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Altunkaya, Mehmet, Yavuz Guloglu, Nur Belkayalı, Alper Bulut i İlknur Cesur. "Liability for Damage Caused by Domestic and Wild Animals in Turkish Law". Jurnal Cita Hukum 8, nr 2 (1.08.2020): 243–60. http://dx.doi.org/10.15408/jch.v8i2.16299.
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Abstract.The Turkish Code of Obligations holds pet owners objectively liable for any damage caused by their pets regardless of fault on the grounds that they failed to carry out their supervisory duty. There is, however, no regulation on compensation for damages caused by wild or stray animals. The legal gap in this field is filled by case laws. The aim of this study is to compare pet owner liability regulated by private law as strict liability and state liability for damage caused by wild animals protected by national legislation and international conventions. The research material consists of current legislation, and judicial and administrative decisions on property damage and bodily injury caused by animals. Tort claims for damages caused by pets and wild animals differ by statute of limitations, judicial remedy, the law on which the case is based, and strict liability principles. Pet owner liability for damage caused by the pet is based on strict liability in private law while administrative court decisions hold the administration liable based sometimes on strict liability and sometimes on negligence.Keywords: Pet owner liability; Pets; Wild animals; Strict liability; Compensation Abstrak.Kode Kewajiban Turki meminta pemilik hewan peliharaan bertanggung jawab secara obyektif atas kerusakan yang disebabkan oleh hewan peliharaan mereka, terlepas dari kesalahan yang dilakukan. Adapun alasan yang diajukan karena pemilik hewan gagal menjalankan tugas pengawasan. Namun, tidak ada peraturan tentang kompensasi atas kerusakan yang disebabkan oleh hewan liar atau tersesat tersebut. Tujuan dari penelitian ini adalah untuk membandingkan kewajiban pemilik hewan peliharaan yang diatur oleh hukum privat sebagai kewajiban yang ketat dan kewajiban negara atas kerusakan yang disebabkan oleh hewan liar yang dilindungi oleh undang-undang nasional dan konvensi internasional. Materi penelitian terdiri dari undang-undang saat ini, dan keputusan yudisial dan administratif tentang kerusakan properti dan cidera tubuh yang disebabkan oleh hewan. Klaim kerugian atas kerusakan yang disebabkan oleh hewan peliharaan dan hewan liar berbeda menurut undang-undang pembatasan, upaya hukum, hukum yang menjadi dasar kasus, dan prinsip tanggung jawab yang ketat. Tanggung jawab pemilik hewan peliharaan atas kerusakan yang disebabkan oleh hewan peliharaan didasarkan pada tanggung jawab yang ketat dalam hukum privat, sementara keputusan pengadilan administratif memegang tanggung jawab administrasi terkadang berdasarkan tanggung jawab yang ketat dan terkadang pada kelalaian.Kata kunci: Kewajiban pemilik hewan peliharaan; Hewan peliharaan; Hewan liar; Tanggung jawab yang ketat; Kompensasi Аннотация.Обязательственный кодекс Турции возлагает на владельцев домашних животных объективную ответственность за ущерб, причиненный их домашними животными, независимо от причиненного им вреда. Выдвинутые причины заключались в том, что владелец животного не выполнил свои обязанности по надзору за ним. Однако нет никаких правил относительно компенсации ущерба, причиненного дикими или бродячими животными. Целью этого исследования было сравнить обязанности владельцев домашних животных, регулируемые частным правом как строгое обязательство, и обязанности государства за ущерб, причиненный дикими животными, охраняемыми национальными законами и международными конвенциями. Материалы исследования состоят из действующего законодательства, судебных и административных решений в отношении имущественного ущерба и телесных повреждений, причиненных животными. Иски о возмещении ущерба, причиненного домашними и дикими животными, различаются в зависимости от закона об исковой давности, установленного закона, закона, на котором основано дело, и строгих принципов ответственности. Ответственность владельца домашнего животного за ущерб, причиненный домашним животным, основана на строгой ответственности по частному праву, в то время как решения административных судов предусматривают административную ответственность, иногда основанную на строгой ответственности, а иногда на небрежности.Ключевые слова: Обязанности владельцев домашних животных; Домашнее животное; Дикое животное; Строгая ответственность; Компенсация
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KIRYK, Alla, i Anna DANILOVA. "Legal responsibility for animal cruelty: EU and Ukraine practice". Economics. Finances. Law 7, nr - (28.07.2023): 96–100. http://dx.doi.org/10.37634/efp.2023.7.20.
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The paper examines the issue of legal responsibility for animal cruelty in Ukraine and EU member states. The main acts of domestic legislation, which specialize in the protection of animals from cruel treatment, have been identified. It has been established that the EU member states have implemented a significant number of legal acts that allow the protection of animals at the legislative level. In all European countries, abuse of animals is considered a crime and is punishable by a fine or even imprisonment. The legislation of Italy, Norway, Greece and France was analyzed. It has been established that in Italy the term of imprisonment ranges from 3 to 18 months, and the fine that the animal abuser will have to pay can reach 30,000 euros. Norway is also worthy of attention, where the penalty is imprisonment for up to 1 year, the imposition of a fine with confiscation of the animal. In Greece, animal cruelty is subject to administrative and criminal liability. Administrative responsibility can reach 30,000 thousand euros. Criminal liability consists of imprisonment for up to 10 years and fines from 30,000 to 50,000 euros. In France, criminal liability is provided in the form of imprisonment for up to 5 years and a fine of up to 75,000 thousand euros. Based on the analysis of the legislation of European countries, changes to the domestic legislation are proposed, namely, it is worth borrowing foreign experience and in case of cruel treatment of animals, in addition to the prescribed confiscation of the animal, establish a ban on their further keeping. In addition, a global problem in the area of prosecution is the low public awareness of legal responsibility for animal cruelty, so one of the important measures is the implementation of legal education measures regarding administrative and criminal norms that provide for responsibility and the degree of punishment for the specified offense.
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Alexsandra Аndreevna, Panasiuk. "The law about animal's protection from cruelty: historical and modern issues". Almanac of law: The role of legal doctrine in ensuring of human rights 11, nr 11 (sierpień 2020): 350–54. http://dx.doi.org/10.33663/2524-017x-2020-11-59.
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The article deals with the protection of animals from ill-treatment, generalizes the scientific approaches of the historical and legal aspect of the formation and development of responsibility, conducts a comparative analysis of the present with the historical past. The legal regulation of criminal liability for animal cruelty is characterized. The sanctions and the list of legislation governing this issue are outlined. Solve issues in the area oj the institution of responsibility for animal cruelty is extremely important. In today`s world, animals are considered not only as property of a person, but also as family members. People call for human treatment of animals, both domestic and wild. In addition, humane treatment is usually understood as actions of a person not related to self-defense, causing pain, torment, suffering to the animal. Violence can also be inaction, such as leaving in danger or violating the conditions of keeping animals, leaving without care, and so on. The history of development and regulation of relevant issues deserves special attention. At the level of international law, the issue of liability for animal cruelty has been regulated since the 1960s. The European Community has adopted five main conventions: the European Convention for the Protection of Animals in International Transport (1968), the European Convention for the Protection of Animals kept on Farms (1976), the European Convention for the Protection of Animals intended for Slaughter ), the European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes (1986), the European Convention for the Protection of Pets (1987). Key words: The provisions of international legal acts have become the basis for the settlement of relevant issues in Ukraine as well.
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Popova, Elena A., i Vladimir G. Kokorev. "History of domestic legislation development on criminal liability for environmental crimes". Current Issues of the State and Law, nr 20 (2021): 766–78. http://dx.doi.org/10.20310/2587-9340-2021-5-20-766-778.
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We consider the negative impact of society on the environment, which adversely affects humanity itself. We emphasize the peculiarities of environmental crimes development in Russian law. We point out that the first legislative norms containing responsibility for environmental offenses date back to the middle of the 17th century, when the direct reflection of norms aimed at protecting nature from criminal encroachments begins. We note that the Extensive Edition of Rus’ Justice reflected responsibility for the theft of a number of animals, which in a sense can be attributed to environmental encroachments. It is emphasized that if responsibility for such acts was reflected in the Cathedral Code of 1649, then in the Military Article of 1715 it was absent. We note that in the first codified criminal law, adopted in 1845, under the name “Code on penal and correctional punishments”, acts encroaching on the environment were reflected, which was subsequently consolidated and developed in criminal laws as pre-revolutionary Russia (Criminal Code 1903), and adopted after the October Revolution of 1917, especially in the Criminal Code of the RSFSR in 1960.
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Alves, Felipe Dalenogare, i Katiele Daiana da Silva Rehbein. "O dever constitucional de formulação e implementação de políticas públicas à proteção dos animais domésticos em situação de abandono nos centros urbanos / The Constitutional Duty to Formulate and Implement Public Policies for the Protection of Domestic Animals in a Situation of Abandonment in Urban Centers". Revista de Direito da Cidade 14, nr 3 (23.12.2022): 1643–72. http://dx.doi.org/10.12957/rdc.2022.55702.
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Resumo O presente artigo expõe o resultado de uma pesquisa bibliográfica elaborada a partir do método dedutivo, para fins de abordagem, e monográfico, como forma de procedimento, sobre o tema do dever constitucional de proteção aos animais domésticos em situação de abandono nos centros urbanos, tendo por objetivo principal analisar a quem compete este dever e se a omissão do Ente competente poderá ocasionar responsabilização. Assim, no decorrer do trabalho, buscou-se responder a seguinte pergunta: a omissão ao dever constitucional de formulação e implementação de políticas públicas voltadas aos animais domésticos abandonados nos centros urbanos poderá ensejar responsabilidade ao poder público? Para tanto, realizou-se um estudo dos principais aspectos, dentre os quais o meio ambiente ecologicamente equilibrado como um direito fundamental e dever constitucional estatal, assim como a tutela constitucional dos animais não humanos sob a perspectiva deste direito fundamental e a possibilidade de responsabilização estatal pela ausência de políticas públicas destinadas a estes animais. Por fim, dentre os resultados encontrados como resposta ao problema, tem-se que a omissão ao dever constitucional de formulação e implementação de políticas públicas voltadas aos animais domésticos abandonados nos centros urbanos poderá ensejar responsabilidade ao poder público municipal.Palavras-chave: Animais domésticos abandonados; Abandono de animais; Dever constitucional ao meio ambiente; Direito ao meio ambiente; Responsabilidade estatal por dano ao meio ambiente. Abstract This article presents the result of a bibliographical research elaborated from the deductive method, for the purposes of approach, and monographic, as a form of procedure, on the theme of the constitutional duty to protect domestic animals in situations of abandonment in urban centers, having the main objective is to analyze who is responsible for this duty and whether the omission of the competent entity may lead to liability. Thus, in the course of the work, we sought to answer the following question: could the omission of the constitutional duty to formulate and implement public policies aimed at domestic animals abandoned in urban centers give rise to responsibility to the public authorities? Therefore, a study of the main aspects was carried out, among which the ecologically balanced environment as a fundamental right and state constitutional duty, as well as the constitutional protection of non-human animals from the perspective of this fundamental right and the possibility of state accountability by the absence of public policies aimed at these animals. Finally, among the results found in response to the problem, there is that the omission of the constitutional duty to formulate and implement public policies aimed at domestic animals abandoned in urban centers may give rise to responsibility to the municipal government.Keywords: Abandoned domestic animals; Abandonment of animals; Constitutional duty to the environment; Right to the environment; State accountability for damage to the environment.
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Mukasheva, A. A., i A. B. Omarova. "The Civil Law Regime of Animals: Problems of Definition and Prospects for Regulation". Bulletin of the Karaganda University. “Law Series” 111, nr 3 (30.09.2023): 119–26. http://dx.doi.org/10.31489/2023l3/119-126.
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The article is devoted to the study of problems related to the study of the legal regime of animals in civil law. This article aims to study the problems associated with the definition of animals as an object of civil rights and to identify some prospects for regulation. In the course of the study, methods of analytical and comparative analysis of scientific sources, documents of legislation and legal practice in the field of the use of the animal world were used. The analysis made it possible to identify the main problems associated with the definition of animals as an object of civil rights, respectively, the problems of determining the civil law regime of animals, as well as suggest promising directions for its regulation. The article presents the results of a study of materials on the modern regulation of the legal regime of animals, highlights domestic and foreign experience in this area, explores the methods of regulation used for the legal protection of animals. As a result of the analysis, such problems were identified as related to the legal regime of animals in civil law, such as the lack of the concept of animals as an object of civil rights, the insufficient legislative framework governing the legal regime of animals, and the insufficient application of administrative and criminal liability in cases of cruelty to animals. As a result of the analysis, conclusions were drawn about the need to improve the legal regime of animals in order to ensure more effective protection and welfare of animals. Having a clear and unambiguous concept of animals in civil and special legislation will be an important step towards a clear definition of the civil law regime.
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Nicholas, Frank W. "Animal breeding and disease". Philosophical Transactions of the Royal Society B: Biological Sciences 360, nr 1459 (7.07.2005): 1529–36. http://dx.doi.org/10.1098/rstb.2005.1674.
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Single-locus disorders in domesticated animals were among the first Mendelian traits to be documented after the rediscovery of Mendelism, and to be included in early linkage maps. The use of linkage maps and (increasingly) comparative genomics has been central to the identification of the causative gene for single-locus disorders of considerable practical importance. The ‘score-card’ in domestic animals is now more than 100 disorders for which the molecular lesion has been identified and hence for which a DNA test is available. Because of the limited lifespan of any such test, a cost-effective and hence popular means of protecting the intellectual property inherent in a DNA test is not to publish the discovery. While understandable, this practice creates a disconcerting precedent. For multifactorial disorders that are scored on an all-or-none basis or into many classes, the effectiveness of control schemes could be greatly enhanced by selection on estimated breeding values for liability. Genetic variation for resistance to pathogens and parasites is ubiquitous. Selection for resistance can therefore be successful. Because of the technical and welfare challenges inherent in the requirement to expose animals to pathogens or parasites in order to be able to select for resistance, there is a very active search for DNA markers for resistance. The first practical fruits of this research were seen in 2002, with the launch of a national scrapie control programme in the UK.
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Spada, Gabriella. "If a Lion Eats Him..." Archiv orientální 89, nr 3 (16.01.2022): 513–29. http://dx.doi.org/10.47979/aror.j.89.3.513-529.
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This article, starting from the analysis of the expression “if a lion kills/eats him” (i.e., a slave received on pledge), which appears in a limited number of surety contracts in the archive of the famous Balaĝunamḫe of Larsa (1829–1792 BC), gives a brief overview of the threat that lions posed not only to livestock but also to human beings in second-millennium Mesopotamia. Letters and administrative documents inform us of attacks on animals and, more rarely, even people. By contrast, collections of laws and legal principles seem to deal exclusively with problems arising from lions attacking domestic animals, without any mention of attacks on humans. In the light of this brief investigation, the author concludes that the expression “if a lion kills/eats him” must be considered a
unicum, since it is not found in any other real-life or school contract. She assumes that the scribe decided to add this formula to the liability clause of Balaĝunamḫe’s surety contracts in order to cover as many scenarios as possible, including the chance of being eaten by a lion, clearly representing an event of force majeure.
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Samokhvalov, I. M., K. P. Golovko, A. V. Denisov, S. Yu Telitsky, N. A. Zhirnova, S. E. Komiagin, O. D. Karpenko, K. N. Demchenko, Ya D. Barakov i A. Yu Stepanov. "The first domestic devices for intraosseous infusion - is the great advance of military medicine in pre-hospital stage enhancement". Bulletin of the Russian Military Medical Academy 20, nr 4 (15.12.2018): 106–12. http://dx.doi.org/10.17816/brmma12299.
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Traumatic shock is considered to be the most common clinical form of a severe patient’s condition (63%). Timely and adequate blood volume resuscitation is one of the most important procedures in providing medical care to critically injured casualties and patients at the forward medical evacuation stage. The key to this problem, especially when the infusion therapy is needed at the pre-hospital stage, is the development of alternative (extravascular) techniques of plasma volume expander administration. The article presents the results of testing of the first domestic medical devices for intraosseous infusion in critically injured casualties and patients. At present, on commission of the Russian Ministry of Defense and with the scientific support of Kirov Military Medical Academy, domestic enterprises developed test samples of medical devices to provide intraosseous infusions: a «Disposable device for intraosseous infusion of solutions if there is no intravenous access, which was designed on the basis of a spring drive» - the index «VKI-P», developed by limited liability company «Novoplast-М» and a set for intraosseous infusion using an electric drive - the index « VKI-E», developed by limited liability company «Research engineering company «Spetsproekt». Assessment of performance of test samples of the medical devices for intraosseous infusions «VKI-P» and «VKI-E» was carried out using pathophysiologic model of traumatic shock in 14 experimental animals (pigs) by creating artificial blood loss of medium severity, 25% of circulating blood volume (in average 440 ml), followed by its resuscitation with intraosseous infusion of 0,9% solution of NaCl. As a result of the performed tests it was found that the device «VKI-P» and the set «VKI-E» provide for NaCl infusion in major vessels (with an intraosseous infusion), 750 ml of volume during 45-50 min, and can be used as an alternative access to provide infusion as a part of anti-shock therapy, which solves the problem of volume resuscitation when giving care to severely injured casualties and patients at the forward medical evacuation stages. These samples may be recommended for inclusion into the medical service list of complete supplies and the Medical Corps supply support, the Armed Forces of the Russian Federation.
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Pendyuk, A. R., V. V. Fedorovych i N. P. Mazur. "PHENOTYPE FEATURES APPEARANCE OF DAIRY PRODUCTIVITY OF DIFFERENT UKRAINIAN DAIRY BLACK-AND-WHITE BREED COWS GENOTYPES". Animal Breeding and Genetics 58 (29.11.2019): 33–40. http://dx.doi.org/10.31073/abg.58.05.
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The main task of breeding in dairy cattle breeding is to raise dairy productivity of cows. Improvement of productive qualities of domestic dairy cattle with the use of Holstein breeders of high breeding value led to serious disadvantages, including impairment of animal health, reproductive capacity and quality of milk. Therefore, the purpose of our research was to examine the milk productivity of cows of different genotypes of the Ukrainian Black-and-White dairy breed and ascertain the relationship between quantitative and qualitative indicators of milk.
Research conducted at agricultural limited liability company "Lishche" Lutsk district of Volyn region on cows of different genotypes of the Ukrainian Black-and-White dairy breed. 5 groups of animals were formed: I − cows with a proportion of Holstein breed 75% or less, II − with a share Holstein heredity 75.1–81.25%, III − Holstein heredity share 81.26–87.50%, ІV − with a share of the heredity of the Holstein 87.51–93.75% and V − with a share of the heredity of the Holstein more than 93.75%. Evaluation of milk productivity was carried out by milk yield, fat content in milk and the amount of milk fat for the first, second, third and highest lactations according to the data of zootechnical accounting.
It was found that the largest number of animals under control (33.7%) was with the relative share of Holstein heredity of 81.26–87.50%, and the lowest (9.3%) was with relative share of the Holstein breed's heredity more than 93.75%. Analysis of the level of milk yield of cows of different genotypes showed that the increase of Holstein heredity increases milk yields, however, significantly reduces the fat content of milk. If the animals have a share of Holstein heredity up to 75% the milk yields was 5154, and the amount of milk fat − 199.7 kg, and cows with hereditary of 75.10–81.25% showed figures increased by 16.4 and 15.5%, with Holstein heredity 81.26–87.50% by 23.3 and 20.8%, Holstein heredity 87.51–93.75% for 26.1 and 23.2% and with Holstein heredity more than 93.75% for 34.8 and 31.4%, and fat content in milk, on the contrary, decreased, depending on the genotype of animals, by 1.6–2.3%. In all in the above cases, these changes were highly significant (P < 0.001).
The effectiveness of breeding on increasing the milk productivity of cows depends on the efficiency of selection and selection of animals, taking into account the phenotypic and genetic correlation between economically useful features. It was found that the studied cows of all genotypes had highest highly reliable (P < 0.001) positive values of correlation coefficients between milk yield and milk fat (Table 2). These features are the most predicted because strong relationship between them (r = 0.912–0.987). There was also observed direct positive ligament (r = 0.039–0.533, P < 0.05–0.001) between fat content in milk and milk fat content, and mostly weak, and only in some cases correlation coefficients had average values. The cows of the studied genotypes had the lowest and for the most part unreliable values of relative variability by the milk yields and fat content milk. The heifers with conditional share of Holstein heredity, more than 75% had negative and weak relationship features, and the older cows were diversified from weak to average values.
One of the reliable criteria for determining the level of heredity of features is the coefficient of frequency, which indicates their heredity stability in age. Coefficients of age-related frequency of milk yield, fat content of milk and the highest milk fat content of cows with a conditional share of Holstein heredity of up to 75% had indicating a higher degree of heredity of these features compared to high half-bred cows. With the increasing of heredity of the Holstein breed the genotype of controlled animals values were decreasing for the most part. The most significant and reliable (P < 0.001) genotype of animals affected milk yields (13.3–18.1% of the total variability of this feature), less – the fat content of milk (9.3–13.2% (P < 0.001) and the amount of milk fat (6.6–14.1% (P < 0.001), with the highest genotype influence on the studied features indicated in the first lactation.
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Pylypenko, Evheniia. "PROBLEMS OF ATTRACTING TO ADMINISTRATIVE RESPONSIBILITY PERSONS WHO DRIVE ANIMAL-DRAWN VEHICLES FOR OFFENSES IN THE FIELD OF ROAD SAFETY". Law Journal of Donbass 74, nr 1 (2021): 89–94. http://dx.doi.org/10.32366/2523-4269-2021-74-1-89-94.
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The article is devoted to the study of problematic issues of bringing to administrative responsibility of persons driving animal-drawn transport for road safety offenses. The legal status of persons driving animal-drawn transport, normative legal acts enshrining the rights and obligations of these persons (the Law of Ukraine «On Road Traffic», the Rules of the Road, approved by the Cabinet of Ministers of Ukraine from 10.10.2001 № 1306, and also Order of the Ministry of Social Policy of Ukraine «On approval of the Rules of labor protection in agricultural production» from 29.08.2018 № 1240). Based on the analysis of domestic legislation establishing administrative liability for violation of traffic rules by persons driving animal-drawn transport, proposals for current amendments to the legislation of Ukraine in the field of road safety to eliminate certain gaps in the prosecution of persons, who drive animal-drawn transport. Today in the Rules of the Road there is no definition of «animal-drawn transport», which creates problematic issues in the understanding of the definition, as well as the definition of «road user» does not cover the concept of a person who driving animal-drawn transport. It also creates certain problems in bringing individuals to administrative responsibility. Therefore, in a scientific article, it is proposed to supplement the current legislation of Ukraine in the field of road safety with a new definition of «animal-drawn transport», and place it in section 1 «General Provisions» of the Rules of the Road, as well as to include persons driving animal-drawn transport in the category of road users, make changes to the definition of «road user» in order to overcome certain problematic issues of bringing to administrative responsibility for violation of traffic rules that caused damage to vehicles, cargo, roads, streets, railway crossings, road structures or other property. In case of making the proposed changes to the Rules of the Road of persons driving animal-drawn transport, it will be possible to bring such persons to administrative responsibility under Art. 124 of the Code of Ukraine on Administrative Offenses. Today, law enforcement agencies of Ukraine, which carry out their activities in the field of road safety, do not have such an opportunity.
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Kruglyak, O. V. "PERSPECTIVES FOR DEVELOPMENT OF UKRAINE DAIRY CATTLE BREEDING UNDER THE CONDITIONS OF AN ORGANIC PRODUCTION". Animal Breeding and Genetics 56 (4.12.2018): 149–56. http://dx.doi.org/10.31073/abg.56.20.
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The experience of function organic farms in Ukraine was analyzed. In the process of substantiating the organization of dairy cattle breeding under the conditions of an organic farm, the key role is played by the successful selection of cattle breed and the solution to the problem of ensuring effective channels for the sale of products in order to achieve profitability. It was established that Simmental and Ukrainian Red-and-White dairy breeds showed themselves well in conditions of large-scale eco-production. In the small-scale sector, local breeds of cattle will work best to solve the problem of restoring and preserving the number of animals of local and endangered breeds of cattle. The experience of organizing the production of organic dairy products can be implemented in the experimental base of the National Academy of Agrarian Sciences of Ukraine.
The purpose of the article is to investigate the organizational aspects of efficient production of organic products and its prospects in dairy cattle breeding Ukraine.
Materials and methods of research. The research was carried out on the data of the private enterprise "Galex-Agro" (Zhytomyr region), The State enterprise "Experimental farm "Niva" of the Institute of Animal Breeding and Genetics nd. a. M.V.Zubets NAAS (Cherkasy region); Observations of the State Statistics Service of Ukraine, State Register of Pedigree Affairs in Animal Husbandry. In the course of research, patent research, content analysis of scientific sources and regulatory documents, structural analysis and synthesis, comparative methods, statistical, economical and mathematical methods were used.
The number of eco-farms is currently insignificant n Ukraine. Eco-friendly milk and beef are produced mainly by small farms, agricultural cooperatives and households. The largest number of domestic producers of organic dairy products is concentrated in the small-scale sector (farmers, households, production cooperatives, etc.). They are characterized by a close location to large cities or the presence of a compact cow population in ecologically clean areas, a closed cycle of production. Owners and managers of these farms are mostly supportive of the environmental lifestyle.
Among the largest "players" of this sector are companies with a closed cycle of production of organic agricultural products. This is a privately owned company “Galex-Agro” (Novograd-Volynskyi and Baranivskyi districts, Zhytomyr region), a Ukrainian-Swiss agrarian enterprise – a private joint-stock company “EthnoProduct” (northeast of Chernihiv region), limited liability company "Staryi Poritsk" (Volyn region).
The analysis of objective factors reducing the economic efficiency of domestic agricultural production, in particular due to the crisis in Ukraine's economic growth (the abolition of fiscal stimulation of the industry, the lack of access to external sources of financing, price disparity on agricultural products and means of production, and climate change, etc.), has necessitated the search for new ways of development of state research farms. So promising direction the scientists of IABG nd. a. M.V.Zubets and specialists of husbandry see introduction of organic farming system.
The first stage of the transition to eco-management was determined by the receipt of a certificate of growing of cereals with the subsequent registration of the production of organic dairy raw materials for the production of organic food. Creation of a special raw material zone for these needs involves the introduction of modern advanced technology of growing fodder crops (with elements of energy conservation and environmental feasibility) for the production of animal feed in accordance with the requirements of safety and quality.
In the process of substantiating the organization of dairy cattle breeding in the conditions of an organic farm, the key role belongs to the successful selection of the breed. Given the increased demands on cows' health and nutrition, more combined animals will be more productive. They have a rather high level of milk production and differ from specialized breeds with better meat qualities. Dairy cattle to achieve a sufficient level of productivity may more use rude and succulent feed with less concentrated costs. Dairy cattle to achieve a sufficient level of productivity may more use rude and succulent feed with less concentrated costs.
The main breed of the combined trend, which is well-known in the conditions of large-scale eco-production, is the Simmental (kept in privately owned company “Galex-Agro”). In the State enterprise "Experimental farm "Niva", as well as in PE "Agroecology ", the pedigree cattle of Ukrainian Red-and-White dairy breeds are kept (Table 1). The cows of this breed have a strong constitution, well adapted to contain in modern livestock complexes, machine milking in milking halls, have a high genetic potential of milk production. Average milk yields for one cow of this breed in Ukraine in 2017 amounted to 6236 kg with a fat content of 3.91%, protein – 3.23%. In the leading farms, Ukrainian Red-and-White dairy breed produce about 9–10 thousand kg of milk for 305 days of lactation.
In the conditions of PE" Galex-Agro" and PE "Agroecology", a high level of milk yield has been achieved, while simultaneously maintaining a high level of health and reproduction of animals (the output of calves for 100 cows is approaching 100 goals). Consequently, the Simmental and Ukrainian Red-and-White dairy breeds showed themselves well in the conditions of large-scale eco-production, which gives grounds to predict the increase in productivity and reproduction of dairy cattle in State enterprise "Experimental farm "Niva" provided that the transition to the production of organic products of dairy cattle on the farm. Planned economic effect is expected at the level of 550 thousand UAH. per year.
For small producers, when choosing a breed, it is more important to focus on the ability of animals to adapt to environmental conditions, so local breeds of cattle are best placed under these conditions. These include Lebedynska, Ukrainian Whiteheaded, Brown Carpathian, Ukrainian Gray, Pinzgauer, Red Steppe and others. Animals of these breeds during the natural selection for a long time have improved adaptive ability and resistance to disease. In EU countries, farmers use local breeds of dairy cattle to produce high-quality, environmentally friendly livestock products. The experience of European countries shows that, due to the introduction of organic production in breeding dairy cattle breeding, it is also possible to solve the problem of restoring and preserving the number of animals of local and endangered breeds of cattle.
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Soroka, Svitlana. "Criminal liability for domestic violence". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, nr 39 (23.08.2023): 227–32. http://dx.doi.org/10.23939/law2023.39.227.
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The peculiarities of criminal liability for domestic violence are considered. It was noted that in many countries, for a long time, violence in the family was not considered a crime, but was considered a form of appropriate behavior. In the 90s of the last century, views regarding the phenomenon of violence against women, which was recognized as a socio-gender problem, changed radically, during which a new vision of it was opened in terms of gender law. Therefore, the issue of gender balance and combating discrimination based on sex has gained wide popularity in all developed countries of the world. As a result, on December 20, 1993, the UN General Assembly adopted the "Declaration on the Eradication of Violence against Women", then on August 1, 2014, the Council of Europe Convention "On preventing and combating violence against women and domestic violence", known as Istanbul Convention. The main purpose of which was to declare the protection and support of women who suffered from all types of violence and the eradication of the latter in general. It has been analyzed that this problem is typical for Ukrainian society as well. Today, overcoming violence in the family is one of the priority tasks of the legal state, which is also recognized as Ukraine. Ukraine signed the Istanbul Convention on November 7, 2011, but only on June 20, 2022, the Verkhovna Rada supported the ratification of this convention. At the end of 2017, Article was introduced into the Criminal Code of Ukraine. 126-1 of the Criminal Code of Ukraine "Domestic violence", which entered into force on January 1, 2019. In this article, domestic violence is defined as the intentional systematic perpetration of physical, psychological or economic violence against a spouse or ex-spouse or another person with whom the perpetrator is (was) in a family or close relationship, which leads to physical or psychological suffering, health disorders , loss of work capacity, emotional dependence or deterioration of the victim's quality of life. It is noted that the legislation of Ukraine in the field of combating domestic violence enshrines four forms of violence: physical, sexual, psychological and economic. According to the current legislation, persons who have committed domestic violence are criminally, administratively, or civilly liable. Criminal liability is provided for in Art. 126-1 of the Criminal Code of Ukraine "domestic violence", however, after analyzing the norms of criminal legislation, we came to the conclusion that the Criminal Code of Ukraine also provides for criminal liability for criminal offenses related to domestic violence in other articles. An important step towards the prevention of domestic violence was the addition of Chapter XIII-1 "Restrictive measures" to the Criminal Code of Ukraine, which provides for the possibility of applying certain measures in the interests of the victim of a criminal offense related to domestic violence. It was concluded that the introduction of amendments to the Criminal Code of Ukraine with the introduction of criminal liability for domestic violence was a significant step towards overcoming the problem of domestic violence in the country, and the ratification of the Istanbul Convention contributes to strengthening the legal protection of victims of violence and will ensure their access to justice.
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Baida, A. O., i V. D. Fomina. "CRIMINAL LIABILITY FOR COMMITTING DOMESTIC VIOLENCE". Juridical scientific and electronic journal, nr 2 (2021): 218–20. http://dx.doi.org/10.32782/2524-0374/2021-2/52.
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Watson, Chris. "Handling domestic animals". Veterinary Record 178, nr 24 (10.06.2016): 611.1–611. http://dx.doi.org/10.1136/vr.i3193.
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Iannuzzi, L. "Domestic animals cytogenetics". Cytogenetic and Genome Research 81, nr 2 (1998): 136–39. http://dx.doi.org/10.1159/000015014.
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Bondarenko, O. S. "CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE". Legal horizons 33, nr 20 (2020): 102–7. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p102.
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The article deals with criminal liability for domestic violence in Ukraine. For a considerable period of time, in many cultures and in different political regimes, the family has been considered the foundation of society. The priority of the family is enshrined in both international legal acts and the Basic Law of Ukraine. However, unfortunately, sometimes the family does not become an attribute of security and peace, but rather an attribute of quarrels, conflicts, and sometimes even of violence. Sociological surveys are also disappointing: almost 70% of women are subjected to various forms of domestic violence, and 35% of minors are systematically affected by abusive parenting. In view of the pressing social need to criminalize domestic violence, and in the context of Ukraine’s ratification of the Council of Europe Convention on the Prevention of and Violence against Women and Domestic Violence, a new Article 126-1 “Domestic Violence” was introduced in Criminal Code of Ukraine. The author analyzes the criminal responsibility for domestic violence through the prism of the composition of crime. It has been established that the main direct object of a domestic violence crime is the health of the individual. An additional optional object may be the person’s honor, his / her mental integrity, etc. The objective aspect of domestic violence can take three forms of expression: physical, psychological, and economic violence. The subject is special (a spouse or former spouse or another person who is in a family or close relationship). The subjective side of the crime is characterized by direct intent. It is concluded that the current construction of this crime is not in general contrary to the current legislation, but needs adjustments that can improve both the perception of the norm itself and the process of its implementation. Keywords: domestic violence, types of domestic violence, physical violence, economic violence, psychological violence, qualification of domestic violence, the victim of domestic violence.
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Stojanović, Nataša. "Liability for damage caused by animals". Zbornik radova Pravnog fakulteta Nis 57, nr 81 (2018): 321–47. http://dx.doi.org/10.5937/zrpfni1881321s.
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Stanton, Keith. "Book Review: Civil Liability for Animals". Common Law World Review 42, nr 4 (grudzień 2013): 371–72. http://dx.doi.org/10.1350/clwr.2013.42.4.0260.
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Hannah, Harold W. "Injury by animals: A veterinarian's liability". Journal of the American Veterinary Medical Association 203, nr 1 (1.07.1993): 60–61. http://dx.doi.org/10.2460/javma.1993.203.01.60.
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Wang, Qiang. "In a Cage of Law: Liability Imputation System in the Tort Law on Kept Animals A ChineseGerman Comparative Study". European Review of Private Law 27, Issue 3 (1.06.2019): 617–45. http://dx.doi.org/10.54648/erpl2019030.
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The imputation of liability for damages caused by kept animals found in China’s Tort Law is a unique, synthetic, and multidimensional dual system. On the one hand, hazard-based liability is the dominant factor, and on the other is fault-based liability the auxiliary factor. The Tort Law on kept animals is oriented towards the types of liability for damages caused by kept animals, rather than towards categories of animal types, and it categorizes liability degrees under both normal and special circumstances. While underlining the merits achieved by this liability imputation system in terms of its structure (on the macro-level), this Article also probes into the problems and difficulties arising out of some key junctures (on the micro-level), especially as the system is put into practice and its operational complexity is revealed. Because of the strong affinity of the Chinese civil law, and especially tort law, with its German counterpart, this Article references the German tort law on animal keeper’s liability for an historical and comparative legal analysis, bringing more light to the Chinese system of liability. The imputation of liability for damages caused by kept animals found in China’s Tort Law is a unique, synthetic, and multidimensional dual system. On the one hand, hazard-based liability is the dominant factor, and on the other is fault-based liability the auxiliary factor. The Tort Law on kept animals is oriented towards the types of liability for damages caused by kept animals, rather than towards categories of animal types, and it categorizes liability degrees under both normal and special circumstances. While underlining the merits achieved by this liability imputation system in terms of its structure (on the macro-level), this Article also probes into the problems and difficulties arising out of some key junctures (on the micro-level), especially as the system is put into practice and its operational complexity is revealed. Because of the strong affinity of the Chinese civil law, and especially tort law, with its German counterpart, this Article references the German tort law on animal keeper’s liability for an historical and comparative legal analysis, bringing more light to the Chinese system of liability.
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Mihailović, Nikola. "The state liability for damages caused by its judicial authorities". Glasnik Advokatske komore Vojvodine 75, nr 9-10 (2003): 409–22. http://dx.doi.org/10.5937/gakv0312409m.
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A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.
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Honig, Adam. "Fear of floating and domestic liability dollarization". Emerging Markets Review 6, nr 3 (wrzesień 2005): 289–307. http://dx.doi.org/10.1016/j.ememar.2005.06.001.
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Williams, J. H. "Restraint of domestic animals". Journal of the South African Veterinary Association 62, nr 4 (31.12.1991): 188. http://dx.doi.org/10.4102/jsava.v62i4.1789.
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Heuzenroeder, MW. "Salmonella in Domestic Animals". Australian Veterinary Journal 78, nr 8 (sierpień 2000): 570. http://dx.doi.org/10.1111/j.1751-0813.2000.tb11907.x.
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Ladds, PW. "Tumors in Domestic Animals." Australian Veterinary Journal 80, nr 12 (grudzień 2002): 755. http://dx.doi.org/10.1111/j.1751-0813.2002.tb11344.x.
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Kopecny, Lucy. "Physiology of domestic animals". Australian Veterinary Journal 89, nr 10 (20.09.2011): 401. http://dx.doi.org/10.1111/j.1751-0813.2011.00839.x.
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Brearley, M. J. "Tumours in Domestic Animals". Journal of Small Animal Practice 32, nr 5 (maj 1991): 240. http://dx.doi.org/10.1111/j.1748-5827.1991.tb00555.x.
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Prescott, J. F. "Salmonella in Domestic Animals". Veterinary Microbiology 81, nr 3 (sierpień 2001): 281–82. http://dx.doi.org/10.1016/s0378-1135(01)00320-0.
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Scott, Danny W. "Pemphigoid in domestic animals". Clinics in Dermatology 5, nr 1 (styczeń 1987): 155–62. http://dx.doi.org/10.1016/0738-081x(87)90060-5.
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Barlow, RmM. "Pathology of domestic animals". British Veterinary Journal 142, nr 4 (lipiec 1986): 391. http://dx.doi.org/10.1016/0007-1935(86)90036-9.
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Firth, Elwyn C. "Tendinopathy in Domestic Animals". Sports Medicine and Arthroscopy Review 8, nr 1 (styczeń 2000): 105–13. http://dx.doi.org/10.1097/00132585-200008010-00011.
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Wilson, Jackson. "Domestic animals and leisure". Annals of Leisure Research 20, nr 1 (22.07.2016): 126–28. http://dx.doi.org/10.1080/11745398.2016.1211944.
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Clason, A. T. "Evolution of domestic animals". Journal of Archaeological Science 12, nr 4 (lipiec 1985): 331. http://dx.doi.org/10.1016/0305-4403(85)90039-1.
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SUGAWARA, SHICHIRO. "New biotechnology in higher animals. Domestic animals." Kagaku To Seibutsu 23, nr 12 (1985): 816–26. http://dx.doi.org/10.1271/kagakutoseibutsu1962.23.816.
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STEWART, JAMES G. "The End of ‘Modes of Liability’ for International Crimes". Leiden Journal of International Law 25, nr 1 (6.02.2012): 165–219. http://dx.doi.org/10.1017/s0922156511000653.
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AbstractModes of liability, such as ordering, instigation, superior responsibility, and joint criminal liability, are arguably the most-discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic concepts in liberal notions of blame attribution, thereby reducing international defendants to mere instruments for the promotion of wider sociopolitical objectives. Critics attribute this willingness to depart from orthodox concepts of criminal responsibility to international forces, be they interpretative styles typical of human rights or aspirations associated with transitional justice. Strangely, however, complicity has avoided these criticisms entirely, even though it, too, fails the tests international criminal lawyers use as benchmarks in the deconstruction of other modes. Moreover, the source of complicity's departures from basic principles is not international as previously suggested – it stems from international criminal law's emulation of objectionable domestic criminal doctrine. If, instead of inheriting the dark sides of domestic criminal law, we apply international scholars’ criticisms across all modes of liability, complicity disintegrates (as do all other modes of liability) into a broader notion of perpetration. A unitary theory could also attach to all prosecutions for international crimes, both international and domestic, transcending the long-endured fixation on modes of liability within the discipline.
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KARPOV, Oleh, i Stepan HALUSHKA. "Problem issues of criminal liability for violations of domestic tax legislation". Economics. Finances. Law 9, nr - (28.09.2023): 18–20. http://dx.doi.org/10.37634/efp.2023.9.4.
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The paper reveals the importance of solving the problems of criminal liability for violations of domestic tax legislation as one of the conditions for building a modern democratic society. The legal order in the sphere of public relations is directly dependent on the effectiveness of the measures of legal responsibility, which follows for the violation of the legal norms that regulate them. Criminal liability as a separate type of legal liability is characterized by a special legal, factual and procedural basis for the application of sanctions. Criminal liability for violation of tax legislation is characterized by coercion on the part of state power structures in content and form; provides for the imposition of negative consequences for offenses in the form of certain restrictions in order to protect relationships; contains public and state condemnation of the offender's actions and behavior; the act or inaction committed by the violator is the main reason for prosecution. According to the provisions of the current criminal legislation of Ukraine, guilt is expressed in two forms: intent and carelessness. At the same time, each of these forms also has its own varieties. In accordance with the Criminal Code of Ukraine (Article 212), liability is established for tax evasion, fees (mandatory payments). A special feature of liability for violation of tax legislation is its compensatory and punitive nature. A necessary condition for ensuring law and order in our country in the field of tax relations is the establishment of criminal liability for their non-fulfillment or improper fulfillment. At the same time, the latter should be based on a certain system of principles, i.e., fundamental principles designed to regulate tax relations of a tort nature. The introduction of liability for tax offenses, as well as the corresponding mechanisms for the damage caused to taxpayers, not only allows to protect the rights and interests of taxpayers, but also will contribute to raising the level of legal culture and tax discipline.
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Jackson, Bernard S. "Liability for Animals: An Historico-Structural Comparison". International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 24, nr 3 (3.09.2010): 259–89. http://dx.doi.org/10.1007/s11196-010-9181-x.
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Luo, Shiqi, i Zhouhao Sun. "Research on stray animal tort liability". Journal of Education, Humanities and Social Sciences 25 (26.01.2024): 8–12. http://dx.doi.org/10.54097/6e56mx83.
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With the increase of the total number of pets, abandoned pets have become more and more common, and gradually exposed the existing problems of stray animals in our country. This paper will discuss the concept of stray animal tort liability, the current situation of stray animals, the reference of excellent systems outside the region and the measures to improve stray animal tort liability in the four aspects of our country's stray animal tort liability, and explore a reasonable and scientific governance system combined with our country's actual situation, so as to truly protect the legitimate rights and interests of those infringed by stray animals.
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Marysyuk, Kostyantyn, i Mariya Boretska. "Specific issues of criminal liability for domestic violence". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 8, nr 29 (15.03.2021): 129–32. http://dx.doi.org/10.23939/law2021.29.129.
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Greene, Ryan D. V. "Clergy Liability for Dangerous Counsel Regarding Domestic Violence". Journal of Religion & Abuse 3, nr 1-2 (27.02.2002): 93–117. http://dx.doi.org/10.1300/j154v03n01_06.
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Dragonenko, A. O. "Social conditioning of norms on criminal liability for domestic violence". Analytical and Comparative Jurisprudence, nr 3 (28.09.2022): 190–93. http://dx.doi.org/10.24144/2788-6018.2022.03.34.
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The scientific article is devoted to a comprehensive study of the theoretical and practical aspects of the features of criminal prosecution for domestic violence. The issue of committing is a domestic violence considered relevant in the theory of criminal law. The paper analyzes the national legislation of Ukraine and the practice of its application, the views of scientists and the clarification of the higher court about the variability qualifications of domestic violence.
There is a public danger of domestic violence, which is reflected in the norms of the national and international legislation. Particular attention is paid to clarifying the punishment for domestic violence and restrictive measures against perpetrators of domestic violence.
It was found that the criminalization of domestic violence is conditionedon the following grounds: firstly, the significant level of public danger of this crime; secondly, the significant prevalence of this shameful phenomenon both in Ukraine and in other countries of the world; thirdly, the need for criminal protection of social relations that ensure health in the family; fourthly, the impossibility of successfully counteracting domestic violence only by administrative and legal means. It is these reasons in the modern conditions of the development of society that sufficiently reflect the necessity of providing in the Criminal Code of Ukraine a criminal law norm that establishes criminal liability for domestic violence. The criminalization of domestic violence is quite justified and justified. The grounds for criminalization are the increased public danger of inflicting physical, psychological and economic violence against a loved one or a family member, the socially dangerous consequences of the said act, the extreme prevalence and dynamics of the said act, the need for criminal-legal protection of the constitutional human right to health care in the family, the impossibility of effectively countering domestic violence in a less repressive way. Key words: domestic violence, restrictive measures, regularity, economic violence, physical violence, psychological violence, sexual violence.
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Komorosky, Dawna, Dianne Rush Woods i Kristine Empie. "Considering Companion Animals". Society & Animals 23, nr 3 (14.07.2015): 298–315. http://dx.doi.org/10.1163/15685306-12341367.
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A growing body of literature has shown the link between domestic violence and animal cruelty, resulting in a shift in the way family violence and those who are victims of abuse are considered. There are approximately 700 shelters across the nation protecting women and their children from domestic abuse, but not companion animals. National trends indicate that most domestic violence shelters do not accommodate companion animals on site. Both quantitative and qualitative analyses were used to examine companion animal policies in California domestic violence shelters. Results indicated that shelter administrators are aware of the link between domestic violence and animal cruelty; however, they lack the resources to fully support clients with companion animals. Current best practices and recommendations highlight methods that can be used to develop broader community support for victims of domestic violence and their companion animals.
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Vlad, Kateryna. "Some aspects of improving criminal liability for domestic violence against children". Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, nr 4 (29.12.2020): 324–29. http://dx.doi.org/10.31733/2078-3566-2020-4-324-329.
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There is the search for optimal ways to improve domestic legislation in terms of criminal liability for domestic violence against children. It has been established that all persons who are victims of domestic violence are under the same criminal legal protection, as the responsibility for domestic violence against them is provided in a single criminal law with a single punishment. There are cases in court practice where a person guilty of domestic violence against an adult family member has received a more severe punishment than domestic violence against a child. However, a situation where a domestic abuser of a child receives a milder punishment than an adult abuser is not fully in line with the principle of the fairness of criminal law. The author has stated that the social danger of domestic violence against children, especially minors, is much higher than violence against adults, as it has a negative impact on the formation of personality, in particular, generates new generations of domestic abusers. As an adult, a child who is abused at home is more likely to be prone to such violence or to commit any other crime related to violence. The author has concluded that it is expedient to consider the issue of establishing increased criminal liability for domestic violence against minors, compared to adults. For this purpose, it is possible to ammend Article 126-1 of the Criminal Code of Ukraine with a qualified type of domestic violence – domestic vio-lence committed against a minor child.
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Bocken, Hubert. "Alternative Financial Guarantees for Environmental Liabilities under the ELD". European Energy and Environmental Law Review 18, Issue 3 (1.06.2009): 146–70. http://dx.doi.org/10.54648/eelr2009011.
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This article investigates which financial mechanisms other than liability insurance can be used to guarantee the discharge of the obligations of operators liable under the EC Environmental Liability Directive (ELD). In a first part, we examine the potential and the limitations of liability insurance for satisfying the objectives of the ELD and conclude that, at least in the short term, there is a need for alternative mechanisms. We describe the way alternative financial guarantees are presently used in international and domestic environmental liability legislation (I). Next, we study the financial security provisions of the ELD and their implementation by the member states (II). In a third part, we establish a typology of alternative security mechanisms and illustrate it with examples from domestic and international environmental liability legislation. We evaluate the various systems in the light of criteria which we have established on the basis of the text and policy objectives of the ELD (III).
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Qizi, Islomqulova Shokhsanam Vakhobjon. "OBJECT AND SUBJECTS OF PROFESSIONAL LIABILITY INSURANCE OF DOCTORS". American Journal of Social Science and Education Innovations 5, nr 12 (1.12.2023): 121–26. http://dx.doi.org/10.37547/tajssei/volume05issue12-17.
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This article discusses constitutional guarantees, the object and subjects of medical professional liability insurance. The issue of the rights and obligations of subjects of medical professional liability insurance is also analyzed through research by domestic and foreign scientists.
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Maryati, Maryati, i Usman Usman. "Pertanggung Jawaban Pidana dan Kaitannya dengan Pertanggungjawaban Perdata Pelaku Penelantaran Rumah Tangga". Wajah Hukum 4, nr 1 (24.04.2020): 67. http://dx.doi.org/10.33087/wjh.v4i1.118.
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The neglect of the household in its realm belongs to the realm of civil liability, but can have implications for criminal liability. This article aims to explain the relationship between civil and criminal liability for the neglect of the household. Civil liability of perpetrators of household neglect is based on losses due to neglect of the household, so the perpetrators are required to compensate. Peberian compensation based on the principle of law that the obligations of the husband in accordance with their abilities. Criminal liability is based on the fulfillment of the actus reus element in Article 9 of the Domestic Violence Act, and the mens rea element is intentional or negligent of the perpetrator. Fulfillment of civil liability perpetrators of neglect of the house in khakhatnya eliminate the offensive nature of the perpetrator, so that it should be the basis for stopping the criminal justice process, but there is no legal mechanism that regulates. That is possible through probationary criminal institutions (Article 14a KUHP). For this reason, it is necessary to have rules related to restorative justice and the application of the principle of ultimum remedium in the rules on domestic protection that prioritize civil accountability.
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Pankevich, VM, i TI Sukhorebra. "On the issue of criminal liability for domestic violence." Analytical and Comparative Jurisprudence, nr 2 (24.07.2022): 273–76. http://dx.doi.org/10.24144/2788-6018.2022.02.51.
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The article analyzes the norm of the criminal legislation of Ukraine in the field of criminal law counteraction to domestic violence. It is determined that criminal liability for domestic violence is enshrined in Article 126-1 of Section II of the Special Part "Criminal offenses against life and health of a person" of the Criminal Code of Ukraine. It is concluded that the subject of social relations that ensure life, physical integrity and health of a person is a group of "natural" human rights to life, physical integrity and health. This conclusion demonstrates the inconsistency of the title of Section II of the Special Part of the Criminal Code of Ukraine to the group of public relations, which are placed under its criminal protection, on the consolidation of criminal liability for domestic violence. Therefore, it is concluded that the criminal law, which provides for liability for domestic violence, in a separate additional section of the Special Part of the Criminal Code of Ukraine, along with other criminal offenses that encroach on family law, including Articles 150-1, 151-2, 164-169 of the Criminal Code of Ukraine. It is noted that the set of criminal offenses should be classified as domestic violence related to torture (Article 127 of the Criminal Code of Ukraine), a qualified type of beatings and killings (Part 2 of Article 126 of the Criminal Code of Ukraine), a qualified threat of murder Article 129 of the Criminal Code of Ukraine), intentional infliction of moderate and grievous bodily harm, leading to suicide (Articles 120-122 of the Criminal Code of Ukraine) and premeditated murder (Article 115 of the Criminal Code of Ukraine). At the same time, the task of domestic violence of intentional light bodily harm (Article 125 of the Criminal Code of Ukraine), as well as the main composition of beatings and beatings (Part 1 of Article 126 of the Criminal Code of Ukraine) and the main composition of the threat of murder ) does not require qualification in the aggregate. It is noted that one of the shortcomings of the legal definition of domestic violence is a sign of systematicity, the interpretation of which is left to the discretion of law enforcement practice. In addition, the legislator did not disclose specific methods of domestic violence, and the very composition of the offense, being material, contains consequences, the essence of which is very difficult to establish. The shortcomings of the legislative structure of Article 126-1 of the Criminal Code of Ukraine include the lack of qualified and especially qualified signs of domestic violence, which does not allow to effectively differentiate the use of criminal remedies, exercising the right of judicial discretion.
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You, Hong, Pengfei Cai, Biniam Tebeje, Yuesheng Li i Donald McManus. "Schistosome Vaccines for Domestic Animals". Tropical Medicine and Infectious Disease 3, nr 2 (19.06.2018): 68. http://dx.doi.org/10.3390/tropicalmed3020068.
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Ajito, T., K. Suzuki, J. Okumura i N. Hatano. "Skin pH of Domestic Animals". Japanese Journal of Veterinary Clinics 24, nr 1 (2001): 9–12. http://dx.doi.org/10.4190/jjvc2001.24.9.
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