Search results for: banking regulation.
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 375

Search results for: banking regulation.

315 An Investigation of the Determinants of Knowledge Management Systems Success in Banking Industry

Authors: Nantapanuwat Nattapol, Ractham Peter, Kaewkittipong Laddawan

Abstract:

The efficient knowledge management system (KMS) is one of the important strategies to help firms to achieve sustainable competitive advantages, but little research has been conducted to understand what contributes to the KMS success. This study thus set to investigate the determinants of KMS success in the context of Thai banking industry. A questionnaire survey was conducted in four major Thai Banks to test the proposed KMS Success model. The result of this study shows that KMS use and user satisfaction relate significantly to the success of KMS, and knowledge quality, service quality and trust lead to system use, and knowledge quality, system quality and trust lead to user satisfaction. However, this research focuses only on system and user-related factors. Future research thus can extend to study factors such as management support and organization readiness.

Keywords: Knowledge, Knowledge Management, Knowledge Management system, Knowledge Management System Success, Banking Industry, Thailand

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314 The Impact of the General Data Protection Regulation on Human Resources Management in Schools

Authors: Alexandra Aslanidou

Abstract:

The General Data Protection Regulation (GDPR), concerning the protection of natural persons within the European Union with regard to the processing of personal data and on the free movement of such data, became applicable in the European Union (EU) on 25 May 2018 and transformed the way personal data were being treated under the Data Protection Directive (DPD) regime, generating sweeping organizational changes to both public sector and business. A social practice that is considerably influenced in the way of its day-to-day operations is Human Resource (HR) management, for which the importance of GDPR cannot be underestimated. That is because HR processes personal data coming in all shapes and sizes from many different systems and sources. The significance of the proper functioning of an HR department, specifically in human-centered, service-oriented environments such as the education field, is decisive due to the fact that HR operations in schools, conducted effectively, determine the quality of the provided services and consequently have a considerable impact on the success of the educational system. The purpose of this paper is to analyze the decisive role that GDPR plays in HR departments that operate in schools and in order to practically evaluate the aftermath of the Regulation during the first months of its applicability; a comparative use cases analysis in five highly dynamic schools, across three EU Member States, was attempted.

Keywords: General data protection regulation, human resource management, educational system.

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313 Apoptosis Pathway Targeted by Thymoquinone in MCF7 Breast Cancer Cell Line

Authors: M. Marjaneh, M. Y. Narazah, H. Shahrul

Abstract:

Array-based gene expression analysis is a powerful tool to profile expression of genes and to generate information on therapeutic effects of new anti-cancer compounds. Anti-apoptotic effect of thymoquinone was studied in MCF7 breast cancer cell line using gene expression profiling with cDNA microarray. The purity and yield of RNA samples were determined using RNeasyPlus Mini kit. The Agilent RNA 6000 NanoLabChip kit evaluated the quantity of the RNA samples. AffinityScript RT oligo-dT promoter primer was used to generate cDNA strands. T7 RNA polymerase was used to convert cDNA to cRNA. The cRNA samples and human universal reference RNA were labelled with Cy-3-CTP and Cy-5-CTP, respectively. Feature Extraction and GeneSpring softwares analysed the data. The single experiment analysis revealed involvement of 64 pathways with up-regulated genes and 78 pathways with downregulated genes. The MAPK and p38-MAPK pathways were inhibited due to the up-regulation of PTPRR gene. The inhibition of p38-MAPK suggested up-regulation of TGF-ß pathway. Inhibition of p38-MAPK caused up-regulation of TP53 and down-regulation of Bcl2 genes indicating involvement of intrinsic apoptotic pathway. Down-regulation of CARD16 gene as an adaptor molecule regulated CASP1 and suggested necrosis-like programmed cell death and involvement of caspase in apoptosis. Furthermore, down-regulation of GPCR, EGF-EGFR signalling pathways suggested reduction of ER. Involvement of AhR pathway which control cytochrome P450 and glucuronidation pathways showed metabolism of Thymoquinone. The findings showed differential expression of several genes in apoptosis pathways with thymoquinone treatment in estrogen receptor-positive breast cancer cells.

Keywords: CARD16, CASP10, cDNA microarray, PTPRR, Thymoquinone.

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312 Efficiency of the Slovak Commercial Banks Applying the DEA Window Analysis

Authors: Iveta Řepková

Abstract:

The aim of this paper is to estimate the efficiency of the Slovak commercial banks employing the Data Envelopment Analysis (DEA) window analysis approach during the period 2003-2012. The research is based on unbalanced panel data of the Slovak commercial banks. Undesirable output was included into analysis of banking efficiency. It was found that most efficient banks were Postovabanka, UniCredit Bank and Istrobanka in CCR model and the most efficient banks were Slovenskasporitelna, Istrobanka and UniCredit Bank in BCC model. On contrary, the lowest efficient banks were found Privatbanka and CitiBank. We found that the largest banks in the Slovak banking market were lower efficient than medium-size and small banks. Results of the paper is that during the period 2003-2008 the average efficiency was increasing and then during the period 2010-2011 the average efficiency decreased as a result of financial crisis.

Keywords: Data Envelopment Analysis, efficiency, Slovak banking sector, window analysis.

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311 Efficacy of Polyfluoroalkyl Substances Filtration with Low-Cost Organic Fiber Filter

Authors: Gautham Das, Edward Morrone, Erik Treble, Clinton Binder

Abstract:

The purpose of this study was to evaluate the efficacy of a low-cost filter regarding per- and polyfluoroalkyl substances (PFAS). PFAS is a commonly used man-made chemical that can be found in a variety of household and industrial products with deleterious effects on humans. The filter consists of a combination of low-cost materials which could be locally procured. Water testing results for 4 different PFAS contaminants indicated that for Perfluorooctane sulfonic acid (PFOS), the Agency for Toxic Substances and Disease Registry (ATSDR) regulation is 7 ppt, the initial concentration was 15 ppt, and the final concentration was 3.9 ppt. For Perfluorononanoic acid (PFNA), the ATSDR regulation is 10.5 ppt, the initial concentration was 15 ppt, and the final concentration was 3.9 ppt. For Perfluorooctanoic acid (PFOA), the ATSDR regulation is 11 ppt, the initial concentration was 15 ppt, and the final concentration was 3.9 ppt. For Perfluorohexane sulfonic acid (PFHxS), the ATSDR regulation is 70 ppt, the initial concentration was 15 ppt, and the final concentration was 3.9 ppt. The results indicated a 74% reduction in PFAS concentration in filtered samples. Statistical data through regression analysis showed 0.9 validity of the sample data. Initial tests show the efficiency of the proposed filter described could be far greater if tested at a greater scale. It is highly recommended further testing to be conducted to validate the data for an innovative solution to a ubiquitous problem.

Keywords: PFAS, PFOS, PFOA, PFHxS, low-cost filter.

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310 Fair Value Implementation of Financial Asset: Evidence in Indonesia’s Banking Sector

Authors: Alhamdi Alfi Fajri

Abstract:

The purpose of this study is to analyze and to give empirical proof about the effect of fair value implementation on financial asset against information asymmetry in Indonesia’s banking sector. This research tested the effect of fair value implementation on financial asset based on Statement of Financial Accounting Standard (PSAK) No. 55 and the fair value reliability measurement based on PSAK No. 60 against level of information asymmetry. The scope of research is Indonesia’s banking sector. The test’s result shows that the use of fair value based on PSAK No. 55 is significantly associated with information asymmetry. This positive relation is higher than the amortized cost implementation on financial asset. In addition, the fair value hierarchy based on PSAK No. 60 is significantly associated with information asymmetry. This research proves that the more reliable measurement of fair value on financial asset, the more observable fair value measurement and reduces level of information asymmetry.

Keywords: Fair value, PSAK No. 55, PSAK No. 60, information asymmetry, banks.

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309 Shariah Views on the Components of Profit Rate in Al-Murabahah Asset Financing in Malaysian Islamic Bank

Authors: M. Pisol B Mat Isa, Asmak Ab Rahman, Hezlina Bt M Hashim, Abd Mutalib B Embong

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Al-Murabahah is an Islamic financing facility used in asset financing, the profit rate of the contract is determined by components which are also being used in the conventional banking. Such are cost of fund, overhead cost, risk premium cost and bank-s profit margin. At the same time, the profit rate determined by Islamic banking system also refers to Inter-Bank Offered Rate (LIBOR) in London as a benchmark. This practice has risen arguments among Muslim scholars in term of its validity of the contract; whether the contract maintains the Shariah compliance or not. This paper aims to explore the view of Shariah towards the above components practiced by Islamic Banking in determining the profit rate of al-murabahah asset financing in Malaysia. This is a comparative research which applied the views of Muslim scholars from all major mazahibs in Islamic jurisprudence and examined the practices by Islamic banks in Malaysia for the above components. The study found that the shariah accepts all the components with conditions. The cost of fund is accepted as a portion of al-mudarabah-s profit, the overhead cost is accepted as a cost of product, risk premium cost consist of business risk and mitigation risk are accepted through the concept of alta-awun and bank-s profit margin is accepted as a right of bank after venturing in risky investment.

Keywords: Islamic banking, Islamic finance, al-murabahah and asset financing

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308 Measuring Banks’ Antifragility via Fuzzy Logic

Authors: Danielle Sandler dos Passos, Helder Coelho, Flávia Mori Sarti

Abstract:

Analysing the world banking sector, we realize that traditional risk measurement methodologies no longer reflect the actual scenario with uncertainty and leave out events that can change the dynamics of markets. Considering this, regulators and financial institutions began to search more realistic models. The aim is to include external influences and interdependencies between agents, to describe and measure the operationalization of these complex systems and their risks in a more coherent and credible way. Within this context, X-Events are more frequent than assumed and, with uncertainties and constant changes, the concept of antifragility starts to gain great prominence in comparison to others methodologies of risk management. It is very useful to analyse whether a system succumbs (fragile), resists (robust) or gets benefits (antifragile) from disorder and stress. Thus, this work proposes the creation of the Banking Antifragility Index (BAI), which is based on the calculation of a triangular fuzzy number – to "quantify" qualitative criteria linked to antifragility.

Keywords: Complex adaptive systems, X-events, risk management, antifragility, banking antifragility index, triangular fuzzy number.

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307 Selection of Wind Farms to Add Virtual Inertia Control to Assist the Power System Frequency Regulation

Authors: W. Du, X. Wang, Jun Cao, H. F. Wang

Abstract:

Due to the randomness and uncertainty of wind energy, modern power systems integrating large-scale wind generation will be significantly impacted in terms of system performance and technical challenges. System inertia with high wind penetration is decreasing when conventional thermal generators are gradually replaced by wind turbines, which do not naturally contribute to inertia response. The power imbalance caused by wind power or demand fluctuations leads to the instability of system frequency. Accordingly, the need to attach the supplementary virtual inertia control to wind farms (WFs) strongly arises. When multi-wind farms are connected to the grid simultaneously, the selection of which critical WFs to install the virtual inertia control is greatly important to enhance the stability of system frequency. By building the small signal model of wind power systems considering frequency regulation, the installation locations are identified by the geometric measures of the mode observability of WFs. In addition, this paper takes the impacts of grid topology and selection of feedback control signals into consideration. Finally, simulations are conducted on a multi-wind farms power system and the results demonstrate that the designed virtual inertia control method can effectively assist the frequency regulation.

Keywords: Frequency regulation, virtual inertia control, installation locations, observability, wind farms.

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306 The Transient Reactive Power Regulation Capability of SVC for Large Scale WECS Connected to Distribution Networks

Authors: Y. Ates, A. R. Boynuegri, M. Uzunoglu, A. Karakas

Abstract:

The recent interest in alternative and renewable energy systems results in increased installed capacity ratio of such systems in total energy production of the world. Specifically, Wind Energy Conversion Systems (WECS) draw significant attention among possible alternative energy options, recently. On the contrary of the positive points of penetrating WECS in all over the world in terms of environment protection, energy independence of the countries, etc., there are significant problems to be solved for the grid connection of large scale WECS. The reactive power regulation, voltage variation suppression, etc. can be presented as major issues to be considered in this regard. Thus, this paper evaluates the application of a Static VAr Compensator (SVC) unit for the reactive power regulation and operation continuity of WECS during a fault condition. The system is modeled employing the IEEE 13 node test system. Thus, it is possible to evaluate the system performance with an overall grid simulation model close to real grid systems. The overall simulation model is developed in MATLAB/Simulink/SimPowerSystems® environments and the obtained results effectively match the target of the provided study.

Keywords: IEEE 13 bus distribution system, reactive power regulation, static VAr compensator, wind energy conversion system.

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305 Power Management Strategy for Solar-Wind-Diesel Stand-alone Hybrid Energy System

Authors: Md. Aminul Islam, Adel Merabet, Rachid Beguenane, Hussein Ibrahim

Abstract:

This paper presents a simulation and mathematical model of stand-alone solar-wind-diesel based hybrid energy system (HES). A power management system is designed for multiple energy resources in a stand-alone hybrid energy system. Both Solar photovoltaic and wind energy conversion system consists of maximum power point tracking (MPPT), voltage regulation, and basic power electronic interfaces. An additional diesel generator is included to support and improve the reliability of stand-alone system when renewable energy sources are not available. A power management strategy is introduced to distribute the generated power among resistive load banks. The frequency regulation is developed with conventional phase locked loop (PLL) system. The power management algorithm was applied in Matlab®/Simulink® to simulate the results.

Keywords: Solar photovoltaic, wind energy, diesel engine, hybrid energy system, power management, frequency and voltage regulation.

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304 Database Modelling Using WSML in the Specification of a Banking Application

Authors: Omid Sharifi, Member, ACM, Zeki Bayram, Member, ACM

Abstract:

We demonstrate through a sample application, Ebanking, that the Web Service Modelling Language Ontology component can be used as a very powerful object-oriented database design language with logic capabilities. Its conceptual syntax allows the definition of class hierarchies, and logic syntax allows the definition of constraints in the database. Relations, which are available for modelling relations of three or more concepts, can be connected to logical expressions, allowing the implicit specification of database content. Using a reasoning tool, logic queries can also be made against the database in simulation mode.

Keywords: Semantic web, ontology, E-banking, database, WSML, WSMO, E-R diagram.

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303 Performance Improvement of Information System of a Banking System Based on Integrated Resilience Engineering Design

Authors: S. H. Iranmanesh, L. Aliabadi, A. Mollajan

Abstract:

Integrated resilience engineering (IRE) is capable of returning banking systems to the normal state in extensive economic circumstances. In this study, information system of a large bank (with several branches) is assessed and optimized under severe economic conditions. Data envelopment analysis (DEA) models are employed to achieve the objective of this study. Nine IRE factors are considered to be the outputs, and a dummy variable is defined as the input of the DEA models. A standard questionnaire is designed and distributed among executive managers to be considered as the decision-making units (DMUs). Reliability and validity of the questionnaire is examined based on Cronbach's alpha and t-test. The most appropriate DEA model is determined based on average efficiency and normality test. It is shown that the proposed integrated design provides higher efficiency than the conventional RE design. Results of sensitivity and perturbation analysis indicate that self-organization, fault tolerance, and reporting culture respectively compose about 50 percent of total weight.

Keywords: Banking system, data envelopment analysis, DEA, integrated resilience engineering, IRE, performance evaluation, perturbation analysis.

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302 The Key Challenges of the New Bank Regulations

Authors: Petr Teply

Abstract:

The New Basel Capital Accord (Basel II) influences how financial institutions around the world, and especially European Union institutions, determine the amount of capital to reserve. However, as the recent global crisis has shown, the revision of Basel II is needed to reflect current trends, such as increased volatility and correlation, in the world financial markets. The overall objective of Basel II is to increase the safety and soundness of the international financial system. Basel II builds on three main pillars: Pillar I deals with the minimum capital requirements for credit, market and operational risk, Pillar II focuses on the supervisory review process and finally Pillar III promotes market discipline through enhanced disclosure requirements for banks. The aim of this paper is to provide the historical background, key features and impact of Basel II on financial markets. Moreover, we discuss new proposals for international bank regulation (sometimes referred to as Basel III) which include requirements for higher quality, constituency and transparency of banks' capital and risk management, regulation of OTC markets and introduction of new liquidity standards for internationally active banks.

Keywords: Basel II, Basel III, risk management, bank regulation

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301 A Model of Market Segmentation for the Customers of Mellat Bank in Iran

Authors: Nader Gharibnavaz, Hossein Yazdi

Abstract:

If organizations like Mellat Bank want to identify its customer market completely to reach its specified goals, it can segment the market to offer the product package to the right segment. Our objective is to offer a segmentation model for Iran banking market in Mellat bank view. The methodology of this project is combined by “segmentation on the basis of four part-quality variables" and “segmentation on the basis of different in means". Required data are gathered from E-Systems and researcher personal observation. Finally, the research offers the organization that at first step form a four dimensional matrix with 756 segments using four variables named value-based, behavioral, activity style, and activity level, and at the second step calculate the means of profit for every cell of matrix in two distinguished work level (levels α1:normal condition and α2: high pressure condition) and compare the segments by checking two conditions that are 1- homogeneity every segment with its sub segment and 2- heterogeneity with other segments, and so it can do the necessary segmentation process. After all, the last offer (more explained by an operational example and feedback algorithm) is to test and update the model because of dynamic environment, technology, and banking system.

Keywords: market segmentation model, banking system, Mellat bank

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300 Frequency Regulation Support by Variable-Speed Wind Turbines and SMES

Authors: M. Saleh, H. Bevrani

Abstract:

This paper quantifies the impact of providing a shortterm excess active power support of a variable speed wind turbine (VSWT) and effect of super magnetic energy storage (SMES) unit on frequency control, particularly temporary minimum frequency (TMF) term. To demonstrate the effect of these factors on the power system frequency, a three-area power system is considered as a test system.

Keywords: Frequency regulation, inertia, primary frequencycontrol, rotational energy, variable speed wind turbine.

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299 The Influence of the Intellectual Capital on the Firms’ Market Value: A Study of Listed Firms in the Tehran Stock Exchange (TSE)

Authors: Bita Mashayekhi, Seyed Meisam Tabatabaie Nasab

Abstract:

Intellectual capital is one of the most valuable and important parts of the intangible assets of enterprises especially in knowledge-based enterprises. With respect to increasing gap between the market value and the book value of the companies, intellectual capital is one of the components that can be placed in this gap. This paper uses the value added efficiency of the three components, capital employed, human capital and structural capital, to measure the intellectual capital efficiency of Iranian industries groups, listed in the Tehran Stock Exchange (TSE), using a 8 years period data set from 2005 to 2012. In order to analyze the effect of intellectual capital on the market-to-book value ratio of the companies, the data set was divided into 10 industries, Banking, Pharmaceutical, Metals & Mineral Nonmetallic, Food, Computer, Building, Investments, Chemical, Cement and Automotive, and the panel data method was applied to estimating pooled OLS. The results exhibited that value added of capital employed has a positive significant relation with increasing market value in the industries, Banking, Metals & Mineral Nonmetallic, Food, Computer, Chemical and Cement, and also, showed that value added efficiency of structural capital has a positive significant relation with increasing market value in the Banking, Pharmaceutical and Computer industries groups. The results of the value added showed a negative relation with the Banking and Pharmaceutical industries groups and a positive relation with computer and Automotive industries groups. Among the studied industries, computer industry has placed the widest gap between the market value and book value in its intellectual capital.

Keywords: Capital Employed, Human Capital, Intellectual Capital, Market-to-Book Value, Structural Capital, Value Added Efficiency.

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298 A PWM Controller with Multiple-Access Table Look-up for DC-DC Buck Conversion

Authors: Steve Hung-Lung Tu, Chu-Tse Lee

Abstract:

A new power regulator controller with multiple-access PID compensator is proposed, which can achieve a minimum memory requirement for fully table look-up. The proposed regulator controller employs hysteresis comparators, an error process unit (EPU) for voltage regulation, a multiple-access PID compensator and a lowpower- consumption digital PWM (DPWM). Based on the multipleaccess mechanism, the proposed controller can alleviate the penalty of large amount of memory employed for fully table look-up based PID compensator in the applications of power regulation. The proposed controller has been validated with simulation results.

Keywords: Multiple access, PID compensator, PWM, Buck conversion.

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297 Proposals for the Thermal Regulation of Buildings in Algeria: An Energy Label for Social Housing

Authors: Marco Morini, Nicolandrea Calabrese, Dario Chello

Abstract:

Despite the international commitment of Algeria towards the development of energy efficiency and renewable energy in the country, the internal energy demand has been continuously growing during the last decade due to the substantial increase of population and of living conditions, which in turn has led to an unprecedented expansion of the residential building sector. The RTB (Thermal Building Regulation) is the technical document that establishes the calculation framework for the thermal performance of buildings in Algeria, setting up minimum obligatory targets for the thermal performance of new buildings. An update of this regulation is due in the coming years and this paper discusses some proposals in this regard, with the aim to improve the energy efficiency of the building sector, particularly with regard to social housing. In particular, it proposes a methodology for drafting an energy performance label of new Algerian residential buildings, moving from the results of the thermal compliance verification and sizing of technical systems as defined in the RTB. Such an energy performance label – whose calculation method is briefly described in the paper – aims to raise citizens' awareness of the benefits of energy efficiency. It can represent the first step in a process of integrating technical installations into the calculation of the energy performance of buildings in Algeria.

Keywords: building, energy certification, energy efficiency, social housing, international cooperation, Mediterranean Region

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296 Owner/Managers’ External Financing Used and Preference towards Islamic Banking

Authors: Khalid Hassan Abdesamed, Kalsom Abd Wahab

Abstract:

Economic development and growth are significantly linked to the consistent and sustainable sector of small and medium enterprises (SMEs). Banks are the frontrunners in financing and advising SMEs. The main objective of the study is to assess the tendency of SMEs to use the Islamic bank. Model was developed using quantitative method with a hypothetical-deductive testing approach. Model (N = 364) used primary data on the tendency of SMEs to use Islamic banks gathered from questionnaire. It is found by Mann-Whitney test that the tendency to use Islamic bank varies between those firms which consider formal financing with the ones relying on informal financing with the latter tends more to use Islamic bank. This study can serve academic researchers, policy makers, and developing countries as a model of SMEs’ desirability to Islamic banking.

Keywords: Formal financing, informal financing, Islamic bank, SMEs.

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295 The Role of Banks Funding and Promoting the Foreign Trade: Case of Turkey

Authors: Mikail Altan

Abstract:

International trust takes first place in the development of foreign trade in the country. They see an important role in ensuring that trust. Various payment methods that are developed in the banking system provide fast and reliable way to execution and promote foreign trade by financing the foreign trade. In this study, we investigate the influence of bank on foreign trade in Turkey. 26 years of data for 1990-2015 period have been used in this study. After correlation analysis, a simple regression model was established. Payment methods that are developed in the banking system make a positive contribution in Turkey’s foreign trade volume. In addition, the export of Turkey was affected positively more than import’s by these payment methods.

Keywords: Banks, export, foreign trade, import.

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294 The Role of Private Equity during Global Crises

Authors: Libena Cernohorska, Veronika Linhartova, Michal Sinka, Petr Teply

Abstract:

The term private equity usually refers to any type of equity investment in an asset in which the equity is not freely tradable on a public stock market. Some researchers believe that private equity contributed to the extent of the crisis and increased the pace of its spread over the world. We do not agree with this. On the other hand, we argue that during the economic recession private equity might become an important source of funds for firms with special needs (e.g. for firms seeking buyout financing, venture capital, expansion capital or distress debt financing). However, over-regulation of private equity in both the European Union and the US can slow down this specific funding channel to the economy and deepen credit crunch during global crises.

Keywords: scredit lunch, distress debt, global crisis, private equity, regulation

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293 A Robust Approach to the Load Frequency Control Problem with Speed Regulation Uncertainty

Authors: S. Z. Sayed Hassen

Abstract:

The load frequency control problem of power systems has attracted a lot of attention from engineers and researchers over the years. Increasing and quickly changing load demand, coupled with the inclusion of more generators with high variability (solar and wind power generators) on the network are making power systems more difficult to regulate. Frequency changes are unavoidable but regulatory authorities require that these changes remain within a certain bound. Engineers are required to perform the tricky task of adjusting the control system to maintain the frequency within tolerated bounds. It is well known that to minimize frequency variations, a large proportional feedback gain (speed regulation constant) is desirable. However, this improvement in performance using proportional feedback comes about at the expense of a reduced stability margin and also allows some steady-state error. A conventional PI controller is then included as a secondary control loop to drive the steadystate error to zero. In this paper, we propose a robust controller to replace the conventional PI controller which guarantees performance and stability of the power system over the range of variation of the speed regulation constant. Simulation results are shown to validate the superiority of the proposed approach on a simple single-area power system model.

Keywords: Robust control, power system, integral action, minimax LQG control.

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292 Article 5 (3) of the Brussels I Regulation and Its Applicability in the Case of Intellectual Property Rights Infringement on the Internet

Authors: Nataliya Hitsevich

Abstract:

Article 5(3) of the Brussels I Regulation provides that a person domiciled in a Member State may be sued in another Member State in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful events occurred or may occur. For a number of years Article 5 (3) of the Brussels I Regulation has been at the centre of the debate regarding the intellectual property rights infringement over the Internet. Nothing has been done to adapt the provisions relating to non-internet cases of infringement of intellectual property rights to the context of the Internet. The author’s findings indicate that in the case of intellectual property rights infringement on the Internet, the plaintiff has the option to sue either: the court of the Member State of the event giving rise to the damage: where the publisher of the newspaper is established; the court of the Member State where the damage occurred: where defamatory article is distributed. However, it must be admitted that whilst infringement over the Internet has some similarity to multi-State defamation by means of newspapers, the position is not entirely analogous due to the cross-border nature of the Internet. A simple example which may appropriately illustrate its contentious nature is a defamatory statement published on a website accessible in different Member States, and available in different languages. Therefore, we need to answer the question: how these traditional jurisdictional rules apply in the case of intellectual property rights infringement over the Internet? Should these traditional jurisdictional rules be modified?

Keywords: Intellectual property rights, infringement, Internet, jurisdiction.

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291 Groundwater Management–A Policy Perspective

Authors: M. Annie Jenifer, Carolin Arul

Abstract:

Groundwater has become the most dependable source of fresh water for agriculture, domestic and industrial uses in the past few decades. This wide use of groundwater if left uncontrolled and unseen will lead to overexploitation causing sea water intrusion in the coastal areas and illegal water marketing. Several Policies and Acts have been enacted to regulate and manage the use of this valuable resource. In spite of this the over extraction of groundwater beyond the recharging capacity of aquifers and depletion in the quality of groundwater is continuing. The current study aims at reviewing the Acts and Policies existing in the State of Tamil Nadu and in the National level regarding groundwater regulation and management. Further an analysis is made on the rights associated with the usage of groundwater resources and the gaps in these policies have been analyzed. Some suggestions are made to reform the existing groundwater policies for better management and regulation of the resource.

Keywords: Act, groundwater, policy, reform

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290 Banking Union: A New Step towards Completing the Economic and Monetary Union

Authors: Marijana Ivanov, Roman Šubić

Abstract:

This study analyzes the critical gaps in the architecture of European stability and the expected role of the banking union as the new important step towards completing the Economic and Monetary Union that should enable the creation of safe and sound financial sector for the euro area market. The single rulebook together with the Single Supervisory Mechanism and the Single Resolution Mechanism - as two main pillars of the banking union, should provide a consistent application of common rules and administrative standards for supervision, recovery and resolution of banks – with the final aim of replacing the former bail-out practice with the bail-in system through which possible future bank failures would be resolved by their own funds, i.e. with minimal costs for taxpayers and real economy. In this way, the vicious circle between banks and sovereigns would be broken. It would also reduce the financial fragmentation recorded in the years of crisis as the result of divergent behaviors in risk premium, lending activities and interest rates between the core and the periphery. In addition, it should strengthen the effectiveness of monetary transmission channels, in particular the credit channels and overflows of liquidity on the money market which, due to the fragmentation of the common financial market, has been significantly disabled in period of crisis. However, contrary to all the positive expectations related to the future functioning of the banking union, major findings of this study indicate that characteristics of the economic system in which the banking union will operate should not be ignored. The euro area is an integration of strong and weak entities with large differences in economic development, wealth, assets of banking systems, growth rates and accountability of fiscal policy. The analysis indicates that low and unbalanced economic growth remains a challenge for the maintenance of financial stability and this problem cannot be resolved just by a single supervision. In many countries bank assets exceed their GDP by several times and large banks are still a matter of concern, because of their systemic importance for individual countries and the euro zone as a whole. The creation of the Single Supervisory Mechanism and the Single Resolution Mechanism is a response to the European crisis, which has particularly affected peripheral countries and caused the associated loop between the banking crisis and the sovereign debt crisis, but has also influenced banks’ balance sheets in the core countries, as the result of crossborder capital flows. The creation of the SSM and the SRM should prevent the similar episodes to happen again and should also provide a new opportunity for strengthening of economic and financial systems of the peripheral countries. On the other hand, there is a potential threat that future focus of the ECB, resolution mechanism and other relevant institutions will be extremely oriented towards large and significant banks (whereby one half of them operate in the core and most important euro area countries), and therefore it remains questionable to what extent will the common resolution funds will be used for rescue of less important institutions. Recent geopolitical developments will be the optimal indicator to show whether the previously established mechanisms are sufficient enough to maintain the adequate financial stability in the euro area market.

Keywords: Banking Union, financial integration, single supervisory mechanism (SSM).

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289 Dimensioning of Subsynchronous Cascade for Speed Regulation of Two-Motors 6kv Conveyer Drives

Authors: M. Kasumović, A. Hodžić, M. Tešanović

Abstract:

One way for optimum loading of overdimensioning conveyers is speed (capacity) decrement, with attention for production capabilities and demands. At conveyers which drives with three phase slip-ring induction motor, technically reasonable solution for conveyer (driving motors) speed regulation is using constant torque subsynchronous cascade with static semiconductor converter and transformer for energy reversion to the power network. In the paper is described mathematical model for parameter calculation of two-motors 6 kV subsynchronous cascade. It is also demonstrated that applying of this cascade gave several good properties, foremost in electrical energy saving, also in improving of other energy indexes, and finally that results in cost reduction of complete electrical motor drive.

Keywords: Conveyer with rubber belt, electrical motor drive, sub synchronous cascade

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288 The Analysis of Regulation on Sustainability in Financial Sector in Lithuania

Authors: D. Kubiliute

Abstract:

The Republic of Lithuania is known as a trusted location for global business institutions and it attracts investors with its competitive environment for financial service providers. Along with the aspiration to offer a strong results-oriented and innovations-driven environment for financial service providers, Lithuanian regulatory authorities consistently implement the European Union's high regulatory standards for financial activities including sustainability-related disclosures. Since the European Union directed its policy towards transition to a climate-neutral, green, competitive and inclusive economy, additional regulatory requirements for financial market participants are adopted: disclosure of sustainable activities, transparency, prevention of greenwashing, and other. The financial sector is one of the key factors influencing the implementation of sustainability objectives in the European Union policies and mitigating the negative effects of climate change – public funds are not enough to make a significant impact on sustainable investments, therefore directing public and private capital to green projects may help to finance the necessary changes. The topic of the study is original and has not yet been widely analyzed in Lithuanian legal discourse. There are used quantitative and qualitative methodologies, logical, systematic and critical analysis principles, hence the aim of this study is to reveal the problematic of the implementation of regulation on sustainability in the Lithuanian financial sector. Additional regulatory requirements could cause serious changes in financial business operations: additional funds, employees and time have to be dedicated in order the companies could implement these regulations. Lack of knowledge and data on how to implement new regulatory requirements towards sustainable reporting causes a lot of uncertainty for financial market participants. And for some companies it might even be an essential point in terms of business continuity. It is considered that the supervisory authorities should find a balance between financial market needs and legal regulation.

Keywords: Financial, market participant, legal, regulation, sustainability.

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287 Six Sigma Assessment in the Latvian Commercial Banking Sector

Authors: J. Erina, I. Erins

Abstract:

The goals of the present research are to estimate Six Sigma implementation in Latvian commercial banks and to identify the perceived benefits of its implementation. To achieve the goals, the authors used sequential explanatory method. To obtain empirical data, the authors have developed the questionnaire and adapted it for the employees of Latvian commercial banks. The questions are related to Six Sigma implementation and its perceived benefits. The questionnaire mainly consists of closed questions, the evaluation of which is based on 5 point Likert scale. The obtained empirical data has shown that of the two hypotheses put forward in the present research – Hypothesis 1 – has to be rejected, while Hypothesis 2 has been partially confirmed. The authors have also faced some research limitations related to the fact that the participants in the questionnaire belong to different rank of the organization hierarchy.

Keywords: Six Sigma, Quality, Commercial banking sector, Latvia.

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286 Main Tendencies of Youth Unemployment and the Regulation Mechanisms for Decreasing Its Rate in Georgia

Authors: Nino Paresashvili, Nino Abesadze

Abstract:

The modern world faces huge challenges. Globalization changed the socio-economic conditions of many countries. The current processes in the global environment have a different impact on countries with different cultures. However, an alleviation of poverty and improvement of living conditions is still the basic challenge for the majority of countries, because much of the population still lives under the official threshold of poverty. It is very important to stimulate youth employment. In order to prepare young people for the labour market, it is essential to provide them with the appropriate professional skills and knowledge. It is necessary to plan efficient activities for decreasing an unemployment rate and for developing the perfect mechanisms for regulation of a labour market. Such planning requires thorough study and analysis of existing reality, as well as development of corresponding mechanisms. Statistical analysis of unemployment is one of the main platforms for regulation of the labour market key mechanisms. The corresponding statistical methods should be used in the study process. Such methods are observation, gathering, grouping, and calculation of the generalized indicators. Unemployment is one of the most severe socioeconomic problems in Georgia. According to the past as well as the current statistics, unemployment rates always have been the most problematic issue to resolve for policy makers. Analytical works towards to the above-mentioned problem will be the basis for the next sustainable steps to solve the main problem. The results of the study showed that the choice of young people is not often due to their inclinations, their interests and the labour market demand. That is why the wrong professional orientation of young people in most cases leads to their unemployment. At the same time, it was shown that there are a number of professions in the labour market with a high demand because of the deficit the appropriate specialties. To achieve healthy competitiveness in youth employment, it is necessary to formulate regional employment programs with taking into account the regional infrastructure specifications.

Keywords: Unemployment. analysis, methods, tendencies, regulation mechanisms.

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