   Institut Bisnis dan Teknologi Pelita Indonesia, Indonesia, Fransisca Luciana ,   Institut Bisnis dan Teknologi Pelita Indonesia, Indonesia, Chandra Stefani ,   Institut Bisnis dan Teknologi Pelita Indonesia, Indonesia, Suyono Suyono ,   Institut Bisnis dan Teknologi Pelita Indonesia, Indonesia
Published: June 2023

As one of the largest Muslim countries in the world, Indonesia has an important role in building a Sharia economy. The initial effort that can be made is to strengthen Sharia-based financial services. Currently, several Sharia-based banks are operating in Indonesia. However, the presence of Islamic banking has not been optimal in attracting customers to conduct financial transactions through Islamic banks. One of which is not optimal banking in applying the principle of religiosity in financial transactions. This research aimed to analyze the effect of religiosity on the trust, satisfaction, and loyalty of Islamic bank customers. The research population was all customers of Islamic banks in Pekanbaru City. An accidental sampling technique was used to get the sample of 220 respondents. Data analysis was done using path analysis with the help of the AMOS SEM program. The study's results stated that religiosity has a significant effect on customer trust and loyalty but is not significant on customer satisfaction. Customer trust has a significant effect on customer satisfaction. Customer satisfaction has no significant effect on customer loyalty. Therefore, Islamic banking must introduce and offer Sharia-based financial products to build loyal customers banks. Banks should continue to uphold Islamic teachings in every development of banking products and services to increase the trust, satisfaction, and loyalty of Islamic bank customers. In addition, banks need to retain customers who are already loyal to banks, considering that banking loyalty cannot be formed in a short timeThis research indicates that customer trust and loyalty can be formed if Islamic banks appropriately apply the principles of religious teaching in accordance with Islamic Sharia.
UNDERSTANDING FEMALE SEGMENTS BASED ON BENEFIT OF LOYALTY PROGRAM
Authors:   Faculty of Economic and Business, Universitas Hayam Wuruk Perbanas, Indonesia, Sutarso Yudi , Sekarsari Larasati Ayu ,   Faculty of Economic and Business, Universitas Hayam Wuruk Perbanas, Indonesia, Ilfitiah Aniek Maschudah ,   Faculty of Economic and Business, Universitas Hayam Wuruk Perbanas, Indonesia, Martha Laila Saleh ,   Faculty of Economic and Business, Universitas Hayam Wuruk Perbanas, Indonesia
Published: June 2023

Loyalty programs in banking need to look at the dynamics of female consumers, especially when digital businesses dominate marketing transactions. In the literature, segmentation studies are mostly carried out on retail services, airlines, and hotels, which are rare in banking, especially related to loyalty program services. Therefore, this study is expected to close the gap without a segmentation study in a banking context. This study aims to identify the female customer segment by assessing the bank's loyalty program and relating it to its perceived convenience, security, and reliability. The study employed the two most prominent banks in Indonesia, with 208 female customers as respondents. The purposive sampling method was used as a method of selecting samples. Data were reduced using factor analysis and categorized using cluster analysis. The main result identifies four factors underlying the benefits of loyalty programs: quality of communication, policy, rewards, and website quality. Three segments of loyalty program female consumers were identified: apathetic (25%), active (31%), and passive segments (44%). In further analysis, three segments of females were analyzed regarding the bank saving account's convenience, reliability, and security. Results confirm that all three segments were unique and distinguished one from another. This study's implication guides managing the types of female customers at the bank, especially loyalty programs.
A Comparative Analysis of the Vestibulocochlear Function in Patients with Isolated Semicircular Canal Hypofunction Using a Video Head Impulse Test
Authors: Park Yu Jung , Lee Min Young , Choi Ji Eun , Jung Jae Yun , Bahng Jung Hwa
Published: June 2023

Objectives: The objective of this study was to analyze vestibulocochlear function results in patients identified with isolated semicircular canal (SCC) hypofunction using the video head impulse test (vHIT).Methods: A retrospective review was conducted on the clinical records of 123 patients diagnosed with isolated SCC hypofunction based on vHIT results. Among these patients, 72 had isolated posterior SCC (PSCC) hypofunction, 25 had isolated lateral SCC (LSCC) hypofunction, and 26 had isolated anterior SCC (ASCC) hypofunction. Descriptive analyses were performed on various vestibulocochlear tests including pure tone audiometry, sinusoidal harmonic acceleration (SHA), spontaneous nystagmus (SN), head-shaking nystagmus (HSN), caloric testing, and cervical vestibular evoked myogenic potential, with results analyzed separately for each SCC hypofunction group.Results: The study found that 66.0% of the evaluated patients exhibited abnormal results in at least one vestibulocochlear function test. PSCC hypofunction patients showed a significantly higher incidence of hearing loss compared to ASCC and LSCC hypofunction patients. LSCC hypofunction patients exhibited higher rates of corrective saccade, phase asymmetry of SHA, and SN abnormalities compared to other SCC hypofunction patients. Additionally, the rates of corrective saccade and phase asymmetry of SHA were also higher in LSCC hypofunction patients. ASCC hypofunction patients demonstrated significantly higher rates of normal corrective saccade, phase lead of SHA, and SN.Conclusions: The analysis of this study suggests that even in cases where vHIT indicates isolated SCC hypofunction, additional vestibulocochlear function tests should be conducted to identify any associated vestibulocochlear dysfunctions. This highlights the importance of comprehensive evaluation to accurately diagnose and manage patients with SCC hypofunction.
Roundtable: Affordances, Diversity, and Inclusion on Dating Apps - A Dialogue between Sociologists and Media Studies Researchers about ‘Hinge’
Authors: Rahbari Ladan , Kavka Misha , Paisley Erinne , Zimman Louis , Mercier Faye , Boross Balázs
Published: June 2023

This roundtable paper is part of the project ‘Digitized Love and Intimacy on Hinge.’ It aims to investigate how digital dating apps reconfigure cultural attitudes to love and intimacy and, conversely, how said attitudes influence digital dating practices. The conversation is informed by (n)ethnographic usage of the app. As algorithms and affordances of dating applications can implicitly or explicitly privilege certain groups of users and exclude others, this conversation mainly aims to make sense of how Hinge’s interface – or ‘affordances’– facilitates the dating process and how inclusive and diverse the application’s affordances are. We discuss that there is a contradiction between what Hinge portrays itself to be and what it practically ends up being, partly because of its affordances. This roundtable highlights the need to study affordances as relational technologies and to take the perceptions, ideas, and interpretations of users seriously alongside the actual features and designs offered by applications.
Evaluation of a Web-Based Self-Help Intervention for Patients With Generalized Anxiety Disorder: Protocol for a Randomized Controlled Trial
Authors: Rubel Julian , Quest Jannis , Pruessner Luise , Timm Christina , Hartmann Steffen , Barnow Sven , Rittmeyer Lisa , Rosenbaum David , Lalk Christopher
Published: June 2023

Background

Generalized anxiety disorder (GAD) is a highly prevalent and severely distressing condition that can lead to functional impairments and is considered one of the most difficult anxiety disorders to treat. Following new technological developments, a highly structured cognitive behavioral therapy (CBT) approach that has already shown success in face-to-face psychotherapy can be implemented: internet-delivered CBT (iCBT). There is now evidence for the efficacy of both guided and unguided iCBT interventions for GAD regarding symptom reduction.

Objective

To establish the usefulness of such interventions, we plan to evaluate the efficacy of a web-based self-help program (Selfapy) for GAD in a relatively large sample. We aim to assess effects beyond symptom reduction, including effects on well-being, functioning, and mental health literacy, as well as the effect on health care burden, while testing the intervention in conditions comparable to routine care.

Methods

Patients (n=156) who have been diagnosed with GAD, are aged between 18 and 65 years, have internet access, and have sufficient German language skills will be recruited for this study. The intervention group (n=78) will receive access to the 12-week self-help web-based program Selfapy. The waitlist control group (n=78) will receive no intervention in the context of the study. However, both groups will be allowed to access further health care services (eg, psychotherapy, medication), reflecting current routine care in Germany. Outcome measures will be assessed at baseline (T1) and 6 weeks (T2) and 12 weeks (T3) after the start of the intervention. The primary outcome will be generalized anxiety symptoms and quality of life at T3. Additional outcomes include depression, work capacity, therapy-related expenses and burdens, health literacy, and negative effects.

Results

By May 2023, all participants had finished the trial and the report was being prepared for publication.

Conclusions

Web-based interventions may be an important addition to the German health care system to reduce barriers to treatment access. Further, they may prove cost-effective for the treatment of GAD.

Trial Registration

Deutsches Register Klinischer Studien DRKS00023799; https://tinyurl.com/22bds38x

International Registered Report Identifier (IRRID)

DERR1-10.2196/41440
Association Between Daily Internet Use and Incidence of Chronic Diseases Among Older Adults: Prospective Cohort Study
Authors: Li Peiyi , Zhang Chenyang , Gao Shuanliang , Zhang Yanbo , Liang Xiaolong , Wang Chengdi , Zhu Tao , Li Weimin
Published: June 2023

Background

Chronic disease incidence among the elderly is increasing, which is correlated with the acceleration of population aging. Evolving internet technologies may help prevent and provide interventions for chronic diseases in an accelerating aging process. However, the impact of daily internet use on the incidence of chronic diseases is not well understood.

Objective

This study aims to investigate whether daily internet use by middle-aged and older adults may inhibit or promote the occurrence of chronic diseases.

Methods

We included participants from the China Health and Retirement Longitudinal Study (CHARLS), a longitudinal survey of Chinese residents aged ≥45 years. We assessed 8-year data from wave 1 (June 2011-March 2012) to wave 4 (July-September 2018) in CHARLS. Data from wave 4 were used for a cross-sectional study, and data from all 4 waves were used for a longitudinal study. Self-reported data were used to track variables, including internet use, use frequency, and the incidence of different chronic diseases. Cox proportional hazards modeling was applied in the longitudinal study to examine the relationship between daily internet use and chronic diseases among middle-aged and older adults, while adjusting for sociodemographic characteristics and health behaviors. In addition, longitudinal data were used to analyze internet usage trends, and cross-sectional data were used to analyze the factors influencing internet use.

Results

Among the 20,113 participants included in the longitudinal analyses, internet use increased significantly, from 2% to 12.3%, between 2011 and 2018. The adjusted model found statistically significant relationships between daily internet use and a lower incidence of the following chronic diseases: hypertension (hazard ratio [HR] 0.78, 95% CI 0.65-0.95, P=.01), chronic lung disease (HR 0.74, 95% CI 0.57-0.97, P=.03), stroke (HR 0.69, 95% CI 0.50-0.94, P=.02), digestive disease (HR 0.73, 95% CI 0.58-0.91, P=.005), memory-related disorders (HR 0.58, 95% CI 0.37-0.91, P=.02), arthritis or rheumatism (HR 0.60, 95% CI 0.48-0.76, P<.001), asthma (HR 0.52, 95% CI 0.33-0.84, P=.007), depression (HR 0.80, 95% CI 0.71-0.89, P<.001), and vision impairment (HR 0.83, 95% CI 0.74-0.93, P=.004). Moreover, our study also showed that with increasing frequency of internet use, the risk of some chronic diseases decreases.

Conclusions

This study found that middle-aged and older adults who use the internet have a reduced risk of developing chronic diseases versus those who do not use the internet. The increasing prevalence of daily internet use among middle-aged and older adults may stimulate contemplation of the potential role of internet platforms in future research on chronic disease prevention.
Bioenergy in Clinical Technologies (Preprint)
Authors: Pachankis Yang
Published: June 2023

UNSTRUCTURED

The commentary proposes the concept of bioenergy utilization in clinical technologies. It defines the bioenergy-signal utilization for energy efficacy in biomedical applications.
Single vs. Divided-Dose Prednisolone for the First Episode of Nephrotic Syndrome in Children
Authors: Khan Tania , Akhtar Shakil , Mukherjee Devdeep , Basu Surupa , Tse Yincent , Sinha Rajiv
Published: June 2023

Background

Early morning single-dose prednisolone has a hypothetical advantage of less hypothalamic-pituitary-adrenal (HPA) axis suppression, but lack of robust evidence has resulted in variation in practice, with divided-dose prednisolone still commonly used. We conducted this open-label randomized control trial to compare HPA axis suppression between single-dose or divided-dose prednisolone among children with first episode of nephrotic syndrome.

Methods

Sixty children with first episode of nephrotic syndrome were randomized (1:1) to receive prednisolone (2 mg/kg per day), either as single or two divided doses for 6 weeks, followed by single alternative daily dose of 1.5 mg/kg for 6 weeks. The Short Synacthen Test was conducted at 6 weeks, with HPA suppression defined as postadrenocorticotropic hormone cortisol <18 µmg/dl.

Results

Four children (single=1 and divided dose=3) did not attend the Short Synacthen Test and were hence excluded from analysis. Remission was induced in all, and no relapse postremission was noted during the 6+6 weeks of steroid therapy. After 6 weeks of daily steroids, HPA suppression was greater in divided (100%) versus single dose (83%) (P = 0.02). Time to remission and final relapse rates were similar, but for those children who relapsed within 6 months of follow-up period, time to first relapse was shorter for divided dose (median 28 versus 131 days) P = 0.002.

Conclusions

Among children with first episode of nephrotic syndrome, single-dose and/or divided-dose prednisolone were equally effective in inducing remission with similar relapse rates, but single dose had less HPA suppression and longer time to first relapse.

Clinical Trial registry name and registration number:

CTRI/2021/11/037940
POTENTIALS OF GRAPE POMACE FOR COMPOST PRODUCTION ON THE TERRITORY OF THE THREE MORAVA REGION: A CASE STUDY
Authors: Ivanović Milica , Stefanović Gordana , Savić Dragiša
Published: June 2023

Stems, skins, seeds, and pulp are grape pomace (GP) components formed as by-products during wine production. The GP share represents about 25% of the total amount of processed grapes, which is a significant amount of organic waste (OW) that can be treated in the composting process. The purpose of the paper is to consider the possibility of their use by presenting the basic characteristics and potentials of GP and other available fractions of OW of agricultural origin. First, based on the representation of vineyards by regions on the territory of the Republic of Serbia and locally available substrates, and using a previously developed mathematical model, the quantities of observed fractions and composts were calculated. After applying the mathematical model to the cities belonging to the Three Morava Region, it was discovered that the optimal mixture contains 40% of GP when the co-substrates are wheat straw (WS) and swine manure (SM). Next, using the mean values of the percentage of co-substrates and GP, the model was applied to the territory of the Republic of Serbia. The results showed sufficient quantities of all substrates and the model criteria were satisfied.
PAST, PRESENT AND FUTURE FOR ENCLOSURE FIRE FIELD MODEL
Authors: Malkočević Damir
Published: June 2023

Computational fluid dynamics (CFD) analysis became a popular solution as the complexity grew in applying the laws of physics directly to real fire scenarios in order to make analytical predictions. This fact became especially prevalent for fluid dynamics and heat transfer engineering problems for enclosure fire. The fire field model consists of the CFD code and the fire model. The CFD code is the core and provides the fire model with transport mechanisms for energy, momentum, mass. The fire model is a detailed specification of the fire description. The use of the fire field model in the enclosure strengthened our understanding of the actual fire scene, allowing us to fully characterize the time-dependent changes. The paper delivers a comprehensive review of the history, development, current state of field models and future predictions in enclosure fire field modeling.
Decision Tree Learning Based Feature Selection and Evaluation for Image Classification
Authors: Kutikuppala Saikiran
Published: June 2023

Abstract: The problem statement focuses on feature evaluation and selection for image classification using decision tree learning. The objective is to identify the most significant features in an image dataset and train a decision tree classifier using these selected features. The accuracy of an image classifier heavily relies on the quality and relevance of the features used to represent the images. Hence, it is crucial to identify the most important features and eliminate the irrelevant ones to enhance the classifier's accuracy. To implement this approach, we can utilize scikit-learn, a popular machine learning library in Python. The solution must involve training a decision tree classifier on the dataset and extracting feature importances, selecting the top features using modules from sklearn like “SelectFromModel”, and also performing hyperparameter tuning using “GridSearchCV” and training a new decision tree classifier on the selected features with the best hyperparameters. Decision trees are a popular machine learning algorithm that uses a tree-like model of decisions and their possible consequences. By training a decision tree classifier on an image dataset and extracting feature importances, it is possible to identify the most important features and select them for use in a new decision tree classifier that can improve classification accuracy. It is important to note that decision tree learning is a versatile machine learning algorithm that can handle both binary and multiclass classification problems. Additionally, it is advantageous for feature evaluation and selection in image classification tasks. By identifying the most relevant features, this approach can enhance the accuracy of the classifier and reduce computational complexity, making it suitable for large datasets. By following this outlined approach, you can create a project that addresses feature evaluation, selection, and classification accuracy improvement using decision tree learning in the context of image classification
Ieskats Krimināllikuma Vispārīgās daļas attīstības procesā
Authors:   Latvijas Universitāte, Krastiņš Uldis
Published: June 2023

The article provides an analysis of several amendments to Chapter II “Criminal Offences” of the General Part of the Criminal Law, which were introduced since its entry into force on 1 April 1999. The article shows the necessity, the process of formation, as well as substantiation of the legal norms, based on the psychological concept approach which is laid down in Section 8 paragraph two of the Criminal Law.
Procesuālā disfunkcija Latvijas kriminālprocesā kā konstitucionālo paradigmu nobīde
Authors:   ZAB “Rusanovs & Partneri”, Rusanovs Egons
Published: June 2023

The doctrine of the continental European criminal procedure has established that development of procedural settlement of criminal legal relations is affined with the state’s constitutional system and should be evaluated through the prism of changes in the nation’s political, social, and moral conditions. It is an integral part within the doctrinal and normative development of modern criminal procedural archetypes, as conceptual implementation of the principle of separation of powers occurred in parallel with normative establishment of procedural functions in criminal proceedings. The separation of these functions is the basis for the constitutionally appropriate adoption of regulatory amendments and the practical course of criminal proceedings, protecting the defendant’s guarantees of justice.
Civillikuma 1415. pants un tā piemērošanas robežas
Authors:   atvijas Universitāte, Balodis Kaspars
Published: June 2023

According to the Civil Law of Latvia, Article 1415, an impermissible or indecent action, the purpose of which is contrary to religion, laws or good morals, or which is intended to circumvent the law, may not be the subject-matter of a legal transaction; such a transaction is void. Thus, there are four distinctive groups of unlawful transactions: contrary to law, circumventing the law, contrary to good morals, and contrary to religion. The prohibition of unlawful transactions is a restriction of private autonomy. Sometimes transactions have been wrongly considered as unlawful by Latvian courts only because of minor dubious aspects of a transaction. In order to avoid such mistakes, the scope of application of the Article 1415 must be limited to transactions where the subject-matter of a transaction is unlawful.
Privātās autonomijas ierobežojumi apdrošināšanas līgumtiesībās Latvijā
Authors:   Latvijas Universitāte, Mantrovs Vadims
Published: June 2023

The present article explores the application of private autonomy underlying private law and its limitations in insurance contract law in Latvia. The article deals with overview of private autonomy in Latvian insurance contract law with a special focus on the principle of freedom of contracts as the main expression of private autonomy. At the beginning, the article analyses general application of private autonomy in insurance contract regulation. The article further discusses four elements of the prin- ciple of freedom of contracts, such as the choice for conclusion of contract, the choice of contractual party, the choice of the contents of contract, and the choice of the contract’s form from the point of their limitation in insurance contract regulation. The article does not limit discussion with general insurance contract law but also pays attention to special insurance types, such as motor insurance, marine insurance, and various insurance types of the instances in which compulsory insurance is envisaged in Latvia. Likewise, the discussion covers not only Latvian national legal acts but also considers European Union law in the field of insurance law. The article finishes with the conclusion summarising the discussion reflected in the article.
Viedo sistēmu operatoru vainojamības modelis
Authors:   Latvijas Universitāte, Kārkliņš Jānis , Purmalis Ritvars
Published: June 2023

The purpose of this article is to provide a general overview of the conceptually supported view within European Union so far on the applicability of civil liability to operators and users of artificial intelligence-driven systems in the event that an artificial intelligence-driven system has caused negative consequences (damage) to another person’s legally protected interests. At the same time, particular attention will be paid to issues related to the standard of “due diligence” that must be carried out by intelligent system operators and the possibility to apply (and rebut) the presumption of causation, if the necessary preconditions can be established under the provisions stipulated by the currently proposed regulatory framework. It is undeniable that the use of such systems makes it possible to optimize the performance of a myriad of tasks and to monitor them more effectively as it would be possible, for example, with human supervision, but one thing is clear – there must be certainty about the way in which the allocation of the applicable civil liability takes place, that decision-making bodies of the European Union have committed to ensure, similar to what was done with the General Data Protection Regulation regarding the integrity and limits of processing of personal data within the borders of European Union.
Apbūves tiesības nodibināšanas problemātiskie aspekti
Authors:   Latvijas Universitāte, Kalniņš Erlens
Published: June 2023

The article examines the main conditions and limitations for the establishment of the right of superficies, providing an evaluation about certain problematic aspects thereof from the perspective of comparative law, as well as exploring the right of superficies institute regarding the possibility to attribute such right to a building that has already been constructed, thereby ensuring such building’s further usage and at the same time recognizing that such building is to be deemed as an essential part of the respective right to superficies that has been granted.
Dzīvojamās telpas īres līguma termiņš
Authors:   Latvijas Universitāte, Lapsa Jānis
Published: June 2023

Residential tenancy agreement must be signed for a certain period of time, and the law does not prevent agreeing on the extension of the contract. The terms of the rental agreement must comply with the existing practice in civil law circulation and they cannot be excessively short or long. At the end of the transition period from open-ended rental agreements to fixed-term rental agreements, amendments to the law should be considered, as is the case elsewhere in foreign countries, allowing open-ended rental agreements with the right of unilateral withdrawal by either party within a reasonable period of time. Thus, the private autonomy of individuals to choose to enter into open-term residential rental agreements would not be restricted. It is necessary to make amendments to the Transitional Provisions of the Law, setting a single end date (December 31, 2036 or another date chosen by the legislator) for the transition of open-ended rental agreements to fixed-term rental agreements.
Testatora gribas ierobežojumi
Authors:   Latvijas Universitāte, Zīle Kristīne
Published: June 2023

The testator’s freedom in expressing his/her will per se is indisputable, however, this right of the testator is not absolute. The law grants the right to those entitled to the preferential share to claim their preferential share in case the testator has left them nothing or has left less than they are entitled to. The article analyses some aspects of the separation of the preferential share. For example, inclusion of inheritance or legatee in the preferential share, specifically considering the cases where some portion of the inheritance is located outside of Latvia, as well as the applicability of obligation to add-in what has been previously received in cases where the preferential share is claimed.
Dispozitivitātes principa loma divpusējā prasībā
Authors:   Latvijas Universitāte, Čudina Ieva
Published: June 2023

Civil Procedure Law contains the right of the plaintiff to bring an action and the right of the defendant to bring a counterclaim. The legal doctrine also distinguishes actio duplex claim, which is regarded as a claim that may be joined by the defendant without a counterclaim. Such a situation competes with the dispositive principle in civil procedure. The aim of the study is to examine the role of the dispositive principle in actio duplex claim and find out how it harmonizes with the court`s obligation to respect the limits of the claim.
Cilvēka pamattiesības kā būtiska satversmes sastāvdaļa: ģenēze, nozīme, saturs
Authors:   Latvijas Universitāte, Rodiņa Anita , Kārkliņa Annija
Published: June 2023

Only in 1998, the Constitution of the Republic of Latvia – Satversme, which has been adopted more than a hundred years ago and is one of the oldest constitutions in Europe, was supplemented with a new chapter concerning the regulation of fundamental human rights. Until the adoption of Chapter 8 of the Satversme, only a few fundamental human rights could be found in the Constitution. The article discusses the development of the regulation of fundamental rights in the Satversme, the importance of fundamental rights in a democratic state, as well as reflects the catalogue of fundamental rights. In the article, the authors, looking at the catalogue of fundamental rights included in the Satversme, analyses fundamental rights by dividing them in groups, i.e. civil, political, social, economic, cultural and solidarity rights. The publication outlines the most characteristic features of each group of fundamental rights, points out content of those rights and looks into the recent case law of the Constitutional Court. The publication can contribute to the study material for law students of constitutional law course.
Cēloņsakarība kā kriminālatbildības nepieciešamais priekšnosacījums: teorētiskie un praktiskie aspekti
Authors:   Latvijas Universitāte, Vīnkalna Evija
Published: June 2023

Causal relationship, as the basic feature of the composition of material criminal offences, and one of the necessary prerequisites for criminal liability, has been researched by various scientists and highlighted in case law. The aim of the article is to focus on the importance of the doctrinal explanation of causal relationship in practice.
Tiesību normu iztulkošanas metožu nozīme koruptīvo noziegumu sastāvu satura noskaidrošanā
Authors:   Latvijas Universitāte, Leja Māris
Published: June 2023

The article addresses the question at what point in time a request for a bribe and an offer of a bribe is deemed to be accomplished, if it is made to the addressee by means of an electronic mail message with the relevant content or passed on to an intermediary for transmission to the opposite party, i. e., is it completed at the moment of sending the electronic mail message (respectively, at the moment when the relevant communication is made to the intermediary) or at the moment when the addressee has read the message (respectively, when the intermediary has passed the information on to the opposite party)? Using all the methods of interpretation, the author finds that, while it is possible to find arguments in support of both interpretations, the arguments in favour of a later moment of completion are more convincing.
Izvarošana un seksuāla vardarbība: jēdzienu problemātika un tās aktualitāte
Authors:   Latvijas Universitāte, Zivtiņa Elīna
Published: June 2023

This article provides an analysis of the usage of terms “rape” and “sexual violence”’ in Criminal Law of Latvia, as well as their compliance with international, grammatical and theological standards. The author analyses whether Article 159 of Criminal Law of Latvia covers all forms of rape, as well as examines the issue of Article 160 of the Criminal Law, its grammatical and theological conformity. In addition, regulations of several European Union Member States are analysed to evaluate how other legal systems deal with the sensitivity of this topic, while justly providing the necessary protection. In the author’s opinion, states are obliged to consider the international definitions of crimes, especially when it comes to rape. In the 21st century, legal protection should be fair and provided to victim concerning all the forms of rape regardless of the gender of perpetrator and victim.
Noziedzīga nodarījuma objekta doktrinārā novērtējuma ietekme uz noziedzīgu nodarījumu kvalifikāciju
Authors:   Latvijas Universitāte, Čevers Toms
Published: June 2023

Applying comparative scientific research method, the article inquires into conclusions of Latvian criminal law legal doctrine regarding the role of the object of a criminal offence in the qualification of criminal offences. It concludes that the object has no independent significance for distinction of criminal offences. Nevertheless, the title of the chapter of the Special part of the Criminal Code, which reflects the group object, promotes the systemic interpretation of legal norms. Since the protected interest per se is determined by the criminalization of the deed in question, Section 1901, which criminalizes the smuggling of dangerous items, is applicable, although it does not threaten the national economy, yet it is included in Chapter XIX “Criminal Offences of an Economic Nature”.
Izmeklēšanas noslēpuma un cietušā tiesību uz informāciju sadursme pirmstiesas kriminālprocesā
Authors:   Latvijas Universitāte, Gurevičs Dāvids
Published: June 2023

The victim’s right to receive information during criminal proceedings is aimed at ensuring protection of the victim’s interests in a fair regulation of criminal legal relations. However, the institute of the secret of investigation as a means to protect impartiality of the proceedings and the offender’s right to a fair trial, limits the victim’s ability to be informed. This paper attempts to identify a reasonable balance between the victim’s right to information and the secret of investigation.
Pušu līdztiesības principa nozīme pirmstiesas izmeklēšanā
Authors:   Latvijas Universitāte, Kulmanis Oskars
Published: June 2023

This article is dedicated to further assessment of the principle of equality of arms and its elements that may be applicable to the pre-trial investigation stage of criminal proceedings. The article includes evaluation of two practical elements determined by paragraph 1 and 3 (d) of Article 6 of the European Convention of Human Rights, the right to question witnesses in pre-trial investigation and the right to rely on assistance by private experts. The pre-trial stage of proceedings in the Republic of Latvia is not held according to the principle of adversarial proceedings. Therefore, the article will address a question, whether rights of the defence and principle of equality of arms grant the suspect the right to interrogate witnesses and rely on assistance by experts in pre-trial investigation of criminal proceedings. The European Court of Human Rights has emphasized several procedural safeguards regarding the aforementioned rights and their meaning in fair proceedings.
Tiesību palīgavotu publicēšanas nepieciešamība demokrātiskā tiesiskā valstī
Authors:   Latvijas Universitāte, Bruģe Zoja
Published: June 2023

Use of subsidiary sources of law (diversity) ensures quality decision-making. The use of subsidiary sources of law is affected by their availability. One of the subsidiary sources of law is the decision on the contested administrative act. This article analyses the issue of these decisions and making available thereof. It is concluded in the article that the decision on the contested administrative act is not publicly available, and this is an obstacle for its use in making of new decisions. To remove this obstacle, to promote the openness of public administration and to solve potential dispute in pre-trial process, the article suggests publishing the decision on the contested administrative act.
Noziedzīgi iegūtas mantas institūta izpratne Latvijas teritorijā no XVIII gadsimta līdz XX gadsimta sākumam
Authors:   Latvijas Universitāte, Sergejeva Daira
Published: June 2023

The current article provides an insight into the concept of the Institute of Criminally Acquired Property in the territory of Latvia as part of the Russian Empire. After the establishment of the Republic of Latvia, the laws and regulations of the Russian Empire on criminally acquired property were adopted. It should be emphasized that after inclusion into the Russian Empire in the XVIII century, local laws in the territory of Latvia were taken into account, explaining the basic principles of the criminally obtained property institute in Russian Empire in the XIX century.
Satversmes tiesas loma modernās demokrātijas harmonizēšanā
Authors:   Latvijas Universitāte, Pazare Iveta
Published: June 2023

The paper explores the role of the constitutional review and the constitutional court in the harmonisation of modern democracy through the prism of various aspects, including newly created theories, principles, tests and other legal methods. The article will look at the dynamics of constitutional control exercised by the Constitutional Court of Latvia and the methods applied to it, as well as developments in constitutional control in times of challenges and threats to modern democracy. The thesis set out in the paper is an insight into a much broader theme that will be discussed in greater detail in the doctoral thesis by the author of the paper.
Eitanāzijas konstitucionalitāte
Authors:   Latvijas Universitāte, Priede Aleksandra Kristiāna
Published: June 2023

The right to life is the bedrock of all human rights. It is a natural right that arises from the fact of being born. While the right to life seems self-evident today, it still remains an open question whether it also encompasses the right to die, hence – the right to euthanasia. International law does not regulate euthanasia, it is left to the discretion of each state. In this article, the author analyses the compatibility of euthanasia with the Latvian legal system. The article examines whether and how the human right to life can be legally restricted. Most importantly, the ways in which the right to life could be restricted as a justification, and whether it is possible for the right of euthanasia to become a part of our legal system.