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1
Ovchinnikova, A. A. „DEFINITION OF THE BODY AUTHORIZED TO REPRESENT A PUBLIC LEGAL ENTITY IN THE FRAMEWORK OF A RECOURSE ACTION AGAINST A GUILTY OFFICIAL“. Vestnik of Khabarovsk State University of Economics and Law, Nr. 1-2 (20.10.2020): 147–50. http://dx.doi.org/10.38161/2618-9526-2020-1-2-14.
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Radulova, Natalya. „Contents of the preparing a deceased coronavirus (covid-19) patient’s body for transfer to the pathology department by an authorized healthcare provider standard operating procedure“. Medsestra (Nurse), Nr. 7 (01.07.2020): 18–20. http://dx.doi.org/10.33920/med-05-2007-03.
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This standard operating procedure (SOP) determines the procedure for preparing the body of a deceased person with a coronavirus infection (COVID-19) for transfer to a pathological department of the authorized medical organization.
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Kaczyńska-Kral, Agata M. „Spór kompetencyjny Ministra Cyfryzacji oraz Prezesa Urzędu Ochrony Danych Osobowych na podstawie art. 33 Prawa przedsiębiorców“. Studia Iuridica 77 (20.03.2019): 59–67. http://dx.doi.org/10.5604/01.3001.0013.1866.
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On the basis of the Polish law of entrepreneurs, a competency dispute arose between the Minister of Digitization and the President of the Office of Personal Data Protection. Both authorities deem it appropriate to interpret GDPR. The Minister of Digitization believes that he is authorized because of the rights to create a policy in the field of personal data protection. The President of the Office for Personal Data Protection believes that he is authorized as a supervisory body according to GDRP and the competent authority for the protection of personal data. Due to the fact that the GDPR is an act of a higher rank than the Polish law, it is necessary to admit to the supervisory body that it is the only person entitled to a binding interpretation of GDPR regulations.
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Adam, Murat. „Taxation of Digital Companies: Experience of Russia and Other CountriesLegal Regulation of Non-Judicial Methods of Consideration and Resolution of Tax Disputes: Tax Ombudsman, Tax Arbitration and Mediation in Tax Disputes“. Financial Law Review, Nr. 22 (2) (2021): 129–47. http://dx.doi.org/10.4467/22996834flr.21.016.14106.
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Probably, as in any state, in the sphere of legal regulation of relations between business and the state, the public interests of the state are always above the private interests of business. Any democratic and legal state, including Kazakhstan, is based on the principles of equality of all before the law and the court, as well as the rule of law. The tax legislation of Kazakhstan does not provide for a legal mechanism for the consideration of tax disputes arising between a taxpayer and an authorized state body by any non-judicial organizations. All tax disputes are subject to consideration on complaints of the taxpayer to the higher authorized tax authority and only after receiving the decision of the higher state body, this dispute can be referred to the court. This paper deals with problematic issues of tax law related to the attribution of all tax disputes to consideration exclusively by the higher authorized tax authority and later by the court, which always guard the interests of the state, which in practice causes distrust of businessmen and investors to the state. In this regard, this paper examines out-of-court methods of resolving tax disputes, international experience in resolving tax disputes by out-of-court organizations.
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Олена Олександрівна Конопельцева. „Employee’s state of health as a reason for termination of an employment contract at the initiative of the employer“. Problems of Legality, Nr. 149 (09.06.2020): 80–91. http://dx.doi.org/10.21564/2414-990x.149.199961.
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The grounds on which the employer is allowed to terminate the employment contract with the employee are considered if the employee's inconsistency with the position or job is established. It is emphasized that dismissal of an employee is allowed in case of a discrepancy due to a state of health, which hinders the continuation of this work, if it is impossible to transfer him to an easier job due to the absence of a vacant job or refusal to transfer. A characteristic feature of dismissing an employee due to poor health is the lack of guilt. The inability of the employee to perform his or her work duties is linked to the state of health and does not depend on his will and desire, and therefore cannot be blamed on him. The article proves that temporary disability cannot be considered as a reason to dismiss a worker.According to the medical report, the owner or his authorized body must transfer such persons with their consent to such work temporarily or without a time limit. Such transfer of an employee is possible under the conditions on which both medical and legal basis can be.In the case of refusal of the employee to transfer or absence at the enterprise of work that he could perform without harm to his health, the owner or his authorized body may raise the issue of his dismissal in due course due to the found inconsistency of the occupied position or performed work due to a state of health that impedes the continuation of this work (paragraph 2 of Article 40 of the Labor Code of Ukraine). Such dismissal shall be allowed in the exceptional cases where the owner or his authorized body really does not have the opportunity to transfer the employee upon his or her consent to another job according to a medical report.
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Smolak, Marek. „Od kultury władzy do kultury uzasadniania. Doświadczenia południowoafrykańskie“. Przegląd Prawa i Administracji 110 (30.11.2017): 83–94. http://dx.doi.org/10.19195/0137-1134.110.6.
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FROM THE CULTURE OF AUTHORITY TO THE CULTURE OF JUSTIFICATION. SOUTH AFRICAN EXPERIENCES The article focuses on gradual shift from the culture of authority to the culture of justification in South Africa. In culture of authority, justification for action is provided mainly at the stage of assigning authority and once authority has been assigned, the authorized body needs to offer little justification for its specific decisions. In aculture of justification even after authority has been assigned, the authorized body must still provide justification for all of its decisions. The culture of justification is associated with the expansive jurisdiction for the South African Constitutional Court. If proportionality is essentially arequirement of justification it is worthy to focus on The South African Constitutional Court, which has developed original proportionality test. This article examines the application of the test in order to evaluate the progress toward asociety based on human dignity, equality, and freedom. This evaluation is needed not only for South Africa but also for those states which struggle with infringement of the rule of law.
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Samuel, Samuel, und Siti Nurbaiti. „KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH“. Jurnal Hukum Adigama 2, Nr. 2 (27.12.2019): 392. http://dx.doi.org/10.24912/adigama.v2i2.6538.
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In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.
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ABUGALIYEVA, M. A., und B. A. ALIBEKOVA. „IMPROVING THE ACTIVITIES OF INTERNAL STATE AUDIT BODIES IN THE CONTEXT OF DIGITALIZATION“. EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 3, Nr. 12 (2020): 118–24. http://dx.doi.org/10.36871/ek.up.p.r.2020.12.03.017.
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The article deals with the activities of the authorized body for internal state audit in the Republic of Kazakhstan. The author's definition of internal state audit is given. The analysis of the activities of the Internal State Audit Committee of the Ministry of Finance of the Republic of Kazakhstan was carried out and problematic aspects were identified. Reasonable suggestions have been made to resolve the problems.
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Alvarez-Jiménez, Alberto. „PUBLIC HEARINGS AT THE WTO APPELLATE BODY: THE NEXT STEP“. International and Comparative Law Quarterly 59, Nr. 4 (Oktober 2010): 1079–98. http://dx.doi.org/10.1017/s002058931000045x.
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The WTO Appellate Body has so far authorized public appeal hearings as the exception, not the rule: it is limited to those instances in which the main parties request it. Such authorization constitutes a very positive development for the WTO dispute settlement system, for it enhances the transparency of the system at its highest stage. Indeed, the Appellate Body is becoming a leading actor in the formation of international law1 owing to the fact that it is the most active international court of the world, the relevance of the issues it deals with and the fact that it is at the apex of a dispute settlement system with permanent and exclusive jurisdiction over 153 States. Nonetheless, it is not in tune with inter-state international adjudication where the trend concerning hearings is, for good reason, geared towards openness and transparency, not privacy, as the rule.
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Stec, Roman, Łukasz Ciołek und Marcin Roliński. „REGULATION AS A GENERALLY APPLICABLE LEGAL ACT ISSUED FOR THE IMPLEMENTATION OF A STATUTE“. International Journal of Legal Studies ( IJOLS ) 5, Nr. 1 (30.06.2019): 11–28. http://dx.doi.org/10.5604/01.3001.0013.3207.
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The regulation shall be issued by the bodies indicated in the Constitution, based on a de-tailed authorization contained in the statute and for its implementation. The authorization should specify the body competent to issue a regulation, the scope of delegated issues and guidelines for the content of the act. The body authorized to issue a regulation shall not sub-delegate its competence in this area to another body (Article 92 of the Constitution). Such provision contained in the Constitution clearly defines the nature of regulations as implementing acts, requiring the detailed statutory authorization. The authorizing statute indicates that the regulation shall be issued by various bodies in cooperation. Cooperation may be based on consent (law specifies that the regulation will be issued "in agreement" or "in consultation"), or only on the expression of opinion.
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Dellal, Alexandre, Carlos Lago-Penas, Del P. Wong und Karim Chamari. „Effect of the Number of Ball Contacts Within Bouts of 4 vs. 4 Small-Sided Soccer Games“. International Journal of Sports Physiology and Performance 6, Nr. 3 (September 2011): 322–33. http://dx.doi.org/10.1123/ijspp.6.3.322.
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Purpose:The aim of this study was to examine the influence of the number of ball touches authorized per possession on the physical demands, technical performances and physiological responses throughout the bouts within 4 vs. 4 soccer small-sided games (SSGs).Methods:Twenty international soccer players (27.4 ± 1.5 y, 180.6 ± 2.3 cm, 79.2 ± 4.2 kg, body fat 12.7 ± 1.2%) performed three different 4 vs. 4 SSGs (4 × 4 min) in which the number of ball touches authorized per possession was manipulated (1 touch = 1T; 2 touches = 2T; Free Play = FP). The SSGs were divided in 4 bouts (B1, B2, B3 and B4) separated by 3 min of passive recovery. The physical performances, technical activities, heart rate responses, blood lactate and RPE were analyzed.Results:The FP rule presented greater number of duels, induced the lowest decreases of the sprint and high-intensity performances, and affected less the technical actions (successful passes and number of ball losses) from B1 to B4 as compared with 1T and 2T forms. Moreover, the SSG played in 1T form led to reach higher solicitation of the high-intensity actions while players presented more difficulty to perform a correct technical action.Conclusions:The modification of the number of ball touches authorized per possession affects the soccer player activity from the first to the last bout of SSG, indicating that the determination of this rule has to be precisely planned by the coach according to the objectives of the training.
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REGAN, DONALD H. „The meaning of ‘necessary’ in GATT Article XX and GATS Article XIV: the myth of cost–benefit balancing“. World Trade Review 6, Nr. 3 (31.10.2007): 347–69. http://dx.doi.org/10.1017/s1474745607003424.
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AbstractConventional wisdom tells us that in Korea–Beef, the Appellate Body interpreted the word ‘necessary’ in GATT Article XX to require a cost–benefit balancing test. The Appellate Body is supposed to have applied this test also in EC–Asbestos, US–Gambling (involving GATS Article XIV), and Dominican Republic–Cigarettes. In this article I demonstrate, by detailed analysis of the opinions, that the Appellate Body has never engaged in such balancing. They have stated the balancing test, but in every case they have also stated the principle that Members get to choose their own level of protection, which is logically inconsistent with judicial review by cost–benefit balancing. And they have decided every case by reference to the ‘own level of protection’ principle. The Appellate Body is right not to balance. Balancing is not authorized by the treaty texts, and it is not needed to prevent inefficient harm to foreign interests.
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Kobzar-Frolova, M. N. „Legal Nature and Legal Regulation of Activities of Executive Body Authorized to Control and Supervise Taxes and Fees“. RUSSIAN JUSTICE 1 (Januar 2019): 36–46. http://dx.doi.org/10.17238/issn2072-909x.2019.1.36-46.
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Grigaravičiūté, Sandra. „Diplomacy of the Concil of Lithuania in Entente powers“. Sabiedrība un kultūra: rakstu krājums = Society and Culture: conference proceedings, Nr. XXII (06.01.2021): 55–64. http://dx.doi.org/10.37384/sk.2020.22.055.
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The research reveals appointment, competence and type of activities of the authorized representatives of the Council of Lithuania delegated to represent the Council of Lithuania, Lithuania’s interests or affairs abroad (in neutral and “belligerent countries”) from 22 October 1917 to 11 November 1918. The Entente Powers include the United States, Great Britain, France and also Italy in some cases. Russia, which also belonged to the Entente, is left outside the scope of the research, because after Soviet Russia signed the Peace Treaty of Brest-Litovsk (3 March 1918), it did no longer fight on the side of the Entente. The research on the diplomacy of the Council of Lithuania in the Entente Powers was carried out on the basis of published (press, memoirs, published documents) and unpublished sources (from the Lithuanian Central State Archives, Manuscripts Department of the Wroblewski Library of the Lithuanian Academy of Sciences). The study employed the methods of analysis and comparison, the descriptive method, and the comparison of sources and literature. While processing the primary sources, in particular in French and German languages, the logistic-analytical method was applied (the notional content and information analysis was carried out). The research consists of two parts. In the first part of investigation the author analyzes the appointment and competence of the authorized representatives of the Council of Lithuania in neutral and “belligerent countries” and concludes, that the analysis of the circumstances of appointment and chronology of the authorized representatives of the Council of Lithuania in neutral and “belligerent countries” as well as the content of their authorizations made it clear that permanent authorized representatives, Juozas Purickis and Vladas Daumanatas-Dzimidavičius, who were appointed on 22 October 1917, had their residence in Lausanne and constituted a part of the collegial body of Lithuanian National Council, were authorized to represent the Council of Lithuania; however, only Purickis’ authorization included the phrase “to represent Lithuania’s interests abroad”; there was no indication as to what countries were meant. An equivalent wording – “to represent Lithuania’s interests abroad” – was also included in the texts of authorizations of non-permanent authorized representatives – Augustinas Voldemaras and Konstantinas Olšauskas. The material contained in the minutes of the meetings of the Council of Lithuania entails that “representation in belligerent countries” also meant representation in the Entente Powers, though no direct indication was included. In the second part of the study the author reveals the specific type of activities of the authorized representatives of the Council of Lithuania (October 1917 – November 1918) and states, that Permanent representatives of the Council of Lithuania, who were based in Lausanne and formed a part of the collegial Lithuanian National Council, did not always coordinate their diplomatic steps in the Entente Powers or in their embassies in Bern; hence, the Council of Lithuania had to deny or dissociate itself from certain statements made by the Lithuanian National Council (in Lausanne) (the declaration of separation from Russia of 25 December 1917; the protest telegram of June 1918). Both permanent and non-permanent representatives of the Council of Lithuania authorized to represent Lithuania’s interests abroad shared the same goal of seeking “the recognition of the right to self-determination for the Lithuanian nation” and the recognition of independence declared by the Council of Lithuania (on the basis of Part I of the Act of 11 December 1917 and the Act of 16 February 1918).
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Froidevaux, Pascal, Pierre-André Pittet, Ruslan Cusnir, François Bochud und Marietta Straub. „Radionuclides in the Environment in Switzerland: A Retrospective Study of Transfer from Soil to the Human Body“. CHIMIA International Journal for Chemistry 74, Nr. 12 (23.12.2020): 984–88. http://dx.doi.org/10.2533/chimia.2020.984.
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Natural radionuclides are ubiquitous in the environment. In addition, artificial radionuclides are present in the Swiss environment after the fallout of the nuclear bomb tests of the 1950s and 1960s, after the accident of the Chernobyl nuclear power plant, or after authorized discharges from the Swiss nuclear power plants and research centres. These radionuclides can create a radiological hazard to the environment and humans because of the increased risk of cancer due to the ionizing radiation they produce. Here we show that some of these radionuclides have made their way from the air or the soil to the human body, where they target mostly the skeleton. However, the activity levels of 90 Sr, 239 Pu and 240 Pu, 226 Ra and 210 Pb/ 210 Po found in the human body remain very low and do not represent a public health issue at the current body burden.
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Miller, O., und A. Kharchuk. „ALGORITHM OF ACTIONS OF AUTHORIZED OFFICIALS OF THE SES DURING STATE SUPERVISION (CONTROL)“. Fire Safety 38 (12.07.2021): 12–17. http://dx.doi.org/10.32447/20786662.38.2021.02.
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Introduction. The concept of the SES stipulates that officials exercising state supervision (control) are obliged to detect and prevent violations of fire and technogenic safety requirements established by law [14]. Іn such situations, he bears full responsibility for violation of the requirements of fire, technogenic safety established by the legislation.Purpose. To propose an algorithm of actions of authorized officials during state supervision (control) in the field of technogenic and fire safety during the practical implementation of the provisions of the Civil Protection Code of Ukraine (further- the CZU Code) and the Law of Ukraine "On Basic Principles of State Supervision (Control)" Dated April 5, 2007 (further- Memorandum № 877).Methods. Analysis of existing regulations governing the implementation of state supervision (control) in the field of tech-nogenic and fire safety and its practical implementation by authorized officials of the SESResults. Ways to improve the activities of state supervision (control) in the field of fire and technogenic safety and the powers of officials to implement it are considered. The main directions of implementation of preventive measures by state supervision bodies are given. The necessity of using a new approach to the state management of fire, technogenic safety and civil protection is highlighted.
Conclusion. Order of the Ministry of Internal Affairs of Ukraine "On approval of the Instruction on registration of materials on administrative offences and recognition as invalid of some orders of the Ministry of Internal Affairs of Ukraine" from 27.07.2016 № 725 should be supplemented with a clause on the interaction of article 185-14КУпАП. "Creation of obstacles in the activity of authorized officials of the central body of executive power, which implements the state policy on state supervision (control) in the field of fire and technogenic safety, related to conducting inspections".
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Ushanov,, A. E. „The conflict of interests of economic entities and to minimize its consequences by reducing the risks of corporate lending“. Issues of Risk Analysis 16, Nr. 1 (28.02.2019): 86–93. http://dx.doi.org/10.32686/1812-5220-2019-16-86-93.
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This article is devoted to the construction of a risk-oriented model of credit risk reduction in the course of the life cycle of the loan in the provision of a commercial Bank loan to a corporate client. The work demonstrates, firstly, the need to introduce innovative solutions that reduce the risk of non-repayment of the loan by the borrower, and secondly — the mechanism of using such elements of the model as a new system of limits and risk profiles, the Institute of underwriting, IRB-approach to determine the risk category of the application and the body authorized to make.
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Toshtemirova, R. F., und B. Y. Gavrilov. „Investigator and Investigation Body Supervisor: Cooperation Problems“. Siberian Law Herald 1 (2021): 88–92. http://dx.doi.org/10.26516/2071-8136.2021.1.88.
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The purpose of criminal proceedings is protection of rights and legitimate interests of physical entities and legal entities who became victims of crime. The effectiveness of criminal proceedings depends on activities of different offices and departments. Preliminary investigation body takes a special place among them. It implements the supervision of all the laborious process around criminal proceedings, starting from being instituted until passed to prosecutor who will direct it next to the court. Preliminary investigation body is mostly represented by both investigator and investigation body supervisor in the domestic criminal justice. According to the code of criminal procedure of Russian Federation, the investigator is an official authorized to conduct the preliminary investigation of criminal case, along with other authorities provided by the code. The investigation body supervisor is an official who leads relevant investigation division, as well as his deputy, both bearing a significant volume of procedural authorities. Implementing the law enforcement activities, these officials are in continuous interaction, which means help to each other and cooperation in investigating. Such an idyll between two significant characters of criminal justice is a guarantee of successful justice achievements. However, processual scientists and workers have been asking for last few years, how effective is cooperation between investigator and investigation body supervisor, and how does it affect one of the most important principle of criminal proceeding - the processual independence of investigator. Standards of contemporary Russian legislation make investigator dependent of legislation body supervisor, which affects his processual independence during preliminary investigation performed. According to all above, this research has its purpose in revealing and analyzing problems emerging in cooperation between investigator and investigation body supervisor, as well as searching ways to solve those problems.
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Luz, Verônica Gronau, Heleno Rodrigues Corrêa Filho, Alessandro José Nunes da Silva, Erivelton Fontana de Laat, Rodolfo Andrade de Gouveia Vilela, Fernando Oliveira Catanho da Silva und Lia Thieme Oikawa Zangirolani. „Migrant labor and wear-out in manual sugarcane harvesting in São Paulo, Brazil“. Ciência & Saúde Coletiva 17, Nr. 10 (Oktober 2012): 2831–40. http://dx.doi.org/10.1590/s1413-81232012001000030.
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The scope of this paper is to describe the work of manual sugarcane harvesters, assessing the nutritional behavior and body composition between the beginning and the end of the harvest. A descriptive longitudinal study was made of harvesters in Piracicaba, São Paulo, Brazil, who answered a socio-demographic questionnaire and authorized measurement of Body Mass Index, Body Fat Percentage and Arm Muscle Circumference at three stages. Creatine kinase on the skeletal isoform, C-reactive protein and plasma urea were measured at the end of the harvest. Thirty male migrant harvesters with ages ranging from 18 to 44 from the Northeast (Ceará) were assessed over a nine-month period. The workers suffered significant body fat and weight loss in the first half of the harvest. Eighteen workers had abnormal levels of creatine kinase and four - out of 24 who had donated blood - had altered urea levels. Sugarcane harvesting work causes weight and body fat loss and gains in the lean body mass index, which suffers wear-out when working on consecutive harvests. It can also cause changes in biochemical markers of chronic systemic inflammation. Further studies will make it possible to comprehend the relationships between stress, wear-out, labor longevity and health in sugarcane harvesting.
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Rowe, Peter. „IS THERE A RIGHT TO DETAIN CIVILIANS BY FOREIGN ARMED FORCES DURING A NON-INTERNATIONAL ARMED CONFLICT?“ International and Comparative Law Quarterly 61, Nr. 3 (Juli 2012): 697–711. http://dx.doi.org/10.1017/s0020589312000292.
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AbstractThis article considers whether there is any lawful authority for foreign armed forces assisting a territorial State during a non-international armed conflict to arrest and detain civilians. Taking the backdrop of Iraq and Afghanistan it considers relevant UN Security Council resolutions including Resolution 1546 (2004) relating to Iraq which authorized the multi-national force (MNF) ‘to take all necessary measures’ and provided for the internment, for imperative reasons of security, of civilians. In respect of Afghanistan, a number of resolutions authorized the International Assistance Stabilisation Force (ISAF) to ‘take all necessary measures’. It challenges the notion that the positive rights under international humanitarian law applicable to an international armed conflict apply,mutatis mutandis, to a non-international armed conflict, where national law (including human rights law having extra-territorial effect) is of primary (although not of exclusive) significance. It also considers which body of national law, that of the sending or that of the receiving State, applies to determine the lawfulness of detention of foreign civilians. The article recognizes that the arrest and detention of civilians may be necessary during a non-international armed conflict but concludes that the lawful justification for doing so needs to be clearly established.
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Agustina, Enny. „The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative“. SHS Web of Conferences 54 (2018): 03001. http://dx.doi.org/10.1051/shsconf/20185403001.
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Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).
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PETROVSKA, Iryna I., Volodymyr I. ROZVADOVSKY, Iryna R. PTASHNYK und Olga A. GRYTSAN. „Fundamentals of Nuclear Safety State Management in Ukraine“. Journal of Advanced Research in Law and Economics 9, Nr. 5 (10.06.2019): 1745. http://dx.doi.org/10.14505//jarle.v9.5(35).28.
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The object of the research is the relationships ensuring nuclear safety in Ukraine. The methodological basis of this study is modern general scientific methods and techniques of cognition, scientific theories about the state and law, the organization of public administration, development in the field of philosophy of law, public administration, administrative law and process, sociology. The work uses dialectical, structural-functional, historical, comparative-legal, system-structural and other methods. The purpose of this research is to characterize the measures provided by the national legislation of Ukraine for ensuring nuclear safety, which are carried out by authorized state bodies and officials. To achieve this purpose, the following tasks are set: to define the content of the concepts of ‘national security’ and ‘nuclear safety’, elements of the mechanism of management in the nuclear sphere; to allocate legal bases for ensuring nuclear safety and authorized entities; to carry out an analysis of the control system for nuclear safety in Ukraine; to characterize the research activity and international cooperation of Ukraine in the nuclear sphere; to characterize administrative services in the nuclear sphere; to investigate the activities of the governing body on the management of nuclear power plants in Ukraine – the State Enterprise National Nuclear Energy Generating Company ‘Energoatom’
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Koroshchenko, K. R. „Administrative regulation of restitution of cultural values in Ukraine: history and problems of the industry“. Legal horizons, Nr. 25 (2020): 86–90. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p86.
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The article is devoted to the study of administrative regulation of the restitution process of cultural values on the territory of Ukraine. The process of restitution of cultural and historical values will always be relevant for our country, because for a long time our state was under the rule of other countries, because of this - Ukraine can be called a "robbed" country in terms of historical monuments. For Ukraine, the issue of restitution of cultural values is very important, due to the fact that currently this issue is regulated by one law, as well as there is almost no body that would search for and return lost monuments. In Ukraine, there were already bodies dealing with these issues, but due to insufficient funding, they were liquidated. Today, the Ukrainian side of all international negotiations makes concessions and gives away all the monuments that the state, which considers to be its property, asks to be returned. Although in the history of state regulation of this industry have achieved remarkable results. Thanks to a successful policy, thousands of historical values were returned to the territory of Ukraine. However, each of these bodies had its shortcomings, which must be taken into account when creating a new state body. Due to the lack of a body to control the restitution of cultural property, there have been cases of monuments being returned to another state that are part of the National Archives, but this is against the law. Most likely, such "gestures" from Ukraine are a purely diplomatic step. However, such "diplomacy" is very expensive for Ukraine's cultural heritage. Over the past ten years, almost nothing has been returned to Ukraine, but much has been given to other countries. This is due to the fact that there are bodies abroad that are authorized to seek and negotiate the return of cultural property. An article was written to study the experience of Ukraine in the administrative regulation of the process of return of cultural values, as well as why there is no authorized body in Ukraine that deals with the search and return of historical monuments.
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V.V., Karelin. „ON THE FEATURES OF PROSECUTOR’S SUPERVISION OVER THE AUTHORIZED BODIES ACTIVITIES ON PROBATION“. Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, Nr. 2 (22.12.2020): 31–39. http://dx.doi.org/10.32755/sjcriminal.2020.02.031.
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The article considers the main aspects of the features of prosecutor`s supervision over the authorized bodies activities on probation. The main positions of scientists regarding prosecutor`s supervision over the authorized bodies activities on probation are highlighted. The specifics of this institute are determined. Based on the analysis, it is proved that prosecutorial supervision is an effective means of ensuring compliance with the law in the execution of criminal penalties and probation in Ukraine. It is proved that According to Art. 2 and 26 of the Law of Ukraine “On the Prosecutor’s Office” in Ukraine provides supervision over compliance with the law during the execution of court decisions in criminal cases. Order of the Prosecutor General’s Office of Ukraine dated 03.08.2020 №353 “On the organization of prosecutors to monitor compliance with the law in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal liberty”, to the main tasks of activity in this direction are supervision over observance of the legislation at execution of punishments not connected with imprisonment, and probation. It is determined that certain aspects of the activity of probation bodies are supervised. In the usual sense, surveillance is surveillance for protection, control, and so on. Prosecutorial supervision in our country is provided in accordance with the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office” and other regulations of the General Prosecutor’s Office of Ukraine. It is established that at present, despite some previous reforms to exclude general supervision from the competence of the prosecutor’s office, the supervisory powers of prosecutors still remain significant, although they are limited mainly to the field of criminal proceedings. The importance of the supervisory functions of the prosecutor’s office at the European level is also being restored. In particular, this trend is explained by the need for larger surveillance and interception measures by the prosecutor’s office in the international arena, as there is a threat of the rapid spread of terrorism and organized crime. On this basis, it should be noted that it is appropriate to conduct further research on the activities of prosecutorial supervision of the specially authorized body for probation. Key words: prosecutorial supervision, prosecutor’s office, authorized bodies on probation, convict, criminal and executive system.
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Kohn, Nina A. „How the Guardianship System Can Help Address Gun Violence“. Journal of Law, Medicine & Ethics 48, S4 (2020): 133–36. http://dx.doi.org/10.1177/1073110520979413.
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This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not authorized them. It concludes by suggesting some modest adjustments to guardianship law and practice that would help ensure that guardianship systems interventions in this arena are fair and effective.
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Sari, Elidar. „Lelang Jabatan dalam Sistem Hukum di Indonesia“. REUSAM: Jurnal Ilmu Hukum 3, Nr. 1 (15.05.2015): 38. http://dx.doi.org/10.29103/reusam.v3i1.1950.
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The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.
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Kiselova, O. I., und Y. V. Nomirovskaya. „Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority“. Legal horizons, Nr. 22 (2020): 58–64. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p58.
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The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law. The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met. It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.). It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.
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Górnicz-Mulcahy, Agnieszka. „Agencja rządowa jako pracodawca“. Przegląd Prawa i Administracji 113 (12.09.2018): 43–56. http://dx.doi.org/10.19195/0137-1134.113.3.
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GOVERNMENT AGENCIES PERFORM PUBLIC TASKS ON THEIR OWN BEHALF AND ON THEIR OWN RESPONSIBILITYIn the broad meaning, government agencies have the status of an administrative offi ce, a commercial law company or a state legal entity. This means that government agencies are employers which operate in the public sphere. They are separate legal entities, that are represented by their bodies. Executive organs and managers of the agency may be their Presidents, Chiefs or Directors who are legally authorized to represent them and, on the basis of labour law, to perform activities in this fi eld Article 3 of the Labour Code. The public administration body, equipped with the competence to appoint the President, the Chief or the Director of a government agency is the Prime Minister or the competent minister. This means that the appointment of a specifi c person to perform the function of the agency’s body is not made by the employing entity i.e. the employer, but by an external entity, which is the primal body located outside the employer’s structure.
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Simiti, Ionut Vida. „Medical Liability for Off Label Use of Drugs in Romania“. Revista de Chimie 69, Nr. 3 (15.04.2018): 755–57. http://dx.doi.org/10.37358/rc.18.3.6193.
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Breaking the limits of the risks for the human body, health or even the life of the patient, as assumed by the pharmaceutical producers, by using a drug off label, for its side effects, in another purpose or even against the purpose for which the drug was authorized by the National Agency of Medicine and Medical Devices, is not in itself illegal if the off label use has the common consent of both the doctor and the patient for a treatment and only for a treatment which, although a spread procedure, has little or no scientific support. But if the patient is subjected to unreasonable risks, endangering his body, health or life beyond the possible benefits of the treatment, without being informed about the lack of scientific support, the doctor is liable not only for malpractice (civil medical liability) but also for a criminal offence.
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Barragan-Campos, Hector Manuel, Anne Laurence Le Faou, Martín Burgos-Jaramillo, Fernando Lopez-Soto, Javier Altamirano Ley und Roberto De la Peña-Lopez. „Detection of bone metastases through diffusion-weighted whole-body imaging with background body signal suppression (DWIBS) compared with PET/CT 18F-NaF.“ Journal of Clinical Oncology 37, Nr. 15_suppl (20.05.2019): e23086-e23086. http://dx.doi.org/10.1200/jco.2019.37.15_suppl.e23086.
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e23086 Background: To evaluate a diagnostic test which can allow the comparison between Diffusion-weighted imaging with background suppression (DWIBS) the novel diagnostic modality versus PET/CT 18F-NaF, the gold standard for the diagnosis of bone metastases (BM). Methods: University bioethics committee authorized the protocol. Patients with solid cancer and suspicion of BM (by clinical findings, imaging, and tumor biomarkers), who met inclusion criteria were included and provided their signed informed consent. The DWIBS in a MR 3.0 T was performed first and then the PET/CT 18F-NaF. Each study was interpreted blinded. Statistics to evaluate a diagnostic test were performed. Results: From April 2014 to April 2016, 91 patients (100%) were interviewed, 88 (93.4%) met the inclusion criteria. Nine patients (8%) were excluded: death 3, respiratory failure 2, refused participating 2, pacemaker 1, claustrophobia 1. Seventy-nine patients (86.8%) were included, of which 81.0% (64/79) were women. Primary cancer was: a) breast 73.4 b) prostate 15.2%; c) Non-Hodgkin lymphoma 2.5%; d) cervical 2.5%; e) thyroid 2.5%; f) lung 1.3%; g) colon 1.3%; and h) testicular 1.3%. Diagnostic performance of DWIBS compared to PET/CT 18F-NaF, sensitivity 88.1% (Confidence Interval [CI95%, 73.3-96.0), specificity of 48.7% (CI 95%, 31.9-65.6), PPV of 66.0% (CI 95%, 58.2-73.1), NPV of 78.3% (CI 95%, 59.7-89.7), PLR 1.7 (CI 95%, 1.2-2-4), NLR 0.2 (CI 95%, 0.1-0.6) and prevalence of 53.1% (CI 95%, 41.6-54.5). Results were stratified in quartiles (excellent, good, fair, and poor). Conclusions: DWIBS has excelent sensibility, fair specificity, good PPV, and excellent NPV. These data suggest DWIBS could be used as a proxy of PET/CT 18F-NaF.
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Sosonsʹka, A. I. „Determination of the probationary period in application of article 75 of the CC of Ukraine“. Uzhhorod National University Herald. Series: Law, Nr. 63 (09.08.2021): 266–73. http://dx.doi.org/10.24144/2307-3322.2021.63.46.
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The article considers the concept, criminal-legal significance, the order of appointment and calculation of the probation period in the application of criminal law on release of a person from the sentence imposed on him by a conviction in accordance with Art. 75, 78 of the Criminal Code of Ukraine. The views of scholars on determining the beginning of the probationary period, which is appointed by the court in accordance with its discretion, on the basis of Part 3 of Article 75 of the Criminal Code of Ukraine in passing a court conviction and its duration. The issue of the possibility of agreeing on the probation period by the parties to the criminal proceedings when concluding a plea or conciliation agreement is covered separately and the practice of the Criminal Court of Cassation on this issue is presented. The article raises the issue of assigning to a person sentenced to probation a certain range of responsibilities provided for in Art. 76 of the Criminal Code of Ukraine. The case law on determining the duration of the probationary period in the activities of individual courts is studied and opinions on this issue are given. The procedure, grounds and procedure for supervision of persons released from serving a probation sentence on the basis of Art. 75 of the Criminal Code of Ukraine are covered. The powers of the authorized body for probation to prepare a petition to the court to release the convict from the sentence imposed on him in connection with the expiration of the probation period were analyzed. It is proposed to enshrine in law a specific period during which the authorized body would be obliged to submit such a submission to the court. It is proposed to regulate the basic requirements in the legislation when determining the duration of the probationary period.
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Klaver, Elizabeth. „Autopsy and the Savage Eye: Some Dramatic Practices“. New Theatre Quarterly 16, Nr. 4 (November 2000): 324–32. http://dx.doi.org/10.1017/s0266464x0001407x.
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Is performing an autopsy on a dead body simply an objective, mutilating act – and a particularly powerful example of subject/object mastery? Demonstrating the intersection between scientific, medico-legal practice, and literary-artistic tropologies, Elizabeth Klaver explores in this essay the epistemological gaze of autopsy and its ironic effect on subjectivity through a variety of dramatic practices: Vesalius's Fabrica, the O. J. Simpson trial, and plays by Samuel Beckett. Elizabeth Klaver is Associate Professor of English at Southern Illinois University, Carbondale. Her book, Performing Television: Contemporary Drama and the Media Culture is forthcoming from the Popular Press, and the present article will form part of her book in progress, Authorized Personnel Only: Sites of Autopsy in Postmodern Literature.
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Bisri, Hasan. „Law, Power, and Justice: A Quranic Perspective“. TAJDID 27, Nr. 2 (06.01.2021): 115. http://dx.doi.org/10.36667/tajdid.v27i2.490.
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This article seeks to elaborate on the relationship between law, power, and justice from the Koran perspective. This study makes the Quranic texts its primary source. The study results show that from the perspective of the Koran, a legal system, including an Islamic legal order, must have the spirit to create justice. The realization of social justice is the spirit that underlies the stipulation of law. State power, through the legislative body, which is the institution that is authorized to stipulate law, is obliged to make the principle of justice one of a country’s legal pillars. State power through its judiciary must make “considerations for the sake of realizing justice” in every decision on a legal case.
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Kravchenko, Ya A. „Violations of Building Laws: Problems of Prosecution“. Sociology and Law, Nr. 1 (02.04.2021): 112–18. http://dx.doi.org/10.35854/2219-6242-2021-1-112-118.
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The article explores the problems associated with holding accountable in cases of violation of legislation in the field of construction. The author claims that the bulk of the violations that are identified in the construction industry are accounted for by the facts of the construction without the necessary legal documents for land and permits for the construction. It is noted that the main reason entailing violation of construction legislation is the presence of gaps in the law. In conclusion, the author suggests fixing the obligation of the authorized body on the personal official website to display a register of multiapartment buildings that are being built on its territory. In such a register you must specify certain information.
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BOWN, CHAD P., und RACHEL BREWSTER. „US–COOL Retaliation: The WTO's Article 22.6 Arbitration“. World Trade Review 16, Nr. 2 (10.03.2017): 371–94. http://dx.doi.org/10.1017/s1474745616000586.
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AbstractThis paper examines the World Trade Organization's Article 22.6 arbitration report on the dispute over the United States’ country of origin labeling (US–COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports – the second largest authorized retaliation on record and only the twelfth WTO dispute to reach the stage of an arbitration report. Our legal–economic analysis focuses on several issues in the arbitration report. First, the complainants requested that, to compute the permissible retaliation limit, the arbitrators consider a new formula that would include the effects of domestic price suppression. We present a simple, economics-based model to explain the arbitrators’ rejection of this proposal. Second, we provide market context for the $1 billion finding. The arbitrators relied on the trade effects’ formula, which sets the retaliation limit as equivalent to the perceived loss of export revenue from the WTO violation. We argue that this amount was implausibly large, given the conditions in the US market for cattle and hogs during this period. We then describe the challenges facing arbitrators as they construct such estimates, including those likely to have arisen in this dispute.
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METELYTSYA, Volodymyr, und Natalia KOVAL. „PROBLEMATIC ASPECTS OF ACCOUNTING FOR NON-CURRENT AND CURRENT TANGIBLE ASSETS IN BUDGETARY INSTITUTIONS“. "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", Nr. 3 (53) (25.09.2020): 193–204. http://dx.doi.org/10.37128/2411-4413-2020-3-15.
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This article examines the current state of accounting support for current and non-current tangible assets in budgetary institutions. The analysis of the receipt of non-current tangible assets allowed us to focus on the issue of stagnation of the value criterion when assigning the asset to fixed assets or other non-current tangible assets. The application of the value criterion is currently an imperfect method of grouping non-current tangible assets by classification groups, because the definition of an asset in some cases depends on the supplier's taxation system. The definition of this problem allowed to suggest ways to solve it, where the first proposal is to refuse to separate value added tax from the price of the asset, and the second is to determine the asset by groups based on its properties without reference to its value. Each of the proposed proposals has its advantages, but given the inflationary factors and the instability of economic processes, the grouping of non-current tangible assets should be done by analyzing the characteristics, properties of the asset without reference to its value. The second part of this article is devoted to the study of the method of disposal of stocks received as a result of intra-departmental movement within the authorized body. It is established that this type of stocks has its own specifics associated with its receipt in the field of management and use in the activities of budgetary institutions. Taking into account these factors, the article proposes to legislate the disposal of this type of stock only by using the method of identified cost of the relevant unit of stock. This will ensure the reliability of the financial and budgetary reporting not only in a particular budgetary institution, but also in general by the authorized body. The proposed improvements in the accounting of non-current and current tangible assets will improve the financial and budgetary reporting of budgetary institutions, bring budgetary accounting to international and European standards, as well as improve the quality of planning in budgetary institutions.
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Kosenko, Yu M., O. S. Vezdenko, L. Ye Zaruma, O. A. Sekh und O. S. Shkilnyk. „СHARACTERISTICS OF DIETARY FEEDS FOR DOMESTIC ANIMALS AVAILABLE ON THE MARKET OF UKRAINE“. Scientific and Technical Bulletin оf State Scientific Research Control Institute of Veterinary Medical Products and Fodder Additives аnd Institute of Animal Biology 22, Nr. 1 (29.03.2021): 95–102. http://dx.doi.org/10.36359/scivp.2021-22-1.10.
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Complete and complementary dietary feeds are feeds intended for special nutritional purposes and used when the nutritional needs of the animal's body are met. The labeling of feeds intended for special nutritional purposes must contain the word "dietary". Their composition is balanced by proteins, fats, carbohydrates, vitamins, minerals, pre- and probiotics, and other pharmacologically active components that affect the digestive processes, excretion or prevention of kidney stones, strengthening joint tissue, suspending allergic reactions, renal dysfunction, liver, promote recovery from stress, etc.
The article describes the characteristics of feeds intended for special nutritional purposes for pets, that are imported or the domestic products, which are authorized in Ukraine for the period 2015-2019. The names of finished feed products, in addition to trademarks, reflect the animal species and purpose, depending on the identified abnormalities in their health, which determines the special purpose for their use.
According to the authorized products list, the largest number of names falls on dietary foods for pets used in kidney disease and kidney stones (70), digestive disorders (51) and allergies (37). A significant number (28) are low-calorie diets for overweight cats and dogs. The share occupied by certain groups of complete feeds by purpose meets the needs of the domestic market of complete dietary feeds for pets. This distribution of feeds intended for special nutritional purposes helps to ensure proper care for pets of different ages and breeds that are prone to disease. Feeds entering the market in Ukraine meet the requirements of national regulations and the main safety criteria of the European Federation of Animal Feed Manufacturers (FEDIAF) and the ISO standard 22 000: 2005.
According to scientific research, the most common groups of feeds intended for special nutritional purposes for pets are described; the characteristics of the main feed ingredients in the formulas, and substantiated their function as a part of nutrition at special nutritional purposes of the animal's body.
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Sattarov, Vitaly D., Nina V. Stus, Igor A. Goncharov, Ivan N. Kuksin und Marina V. Markhgeym. „Right To Information As A Means Of Protection Information Needs“. Cuestiones Políticas 37, Nr. 64 (14.05.2020): 82–91. http://dx.doi.org/10.46398/cuestpol.3764.06.
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This article refers to a comprehensive vision of the right to information as the main means of legal protection of the information needs of citizens in general. Based on psychological assumptions, the author justifies the importance of such needs in the life of modern society. The article details the issue of creating and guaranteeing the correct functioning of a special authorized administrative body, to act as an instance of appeal and supervision in the course of the legal regulation of information and the underlying legal relationships. By way of conclusion, the authors especially emphasize the need to overcome the culture of secrecy, a type of undemocratic government, and refer to other requirements and accepted standards in this area to guarantee the enjoyment and enjoyment of this right at all times.
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Nykolyna, K. V. „Legal procedure of official interpretation of legal texts“. INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, Nr. 12 (2021): 200–204. http://dx.doi.org/10.33663/2524-017x-2021-12-34.
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The scientific article is devoted to the substantiation of the procedural nature of the official interpretation of legal texts. The author emphasizes that it is on the official interpretation that legally significant decisions are based, which establish the specific rights and obligations of the subjects. However, today there are no systematized methodological recommendations, requirements, officially established legal procedure and principles of interpretive activity, which could determine common standards of official interpretation. The procedure of interpretation consists in the sequence of actions of the authorized subjects within separate stages.The article formulates the author’s definition of legal interpretation procedure as a system of successive legally significant actions of authorized entities, which are aimed at clarifying, constructing and explaining to other legal entities the meaning and scope of legal norms formulated in legal texts. Taking into account the latest methodological approaches to interpretation and the requirements of the rule of law,the author reveals the content of legal interpretation, which consists of separate stages, which in turn include a number of successive procedures. In particular, the stage of clarifying the content of the legal text involves the following procedures: initial study of the legal text and the form of its consolidation in the provisions of the legal act, comprehensive analysis of the legal text, analysis of the received interpretation in terms of justice, human rights, rule of law, design normative rule. The explanation, according to the author, includes the following procedures: preparation of a draft interpretative act, namely a legal document that contains an explanation of the content and application of the legal norm, formulated by the authorized body within its competence; adoption of a legal interpretation act, making it universally binding for all those who apply the clarified rules of law; promulgation of an interpretative act, namely, bringing its content to the attention of society or law enforcement agencies; control over the use of the act of interpretation of the law by the subjects of its application; generalization of legal interpretative acts in order to systematize them. Given the importance of official interpretation of legal texts, the feasibility of determining at least the general principles of legal interpretation at the regulatory level is considered. Keywords: interpretation of law, official interpretation, legal procedure, legal interpretation activity.
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Shuai, Mengxia, Bin Liu, Nenghai Yu und Ling Xiong. „Lightweight and Secure Three-Factor Authentication Scheme for Remote Patient Monitoring Using On-Body Wireless Networks“. Security and Communication Networks 2019 (02.06.2019): 1–14. http://dx.doi.org/10.1155/2019/8145087.
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On-body wireless networks (oBWNs) play a crucial role in improving the ubiquitous healthcare services. Using oBWNs, the vital physiological information of the patient can be gathered from the wearable sensor nodes and accessed by the authorized user like the health professional or the doctor. Since the open nature of wireless communication and the sensitivity of physiological information, secure communication has always been the vital issue in oBWNs-based systems. In recent years, several authentication schemes have been proposed for remote patient monitoring. However, most of these schemes are so susceptible to security threats and not suitable for practical use. Specifically, all these schemes using lightweight cryptographic primitives fail to provide forward secrecy and suffer from the desynchronization attack. To overcome the historical security problems, in this paper, we present a lightweight and secure three-factor authentication scheme for remote patient monitoring using oBWNs. The proposed scheme adopts one-time hash chain technique to ensure forward secrecy, and the pseudonym identity method is employed to provide user anonymity and resist against desynchronization attack. The formal and informal security analyses demonstrate that the proposed scheme not only overcomes the security weaknesses in previous schemes but also provides more excellent security and functional features. The comparisons with six state-of-the-art schemes indicate that the proposed scheme is practical with acceptable computational and communication efficiency.
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Tazhmaganbetov, Omirserik. „Efficiency of State Regulation in the Consideration of Information and Communications on Economic Violations“. 1 (72), Nr. 1 (30.03.2020): 61–72. http://dx.doi.org/10.52123/1994-2370-2020-72-1-61-72.
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This article is devoted to certain issues of the procedure for the consideration of information and reports on economic offenses, in terms of the effectiveness of state control over the transferred materials to authorized bodies requiring additional checks and examinations. So, with the introduction in 2014 of the new Criminal and Criminal Procedure Codes of the Republic of Kazakhstan, the procedure for considering information and reports on offenses has radically changed, in particular, this has affected economic offenses. These changes have generated a number of unresolved issues in the timing and procedure for conducting inspections (audits, etc.) based on materials sent by the law enforcement body to the competent regulatory authorities to determine the amount of damage. A number of unresolved legislative gaps have arisen, which lead to inadequate state control and poor efficiency of consideration of these materials.
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Vinokurov, Vladimir A. „A New Emergency Situation Type and Issues of the Legal Regulation Arising in Course of Its Liquidation“. State power and local self-government 1 (21.01.2021): 12–16. http://dx.doi.org/10.18572/1813-1247-2021-1-12-16.
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The article is devoted to a new type of emergency situations — the situation created as a result of the spread of a disease that poses a danger to others. The article considers the norms of Federal laws that regulate issues related to the spread of a new coronavirus infection (COVID-19), analyzes the powers of the Federal Executive body authorized to solve problems in the field of protecting the population and territories from emergencies, and the chief state sanitary doctors who head the Federal Executive body responsible for organizing and implementing Federal state sanitary and epidemiological supervision, and its territorial bodies for the subjects of the Russian Federation. As a result of the analysis, proposals were formulated to amend the Federal laws “On the protection of the population and territories from natural and man-made emergencies” and “On the sanitary and epidemiological welfare of the population”, allowing to establish restrictions on the rights and freedoms of individuals and organizations in accordance with the requirements established by the Constitution of the Russian Federation, as well as to provide compensation in return for the restrictions imposed
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Kazakov, A. „On the distinct advantage of the authorized body in arbitration proceedings (on the example of Article 93.1, paragraph 2, of the Russian Tax Code)“. Russian Juridical Journal, Nr. 4 (2020): 97–102. http://dx.doi.org/10.34076/2071-3797-2020-4-97-102.
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Abeysekara, Ananda. „THE SAFFRON ARMY, VIOLENCE, TERROR(ISM): BUDDHISM, IDENTITY, AND DIFFERENCE IN SRI LANKA“. Numen 48, Nr. 1 (2001): 1–46. http://dx.doi.org/10.1163/156852701300052339.
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AbstractThis paper proposes alternative approaches to conceptualizing the relation between religion and violence, Buddhism and terror(ism). An important body of scholarship seeks to theorize religion and violence as transparent objects of disciplinary knowledge in terms of their supposed difference or interrelation, while chronically failing to appreciate them as discursive categories. The relation between religion and violence, the paper contends, is not available for disciplinary canonization as it is conventionally conceived in the now familiar terms of "Buddhism Betrayed?," "religious violence," "religious terrorism," etc. Rather the questions, terms, and parameters defining which persons, practices, and knowledges can and cannot count as religion or violence, civilization or terror are produced, battled out, and subverted in minute contingent conjunctures. Put differently, they are authorized to come into (central) view and fade from view, to emerge and submerge, to become centered and decentered within a microspace of competing authoritative "native" debates and discourses.
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Karmakar, Sougata. „Internet Of Things (IOT) Based Smart Health Monitoring System“. International Journal for Research in Applied Science and Engineering Technology 9, Nr. VII (20.07.2021): 1733–37. http://dx.doi.org/10.22214/ijraset.2021.36715.
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IOT is one of the flourishing fields in coming years and it has a vital role in the health care sector. IOT helps us to connect with people by collecting major parameters of the patients directly through some wearable devices transmitted to smartphones and laptops of the authorized person using the cloud server. We are using devices which gives flexible operations to both for the patients and also for healthcare professionals. IOT is slowly becoming a trend in recent times by improvement in the wireless sensor networks. We are fetching such parameters like body temperature, oxygen saturation percentage, heart rate by using NodeMCU WIFI module and cloud computing. Patients with serious health issues can be quickly identified and can be provide a rapid solution by this health monitoring system. And by using BLYNK mobile application we can have those measurements of the parameters from anywhere in the world.
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Wilczewska, Joanna. „Collecting, obtaining and preparing reference material for the purpose of identification of a person or a deceased based on visual recordings“. Issues of Forensic Science 286 (2014): 76–81. http://dx.doi.org/10.34836/pk.2014.286.6.
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The main aim of this paper is to provide the guidelines for the activities necessary to obtain valuable and fully eligible reference material for the purposes of identification of a person or a dead body based on visual recordings. The paper elaborates on the relation between evidence material and reference (secondary) material. It also proposes a hierarchical categorization of types of reference material. The illustrations present examples of properly prepared reference material (including photographs of a person) containing also evidence material. Moreover, the paper specifies the relevant legal regulations and persons authorized to photograph a person and stages of taking photographs. It also names the factors that affect technical and visual quality of the collected material. The article also provides the guidelines for the collection of neutral (unstaged) reference material, as well as finding the sources that may be referred to in order to obtain access to such material.
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Hooper, Barbara. „Dialegesthai: Towards a Posttranscendent Politics—Or, let's Talk about Bodies“. Environment and Planning A: Economy and Space 40, Nr. 11 (November 2008): 2562–77. http://dx.doi.org/10.1068/a40276.
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The purpose of this essay is neither to praise or condemn dialectic nor to adjudicate between dialectics. I seek instead to investigate a particular relation between dialectic and dualism that was developed in the ancient Greek polis as a way of opening a conversation concerning the necessity of waging a posttranscendent, postdualist politics. Approaching the polis through the problematic nomos of flesh, and focusing on the produced opposition between reason and appetite, the essay suggests how a dispositif of transcendence operated in the polis to reduce the rule of the many, associated with the mob-like appetites of the body, in favor of the few who had (allegedly) achieved self-mastery and transcendence. For beings produced as body this meant a greater degree of corporeal vulnerability and a reduced, at times radically reduced, potential for survival. This politics of transcendence did not vanish with the polis but persisted in diverse forms, continuing to under-write the unevenly distributed right to be that it originally authorized and that, beginning in ‘1492’, was globalized, becoming the massive assault on bodies that has characterized the bio(geo)politics of Western modernity and still dominates the present. The essay concludes with a consideration of what a posttranscendent politics might be and a postscript regarding the cunning of passion.
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Zakaria, Z. „RELIGIOUS VALUES BASED ON SPACE AND TIME IN COSMOLOGY PERSPECTIVE TO THE VERSE OF BADONG IN A FUNERAL CEREMONY OF TORAJANESE“. Journal of English Education 3, Nr. 1 (11.05.2018): 33–40. http://dx.doi.org/10.31327/jee.v3i1.474.
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Ritual of badong is held in funeral ceremony of rambu solo in traditional belief of aluk to dolo/alukta in Toraja’s society, it was song and dance without music, and symbolic, verse of badong shown religious values of aluk to dolo/alukta. In data analysis, the study used descriptive qualitative and cosmology perspective in approaching the analysis. The aim of this study is want to know the relationship between being of universe and religious spirit of aluk to dolo/alukta which is stated in verse of badong in cosmology perspective. The result of the study is to find out the relationship between religious spirit of aluk to dolo/alukta in verse of badong and the space and time in orderliness of cosmos. They believed that after the death process, souls of the body will have a journey to reach a new place named puya, and the meaning of the death in belief of aluk to dolo/alukta is a way or transform the souls of the body from old world to the new world, puya is a village of soul of to dolo/tomembali puang (ancestors) authorized by Pong Lalondong, and puya in cosmology perspective was being at the west point of the earth.
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Volodymyr, Lysenko, Vasyl Yurchyshyn und Vasyl Shybiko. „Problems of legality of investigative actions aimed at finding evidence“. Revista Amazonia Investiga 9, Nr. 28 (21.04.2020): 113–22. http://dx.doi.org/10.34069/ai/2020.28.04.14.
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The purpose of the article is a comprehensive study of the problems of establishing the guilt of a person in the offense committed by means of pre-trial investigation by investigators, prosecutors and other persons authorized to do so, as well as establishing the lawfulness of such procedural actions. According to the purpose, it is substantiated that the investigative review is a visual inspection by the authorized persons of the object with the purpose of revealing the traces of the crime, the objects related to its commission, as well as the information about the fact and mechanism of its commission reflected in the features of this object and other circumstances relevant to the proceedings. It is established that the factual basis for the review is primarily data that indicate the possibility of detecting on the body of the person traces of the offense or special signs. Its special procedural basis is the motivated decision of the prosecutor. Procedural actions such as corpse exhumation, investigative experiment and forensic examination have been considered and analyzed. In the process of researching the topic, the authors conclude that in Ukraine the legality and objectivity of investigative actions needs to be more clearly enshrined in law. In particular, the authors propose an additional list of objects of the investigative review and the definition of the investigative examination, the separation of the actual grounds for conducting the examination, the approval of the provisions on the mandatory participation of those understood during the exhumation of the corpse as the investigator, the definition and actual reasons for conducting the investigative experiment as an action, the purpose of which is the experimental verification or refinement of factual data obtained in the course of the investigation, as well as the determination and factual basis of the conduct and appointment of forensic expertise.
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Vilkova, Т. Yu. „On the Role of the Prosecutor in Initiating a Criminal Case and Initiating Criminal Prosecution“. Lex Russica, Nr. 7 (19.07.2021): 85–94. http://dx.doi.org/10.17803/1729-5920.2021.176.7.085-094.
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The paper shows that the consolidation of the functions of the prosecutor’s office of the Russian Federation at the constitutional level leads to the need to return to the question of the effectiveness and sufficiency of the prosecutor’s powers to independently initiate a criminal case, initiate criminal prosecution, and bring charges. The modern models of granting various subjects the authority to initiate and carry out criminal prosecution, to bring charges in criminal procedural comparative studies are identified and analyzed. They are: 1) a system of public prosecution, or a monocratic model, in which criminal prosecution is initiated exclusively by the decision of state bodies with appropriate special competence, primarily the prosecutor’s office (prosecutor’s monopoly); 2) an ex officio prosecution system, or a polycratic model, when the subject of criminal prosecution is any of the state bodies authorized to conduct proceedings in a case, there is no monopoly of one state body or official to initiate criminal prosecution; 3) a private prosecution system, when the subject of criminal prosecution is either the victim or his legal successors; 4) a “people’s” system charges, in which any private person has the right to initiate criminal prosecution, regardless of whether he is a victim or not. The conclusion is substantiated that Russia belongs to the states in which the polycratic ex officio model is combined with private prosecution in certain categories of cases, while, unlike most other states, the prosecutor is not among the officials authorized to initiate criminal proceedings and/or criminal prosecution. It is shown that the lack of powers of the prosecutor in pre-trial proceedings hinders the achievement of the purpose of criminal proceedings. It is concluded that it is necessary to return to the prosecutor the authority to initiate a criminal case independently.