How long do economic sanctions typically last. What factors influence the duration of sanctions. How effective are economic sanctions in achieving their goals. What is the sanctioning process for different entities.
The Nature and Purpose of Economic Sanctions
Economic sanctions have become an increasingly common tool in international relations and diplomacy. But what exactly are economic sanctions, and why are they imposed? Economic sanctions are punitive economic measures taken by one country or group of countries against another to try to influence that country’s policies or actions. They can take various forms, including trade restrictions, asset freezes, and travel bans.
The primary purpose of economic sanctions is to exert pressure on the target country to change its behavior or policies without resorting to military action. Common reasons for imposing sanctions include:
- Responding to human rights violations
- Countering nuclear proliferation
- Opposing military aggression
- Combating terrorism
- Punishing corruption or undemocratic practices
While sanctions are often seen as a more humane alternative to military intervention, their effectiveness and humanitarian impact are subjects of ongoing debate among policymakers and scholars.
Examining the Duration of Economic Sanctions
One of the key questions surrounding economic sanctions is how long they typically last. The duration of sanctions can vary widely depending on the specific case and circumstances. Some sanctions are lifted relatively quickly, while others can remain in place for decades.
Studies have shown that the average duration of economic sanctions is about a decade. However, this average masks significant variation. Some notable examples of long-lasting sanctions include:
- US embargo against Cuba: In place since 1962
- UN sanctions against Iraq: Lasted from 1990 to 2003
- US sanctions against Iran: Various sanctions in place since 1979
Why do some sanctions last so much longer than others? Several factors can influence the duration of economic sanctions:
Goals and Demands of the Sanctioning Countries
Sanctions with more ambitious or fundamental goals, such as regime change, tend to last longer than those with more limited objectives. The more the sanctioning countries demand, the less likely the target is to comply quickly.
Economic and Political Resilience of the Target Country
Countries with diverse economies or powerful allies may be better able to withstand sanctions for longer periods. Conversely, more vulnerable economies may be forced to capitulate more quickly.
International Support and Cooperation
Sanctions that have broad international backing are often more effective and may resolve more quickly. Unilateral sanctions or those with limited support may drag on longer.
Domestic Politics in Both Sanctioning and Target Countries
Political considerations, such as upcoming elections or changes in leadership, can affect the willingness to maintain or lift sanctions.
The Sanctioning Process for Different Entities
While international economic sanctions are imposed by countries or multinational bodies, many organizations have their own internal sanctioning processes for addressing violations of rules or policies. These processes can vary significantly depending on the type of organization and the nature of the infraction.
Sanctioning Process in Educational Institutions
In universities and colleges, the sanctioning process typically follows a specific grievance procedure. For example, at Loyola University Chicago, the process differs depending on whether the respondent is a student, faculty member, or staff employee:
- For students, sanctions are determined by hearing administrators and included in a written determination.
- For faculty, sanctions are decided by the Senior Academic Officer following the disciplinary process outlined in the Faculty Handbook.
- For staff, a designated Human Resources representative determines sanctions after consulting with the appropriate supervisory authority.
In all cases, both parties are given equal opportunity to respond to any discipline recommendations, and the final decision is communicated in writing.
Sanctioning Process in Sports Organizations
Sports organizations also have their own sanctioning processes for events and competitions. For instance, U.S. Masters Swimming has a specific sanction application process for swimming events. This process includes:
- Submitting a sanction application to the Local Masters Swimming Committee (LMSC)
- Paying applicable sanction fees
- Adhering to USMS guidelines and recommendations, particularly in light of COVID-19
- Offering one-event memberships for non-USMS members participating in sanctioned events
The sanctioning process ensures that events meet organization standards and provides liability coverage for participants.
Effectiveness of Economic Sanctions
A crucial question in the study of economic sanctions is their effectiveness in achieving their intended goals. Are sanctions a useful tool of foreign policy, or do they often fail to produce the desired results?
Research on the effectiveness of sanctions has produced mixed results. Some studies suggest that sanctions are successful in about 30-40% of cases, while others argue that the success rate is much lower. The effectiveness of sanctions can depend on various factors:
Clarity of Objectives
Sanctions with clear, achievable goals are more likely to succeed than those with vague or overly ambitious objectives.
Economic Impact
Sanctions that impose significant economic costs on the target country are generally more effective than those with limited economic impact.
International Cooperation
Multilateral sanctions backed by a broad coalition of countries tend to be more effective than unilateral measures.
Smart Targeting
Sanctions that target specific individuals or sectors (so-called “smart sanctions”) may be more effective and cause less collateral damage than broad, comprehensive sanctions.
Despite these factors, measuring the success of sanctions remains challenging. In some cases, sanctions may contribute to policy changes in combination with other factors, making it difficult to isolate their specific impact.
Humanitarian Impact of Economic Sanctions
While economic sanctions are often viewed as a less violent alternative to military intervention, they can still have significant humanitarian consequences. The impact of sanctions on civilian populations has been a subject of growing concern among policymakers and human rights advocates.
Some of the potential humanitarian impacts of economic sanctions include:
- Reduced access to food, medicine, and other essential goods
- Increased poverty and unemployment
- Deterioration of public health systems
- Disruption of education and social services
- Exacerbation of existing economic inequalities
These impacts can be particularly severe in countries with already vulnerable populations or weak social safety nets. Critics argue that sanctions often harm ordinary citizens more than the political elites they are intended to influence.
In response to these concerns, there has been a shift towards more targeted sanctions that aim to minimize collateral damage. These “smart sanctions” focus on specific individuals, companies, or sectors rather than entire economies. However, even targeted sanctions can have unintended consequences and humanitarian impacts.
Alternatives and Complements to Economic Sanctions
Given the mixed record of economic sanctions in achieving policy goals and their potential for humanitarian harm, policymakers and scholars have explored various alternatives and complements to sanctions. These approaches aim to influence state behavior while minimizing negative impacts on civilian populations.
Diplomatic Engagement
Increased diplomatic efforts, including direct negotiations and mediation by third parties, can sometimes achieve policy goals without resorting to punitive measures.
Positive Incentives
Offering rewards or benefits for desired behavior, sometimes called “carrots” as opposed to the “sticks” of sanctions, can be effective in some situations.
Targeted Financial Measures
Actions such as asset freezes and travel bans on specific individuals or entities can pressure decision-makers without broadly impacting the general population.
Capacity Building and Technical Assistance
Providing support to improve governance, strengthen institutions, or address root causes of conflicts can lead to positive changes in state behavior.
Public Diplomacy and Soft Power
Efforts to influence public opinion within the target country through cultural exchanges, educational programs, and media outreach can complement other policy tools.
In practice, these alternatives are often used in combination with sanctions rather than as complete replacements. A comprehensive foreign policy approach might employ a mix of sanctions, diplomatic engagement, and positive incentives tailored to the specific situation.
The Future of Economic Sanctions
As the global political and economic landscape continues to evolve, so too does the use and nature of economic sanctions. Several trends and developments are likely to shape the future of sanctions as a foreign policy tool:
Increasing Use of Targeted Sanctions
The trend towards more precise, “smart” sanctions is likely to continue as policymakers seek to maximize effectiveness while minimizing humanitarian impact.
Technological Advancements
New technologies, particularly in the financial sector, may create both new opportunities for sanctions enforcement and new challenges in preventing sanctions evasion.
Changing Global Power Dynamics
The rise of new economic powers and the increasing multipolarity of the international system may affect the ability of traditional powers to impose effective sanctions.
Growing Attention to Secondary Sanctions
The use of secondary sanctions, which target third parties doing business with the sanctioned entity, may become more common but also more controversial.
Increased Focus on Human Rights and Environmental Issues
Sanctions may be increasingly used to address global concerns such as human rights violations and environmental degradation.
As these trends unfold, policymakers will need to continuously evaluate and adapt their approaches to ensure that sanctions remain an effective and responsible tool of foreign policy. The challenge will be to balance the desire for policy impact with ethical considerations and the need to maintain international cooperation and legitimacy.
In conclusion, economic sanctions remain a complex and contentious instrument of international relations. Their duration, effectiveness, and impact vary widely depending on numerous factors. As the global landscape evolves, so too will the use and nature of sanctions, requiring ongoing analysis and adaptation by policymakers and scholars alike.
Grievance Process Sanctioning: Office for Equity and Compliance: Loyola University Chicago
Grievance Process Sanctioning
IF A HEARING RESULTS in one or more findings of responsibility (i.e., the respondent is found to have violated the Comprehensive Policy), the matter will proceed to sanctioning determination. Sanctions are determined differently depending on whether the respondent is a student, faculty employee, or staff employee.
Sanctioning Students
For student respondents, sanctions are determined by the hearing administrator(s) and incorporated into the written determination.
Sanctioning Faculty
For faculty respondents, upon a decision of responsibility by the hearing administrator(s), sanctions are determined by the Senior Academic Officer (as defined in the Faculty Handbook) in accordance with the disciplinary process set forth in the Faculty Handbook or collective bargaining agreement, as applicable.
At the conclusion of the disciplinary process, the Senior Academic Officer decides the sanction(s) to be assigned to the faculty respondent and provides the sanctioning decision to the hearing chairperson, who incorporates the decision into the written determination.
During the faculty disciplinary process, any documents provided to either party will be provided to the other; and both parties will have an equal opportunity to respond to any discipline recommendations.
Sanctioning Staff
For staff respondents, upon a decision of responsibility by the hearing administrator(s), sanctions are determined by a designated representative of Human Resources, according to the following staff disciplinary process.
The hearing chairperson delivers a hearing report to the designated representative of Human Resources. The Human Resources representative may consult with the appropriate supervisory authority under whom the respondent reports, decides the sanction(s) to be assigned to the staff respondent, and provides the sanctioning decision to the hearing chairperson, who incorporates the decision into the written determination.
During the staff disciplinary process, any documents provided to either party will be provided to the other, and both parties will have an equal opportunity to respond to any inquiries made by the designated representative of Human Resources, if applicable.
Written Determination
Following the conclusion of the hearing and after any sanctions are determined (if applicable), the hearing chairperson issues a written determination, communicated to both parties simultaneously and in writing (and presumptively received upon delivery). The written determination:
- Identifies the allegations that may constitute Title IX sexual harassment and any other prohibited conduct addressed in the hearing, if applicable;
- Describes the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Presents findings of fact supporting the determination;
- Presents conclusions regarding the application of the Comprehensive Policy to the facts;
- Provides a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any sanctions the University imposes on the respondent, and whether remedies will be provided to the complainant; and
- Describes the University’s procedures and permissible bases for the complainant and respondent to appeal.
Sanction Application Process | U.S. Masters Swimming
Sanction Application Process | U.S. Masters Swimming
Sanction Application Process
General Sanction Information
COVID-19 Event Resources
- We started implementing a phased approach to return to competition as of November 1, 2020. We understand not all LMSCs will be able to begin holding events due to state, local, and facility restrictions; however, we want those who do conduct events to plan with USMS guidelines and recommendations in place. Visit the COVID-19 Event Resources page COVID-19 Event Resources page for guidance and recommendations for hosting a USMS-sanctioned event during these unprecedented times.
Sanction Fees
- Refer to the Sanction Fee Grid for more information. In addition, your LMSC may charge a local sanction and/or one-event fees. Please contact your LMSC Sanction Chair about fees associated with hosting a meet.
In addition, your LMSC may charge a local sanction and/or one-event fees. Please contact your LMSC Sanction Chair about fees associated with hosting a meet.One Event Memberships (OEVT)
LMSCs have the option to offer one-event registrations at events sanctioned by their own LMSC. A one event registration provides USMS insurance coverage to a participant in one “event” (open water race or pool meet). More details, instructions, and information can be found on our One Event Memberships page. Your LMSC may charge a local one event fee, please contact your LMSC Sanction Chair about fees associated with hosting a meet.
Online Sanction Application
Sanction an Event Application
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Sanctioning Process – LIUSBC Bowling
THE SANCTIONING PROCESS AND MONEY TRAIL
For over 100 years the United States Bowling Congress, headquartered in Arlington, Texas has been certifying lanes and sanctioning bowlers.
The LIUSBC is one of over 4,000 local associations responsible for implementing the sanctioning and certifying all bowling centers.
The adult sanction fee is $25 per league season ($20 for bowlers only competing in a league that starts prior to 3pm and is bowled Monday through Friday.) Bowlers competing in a short season league (less than 13 weeks) or a once-a-month league, only have to pay an $11 sanction fee. Youth league sanctions cost $10 per child.
The $25 collected is broken down as follows: $13 per sanction is sent to USBC headquarters, $1 is sent to New York State USBC, and $11 is kept by the LIUSBC. The $5-day league discount is absorbed by LIUSBC. The $10 youth sanction is allocated with USBC getting $4 per child and $6 kept by LIUSBC. 100% of the youth sanction money is returned to the kids through scholarships.
THE SANCTIONING PROCESS
- LIUSBC puts together and delivers sanction kits to all leagues that were sanctioned the year before. Additional kits are created for new leagues or leagues that want to sanction but haven’t in the past.
- The league secretary hands out the sanction cards the first night of league. If the league was sanctioned the previous year the sanction cards are preprinted for each bowler that competed in the league. Blank sanction cards are included in the kits and should be distributed to all new bowlers in the league.
- Secretaries have 30 days from the start of the league to collect the sanction cards and fees from their bowlers. All bowlers in the league must fill out a card even if they are sanctioned in another league.
- Once the sanction fees and cards are received at the LIUSBC office they are processed. The entire process is overseen by Karl Nystrom who is the LIUSBC Association Manager.
- The LIUSBC inputs every bowlers’ information into a program created by USBC called WinLabs. Once the entire league is processed (it can take as long as 30 days) the names of the bowlers are sent to USBC Headquarters.
- Once USBC receives the information from LIUSBC they review the league to make sure everyone is sanctioned and if approved the league list is sent to a fulfillment house which prints the sanction cards and mails them directly to each bowler. USBC can take as long as 60 days to send out the sanction cards.
- Secretaries are responsible to have every bowler or substitute that joins the league in the middle of the season to fill out a sanction card and pay the fee if not sanctioned in another league. It is recommended secretaries send the LIUSBC the new bowler sanction cards and fees every 30 days.
Additional kits are created for new leagues or leagues that want to sanction but haven’t in the past.
The bill calls for the establishment, through this organ, of a system for the control of nuclear and other related […] activities, providing for […] recommendations on protection against ionizing radiation. daccess-ods.un.org | A travs de ese rgano, el proyecto de ley establece un sistema de control de las […] actividades nucleares y […] con las recomendaciones […] internacionales en materia de proteccin contra las radiaciones ionizantes. daccess-ods.un.org |
The Polish […] context of the Commission’s clearance of […] accounts procedure, which covers the year in question and is on-going. eur-lex.europa.eu | El procedimiento de seguimiento y de sanciones de las autoridades [. ..]polacas se est tratando en el marco del procedimiento […] de liquidacin de cuentas de la Comisin, que cubre el ejercicio en cuestin y est actualmente en curso. eur-lex.europa.eu |
To the Government Delegation in the Autonomous Community of Catalua, regarding the legal obligation to abide by Law 30/1992, of 26 November, of the Legal System for the Public Administrations and of Common Administrative Procedure, and to the regulations for the exercise of sanctioning power regarding the obligation to […] communicate to the complainant whatever decision is adopted regarding the […] defensordelpueblo.es | A la Delegacin del Gobierno en la Comunidad Autnoma de Catalua, sobre el deber legal que incumbe de adecuar su actuacin a la Ley 30/1992, de 26 de noviembre, de Rgimen Jurdico de las Administraciones Pblicas y del Procedimiento Administrativo Comn, y al Reglamento para el ejercicio de la potestad sancionadora, en relacin con la [. obligacin de comunicar al denunciante la decisin que se adopte sobre la iniciacin […] defensordelpueblo.es |
A drawback of this system is that the AU […] Charter on Human and Peoples’ Rights. transparency.org | Una desventaja de este sistema es que la UA carece de medios para […] sancionar a los […] Humanos y de los Pueblos. transparency.org |
Having some form of independent regulatory body has always been important for maintaining these professional standards, even if history has taught us that [. establishing such […] perseverance and patience. oie.int | La existencia de algn tipo de rgano reglamentario independiente siempre ha sido importante para mantener ese nivel de exigencia profesional, aun cuando la historia nos ensee que la creacin de […] ese tipo de instituciones con potestad […] oie.int |
| World Bank: Sanctions Committee – Report Concerning the Debarment Processes of the World Bank. transparency. | Comit de Sanciones del Banco Mundial: Report Concerning the Debarment Processes of the World Bank [Informe sobre el proceso de inhabilitacin […] del Banco Mundial]. transparency.org |
(a) description in […] violations and how far […] they are carried out through automated procedures; how long does it take for offenders to receive a summons for paying a fine; what is the deadline for paying the fine; period and procedure for appeal (if possible) eur-lex.europa.eu | a) Descripcin detallada del proceso de deteccin, prosecucin y sancin de las infracciones [. ..]del lmite de velocidad y en […] qu medida se realizan mediante procedimientos automatizados; cunto tiempo tardan los infractores en recibir la notificacin de pago de la multa, plazo lmite para pagar la multa, plazos y procedimiento de recurso (en su caso). eur-lex.europa.eu |
| More information on the national processes for recognizing or otherwise sanctioning institutions is available […] on the country pages. portal.unesco.org | En las pginas de los pases se encontrar mayor […] portal.unesco.org |
In particular there is a high variance in [. eur-lex.europa.eu | Se observa en especial gran variacin en el alcance de las […] eur-lex.europa.eu |
We need to devote further energy to the […] system that would encourage companies to […] operate in an efficient and environmentally friendly way. europarl.europa.eu | Conviene que dediquemos ms energa al desarrollo de un […] que estimule a las empresas a operar de forma […] eficiente y respetuosa con el medio ambiente. europarl.europa.eu |
While donors have always [. performance, new mechanisms are characterised […] by efforts by recipient countries to hold donors to account. fride.org | Mientras que los donantes han […] de los gobiernos receptores, los nuevos […] mecanismos se caracterizan por los esfuerzos de stos ltimos para que los donantes den cuenta de sus actos. fride.org |
What are the measures taken by the State party to ensure the effective […] violence? daccess-ods.un.org | Qu medidas ha adoptado el Estado parte para que se [. actos de violencia domstica? daccess-ods.un.org |
Of course, we also need to reorganise and refine administrative […] europarl.europa.eu | Por supuesto, tambin es necesario reorganizar y depurar los mecanismos de […] europarl.europa.eu |
The International Olympic Committee (IOC) and the International Paralympic Committee (IPC) […] are responsible for […] violations, at the Olympic […] and Paralympic Games respectively. sport-orienteering.info | El Comit Olmpico Internacional (COI) y el Comit Paralmpico Internacional […] (CPI) son responsables por […] infracciones a las […] normas antidopaje en los Juegos Olmpicos y Paralmpicos respectivamente. sport-orienteering.info |
About everything for which there is no proof, there is doubt and […] in view of that doubt the Government […] of national legislation and of international law. iattc.org | Sobre lo que no existe prueba, [. existe duda y ante la duda el Gobierno […] de la legislacin nacional y del derecho internacional. iattc.org |
This system requires the creation of a special ethics […] committee, which deals with the reporting, […] been alleged to have violated the rules. gopacnetwork.org | Este sistema requiere que se cree un comit especial sobre tica, encargado de […] sealar a los Diputados que parecen haber violado las reglas, de llevar […] gopacnetwork.org |
The impact of the cartel on customers and final consumers was very limited due to the frequent deviation and continued [. competition by producers, the absence of any […] the strong purchasing power of customers. eur-lex.europa.eu | El impacto de la prctica colusoria en los clientes y en los consumidores finales fue muy limitado debido a la frecuente desviacin y continua […] competencia de los productores, a la falta de todo […] adquisitivo de los clientes. eur-lex.europa.eu |
Instead, it must call on other […] prosecution or administrative procedures, or both. ediec.org | En cambio, debe recurrir a otras instituciones […] penales o procedimientos administrativos, o ambos. ediec.org |
This misalignment creates the permissive environment within which blameworthy acts by corporations may occur […] boell.eu | Este desfase crea el ambiente permisivo en el cual los actos censurables realizados por las empresas ocurren sin […] boell.de |
Pinheiro states that stopping and […] preventing this type of violence is not […] it, but of bringing about changes in deep-rooted beliefs and customs. scslat.org | Pinheiro advierte que detener y […] prevenir este tipo de violencia no es [. sino de propiciar cambios profundos en las creencias y costumbres. scslat.org |
Management believes that the possible contingency could correspond to a possible monetary fine […] or sanction […] such case the amount […] will not modify significantly the equity situation shown by the Company in its financial statements. enap.cl | Al mejor entender de la Administracin la eventual contingencia podra […] corresponder a una […] no se encuentra cubierta […] por seguro alguno, pero de ser as en ningn caso su monto modificara en forma significativa la situacin patrimonial que la empresa exhibe en sus estados financieros. enap.cl |
| The sanctioning procedure ultimately […] determined that no infraction had taken place. uria.com | No obstante, dicho procedimiento sancionador […] devino finalmente archivado al considerarse que no concurra infraccin alguna. uria.com |
| That group dealt in particular with issues relating to the legal sanctioning of disorderly conduct and the resolution of land disputes, which required constant attention. daccess-ods.un.org | Este grupo se ocupa en particular de las cuestiones relativas a la represin de los atentados contra el orden pblico y la solucin de los litigios de tierras, que necesitan una atencin permanente. daccess-ods.un.org |
44. The increasing complexity of investigations in this area indicates that efforts have succeeded in […] reducing the incidence of simpler schemes of resettlement […] and deterring others. daccess-ods.un.org | 44. La presente complejidad de las investigaciones en esta esfera indica que los esfuerzos han conseguido reducir la frecuencia de […] los planes ms sencillos de fraude en el […] o la disuasin de otros. daccess-ods.un.org |
That is most relevant when the Council not only supports but also […] daccess-ods.un.org | Ello reviste una importancia esencial cuando el Consejo no slo ofrece apoyo sino que tambin […] dichas operaciones. daccess-ods.un.org |
In addition, it has authority to […] whom it deems corrupt or are inhibiting […] its work and to propose and promote new legislation. crisisgroup.org | Adems, puede proponer […] pblicos que considera corruptos o que estn entorpeciendo […] su labor, as como proponer y promover nueva legislacin. crisisgroup.org |
Often a permissive attitude pervades with regard to the reporting of infringements to the relevant authorities [. europa.eu | Es frecuente encontrar una actitud permisiva con respecto a la notificacin de las infracciones a las autoridades […] europa.eu |
| (b) The investigation, prosecution and sanctioning of violent attacks against the Roma, including on the application […] of the criminal provisions punishing ethnically ccprcentre.org | b) La investigacin, el […] penales por las ccprcentre.org |
The logic behind this sanction is […] questionable, as it amounts to making exploiters of [. aedh.eu | Esta sancin, muy dudosa en su lgica, equivale a hacer pagar a los […] explotadores del trabajo ilegal los gastos […] vctimas. aedh.eu |
There was never […] the Territory or legitimizing the idea of “liberated territory”, […] as this is an uninhabited buffer strip. daccess-ods.un.org | No se tuvo nunca la […] o de legitimar la nocin de “territorio liberado”, [. dado que se trataba de una zona de amortiguacin inhabitada. daccess-ods.un.org |
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..]“Disquisition on the Need for a New Model for Criminal Sanctioning Syst” by M. Kay Harris
Abstract
The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout the country. Judges find a growing percentage of their workload being devoted to hearing and attempting to resolve complaints from convicted offenders concerning the nature of their sentences, the conditions of their confinement, and the procedures by which their lives are governed.
This article will highlight some of the major problems, sources of confusion, and matters of controversy that surround present sanctioning practices. The subject areas to be addressed include sentencing discretion, lack of clarity or consensus regarding the purposes to be served in imposing criminal sanctions, dispartity in sentencing, the acceptability of current sanctions by humanitarian and legal standards, and the parole release function as a part of sentencing. A number of officers, institutions, and forces impinge upon or influence the nature and duration of sanctions. This article will focus primarily on the legislature, judiciary, and paroling authorities as they impact on the sanctioning process, excluding discussion of a number of other critical actors. The problems that will be highlighted in these three areas reflect flaws that are endemic throughout the criminal justice process. The article will also summarize the major types of reform that have been suggested in the last ten or fifteen years.
This review of the problems that characterize present sanctioning practices and of proposed remedies is not intended to be fully exhaustive of the subjects raised. Rather, the intent is to reiterate the flaws in the system, already catalogued in much greater detail elsewhere, as a prelude to addressing the inadequacy of most of the existing proposals for change. Many of our present sanctioning practices are performed in ways, or result in ends, that are unlawful, unjust, ineffective, and inhumane. Decisions regarding where and how thousands of persons may spend years of their lives are left to individuals whose discretion is unguided by clear objectives and virtually unchecked by procedural requirements or further review. In view of the awesome power embodied in sanctioning decisions and their critical impact on American citizens, the current state of the criminal sanctioning process is appalling. Complete restructuring of our sanctioning practices is necessary, requiring a reconceptualization of both the purposes that a criminal sanctioning system should be designed to serve and the most sensible practices for achieving the desired goals.
Social change seldom arises simply from presentation of facts showing that the status quo is ineffective. This may be a necessary condition for change, but it is not a sufficient one. What is needed is a vision of a new way-a vision that is compelling enough to attract sufficient number of adherents to achieve its implementation. This article is designed to assemble the major arguments concerning why a new model for criminal sanctioning is needed and to offer some directions such a model might follow.
Recommended Citation
M. K. Harris,
Disquisition on the Need for a New Model for Criminal Sanctioning Systems,
77
W. Va. L. Rev.
(1975).
Available at:
https://researchrepository.wvu.edu/wvlr/vol77/iss2/3
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Tournament & Event Sanctioning Information
Please note:
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You may not allow such a team to forfeit and then play the contest anyway or by calling it a scrimmage or something else. Scrimmages are NOT part of a tournament and should not be considered as a solution to allow a team, otherwise unqualified or ineligible to play per NFHS, CIF or CCS rules in your tournament. However well-intentioned such actions might be, they are a very serious violation of several rules and will result in sanctions against all schools involved (both schools from the combined teams and the schools that play them AND it will jeopardize the future conduct of the tournament at which this is allowed!Sanctioning Your Event
Invitational Tournament Sanctions/Travel Permits
If your program is hosting an invitational tournament, you are required to sanction the tournament by submitting the Invitational Tournament Application form. As of April 12, 2021, the tournament sanction fee is $250.
00, additional fee for Canadian teams has been removed. You are required to verify that all participating teams are properly registered with USA Hockey or their country’s federation. USA Hockey Official Team Roster (1-T) approved by the District or Associate Registrar shall be proof of proper registration and individual player age. Invitational tournaments shall not require player birth certificates for review. Travel permits are required for any team from an Affiliate requiring Travel Permits, and approved travel permits from Hockey Canada or member branches are required for all Canadian teams. An International Competition Travel Form is required for all other foreign teams.
All ON-ICE events are sanctioned by the District Registrar.
A “sanctioned event or activity” is one which: is authorized by a USA Hockey organization; is played under the Playing Rules of USA Hockey; has all members (players and coaches) properly registered; and is officiated by properly registered and certified USA Hockey officials.
All normal ice hockey-related activities, such as games, practices and scrimmages, between properly registered USA hockey teams are automatically sanctioned. USA Hockey does not sanction games or practices against non-registered teams/leagues, unless a District Risk Manager and Registrar agree to issue a Special Event Sanction.
All properly registered players (or coaches and officials) are covered while participating in a USA Hockey “sanctioned event” or activity, which includes USA Hockey tournaments. If a tournament is not a USA Hockey “sanctioned event;” there is no coverage in effect from USA Hockey’s insurance. To sanction an Invitational Tournament, complete the Invitational Tournament Application attach a copy of the tournament rules and a check payable to USA Hockey in the amount of $250.00 for US/Canadian teams and $50.00 payable to Rocky Mountain District mail both checks to Darla Thompson. 3216 St. Bridges Drive, Plano, Texas 75093. If you Affiliate collects an Affiliate fee send the check to your Associate Registrar in your Affiliate.
“Try Hockey for Free Day Sanctioning. The process for sanctioning and to keep it consistent for all Try Hockey Events, sanctioning will be done solely through the Try Hockey For Free Portal and vetted by the Program Services staff. A special event sanction form will no longer be required by associations for Try Hockey events.
This sanctioning process is already in place for the USA Hockey national try hockey dates, but will now include custom dates. As a reminder, associations are always welcome and encouraged to use the portal for custom dates. If additional information is required on any association’s event request, program services staff will contact the appropriate registrar.
For reports of try hockey events happening in your area, contact program services department. The requests for Try Hockey Events (both national dates and custom) can be found here: https://www.tryhockeyforfree.com/host_signup
All OFF-ICE events such as fundraisers or community service events are sanctioned by the District Risk Manager.
To sanction your off-ice event, complete the Special Events Sanction form, attach a description of your event and forward to Kelly Grover 1743 W Alexander St#102, West Valley City, UT 84119, [email protected] for approval.
90,000 Investigative judges will get bogged down in routine practices
At the beginning of 2018, a discussion on the introduction of investigating judges, initiated in 2015 by the program article 1 prof. A.V. Smirnova, acquired
vague outlines of “plans for the future.”
Read also
Experts discussed the possibility of introducing the institution of investigating judges
The Supreme Court of the Russian Federation and the Russian State University of Justice held a round table “The Institute of Investigative Judges in Criminal Procedure”
02 February 2018
With all due respect to the authors and supporters of this idea, in modern domestic realities it turns out to be in a series of initiatives under the general slogan “How to improve the state of affairs without changing anything in the main” and reminds of desperate attempts to carve out from the general procedural field a certain institution designed to qualitatively change the situation in criminal law enforcement.
Judging by the justifications presented in the media, the introduction of investigating judges is aimed at “revitalizing” judicial control activities, in which almost complete mutual understanding of the controlling and the controlled has been achieved (see Table 1).
Table 1.
Information on forensic control actions (as of 2016)
Content of petitions of law enforcement officers | Total reviewed by the courts | Percentage of approved applications | |
|---|---|---|---|
| On the inspection of a dwelling in the absence of the consent of the persons living in it | 127,422 | 122 858 | 96% |
On the performance of a search and (or) seizure in a dwelling | 65924 | 63,275 | 96% |
On the production of the seizure of a thing pledged or deposited in a pawnshop | 4017 | 3922 | 98% |
On the performance of a personal search (p. | 4656 | 4458 | 96% |
On the seizure of items and documents containing information on deposits and accounts in banks and other credit institutions (clause 7, part 2, article 29 of the Criminal Procedure Code of the Russian Federation) | 78 461 | 76 310 | 97% |
| On the seizure of correspondence, permission for its inspection and seizure in communication establishments (p.8 h. 2 tbsp. 29 of the Criminal Procedure Code of the Russian Federation) | 21,010 | 20460 | 97% |
| On the seizure of property, including funds of individuals and legal entities that are on accounts and in deposits or stored in banks and other credit institutions (clause 9, part 2 of article 29 of the Criminal Procedure Code of the Russian Federation) | 44,154 | 38921 | 88% |
On control and recording of telephone and other conversations (p. 11 h. 2 tbsp. 29 of the Criminal Procedure Code of the Russian Federation) | 167,052 | 162 961 | 98% |
| About receiving information about connections between subscribers | 126 306 | 123,092 | 98% |
| On the limitation of the constitutional rights of citizens to the secrecy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted over the networks of electrical and postal communications | 609,989 | 607,052 | 99% |
| On the limitation of the constitutional rights of citizens to the inviolability of their home | 36636 | 36505 | 99% |
| About detention | 133882 | 121 796 | 91% |
| On the extension of the term of detention | 227,136 | 223,306 | 98% |
6 h. 2 tbsp. 29 of the Criminal Procedure Code of the Russian Federation) The problem is that without a radical reform of the basic elements of legal proceedings, the introduction of a new procedural figure has every chance of turning into a palliative or a banal “change of signs”.
These basic elements are the law of evidence, the motivation of judicial acts and the work of the chain of command. It is their current state that creates the “rut effect”: often useful undertakings by themselves “get stuck” and do not give the planned results.
Judging by the published statistical data and materials of judicial practice, the authors of the petitions in accordance with Art. 108 and 165 of the Code of Criminal Procedure of the Russian Federation almost always “there is reason to believe …”, which the courts consider confirmed by sufficient evidence, and the reference to cl.3 h. 2 tbsp. 38 of the Code of Criminal Procedure of the Russian Federation on the procedural independence of the investigator is capable of making practically any procedural act legal and justified. The results of the appeal in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, as well as an appeal or cassation, do not add optimism. Templates of rulings, in which only the data of a specific case are added, have already been tested in practice; “Disclaimer” formulations against the arguments of the defense are perfected; lawyers and their clients are seen as putting a spoke in the wheel for those who wish to straighten the path to conviction.
With such a “constant”, it is unclear what the supporters of the idea of introducing investigative judges are coming from, when they believe that the latter will delve into cases more thoroughly, better assess the arguments of the parties, persistently follow the practice of the ECHR and the Constitutional Court of the Russian Federation, more carefully describe the motivation of judicial acts, and the courts of verification instances will cancel and change the decisions adopted in the first instance at times more often than now.
By itself, a change in the subject considering the “control” materials does not necessarily increase the thoroughness of such control.In particular, this is evidenced by expert assessments of Russian reforms to transfer the consideration of issues of detention from the prosecutor’s office to the court. So, retired judge, prof. S.A. Pashin notes that “judges authorize arrests one and a half percent more often than prosecutors. <…> At the same time, there is a process of absolute reduction of prisoners in custody, but this process is in no way connected with the reform and with the transfer of authorization to judges.
This process began back in the 90s, and out of 300 thousand arrests a year we went down to 280-260 thousand arrests a year ” 2 .The fact that “it has become easier to choose a measure of restraint in the form of detention in courts than to obtain a sanction from prosecutors” 3 , writes M.S. Shklyaruk is a former investigator and now an employee of the Institute for Law Enforcement Problems at the European University in St. Petersburg.
The judicial review of “control” materials also does not contain guarantees against the conveyor approach. This is evidenced, for example, expressed in the pages of German legal literature in the 1970-1990s.the opinions of the proceduralists on judicial control activities in Germany: “Arrests are often carried out without taking into account the principle of proportionality”; “Court orders often do not provide evidence at all, which should support the grounds for arrest and serious suspicion of a crime”; “The courts issuing the arrest order are largely or exclusively compelled to be guided by the materials of the police officer, the prosecutor’s inquiry, do not have the opportunity to check them and create an independent opinion, and therefore the decision to arrest is taken under the influence of these materials”; “More than 80% of all judicial arrest orders contained a reference to the possibility of the defendant’s escape as a basis, although only a small part of them actually tried to escape”; “Little depends on the law itself, since everything remains at the mercy of the routine approach to the case of judges and prosecutors” 4 .
Of course, one can compare the data of Russian judicial statistics and judicial statistics, say, in Ukraine, where, with the adoption in 2012 of the new Criminal Procedure Code, the institution of investigating judges appeared 5 . For example, in 2013, petitions for a person to be taken into custody as a measure of restraint were satisfied by Ukrainian investigating judges in 84% of cases (in Russia during the same period – in 91%), for a search in a home or other property – in 83%. cases (in Russia – in 96%), on the seizure of property – in 80% of cases (in Russia – in 87%) 6 .But it is hardly possible to make an unambiguous conclusion that the difference in the above indicators is due precisely to the presence of the institution of an investigating judge in Ukrainian legal proceedings, since with the adoption of the CCP 2012 in Ukraine, not only this institution appeared, but also fundamental changes in the entire judicial procedure were carried out (in including preliminary investigation, which is the “supplier” of materials for the implementation of judicial control).
Thus, the results of the control over the preliminary investigation and the institutional nature of the entity exercising such control are not in a direct causal relationship.The effectiveness of control actions is influenced not by the “factor of the subject”, but by the existing routine practices, which depend, among other things, on the state of the basic elements of legal proceedings. Without modernizing the latter, it is possible to introduce any procedural figure (investigating judge, judicial investigator, independent prosecutor, etc.), but this will not give a breakthrough effect. And it will draw off resources and create the appearance of reforms.
1 Smirnov A.V. Revival of the institution of investigating judges in the Russian criminal process.URL: http://www.iuaj.net/node/1723.
2 Judge Sergei Pashin: “Instead of a jury trial, the institute of people’s assessors may return to Russia.” URL: http: //antipytki.
ru/2015/01/27/sudya-sergej-pashin-vmesto-suda-prisyazhnyh-v-rossiyu-mozhet-vernutsy ….
3 Shklyaruk M.S. Objective truth – where will the Russian criminal trial go? // Bulletin of the International Association for the Advancement of Justice. 2015. No. 1.P. 130.
4 Cit.Quoted from: Filimonov B.A. Judicial control over arrest in the criminal process of the Federal Republic of Germany // Bulletin of the Moscow University. Series 11: Right. 1994. No. 3. P. 41–44.
5 Part 5 Art. 21 of the Law of Ukraine “On the Judicial System and the Status of Judges”. URL: http://zakon4.rada.gov.ua/laws/show/2453-17.
6 Data for Ukraine are calculated based on the information contained in section 5 “Consideration by the investigating judge of motions, complaints, statements during the pre-trial investigation” form 1-1 “Report of the courts of first instance on the consideration of criminal proceedings materials” for 2013.
The data for Russia are calculated based on the information contained in the report on the work of the courts of general jurisdiction for the consideration of criminal cases in the first instance for 2013.
Treasury Budget Execution – Department of Finance of the Administration of the Tazovsky District
Order of the Department of Finance of the Administration of the Tazovsky District No. 161 dated 05.12.2019
On approval of the Procedure for completing operations for the execution of the local budget in the current financial year
Order of the Department of Finance of the Administration of the Tazovsky District No. 77 of 14.06.2019
On approval of the Procedure for authorizing the payment of monetary obligations of recipients of funds from the budget of the municipal formation Tazovsky district and administrators of sources of financing the budget deficit of the municipal formation Tazovsky district
Order of the Finance Department of the Tazovsky District Administration dated April 18, 2018 No.
56
On amendments to the Procedure for accounting for budgetary obligations subject to fulfillment at the expense of the local budget
Order of the Finance Department of the Tazovsky District Administration dated March 30, 2018 No. 48
On amendments to the Procedure for opening, maintaining personal accounts and reflecting transactions on them in the Department of Finance of the Administration of the Tazovsky District
Order of the Finance Department of the Tazovsky District Administration dated June 13, 2017 No. 73
On amendments to the Procedure for drawing up and maintaining a cash plan for the budget of the municipal formation Tazovsky district, approving and communicating to the main administrators and recipients of budget funds the maximum amount of payment of monetary obligations in the corresponding period of the current financial year
Order of the Finance Department of the Tazovsky District Administration dated February 2, 2016 No.
6
On amendments to the Procedure for accounting for budgetary obligations subject to fulfillment at the expense of the local budget
Order of the Finance Department of the Tazovsky District Administration dated December 7, 2015 No. 338
On amendments to the order of the Finance Department dated December 12, 2014 No. 352 “On approval of the Procedure for completing operations for the execution of the budget of the municipal formation Tazovsky district in the current financial year”
Order of the Finance Department of the Tazovsky District Administration dated March 31, 2015 No. 62
On amendments to the Procedure for accounting for budgetary obligations subject to fulfillment at the expense of the local budget
Order of the Finance Department of the Tazovsky District Administration dated December 22, 2014 No. 362
On approval of the Procedure for drawing up and maintaining a cash plan of the budget of the municipal formation Tazovsky district, approving and communicating to the main administrators and recipients of budget funds the maximum amount of payment of monetary obligations in the corresponding period of the current financial year
Order of the Finance Department of the Tazovsky District Administration dated December 12, 2014 No. 352
“On approval of the Procedure for completing operations for the execution of the budget of the municipal formation Tazovsky district in the current financial year”
Order of the Department of Finance of the Administration of the Tazovsky District dated December 12, 2013 No. 366
“On approval of the Procedure for completing operations on the execution of the budget of the municipal formation Tazovsky district and budgets of settlements in the current financial year”
Order of the Finance Department of the Tazovsky District Administration dated April 23, 2013 No. 113
“On approval of the Procedure for opening, maintaining personal accounts and reflecting operations on them in the Finance Department of the Administration of the Tazovsky District”
Order of the Finance Department of the Tazovsky District Administration dated December 6, 2012 No. 230
“On approval of the Procedure for completing operations on the execution of the budget of the municipal formation Tazovsky district and budgets of settlements in the current financial year”
Order of the Finance Department of the Tazovsky District Administration dated January 24, 2012 No. 7
“On approval of the Procedure for accounting for budgetary obligations of recipients of local budget funds”
Order of the Department of Economics and Finance of the Administration of the Tazovsky District dated October 28, 2011 No. 288
“On approval of the procedure for the collection to the budget of the municipal formation Tazovsky district of the unused balances of subsidies provided to municipal budgetary institutions in the current financial year”
Order of the Department of Economics and Finance of the Administration of the Tazovsky District dated May 31, 2011 No. 150
“On approval of the Procedure for opening, maintaining personal accounts and reflecting operations on them in the Department of Economics and Finance of the Administration of the Tazovsky District”
Order of the Department of Economics and Finance of the Administration of the Tazovsky District dated May 23, 2011 No. 129
“On the application of electronic digital signature technology in the electronic document flow of the Department of Economics and Finance of the Administration of the Tazovsky region under the treasury system of budget execution”
Order of the Department of Economics and Finance of the Administration of the Tazovsky District dated May 19, 2011 No. 124
“On approval of the Procedure for authorizing the expenditures of municipal budgetary institutions of the municipality of Tazovsky district, the source of financial support for which are subsidies received in accordance with paragraph two of paragraph 1 of Article 78.1 and paragraph 5 of Article 79 of the Budget Code of the Russian Federation “
Order of the Department of Economics and Finance of the Administration of the Tazovsky District dated April 30, 2009 No. 50
“On approval of the Procedure for the execution of the budget of the municipal formation Tazovsky district according to sources of financing the budget deficit of the municipal formation Tazovsky district and authorizing the payment of monetary obligations to be fulfilled at the expense of budgetary appropriations according to sources of internal financing of the budget deficit of the municipal formation Tazovsky district” (as amended)
Order of the Department of Economics and Finance of the Administration of the Tazovsky District dated December 29, 2008 No. 327
“On approval of the Procedure for authorizing payment of monetary obligations of recipients of funds from the budget of the municipal formation Tazovsky district and budgets of settlements”
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90,000 SANCTIONS is … What is SANCTIONS?
- VALIDATION
to authorize.
Comprehensive Dictionary of Economics. – M .: Institute of New Economy.
A.N. Azrilian.
1997.
Synonyms for :
- SANCTIONS, ECONOMIC
- AUTHORIZATION OF BUDGET EXPENSES
See what “SANCTIONING” is in other dictionaries:
authorization – permission, permission, authorization, authorization, authorization, permission, approval, authorization, approval, approval Dictionary of Russian synonyms.authorization n., number of synonyms: 11 • permission (9) … Dictionary of synonyms
authorization – Granting the right to use the services of the system, for example, the right to access data. [Domarev V.V. Information technology security. Systematic approach.] Topics information security EN authorization… Technical translator’s guide
authorization – 2.8 authorization: Determination of the privileges for a specific identified user.Source: GOST R ISO / IEC TO 10032 2007: Reference model of data management … Dictionary-reference book of terms of normative and technical documentation
Authorization – cf. process of action on nesov. ch. to authorize the Explanatory Dictionary of Efremova. T.F. Efremova. 2000 … Efremova’s Modern Explanatory Dictionary of the Russian Language
authorization – authorization, authorization, authorization, authorization, authorization, authorization, authorization, authorization, authorization, authorization, authorization, authorization (Source: “Complete … … Word forms
authorization – authorization, I … Russian spelling dictionary
authorization – seeauthorize; I; Wed … Dictionary of many expressions
authorization – sanction / he / ir / ova / no / e [y / e] … Morphemic and spelling dictionary
authorization (in telecommunications) – authorization – [http: //www.iks media.ru/glossary/index.html?glossid=2400324] Telecommunication topics, basic concepts EN system authorization … Technical translator’s manual
authorization of actions – (ex.in emergency situations at nuclear power plants) [A.S. Goldberg. The English Russian Energy Dictionary. 2006] Energy topics in general EN authorization to proceedATP… Technical translator’s guide
Books
- Historical preparation for October. Part I: From February to October, Leon Trotsky.
