Статті в журналах з теми "Systemic violations"
Щоб переглянути інші типи публікацій з цієї теми, перейдіть за посиланням: Systemic violations.
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-50 статей у журналах для дослідження на тему "Systemic violations".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте статті в журналах для різних дисциплін та оформлюйте правильно вашу бібліографію.
1
Tsourdi, Evangelia (Lilian), and Cathryn Costello. "“Systemic Violations” in EU Asylum Law: Cover or Catalyst?" German Law Journal 24, no. 6 (September 2023): 982–94. http://dx.doi.org/10.1017/glj.2023.59.
Анотація:
AbstractThe concept of a systemic fundamental rights violation refers to a particular set of violations that are both widespread and embedded, so their reoccurrence may be assumed to be likely. It takes on at least two distinctive roles in EU asylum law and policy. One role is linked with the functioning of the principle of mutual trust, a principle that obliges Member States to recognise each others’ systems and decisions, presuming them to be legal, apart from exceptional cases. In this context, the principle sets the standard from when the presumption of legality is rebutted. In its conceptualisation and application, it is in tension with European human rights law, and, for a period, set up frictions between the CJEU (in NS/ME and Opinion 2/13) and the ECtHR (in MSS and Tarakhel). This tale of judicial frictions is not merely of historical interest. Its legacy is, we conclude, a thin concept of systemic breach, characterised by an over-individualized approach to assessing the human rights risks. The second role for the concept of systemic violations relates to embedded violations, including at the EU’s external borders. We demonstrate the utility of this other invocation, in particular as systemic breaches often signal deeper rule of law issues both within particular national systems and embedded within the Common European Asylum System (CEAS). We illustrate that the CEAS itself brings about systemic human rights violations. Identifying and responding to the “systemic” in asylum increasingly relates to the credibility of the EU as a Union based on the respect for fundamental rights and the rule of law.
2
NIKOLAIDIS, A. C., and WINSTON C. THOMPSON. "Breaking School Rules: The Permissibility of Student Noncompliance in an Unjust Educational System." Harvard Educational Review 91, no. 2 (June 1, 2021): 204–26. http://dx.doi.org/10.17763/1943-5045-91.2.204.
Анотація:
Rule violations are expected in schools, and assessments of the severity of those violations and the appropriate disciplinary responses are a significant aspect of educators’ responsibilities. While most educators and policy makers reject rule violation as a permissible behavior in schools, is such a categorical rejection always a suitable response, and are there circumstances that might merit an alternative response? In this article, A. C. Nikolaidis and Winston C. Thompson argue that under unjust circumstances, noncompliance with school rules may be permissible and even desirable. Building on a contractual framework placing systemic injustice at the center of inquiry, they show that under unjust conditions schools forfeit their ability to hold students accountable for role-dependent violations.
3
Золотарева, Анна, Anna Zolotareva, Анастасия Киреева, and Anastasiya Kireeva. "Possible Ways of Reforming of the Liability for Violations of the Tax Legislation." Journal of Russian Law 4, no. 10 (September 19, 2016): 0. http://dx.doi.org/10.12737/21541.
Анотація:
The article contains the complex analysis of the existing system of the liability for violation of the tax legislation, including the problem of correlation of the tax, administrative and criminal liability for violations of the tax legislation; competition of the jurisdictional bodies, authorized to consider cases on violations of the tax legislation in limited action with prejudice; the shortcomings of the new procedure of bringing to responsibility for the tax offence and the institute of exemption from liability for tax crimes; the ineffectiveness of combating tax crime. According to the analysis the author have made a conclusion that there are systemic problems in the sphere of responsibility for violations of the tax legislation, which cannot be overcome by conservative methods. A radical revising of correlation between various types of responsibility for violation of the tax legislation and creation of a specialized tax justice are required. The article suggests a number of alternative directions for the complex reforming of the tax, administrative and criminal responsibility in the sphere of taxation.
4
Burke, Roland. "Universal Rights, Systemic Violations, and Cultural Relativism in Morocco." British Journal of Middle Eastern Studies 44, no. 3 (February 15, 2017): 469–71. http://dx.doi.org/10.1080/13530194.2017.1290775.
5
Kumar, Kirthi Raman, and Chandra Mohan. "B-cell tolerance checkpoint violations in systemic lupus erythematosus." Future Rheumatology 2, no. 4 (August 2007): 415–22. http://dx.doi.org/10.2217/17460816.2.4.415.
6
Perry, Wendy. "Universal rights, systemic violations, and cultural relativism in Morocco." Journal of North African Studies 19, no. 5 (September 16, 2014): 871–73. http://dx.doi.org/10.1080/13629387.2014.957025.
7
Gurina, Anna, Marina Nagaeva, Maria Zaitseva, Aleksey Lebedev, and Luiza Kuratova. "THE ROLE OF ORAL MICROBIOCENOSIS DISORDERS IN THE FORMATION OF SOMATIC AND DENTAL PATHOLOGY." Actual problems in dentistry 18, no. 2 (August 18, 2022): 15–22. http://dx.doi.org/10.18481/2077-7566-2022-18-2-15-22.
Анотація:
A review of the literature devoted to an urgent topic in dentistry – the role of violations of the microbiocenosis of the oral cavity in the formation of somatic and dental pathology. Interactions with the microbiota lay the most important aspects of normal physiology, metabolism and human immunity.
The aim of the study is to review the modern scientific literature (for the period from 2016 to the present), highlighting the role of violations of the microbiocenosis of the oral cavity in the formation of oral-systemic communication, somatic and dental pathology.
Methodology. The data of special literature were studied using scientific search library databases: PubMed Central, Elibrary. The search for original scientific publications was carried out by keywords. This review includes an analysis of 59 scientific sources.
Results and conclusions. This literature review systematizes modern scientific data on the relationship between the violation of the microbiota of the oral cavity and the formation of a diverse somatic and dental pathology, parallels are drawn between individual microbial agents and associations and specific diseases. The review also presents up-to-date data on the study of the features of the course of SARS-CoV-2 infection, including in the aspect of the importance of the oral microbiota during coinfection. The review allowed us to identify a number of common mechanisms in the development of microbiota-induced pathological processes, to substantiate the practical significance of the problem, which is associated with the need to take into account the nature of the oral microbiota, its possible violations in the diagnosis, treatment, prevention of dental and systemic diseases. The prospects for further research are formulated, which can be the basis for predicting the risk of individual dental and systemic diseases.
8
Achmad, Yulianto, Nanik Prasetyoningsih, and M. Reformis Al Fath. "ASEAN Non-Intervention Principles: An Alternative Settlement towards Human Rights Violation in Rohingya." Jurnal Media Hukum 28, no. 1 (July 1, 2021): 118–35. http://dx.doi.org/10.18196/jmh.v28i1.10892.
Анотація:
The frame of international news is colored with a series of systemic and consistent human rights violation experienced by the Rohingya ethnic group in Burma. Toward this case, it is unlikely for Burma to be willing and to be able to resolve this case internally. Hence, as a regional security and stability guard in the Southeast Asia region, ASEAN should take part in settling human rights violations that occur in its member states. However, every settlement attempted by ASEAN is constantly distracted with Non-Intervention Principles. This research aims to examine the alternative ideas for Non-Intervention Principles of ASEAN as a settlement towards human rights violation on Rohingya ethnic. This research used normative research, based on the secondary data was employed as the research method. The obtained data were analyzed by using qualitative analysis. The research found that the Non-Intervention principle has been applied in ASEAN in the most rigid form. Meanwhile, Humanitarian Assistance and Humanitarian Intervention mechanism is an alternative settlement towards human rights violations on the Rohingya ethnic group in Myanmar
9
Holdo, Markus. "Violations of basic deliberative norms: The systemic turn and problems of inclusion." Politics 40, no. 3 (November 8, 2019): 348–62. http://dx.doi.org/10.1177/0263395719887329.
Анотація:
What is the appropriate way to respond to actions that break basic norms of respectfulness, sincerity, and public-mindedness? At the same time as this question has become a central concern for democratic societies, a ‘systemic’ turn has unsettled established solutions for democratic theorists. From the systemic perspective, it is more important how actions contribute to public discourse than whether they meet standards of deliberation individually. This article challenges theorists to consider three additional propositions: (1) to be inclusive and deliberative, the system and its parts must be mutually supportive; (2) well-performing systems have sufficient reflective capacity to examine their own deficiencies when violations of basic norms occur; and (3) the performance of a deliberative system needs to take into account both the frequency of violations and the reflective qualities of the system’s response. For a well-performing system, violations of basic norms are opportunities to learn and strengthen the support for spaces of deliberation.
10
Mammadrzali, Shahin Sabir. "Unchained freedom in cyberspace: a new danger for children’s rights." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 391–95. http://dx.doi.org/10.36695/2219-5521.1.2020.77.
Анотація:
The article is dedicated to the harm of cyberspace over children's digital rights in the Internet and introduces conclusions for better defeating digital violations. Digital violations against child rights exist in various forms. Although violation of children's digital rights is the reality of current life, still there is no unified and well-developed system of solutions to restrict freedom in cyberpace. Cyberspace opens new borders for entertainment, education, cultural and moral development of children. Yet, possible difficulties arise when it comes to suitable child rights. Children's digital rights is significantly more complex and multifaceted. Few norms in international law can be found for the regulation of cyberspace and the digital rights of children in this new medium. The content and scope of digital rights of children have not been defined yet. Thus, systemic international and national cyberspace mechanisms relating to the rights of the child should be created on the basis of state control.
11
Antoci, Albert, and Anatol Cananău. "The role of the compensatory mechanism in the implementation of criminal policy and criminal enforcement policy." National Law Journal, no. 3(245) (February 2022): 151–59. http://dx.doi.org/10.52388/1811-0770.2021.3(245).15.
Анотація:
Repeated requests from applicants to the European Court of Human Rights v. The Republic of Moldova described the same problems with material conditions of detention, such as overcrowding in prisons, lack of hygiene and adequate material conditions of poor quality and quantity. Insufficient food, as well as a lack of adequate medical care, led the Court to find that poor detention conditions in the Republic of Moldova are a systemic problem. The state of affairs in which the Republic of Moldova was mentioned conditioned the immediate implementation of remedies with preventive and compensatory effects that would guarantee an effective compensation from the state for violations of the Convention, violations that occurred not only during detention but also in the time the person was under criminal investigation. Such a remedy has been recognized as a compensatory mechanism, through which the claimant can submit a claim to the national court, which, if it finds that there has been a violation of the Convention, is entitled to reduce part of the compensation mechanism by applying the compensatory mechanism. the custodial sentence applied.
12
Meyerson, Denise. "When is discrimination unfair? A relational reconstruction of the Constitutional Court’s dignity-based approach." South African Law Journal 141, no. 2 (2024): 257–92. http://dx.doi.org/10.47348/salj/v141/i2a2.
Анотація:
In this article, I examine the dignity-based test for unfair discrimination developed by the Constitutional Court of South Africa. First, I argue that the point of antidiscrimination rights is to protect equality. They seek to prevent a comparative wrong — wrongful disparities in treatment. Violating dignity appears, however, to be a non-comparative wrong — one that is independent of the treatment extended to others. Tying unfair discrimination to dignity violations therefore seems to miss the comparative concerns that underlie anti-discrimination rights. Adding that everyone is ‘equally’ entitled to be treated with dignity does not solve the problem. I respond to this apparent difficulty with the court’s approach by suggesting that the court is best understood as concerned with a distinctive kind of dignity — status dignity. I also argue that there is an attractive conception of equality — relational equality — that explains why violations of status dignity are violations of equality. This interpretation provides the requisite egalitarian foundation for the court’s approach. Secondly, I address the criticism that a dignity-based understanding of substantive equality is too limited to address systemic inequalities. I suggest that an understanding based in status dignity is suitably robust and requires far-reaching reforms and restructuring of social practices.
13
Saccucci, Andrea. "Accesso ai rimedi costituzionali, previo esaurimento e gestione "sussidiaria" delle violazioni strutturali della CEDU derivanti da difetti legislativi." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 2 (July 2012): 263–91. http://dx.doi.org/10.3280/dudi2012-002002.
Анотація:
The increasing number of judgments delivered by the Strasbourg Court in cases of human rights violations stemming from a systemic problem in the domestic legal system of a contracting State (so called "structural violations") and the development of the caselaw on the obligation of States to adopt general measures under Article 46 ECHR to remove the causes of such violations (including by amending the relevant legislation) are reinforcing the idea of Court as a sort of pan-European constitutional jurisdiction entrusted with the mandate to safeguard the European public order. At the same time, the "collective" dimension of the protection mandate must always be balanced against the need to afford individual justice to the "victims, calling for a better coordination of the two concurring interests. The article focuses on how to ensure that structural violations of ECHR rights caused by defects of domestic legislation are dealt with in accordance to the principle of subsidiarity, which is at the core of the entire protection mechanism established by the Convention. After highlighting the role of subsidiarity in respect of this particular kind of violations, the author explores two possible alternative developments of the Strasbourg case-law which would contribute to strengthening the cooperation between domestic constitutional jurisdictions and the ECHR system in those States (like Italy) where individuals do not enjoy direct access to constitutional justice. Notably, the author suggests a reinterpretation of the rule of previous exhaustion of domestic remedies in order to allow national judges to assess in the first place whether a law is compatible with the ECHR; in the alternative, the Court should conclude for a violation of the right to an effective remedy under Article 13, imposing on the contracting State the obligation to provide forms of individual constitutional justice at the domestic level that would ensure the "subsidiary management" of structural violations and of the mass litigation arising thereout
14
Shapovalova, Anna, and Nataliіa Fedorovska. "“Filtration” of the population in the temporarily occupied territories of Ukraine as an instrument of genocide." Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav 14, no. 2 (April 24, 2024): 61–73. http://dx.doi.org/10.56215/naia-chasopis/2.2024.61.
Анотація:
The relevance of this study stems from the need to investigate the “filtration” structure introduced by the occupation authorities, which contains violations of international humanitarian law. The purpose of this study was to investigate the conceptual and organisational foundations of the “filtration” system through the lens of international human rights law. Considering the subject matter and the purpose of this study, a range of scientific methods was employed, including terminological, systemic and structural, formal and logical, which helped to investigate the subject matter and summarise the analysis findings. The study covered the testimonies of victims about the crimes committed against them while passing through the filtration labyrinth. The study outlined the problematic issues of proving crimes committed on the territory of Ukraine, considering the practice of European and international court decisions on violations of civilian rights through the lens of international humanitarian law related to armed conflict. The study concluded that the “filtration” of the Ukrainian population in the temporarily occupied territories is a gross violation of human rights and contradicts the principles of democracy, freedom, and self-determination. Targeted sanctions against those responsible for these violations are crucial to hold them accountable for their actions. The study concluded that stopping the practice of “filtration” and facilitating the restoration of the rights and freedoms of the Ukrainian population in the temporarily occupied territories is possible only through diplomatic efforts and international cooperation. The main provisions of this study will encourage further investigations of crimes with the recording of testimonies and evidence, as well as contribute to the development of sound policies, mechanisms of international accountability, and prevention of potential violations in the interests of justice and protection of civilians
15
Zborovsky, G. E., and P. A. Ambarova. "Typologies of anomalies in higher education." RUDN Journal of Sociology 21, no. 3 (September 17, 2021): 497–511. http://dx.doi.org/10.22363/2313-2272-2021-21-3-497-511.
Анотація:
Under the transformation of the Russian higher education, its development is hindered by the wide spread of anomalies which carry serious risks for the universities, higher education and society. The article presents the authors interpretation of anomalies in higher education as violations of the substantial, structural and functional nature, determined by the mismatch of actions and interactions in universities with the fundamental norms of higher education. The research aims at providing typologies of anomalies in higher education. The practical meaning of these typologies is to use them as a basis for developing social technologies, mechanisms and forms of prevention and overcoming various types of violations in higher education. The authors use three methodological approaches - institutional, structural, and community-based - to introduce a theoretical framework for the study of anomalies in higher education. The typologies of anomalies were identified on the basis of the following criteria: 1) the nature of norms violated - anomalies of deviant (violation of moral norms) and delinquent (violation of legal norms) types; 2) the nature of anomalies manifestation - explicit and latent types; 3) the spheres of their manifestation - anomalies in the educational process, research, management, and social activity; 4) the levels of their manifestation - institutional, systemic and community-based anomalies; 5) subjects of abnormal behavior - anomalies in the communities of students, pedagogical, scientific stuff, and managers.
16
Evans, Donna Maree, Marlise L. Richter, and Munyaradazi I. Katumba. "Policing of sex work in South Africa: The positive policing partnership approach." Journal of Community Safety and Well-Being 4, no. 4 (December 31, 2019): 80–85. http://dx.doi.org/10.35502/jcswb.107.
Анотація:
All aspects of sex work are criminalized in South Africa. Due to their marginalized position in society, sex workers are often the target of police violence and human rights violations, all of which have far-reaching implications for public health. Existing complaint mechanisms and police oversight structures rarely ensure accountability for sex worker human rights violations. In 2016, various sex work sector stakeholders and allied civil society members partnered in a collaborative project to document the operational policing challenges and record a contemporary evidence base of sex worker rights violations by law enforcement. The findings demonstrated that violation of sex worker human rights is systemic, pervasive, and entrenched. The project approach helped catalyze a move away from more traditionally adversarial approaches, withstakeholders from the South African sex work sector forming the Positive Policing Partnership (PPP) as an advocacy vehicle to drive positive, solution-focused engagement on the operational policing challenges. The PPP focuses on collaboration, innovative partnerships, and capacity building. Concurrently, the COC Netherlands Dignity, Diversity and Policing project has successfully embedded a rights-based police training curriculum in partnership with the South African Police Service (SAPS). These projects employ different strategies and frameworks to catalyze positive change and to support effective engagement between the sex work sector, law enforcement, and government. This article provides a snapshot of the formation, activities and progress of these projects to date, teamed with a summary of key strategies and learnings.
17
Zulkarnaev, Alexey B. "Systemic endotoxemia in patients with chronic kidney disease." Clinical Medicine (Russian Journal) 96, no. 1 (April 9, 2018): 13–19. http://dx.doi.org/10.18821/0023-2149-2018-96-1-13-19.
Анотація:
Endotoxin plays an important role in the pathogenesis of atherosclerosis, metabolic syndrome, and other processes contributing significantly to mortality in patients with chronic kidney disease. Developing on the background of systemic endotoxemia chronic inflammation, causing numerous violations of adaptive-compensatory mechanisms of homeostasis regulation. The main source of endogenous endotoxin is the gut microbiome. The severity of endotoxemia increases with the progression of chronic kidney disease. In patients on hemodialysis endotoxinemia also associated with the use of high permeable membranes. Of particular importance in this case is the formation of biofilm in the dialysis lines, water purification system and central venous catheters. Targeted prevention of complications associated with systemic endotoxemia may improve outcomes in patients with chronic kidney disease.
18
Maphosa, Ropafadzo. "Are judicial monitoring institutions a legitimate remedy for addressing systemic socioeconomic rights violations?" South African Journal on Human Rights 36, no. 4 (October 1, 2020): 362–85. http://dx.doi.org/10.1080/02587203.2021.1934105.
19
Brensike Primus, Eve. "Federal Review of State Criminal Convictions: A Structural Approach to Adequacy Doctrine." Michigan Law Review, no. 116.1 (2017): 75. http://dx.doi.org/10.36644/mlr.116.1.federal.
Анотація:
Modern state postconviction review systems feature procedural labyrinths so complicated and confusing that indigent defendants have no realistic prospect of complying with the rules. When defendants predictably fail to navigate these mazes, state and federal courts deem their claims procedurally defaulted and refuse to consider those claims on their merits. As a result, systemic violations of criminal procedure rights—like the right to effective counsel—persist without judicial correction. But the law contains a tool that, if properly adapted, could bring these systemic problems to the attention of federal courts: procedural adequacy. Procedural adequacy doctrine gives federal courts the power to ignore procedural defaults and declare state procedural rules inadequate when those rules unduly burden defendants’ abilities to assert violations of their federal rights. And unlike the more commonly invoked cause and prejudice doctrine, which excuses default on the theory that a defendant’s unusual circumstances justify an exception to the rules, procedural adequacy doctrine allows courts to question the legitimacy of the state procedural regimes themselves. Procedural adequacy doctrine can therefore catalyze reform in a way that cause and prejudice cannot. For procedural adequacy litigation to catalyze reform, however, it must be adapted to modern circumstances in one crucial respect. Historically, procedural adequacy doctrine focused on cases involving the deliberate manipulation of individual rules. Today, what is needed is a structural approach to adequacy, one that would consider how the interaction of multiple procedural rules unfairly burdens federal rights. Such a structural approach to adequacy is consistent with the doctrine’s original purposes and is the most sensible way to apply procedural adequacy under current conditions. Litigants should accordingly deploy a structural approach to procedural adequacy doctrine and use it to stop states from burying systemic constitutional violations in complicated procedural labyrinths.
20
Vypritskova, Darya V., Tagir F. Sagatdinov, Ekaterina S. Kulakova, and Tamara V. Grigorieva. "PREDICTION OF EMERGENCY SITUATIONS IN THE PRODUCTION OF ZEOLITE TYPE A." Oil and Gas Business, no. 2 (May 19, 2023): 218–39. http://dx.doi.org/10.17122/ogbus-2023-2-218-239.
Анотація:
This article examines the problem of an emergency situation at work. The main causes of accidents at zeolite production facilities are described. The aim of the work is to improve the efficiency of the industrial safety and labor protection management system at the facility by analyzing incidents, identifying causes and systemic violations, finding solutions to prevent and eliminate such situations. In accordance with the goal, the following tasks were set: analysis of accidents, incidents and incidents at the considered and similar facilities, systematization and detailed analysis of technical and organizational causes and systemic violations leading to the occurrence of accidents. Based on the analysis, make recommendations on improving the effectiveness of measures to ensure industrial safety and labor protection at the facility.After analyzing a number of emergencies, it is possible to identify the causes and systemic violations. All the reasons can be divided into two groups: organizational and technical. As a result of a systematic analysis of the causes of emergencies, the primary sources of its occurrence were identified for each group of causes, and areas of activity were proposed, as a result of which, in the case of their effective application, the number of accidents significantly decreases, and the indicators of safe work at facilities increase. The main conclusions of the work: 1. it is necessary to modernize production with the involvement of financing for the renewal of outdated equipment; 2. pay special attention to the selection of qualified personnel, their training and motivation; 3. effective and high-quality management of human resources, together with the involvement of funding sources to solve technical problems, will, in our opinion, ensure an acceptable level of security. The practical significance of the work done lies in the implementation of the proposed measures to improve the efficiency of industrial safety and labor protection management.
21
Ziamko, V. Yu, A. M. Dzyadzko, A. E. Shcherba, S. Yu Pushkin, E. V. Arshintseva, and V. N. Grushin. "Influence of perfluoroorganic emulsion on morphometric parameters of the liver in a systemic inflammatory response (experimental study)." Messenger of ANESTHESIOLOGY AND RESUSCITATION 20, no. 6 (December 16, 2023): 43–51. http://dx.doi.org/10.24884/2078-5658-2023-20-6-43-51.
Анотація:
The objective was to study the effect of drug «Oxyphtem»1 on liver morphometric parameters in a systemic inflammatory response.Materials and methods. The experimental study was carried out on male Wistar rats (n = 26). The rats of the experimental group were injected with drug «Oxyphtem» intravenously once. Daily observation was carried out during14 days. Rats were taken out of the experiment on the 15th day under light ether anesthesia. Liver samples were fixed in 10 % neutral formalin in phosphate buffer for 24 hours. Histological preparations were studied using the Measure Pixels image analysis computer program based on a Leica 2000 light microscope.Results. In the intact group of rats, no violations of the liver parenchyma were detected: hepatocytes had clear boundaries, the lamellar structure was preserved and sinusoidal capillaries were not dilated. With the development of the systemic inflammatory response in the liver of rats of the control group, expansion and blood filling of the central veins and sinusoids, violation of the structure of the liver plates, and perinuclear edema of hepatocytes were noted. In the experimental group of rats with the use of drug «Oxyphtem», the preservation of the structure of the liver plates was observed, binuclear hepatocytes were found, and the sinusoids were not expanded. We hypothesize that hepatocyte proliferation and the increase in binuclear hepatic cells were indicative of the regenerative response to systemic inflammatory damage and metabolic demand.Conclusion. The use of drug «Oxyphtem» under conditions of the experimental systemic inflammatory response increases reparative regeneration and adaptation of the liver.
22
Agbor, Avitus, and Derrick T. Cho. "Prosecuting Human Violations Committed in the Anglophone Cameroon Crisis: A Disquisition on the Legal Framework." Potchefstroom Electronic Law Journal 25 (March 9, 2022): 1–29. http://dx.doi.org/10.17159/1727-3781/2022/v25ia11343.
Анотація:
The prosecution of perpetrators of mass violations of human rights remains one of the unfinished tasks of Africa's ʺdemocraciesʺ which, in itself, is eloquent evidence of the need for systemic arrangements to protect human rights, build a culture of the rule of law and ultimately defeat impunity. Emboldened by the absence of the foregoing, accountability for human rights violations of individuals and the fulfilment of the corresponding duty to prosecute violators have been contentious issues in Africa's politically volatile communities. As states are caught betwixt and between protecting human rights and holding individuals accountable, the questions about the State's fulfilment of its international obligations arises. Sourced primarily from international treaties, customary international law, and general principles of law, the duty to prosecute violations of human rights is revisited with a focus on the theoretical and legal framework. Situated in the context of the ongoing Anglophone Cameroon crisis in which political factions of the English-speaking regions are pitted against the French-speaking dominated Government of Cameroon, and bringing to the fore the violations, which have become an odious scourge, this paper argues that there is a sacrosanct duty on the Government of Cameroon to investigate, prosecute and punish such violations. The paper interrogates the relevant international law instruments and engages in a dialogue with relevant and respectable literature penned by prominent scholars and jurists on the issue of accountability. It provides an analytical disquisition on the duty to prosecute which, as argued herein, must be fulfilled by Cameroon given the violations that have been committed during the ongoing Anglophone Cameroon crisis.
23
Yurkevich, Mykhailo. "Methodology of research of legal responsibility for violation of forest legislation." Legal Ukraine, no. 7 (September 21, 2020): 58–65. http://dx.doi.org/10.37749/2308-9636-2020-7(211)-7.
Анотація:
The article considers the methodology of research of legal liability for violations of forest legislation, as well as methodological tools specific to this area of jurisprudence, which provides a comprehensive and comprehensive study of this phenomenon. Methodological approaches that are crucial for the disclosure of this topic include systemic, historical and demanding approaches. Examples of normative-legal acts which were investigated by means of system, logical, historical-chronological and hermeneutic methods are given. The methodology for researching legal liability for violation of forest legislation as a social phenomenon includes general philosophical approaches common to all sciences, methods of other legal and non-legal sciences, as well as methodological tools typical for this particular area of jurisprudence, which provides a comprehensive and comprehensive study of this phenomenon. The methodological approaches, which are of decisive importance for the disclosure of this topic, include the systemic, historical and need-based approaches. Among the general philosophical, general scientific and special scientific research methods, which reveal as fully as possible the problems of legal responsibility for violation of forest legislation, include methods based on three laws of dialectics, logical (in which methods of analysis, synthesis, abstraction are highlighted), historical-chronological, hermeneutic, comparative and formal legal. The examples of normative legal acts, which were studied using a systematic approach, logical, historical-chronological and hermeneutic methods, are given. Key words: legal responsibility, forestry legislation, methodology, methodological approach, method, general scientific methods, normative legal act, penalties.
24
Bilichenko, T. N. "Diagnosis and treatment lung damage in systemic scleroderma." Clinical Medicine (Russian Journal) 98, no. 3 (July 16, 2020): 185–96. http://dx.doi.org/10.30629/0023-2149-2020-98-3-185-196.
Анотація:
The progressing system sclerosis (PSS), M34.0 according to IСД-10 — an autoimmune disease with characteristic spastic vascular reactions as Reynaud’s syndrome and obliterating endarteritis with ischemic violations at which the specific frustration which are followed by activation of a fibrosis and excess adjournment of collagen in fabrics develop. The progressing current of PSS leads to development of irreversible fibrous changes of skin, the musculoskeletal device, internals (lungs, heart, a digestive tract, kidneys), to malfunction of bodies, an disability of patients with the general bad forecast of a disease. Thanks to modern therapy severe damage of kidneys, meets at PSS more rare and changes in lungs in a clinical picture come to the forefront. Early diagnostics of PSS and the differentiated approach to treatment of a disease can change the course and prognosis of the disease considerably.
25
Viljoen, S. "The Systemic Violation of Section 26(1): An Appeal for Structural Relief by the Judiciary." Southern African Public Law 30, no. 1 (November 23, 2017): 42–70. http://dx.doi.org/10.25159/2522-6800/3527.
Анотація:
In 2014, a year supposedly marked to celebrate twenty years of democracy and the transformation of our housing regime from one being grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution the poorest households in South Africa remain subject to not only intolerable housing conditions, but also unlawful state evictions. The housing jurisprudence has developed certain indicators of the state’s constitutional obligations and these indicators constitute the courts’ conception of its expectations of the state in complex housing disputes that generally concern homelessness/landlessness. However, recent state actions taken in contravention of section 26 indicate the systemic violation of the right to the extent that it is deprived of all meaning. With the required cognisance of the courts’ inherent competencies, concerns for separation of powers boundaries and an inclination to maintain a high level of deference in polycentric matters with economic and social consequences for the community, the courts are obliged to hold government accountable and vindicate the violation of fundamental rights. A form of reparation is therefore required that is able to address these violations in a systemic manner, without usurping the functions of the executive. Structural relief is apt in such instances, provided that it is structured in a specific manner to address immediate and long-term housing needs in a way consistent with other constitutional provisions and the underlying values of the Constitution. A once-off form of relief is inappropriate to counter the systemic violation of the right of access to adequate housing.On the other hand, a structural interdict is different to the extent that it can consist of different remedial phases over which the court retains jurisdiction to ensure that the state complies with its section 26(2) obligations. Throughout this process of supervision the court should encourage a dialogue between the different stakeholders and assist with predeterminations of the kinds of governmental actions that would be unreasonable, procedurally unfair and generally in contravention of the Constitution.
26
Stevanovic, Ivana. "Protection of the child right to privacy in a criminal procedure and media reporting." Temida 11, no. 2 (2008): 49–60. http://dx.doi.org/10.2298/tem0802049s.
Анотація:
Practice demonstrates the importance of raising awareness about the problem of violence against children as well as the necessity of full protection of the right to privacy of minors as participants of criminal proceedings. Journalists must have special knowledge in order to report on criminal justice proceedings dealing with minors. On the other hand, authorized representatives of departments and institutions that participate in criminal justice protection of minors must be trained to present information to the media in a manner that would hinder its random interpretation in public information resources. Furthermore, the author insists on the practical obligation of the state to take systemic measures in suppressing and protecting minors from violations of their right to privacy and the consistent sanctioning of any violation of this right by representatives of the media, as well as by professionals authorized for protection of the right to privacy of minors.
27
Abdikeeva, Alphia, Tamar Ezer, and Alina Covaci. "Assessing Legal Advocacy to Advance Roma Health in Macedonia, Romania, and Serbia." European Journal of Health Law 20, no. 5 (2013): 471–86. http://dx.doi.org/10.1163/15718093-12341297.
Анотація:
Abstract Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media advocacy, and iv) strategic litigation. This article presents a framework developed to evaluate the effectiveness of these efforts and a baseline against which outcomes can be measured in a few years. The evaluation framework provides a qualitative assessment of Roma capacity, accountability for violations, changes in law and practice, and impact on communities. Findings reveal that that presently Roma lack knowledge of their rights and rarely challenge violations. Accountability in healthcare is practically non-existent. However, where legal advocacy has been used, violations decrease, and power dynamics shift. As healthcare becomes more responsive to communities, it also better serves non-Roma citizens.
28
Dzehtsiarou, Kanstantsin. "Georgia v. Russia (II)." American Journal of International Law 115, no. 2 (April 2021): 288–94. http://dx.doi.org/10.1017/ajil.2021.7.
Анотація:
On January 21, 2021, the European Court of Human Rights (ECtHR or Court) issued its judgment in the interstate case of Georgia v. Russia (II). Georgia complained that Russia committed systemic human rights violations in the course of the 2008 war in South Ossetia and Abkhazia. Both of these regions are de jure parts of Georgia, but they have not been effectively governed by central Georgian authorities since the collapse of the Soviet Union in 1991. During the night of August 7–8, 2008, Georgian artillery attacked Tskhinvali (the administrative capital of South Ossetia). Russian forces entered South Ossetia and Abkhazia the next day. Russian and Georgian troops engaged in hostilities for five days, before agreeing a ceasefire on August 12, 2008. Since then, a significant military contingent of Russian troops has remained in South Ossetia and Abkhazia. The Georgian authorities complained of systemic violations of European Convention on Human Rights (ECHR) Articles 2 (right to life), 3 (prohibition of torture), 5 (right to liberty), and 8 (right to privacy), ECHR Protocol 1 Articles 1 (right to private property) and 2 (right to education), and ECHR Protocol 4 Article 2 (Freedom of movement).
29
Lemmens, Koen, and Sébastien Van Drooghenbroeck. "How “Systematic” is the European Court of Human Rights’ Approach to “Systemic” Violations of the Convention?" German Law Journal 24, no. 6 (September 2023): 1044–61. http://dx.doi.org/10.1017/glj.2023.60.
Анотація:
AbstractIn analyzing the mission of the European Court of Human Rights, it is common to distinguish between what is akin to “individual justice” and what is more akin to “constitutional justice.” The way in which the Court combines the two depends on its “judicial policy.” In this contribution, we will examine how the “systemic” nature of the violations complained of affects the “judicial policy.”
30
Lazarenko, Viktor A., Elena A. Bobrovskaya, Vladimir N. Mishustin, Anna V. Mezentseva, and Arina A. Petrova. "Functional activity of the endothelium and immune status in atherosclerotic lesions of the aorto-iliac segment and revascularization." Курский научно-практический вестник «Человек и его здоровье», no. 4 (December 2020): 11–20. http://dx.doi.org/10.21626/vestnik/2020-4/02.
Анотація:
Objective. The aim of the study is the evaluation of endothelial functional activity and immune status in systemic and local blood flow in atherosclerotic lesions of the aorto-iliac segment after open and endovascular interventions and establishing the relationship with the lesion class. Materials and methods. The study included 190 patients with lesions of the aorto-iliac segment. Depending on the type of surgical intervention, patients were divided into two groups: group I (n=97) - patients who underwent aorto-femoral bypass surgery, group II (n=93) - patients who underwent TRANS-balloon angioplasty with stenting of the iliac arteries. Results. Violations of the functional state of the endothelium and the immune status in the systemic and local blood flow, which do not correlate with the TASC II lesion class (TransAtlantic Inter-Society Consensus II), were revealed. There were differences in the factors of endothelial damage (in patients of group II before surgery, the level of homocysteine in the systemic blood flow, oxidized low-density lipoproteins in the systemic and local blood flow), hemostatic form of endothelial dysfunction (in group I, inhibitor of tissue plasminogen activator type I (PAI-1) in the systemic and tissue plasminogen activator (t-PA) in the local blood flow) and apoptosis (higher in group I in the systemic and local blood flow). During revascularization of the aorto-iliac segment, there were violations of the hemostatic form of endothelial dysfunction in group II with an increase in PAI-1 by 14.8% (p<0.001) in the systemic blood flow and by 1.9 times (p<0.001) in the revascularized arterial segment compared to group I. In group II after revascularization was significantly higher the immunoglobulins (Ig) class A in system and the circulating immune complexes, interleukins 1 (IL-1) in local blood flow and lower levels of IgM, interleukins 6 (IL-6), IL-1 in system and IgA, IgM, IL-6 in local blood flow compared with I group. Conclusion. The study of the features of the functional state of the endothelium and the immune status will optimize the management strategies of patients after various types of revascularization interventions on the aorto-iliac segment.
31
Halberstam, Daniel, and Sina Van Den Bogaert. "A fresh look at judicial remedies in EU equality law and beyond: The untapped possibility of structural injunctions." Common Market Law Review 60, Issue 5 (October 1, 2023): 1269–312. http://dx.doi.org/10.54648/cola2023093.
Анотація:
This article proposes a shift in thinking about judicial remedies (or “sanctions”), from anti-discrimination law to equal pay and beyond.We suggest the currently preferred remedies – one-off declarations, compensation, fines, and simple orders to obey the law – may be insufficient when confronting a recalcitrant institution, complex violations, and broad, ongoing harm. In such cases, we suggest considering a remedy long overlooked in Europe: a “structural injunction”, i.e. ordering changes to an offending organization’s structure, processes, or rules. We argue that under certain circumstances, an injunction, including a structural injunction, may be appropriate or required under EU law to remedy persistent (including “systemic” or “structural”) organizational discrimination. After considering the injunctive demands of Union law, and the appropriateness of structural injunctions, we examine their compatibility with national constitutional traditions. Finally, we analyse different forms of structural injunctions to show how courts may issue them – in what we call their “modern” form – while minding the judiciary’s constitutional role and institutional competence. This article seeks to inform current theory and practice from legislative drafting to enforcement of European equality law, as well as other areas where complex or systemic organizational violations persist. Comparative analysis informs our argument. judicial remedies, EU equality law, structural injunctions
32
Smirnova, Irina. "To the Question of the Independence of Judges Through the Prism of the Requirements Imposed on Them." Russian Journal of Criminology 16, no. 5 (November 28, 2022): 621–28. http://dx.doi.org/10.17150/2500-4255.2022.16(5).621-628.
Анотація:
In connection with the 30th anniversary of the adoption of the law of the RF «On the Status of Judges in the Russian Federation», the author presents an assessment of the existing theory and practice of understanding the principle of the independence of judges in criminal court proceedings through the prism of the requirements imposed on judges. Two aspects are stressed - committing actions that diminish the authority of the judicial power (violations of the Judges Code of Ethics) and the conflict of interests. Having analyzed the established work practice of the Judicial Qualification Committees of the subjects of the Russian Federation, the author states that there is no unified approach to proving the violations of the procedural law and their connection with the violation of the Judges Code of Ethics. The section of the article devoted to the necessity of avoiding a conflict of interests highlights that the currently used legal regulation of this issue is non-systemic, and also presents a description of the position of Judicial Qualification Committees regarding the differentiation of approaches to evaluating a conflict of interests for candidates to judges and for acting judges. The conducted research allowed the author to state that if the abovementioned Code provides for an opportunity to disqualify a judge due to violations of ethical prescriptions, then the corresponding clauses should be reflected in the law and should totally exclude multiple interpretations. In its turn, in order to develop a uniform practice of understanding a conflict of interests by Judicial Qualification Committees, it is necessary to provide a legal regulation of the so-called feedback with the goal of providing them with motivated decisions on the appointment of the candidates they approved as judges or the refusal to do so, which will contribute to ensuring the consistency of the law enforcement practice and will give the Committees confidence regarding the correctness of their decisions.
33
Rafiq, Fatima, Mazhar Javed Awan, Awais Yasin, Haitham Nobanee, Azlan Mohd Zain, and Saeed Ali Bahaj. "Privacy Prevention of Big Data Applications: A Systematic Literature Review." SAGE Open 12, no. 2 (April 2022): 215824402210964. http://dx.doi.org/10.1177/21582440221096445.
Анотація:
This paper focuses on privacy and security concerns in Big Data. This paper also covers the encryption techniques by taking existing methods such as differential privacy, k-anonymity, T-closeness, and L-diversity. Several privacy-preserving techniques have been created to safeguard privacy at various phases of a large data life cycle. The purpose of this work is to offer a comprehensive analysis of the privacy preservation techniques in Big Data, as well as to explain the problems for existing systems. The advanced repository search option was utilized for the search of the following keywords in the search: “Cyber security” OR “Cybercrime”) AND ((“privacy prevention”) OR (“Big Data applications”)). During Internet research, many search engines and digital libraries were utilized to obtain information. The obtained findings were carefully gathered out of which 103 papers from 2,099 were found to gain the best information sources to address the provided study subjects. Hence a systemic review of 32 papers from 103 found in major databases (IEEExplore, SAGE, Science Direct, Springer, and MDPIs) were carried out, showing that the majority of them focus on the privacy prediction of Big Data applications with a contents-based approach and the hybrid, which address the major security challenge and violation of Big Data. We end with a few recommendations for improving the efficiency of Big Data projects and provide secure possible techniques and proposed solutions and model that minimizes privacy violations, showing four different types of data protection violations and the involvement of different entities in reducing their impacts.
34
Wood, Tim. "Domestic Politics, International Crimes: Gross Violations of the Right to Political Participation." International Criminal Law Review 16, no. 4 (August 18, 2016): 730–54. http://dx.doi.org/10.1163/15718123-01605001.
Анотація:
This article posits that gross breaches of the human right to political participation – in electoral contexts and more generally – are a central (if so far implicit) preoccupation of international criminal law. In particular, drawing on case law concerning attacks instigated by political organisations against their opponents, the author suggests that infringements of political participation can and do pervade the contextual elements of crimes against humanity. More concretely, depending on the circumstances, the author argues that deprivations of political participation may constitute the underlying offence of persecution. The elucidation of this link serves to refine our understanding of crimes against humanity, enhance the potential for comprehensive transitional justice, promote the systemic integrity of international law and highlight the importance attached to democratic values.
35
Maryon, Thomas, Vandy Dubre, Kimberly Elliott, Jessica Escareno, Mary Helen Fagan, Emily Standridge, and Cristian Lieneck. "COVID-19 Academic Integrity Violations and Trends: A Rapid Review." Education Sciences 12, no. 12 (December 9, 2022): 901. http://dx.doi.org/10.3390/educsci12120901.
Анотація:
The rapid shift from classroom course delivery to online education modalities during the COVID-19 pandemic has had significant impacts on academia. Student loss of face-to-face interaction, the lost social benefits of the educational milieu, and restricted instructor ability to control both the learning environment and assessment process have been significant. The purpose of this paper is to discover if due to the unplanned shift to online course delivery, educators and researchers experienced impacts to academic integrity during the peak of the online shift. A systemic review utilizing the PRISMA methodology of peer reviewed literature published during the period of March 2020 till September 2021 demonstrated that violation types continued to fall within the existing academic integrity constructs of inappropriate information sharing, cheating on exams and assignments, incidents of plagiarism, and falsifying or fabricating information. The results showed that pre-COVID concerns with academic integrity were amplified with previous concerns moving to the forefront. In addition, the rapid shift opened doors for greater opportunity for violations and increased instructor concern especially within the hard sciences and courses with lab-based components. Reinforcing the importance of providing formal academic integrity student and faculty training can be a beneficial intervention to ensure students understand the ethical implications of student behavior and performance during the assessment process. Given the emerging trend pre-COVID that skyrocketed during the pandemic, ensuring academic integrity should remain a key priority for learning institutions.
36
Muzaleva, Tatiana I. "IMPROVEMENT OF CONTROL AND AUDIT ACTIVITIES CARRIED OUT IN EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 11/2, no. 131 (2022): 225–30. http://dx.doi.org/10.36871/ek.up.p.r.2022.11.02.034.
Анотація:
The article evaluates violations identified during control and audit activities in educational institutions of the Ministry of Internal Affairs of Russia as part of the payments of the "roadmap" to pedagogical and scientific personnel. The directions of work of the Control and Audit Department and the relevant departments of the Ministry of Internal Affairs of Russia within the framework of the decree of the President of the Russian Federation concerning the categories of employees of budgetary educational institutions as a whole are considered. The methodology developed for educational institutions of higher education in the Ministry of Education and Science of the Russian Federation with a list of evaluation indicators used in local regulations of state budgetary educational institutions is designed to reduce the number of systemic violations to establish payments provided for by the Decree of the President of the Russian Federation when they are applied.
37
Dravitsa, L. V., and E. V. Konoplyanik. "THE EFFECT OF HEMODYNAMIC FACTORS ON THE ONSET AND PROGRESSION OF PRIMARY OPEN-ANGLE GLAUCOMA (literature review, part I)." Health and Ecology Issues, no. 2 (June 28, 2012): 18–23. http://dx.doi.org/10.51523/2708-6011.2012-9-2-3.
Анотація:
Objective: to systematize the present-day conceptions of the effect of hemodynamic factors at level of the whole organism and cerebral blood flow on the onset and development of primary open-angle glaucoma. Key points: 1. General disorders of vascular blood flow cause local changes in eye hemodynamics with the subsequent development of degenerative processes in eye tissues, including the drainage unit and optic nerve. 2. The common risk factors contributing to the development of glaucoma, include violation of systemic blood flow, i.e. arterial hypotension, hypertension, vasospasm, hemodynamic crises, hemorheology disturbances, etc. 3. The structural parts of the eye are sensitive to the parameters of cerebral blood flow. The risk factors for glaucoma development are the lack of cerebral circulation (both arterial and venous circulatory distress), stenotic and atherosclerotic lesions of carotid, ophthalmic, ciliary arteries). 4. The POAG patients reveal the arterial vascular disorders specific to carotid and vertebral abnormalities. Conclusion. Not only local factors, but also the violations of general and cerebral hemodynamics influence the development of glaucoma.
38
Spiridonov, A. A. "Systemic Unity of State Control (Supervision) and Public Control as a Сonstitutional Law Principle". Lex Russica, № 6 (11 червня 2022): 48–58. http://dx.doi.org/10.17803/1729-5920.2022.187.6.048-058.
Анотація:
The paper examines the principle of systemic unity of state control (supervision) and public control in the context of constitutional law science that, according to the author, is conditioned by the logic of the development of Russian legislation concerning control and supervisory activities and provides the necessary constitutional and theoretical support point for further increasing of cohesion between the state and civil society. Based on a systematic analysis of the basic provisions of legislative acts concerning types of control, the paper shows that this constitutional law principle manifests itself in the following aspects: as a uniform conceptual approach of the law-maker to aim all types of control to achieve constitutionally significant goals and protect constitutionally significant values; orientation of all types of control to comprehensively ensure the rule of law in the areas of controlled public relations; the correlation of the content of the types of control in terms of a combination of both verification measures (or supervision) and analytical and prognostic components aimed at countering the formation of conditions conducive to violations; the correlation of the expected results of control activities within all types of control, namely, the elimination of violations and restoration of the state of protection of the rights and freedoms of individuals and legal entities and public interests; unity of the constructive nature of control activities. The practical introduction into the doctrine and law-making of the proposed constitutional law principle of the systemic unity of state control (supervision) and public control will make it possible to ensure to a greater extent that all control and supervisory activities are aimed at achieving a state of protection of constitutionally significant values, including full compliance with safeguards of human and civil rights and freedoms, strengthening the rule of law, and improving the efficiency of the state and municipal administration.
39
Kaļva, Aldis. "COMPENSATION OF NON-PECUNIARY DAMAGE CAUSED BY UNLAWFUL OR UNJUSTIFIED RESTRICTION OF LIBERTY." Administrative and Criminal Justice 2, no. 83 (September 20, 2018): 85. http://dx.doi.org/10.17770/acj.v2i83.3459.
Анотація:
In this publication it was research non-pecuniary damages caused by law enforcement agency and its indemnification. As the goal of publication was set to discover and analyse the problem about non-pecuniary damages caused by law enforcement agency and its indemnification and to investigate whether the newly adopted law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations eliminates pre-existing problems with indemnification of non-pecuniary damage caused by law enforcement agency. The raised aim was achieved. It was found, that law on Compensation for Damage Caused in Criminal Proceedings and Administrative Violations eliminates pre-existing problems when courts had problems determining the amount of compensation of non-pecuniary damages in accordance with Civil law article 5. However there are problems with fixed calculation of daily wages in the article 15. of the law on Compensation for Damage Caused in Criminal Proceedings and Administrative violations.The article uses the systemic, dogmatic and comparative method of studying and analyzing normative acts and court rulings.
40
Kanwel, Sidra, Muhammad Imran Khan, and Usman Asghar. "In the Shadow of Justice: Human Rights Implications of Criminal Acts." Journal of Asian Development Studies 13, no. 1 (February 28, 2024): 578–85. http://dx.doi.org/10.62345/jads.2024.13.1.48.
Анотація:
This research article delves into the intricate interplay between criminality and human rights violations within legal frameworks. This research scrutinizes how criminal acts, ranging from petty offenses to egregious crimes, cast a pervasive shadow over the landscape of justice and individual liberties. This article illuminates the multifaceted ways criminal behavior intersects with fundamental human rights principles by examining case studies, legislative measures, and international conventions. It explores the challenges posed by balancing the imperatives of law enforcement with the protection of civil liberties, emphasizing the need for nuanced approaches that safeguard human dignity amidst the pursuit of justice. Additionally, the article investigates the role of legal systems in addressing systemic injustices and promoting accountability for human rights violations perpetrated through criminal means. Through a comprehensive analysis, this study seeks to contribute to scholarly discourse on the complex dynamics between criminality, justice, and human rights, ultimately advocating for policies and practices that uphold the rights and dignity of all individuals within the realm of law.
41
Kwilinski, Aleksy. "A Review of the Monograph by Yu.M. Kharazishvili “Systemic Security of Sustainable Development: Evaluation Tools, Reserves and Strategic Implementation Scenarios”." Virtual Economics 4, no. 4 (December 31, 2021): 61–64. http://dx.doi.org/10.34021/ve.2021.04.04(5).
Анотація:
The monograph proposes a modern concept of sustainable development from the standpoint of security, which contains a general systematic idea of ways to move from the current position of the object of management to the desired. The necessity to adhere to the limits of safe existence of dynamic economic systems, which connects the problem of sustainable development with the problem of security, is substantiated. The presented concept is based on the methodology of identification and strategy of sustainable development from the standpoint of security and adaptive methods of regulation of management theory for the scientific justification of strategic planning in the medium and long term. It is proposed to take into account the shadow indicators in the components of sustainable development to reveal the adequacy of the real state of the economy using the developed method of its assessment and de-shadowing. The violation of the generality of macroeconomic identity of GDP by the end-use method at the regional level is proved and on this basis the method of determining the shadow net export due to violations at customs and in interregional movement of goods and services is proposed. Possibilities of application of the stated approaches at different levels of economic activity are shown. The dual role of the shadow economy is revealed: as obstacles to sustainable development and as a significant reserve for modernization and growth of Ukraine's economy.
42
Boginich, Oleh. "State responsibility to civil society: some questions of theory." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 73–81. http://dx.doi.org/10.33663/0869-2491-2021-32-73-81.
Анотація:
Introduction. State responsibility to civil society is a topic that has already been the subject of research by some scientists. It was studied by political scientists, representatives of constitutional law, administrative law, theory of state and law. At the same time, there are still issues that require additional analysis, since, from the author's point of view, the conclusions drawn in previous studies did not contribute to increasing the state's responsibility to civil society. The aim of the article. To investigate the nature of relations between the state and civil society, to establish the grounds for the emergence of its responsibility to civil society, the forms and methods of its control over the activities of individual state bodies and officials. Results. Control functions are immanent to the vital activity of any system. The specifics of a state-organized society necessitate two functions of control – control by society over the state as a special authorized body for solving general cases of the first, and internal control of the state over compliance with the parameters of the system defined by society. From the content of Article 1 of the Constitution of Ukraine, it follows that Ukraine is a sovereign and independent, democratic, social and legal state. These principles constitute the characteristics of the state, which the society, through its representatives in Parliament, when adopting the basic law, authorized to observe in its activities. However, the practice of the activities of state bodies of Ukraine at the present stage indicates total violations of these principles. One of the reasons for this situation is incorrectly established ties between the state and society. Most authors refer to these relations as parity, where the state and society are equal subjects . From our point of view, they are not and cannot be parity, since the state is a function of society, and there is a functional connection between them. Contrary to these conclusions, the activities of the president of Ukraine and the Verkhovna Rada of Ukraine for violating their duties are not accompanied by the onset of legal liability for them. This, in particular, applies to such cases as the confrontation between the president of Ukraine and the Constitutional Court of Ukraine, where the former unconstitutionally attempted to resolve this confrontation in his favor, suggesting that the parliament dissolve the Constitutional Court of Ukraine. This, in addition to violating their obligations to comply with the Constitution of Ukraine, should also be interpreted as a violation of their oath, which contains similar requirements for their activities. In this regard, measures are considered necessary to apply measures of legal liability to the president for violating his duties and Oath. Similar conclusions should be drawn regarding the failure to fulfill election promises on the part of people's Deputies of Ukraine, as well as their violation of the oath they take in accordance with Article 79 of the Constitution of Ukraine. Conclusions. Summing up, we can conclude that without strengthening the legal responsibility of the state to civil society for non-fulfillment of its duties, the rights of citizens will be subject to systemic violations. Political responsibility is regulated by the norms of law, and therefore it is also a legal liability, it also contains the composition of an offense, in particular a constitutional tort as the basis for its occurrence, and therefore it should necessarily provide for the existence of sanctions for violating the obligations of the relevant authorized entities. Legal liability of officials who head or are members of state bodies should always be accompanied by bringing the perpetrators to justice (constitutional, criminal, administrative, civil, disciplinary).
43
Hagan, John, and Fiona Kay. "Gender and Delinquency in White-Collar Families: A Power-Control Perspective." Crime & Delinquency 36, no. 3 (July 1990): 391–407. http://dx.doi.org/10.1177/0011128790036003006.
Анотація:
This article expands the understanding of a kind of white-collar delinquency: youthful violations of patents and copyrights through the copying of audio- and videotapes and computer software. Class and gender variations in these kinds of activities are considered using a power-control perspective that focuses on parental controls and attitudes toward risk-taking. A power-control perspective treats childhood and adolescent socialization as a systemic process of social reproduction that links the family and work spheres, with implications for the understanding of “pink” as well as white-collar crimes.
44
Kruma, Kristine. "‘A Hopeful Transmission’: Searching for Citizenship beyond the State." European Journal of Migration and Law 17, no. 4 (November 24, 2015): 361–93. http://dx.doi.org/10.1163/15718166-12342086.
Анотація:
The article discusses the status of eu citizenship which has been proclaimed to be a ‘fundamental status’ in eu law. The hypothesis is that this allows the eu to re-investigate its approach in treating eu citizens who might not availed themselves to explore free movement rights. In this context the application to ‘purely internal situations’ is examined along with invocation of fundamental rights according to Articles 18, 20 and 21 tfeu. Furthermore, the article focuses on instances of cases in which ‘systemic violations of substance of eu citizens rights’ have occurred. In this context the possibilities for the eu to introduce systemic monitoring of fundamental rights is analysed. The approach to eu citizenship is described as an ‘open or evolving concept’. Proposals are made on how the fundamental rights aspect in elaborating eu citizenship concept should be strengthened.
45
Zhiltsova, E. E., S. A. Politov, and O. V. Bakovetskaya. "Clinical features and tactics of therapy of comorbid dermatoses." Meditsinskiy sovet = Medical Council, no. 13 (August 9, 2022): 54–58. http://dx.doi.org/10.21518/2079-701x-2022-16-13-54-58.
Анотація:
Case of possible comorbidity in dermatological practice is presented in the article. Skin infections are known to be common in patients with chronic eczema and may be bacterial, fungal or viral in nature. The surface layer of the epidermis is damaged with eczema. This moment is usually hereditary and leads to a violation of the protective and barrier functions of the skin. There are violations of the lipid mantle of the skin, transepidermal loss of water, a shift in the pH of the skin to the alkaline side. These changes increase the probability of developing not only a skin infection, but also increased sensitization to an infectious agent. In clinical practice, infectious dermatitis is rarely combined with other allergic skin diseases, more often developing against the background of metabolic and vascular disorders, however, such clinical combinations are possible. The article describes a case of chronic eczema and infectious dermatitis. This comorbid pathology is of particular practical interest to clinicians, as it requires a more detailed approach to diagnostics and treatment. Along with systemic therapy in external treatment, combined topical glucocorticosteroids are the drugs of choice.
46
KARYAGINA, V. S. "CIVIL-LEGAL LIABILITY FOR VIOLATION OF HOUSING RIGHTS: ISSUES OF THEORY AND PRACTICE." Gaps in Russian Legislation 16, no. 7 (December 30, 2023): 82–93. http://dx.doi.org/10.33693/2072-3164-2023-16-7-082-093.
Анотація:
Research objective. The need to identify the specifics of civil liability for various violations of housing rights in the absence of systemic legal regulation of liability issues, including civil liability, in the acts of housing legislation, and fragmentary nature of their study in the modern science of housing law predetermines the necessity to identify the specifics of civil liability for various violations of housing rights. In the context of continuous changes in housing legislation and development of judicial practice, expansion of the scope of application of civil law means and strengthening of inter-branch interaction, further development of the theory of civil law liability in case of violation of housing rights is obviously relevant. The article considers various types of civil liability in the housing sphere, which is of great social importance, it systematises them, and reveals the problems of bringing to civil liability of subjects of housing legal relations in case of non-performance or improper performance of their duties. The purpose of the study is both a comprehensive analysis of the application of the institute of civil liability in the housing sphere, and identification of the peculiarities of civil liability in case of violation of housing rights. Conclusions. As a result of the conducted research, the author comes to the conclusion that civil liability in the housing sphere is a secured state coercion imposition on the participants of housing legal relations of additional adverse consequences of property nature through the application of property sanctions for committing housing offences, aimed at restoring the violated housing rights of victims or preventing their violation. The civil-law nature of a significant array of housing relations creates the potential for the large-scale application of civil-law remedies, including such an important one as civil-law liability. The applied measures of civil liability for offences in the housing sphere are affected by the opposite effect of the sectoral peculiarities of housing law. The specificity of civil liability for violation of housing rights is conditioned by the peculiarities of the legal regime of residential premises, which is simultaneously the object of housing and civil legal relations, and consists in a significant number of legal requirements to the residential premises themselves. The legal regime of residential premises predetermines predominantly peremptory statutory nature of civil liability, manifested both in the establishment of the form of liability and its amount. The basis for bringing to civil liability in the housing sphere is non-fulfilment or improper fulfilment by the subjects of the obligations included in the content of proprietary, obligatory or corporate legal relations, the object of which is residential premises. Civil liability in the housing sphere may be not only of a restorative nature aimed at restoring violated housing rights, but also of a preventive nature in the form of deprivation or restriction of the subjective housing right, if the use of residential premises violates its qualitative characteristics as an object of housing rights. Most civil liability measures are aimed at ensuring the safety and maintenance of residential premises in a fit for purpose condition. Further improvement of protective norms of housing legislation on civil liability will contribute to the effective protection of housing rights against violations.
47
Sergeeva, V. V., and A. U. Rodionova. "Arterial hypertension associated with metabolic syndrome: clinical expert parameters, disability and aspects of rehabilitation." "Arterial’naya Gipertenziya" ("Arterial Hypertension") 24, no. 3 (July 30, 2018): 321–30. http://dx.doi.org/10.18705/1607-419x-2018-24-3-321-330.
Анотація:
Objective. To study clinical and expert parameters, life limitations and aspects of rehabilitation using the International Classification of Functioning, Disability and Health (ICF) in patients with systemic hypertension (HTN) associated with metabolic syndrome (MS).Design and methods. The study included 273 patients with HTN and MS, examined in the Bureau of Medical and Social Expertise of St Petersburg. All patients underwent complete examination when referred for medical and social expertise. The profile of patients’ functioning and rehabilitation effectiveness were studied using the ICF domains: b4200 — increased blood pressure; b4150 — arterial function; b4101 — heart rate; b4102 — myocardial contractility; b4550 — general physical endurance; b460 — cardiovascular sensations. The severity of the violations was coded using a quantitative assessment from their absence (0–4%) to absolute violations (96–100%).Results. In HTN patients examined in the Bureau of Medical and Social Expertise of St Petersburg, the 3‑component MS (disorders of glucose metabolism, abdominal obesity, increased level of low-density lipoproteins) is the most common one. Persistent violations result from a high degree of HTN, severity of complications of type 2 diabetes mellitus, functional class of angina and chronic heart failure, severity of arrhythmias. Evaluation of cardiovascular dysfunction with ICF showed a wide range from absence of violations to absolute impairments in the same patient. The patients demonstrate 1–2 degree disability. After rehabilitation measures, some ICF domains changed.Conclusions. Clinical and expert evaluation of HTN with MS is variable depending on the severity of MS components. Patients with HTN with MS, recognized as disabled, need a complex of rehabilitation measures, including all the main directions of an individual rehabilitation/habilitation program. ICF can be used to assess impaired functions in patients and their changes after rehabilitation measures.
48
Zaitseva, N. V., I. V. May, D. А. Kiryanov, V. М. Chigvintsev, and N. V. Nikiforova. "On issues related to national risk-based system for control over food products distributed on the market." Health Risk Analysis, no. 4 (December 2021): 26–41. http://dx.doi.org/10.21668/health.risk/2021.4.03.
Анотація:
This research is vital given great significance of food safety for population and bearing in mind that food products are an independent object of sanitary-epidemiologic control as it is stipulated by the legislation. We suggest approaches to creating a risk-based model for control over food products distributed on the market. These ap-proaches involve categorizing food products as per potential health risks for consumers; building up risk profiles of food products; optimizing laboratory support provided for control and surveillance activities taking into account food products safety management. When categorizing food products, risk is assessed as a combination of probable violation of obligatory requirements to safety and severity of consequences these violations might have. Food products that are assigned into extremely high, high and considerable risk categories are subject to systemic control once a year, every two years or every three years accordingly. In case a surveillance object seems “law-abiding’, its category and intensity of control procedures may be changed. Programs for laboratory control over food products are suggested to be based on risk profiles, spotting out priority indicators that make major contributions into risks. Also the approach involves using mathematical models that describe a relation between a number of observations and an expected answer (as a reduction in quantities of deviating samples at the next stage in the control cycle). This model determines how many samples of priority indicators should be tested in order to achieve a target risk level. It also allows predict an expected number of violations and health risk rates at the next stage in the control cycle given the present number of observations. 85 regional registers of food products were created and categories were determined as per health risks for all groups of food products under surveillance. It was shown that in some cases it was necessary to increase a number of observations over priority (“risky”) indicators in order to detect hazardous products and withdraw them from the market. Certain examinations seem redundant as they don’t play any role in making control procedures more efficient. The suggested approaches are universal and dynamic. Basic trends in the model development may include more targeted selection of products for control; risk profiles creations and systemic actualization; further development of laboratory support for control (surveillance) given that the food products market is changing dynamically in the country.
49
Zaitseva, N. V., I. V. May, D. A. Kiryanov, V. М. Chigvintsev, and N. V. Nikiforova. "On issues related to national risk-based system for control over food products distributed on the market." Health Risk Analysis, no. 4 (December 2021): 25–41. http://dx.doi.org/10.21668/health.risk/2021.4.03.eng.
Анотація:
This research is vital given great significance of food safety for population and bearing in mind that food products are an independent object of sanitary-epidemiologic control as it is stipulated by the legislation. We suggest approaches to creating a risk-based model for control over food products distributed on the market. These ap-proaches involve categorizing food products as per potential health risks for consumers; building up risk profiles of food products; optimizing laboratory support provided for control and surveillance activities taking into account food products safety management. When categorizing food products, risk is assessed as a combination of probable violation of obligatory requirements to safety and severity of consequences these violations might have. Food products that are assigned into extremely high, high and considerable risk categories are subject to systemic control once a year, every two years or every three years accordingly. In case a surveillance object seems “law-abiding’, its category and intensity of control procedures may be changed. Programs for laboratory control over food products are suggested to be based on risk profiles, spotting out priority indicators that make major contributions into risks. Also the approach involves using mathematical models that describe a relation between a number of observations and an expected answer (as a reduction in quantities of deviating samples at the next stage in the control cycle). This model determines how many samples of priority indicators should be tested in order to achieve a target risk level. It also allows predict an expected number of violations and health risk rates at the next stage in the control cycle given the present number of observations. 85 regional registers of food products were created and categories were determined as per health risks for all groups of food products under surveillance. It was shown that in some cases it was necessary to increase a number of observations over priority (“risky”) indicators in order to detect hazardous products and withdraw them from the market. Certain examinations seem redundant as they don’t play any role in making control procedures more efficient. The suggested approaches are universal and dynamic. Basic trends in the model development may include more targeted selection of products for control; risk profiles creations and systemic actualization; further development of laboratory support for control (surveillance) given that the food products market is changing dynamically in the country.
50
Didkovsky, N. A., I. K. Malashenkova, D. P. Ogurtsov, S. A. Krynskiy, N. A. Hailov, E. I. Chekulaeva, M. V. Mamoshina, V. L. Ushakov, N. V. Zakharova, and G. P. Kostyuk. "THE LEVEL OF SYSTEMIC INFLAMMATION AND CHANGES IN ADAPTIVE IMMUNITY IN ALCOHOLIC PSYCHOSES." Medical academic journal 19, no. 1S (December 15, 2019): 68–70. http://dx.doi.org/10.17816/maj191s168-70.
Анотація:
The aim of the work is to study the level of systemic inflammation and changes in adaptive immunity in the early period after acute psychosis to assess their participation in the pathogenesis of alcoholic mental and cognitive disorders. We examined 28 patients with alcoholic psychosis (AP) and a control group of 17 healthy volunteers. Indicators of systemic inflammation and immunity, including key cytokines and lymphocyte subpopulations, were investigated. After acute psychosis of patients with alcoholism, pronounced activation of humoral immunity with impaired clearance of immune complexes, increased content and activity of Th2 with signs of insufficiency and dysfunction of Th1, reduced content and activity of cytotoxicity system cells and signs of systemic inflammation (increased CRP, cortisol, cytokines). Activation of Th2 response and an excess of proinflammatory mediators in patients with AP through various ways of interaction with the Central nervous system (n. vagus, choroidal plexus of the ventricles, and others) can participate in the disorders of metabolism of neurotransmitters in the Central nervous system involved in the pathogenesis of alcoholism, and in the maintenance of neuroinflammation. A high level of systemic inflammation can be both a trigger of psychosis and a manifestation of violations of neuroimmune interactions, as well as the development of excitotoxicity and damage to neurons in acute psychosis.