WorldWideScience

Sample records for legal aspects characteristics

  1. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  2. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  3. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to

  4. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

  5. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

    Malheiros, T.M.M.; Knoefell, T.M.J.

    1988-01-01

    The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt

  6. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  7. Certain legal aspects of derivatives.

    Science.gov (United States)

    Cloney, T J

    1994-01-01

    This article discusses legal characteristics of derivatives that a not-for-profit health care company may use in a conduit financing in which a governmental issuer issues bonds for the benefit of a health care company. This article also presents the Master Agreement promulgated by the International Swaps and Derivatives Association; discusses how to get out of a derivative; discusses the status of a derivative after insolvency of a counterparty; presents disclosure issues relating to documents prepared in connection with an issue of bonds; and describes the treatment of derivatives under commodities regulations. It concludes with a presentation of possible new regulations applying to derivatives.

  8. Environmental, legal and managerial aspects

    International Nuclear Information System (INIS)

    1978-09-01

    This U.S. contribution to the syllabus for Subgroup 5C treats with environmental and ecological aspects specific to fast breeder reactors, physical protection and safeguarding of the FBR cycle, fuel cycle centers (site selection problems for different degrees of collocation) and administrative and legal problems. Decommissioning of an FBR power plant, syllabus item C.1.7, is treated in separate contribution, more information on advanced safeguards for the fast breeder fyel cycle is contained in the contribution, USA WG 5C-tbd. A key conclusion of this is that with safeguards planning initiated early in the development of the FBR fuel cycle, time is available to develop, evaluate, and implement improved safeguards techniques and incorporate them into the design phase of all FBR cycle facilities

  9. Internet advertising and its legal aspects

    OpenAIRE

    Petrova, Evgeniia

    2015-01-01

    The thesis deals with the legal aspects of Internet advertising. The main aim of this thesis is to define a legal code corresponding to this issue and to compare with the laws in Russia. The aim also is specify the efficiency of this legal aspects and review sufficiency of protection of consumers. Further explain the issue of spamming, find out its benefits to the retailer and negative aspects for consumers, and also to compare legal aspects of spamming with legislation in Russia.i

  10. TUBERCULOSIS: MEDICO-LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Giuseppe Vetrugno

    2014-04-01

    Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.

  11. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  12. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

  13. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

    Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)

  14. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

    Nowadays geriatric rehabilitation is recognized as a matter of social law performance. Nevertheless there are very small chances to realize corresponding legal claims in view of the infra-structural deficits. This subscription works out the claims of social law for geriatric rehabilitation, names questions of delineation between illness, prevention and care indigence and discusses problems of geriatric rehabilitant institutions and services.

  15. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

    Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)

  16. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

  17. Legal Aspects of Space Tourism

    Science.gov (United States)

    Jakhu, Ram

    2002-01-01

    This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.

  18. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

    Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.

  19. [Psychiatric treatment--legal aspects].

    Science.gov (United States)

    Koller, Matthias

    2014-07-01

    Doctors want to save lives and promote health. But their patients have the right to decide for themselves about what doctors do with them, and they are free to refuse treatment, even if it is unreasonable from a medical perspective. The law acknowledges this freedom even if a patient is incapable of responsible self-determination as a result of (mental) illness. Treatment contrary to the patient's declared intention will be allowed only under specific, narrow circumstances. These requirements must be legally established in a clear and precise manner. © Georg Thieme Verlag KG Stuttgart · New York.

  20. Crimean Referendum: International Legal Aspects

    Directory of Open Access Journals (Sweden)

    Michael Geistlinger

    2014-12-01

    Full Text Available The article examines the key aspects of the accession of the Republic of Crimea to the Russian Federation as the example of enforcement of the people’s right to self-determination, secured in UN Charter. International law basis of the accession, as well analysis of key reasons and consequences of this international precedent are under consideration.

  1. Legal Aspects In Stroke Management

    Directory of Open Access Journals (Sweden)

    Reza Hajmanouchehri

    2017-02-01

    Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient

  2. Legal aspects of transfrontier air pollution

    International Nuclear Information System (INIS)

    Rauschning, D.

    1986-01-01

    This contribution deals with the technical developments and the necessary adaptation of the legal and social systems in the various states. The author first discusses provisions of international law with regard to giving proof of environmental pollution caused by a neighbour state. He then deals with the legal aspects of long-distance air pollution. Finally, the Federal German substantial air pollution control law and relevant licensing provisions are taken as an example to show how the Federal Republic of Germany comes up to the obligations set by international law, to provide for due protection of the environment in neighbour states. (orig./HSCH) [de

  3. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  4. The Preimplantation Genetic Diagnosis: Legal Aspects in the Spanish Law

    Directory of Open Access Journals (Sweden)

    Marina Moya González

    2018-03-01

    Full Text Available This paper analyses the preimplantation genetic diagnosis (PGD in Spain, and the legal aspects. It exposes the technical characteristics, as well as the ethical and social consequences. It compares the different rules of law about assisted human reproduction techniques in Spain, and those in some European countries.

  5. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

  6. Legal aspects of some internet marketing instruments

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2012-01-01

    Full Text Available The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.

  7. International acceptance of irradiated food. Legal aspects

    International Nuclear Information System (INIS)

    1979-01-01

    The three international organizations competent in the field of irradiation processing for the preservation of food (FAO, WHO, IAEA), convened, at the end of 1977, an Advisory Group to revise and update the recommendations of a similar group which met in early 1972. The Advisory Group considered how national regulations could be harmonized so as to facilitate the international movement of irradiated food. This publication contains the Report of the Advisory Group, which summarizes the considerations of the Group on regulatory control over the irradiation plant and irradiation of foods, and on assurances for comparability of control (international labelling and documentation). Annexes 1 to 6 are included in order to complete the relevant information on the legal aspects of this subject. They include a Draft General Standard for Irradiated Foods, a Draft Code of Practice for the Operation of Radiation Facilities Used for the Treatment of Foods, Recommendations of a Consultation Group on the Legal Aspects of Food Irradiation, a Listing of the Legislation on Food Irradiation Adopted in Member States (1971-1976), and Model Regulations for the Control of and Trade in Irradiated Food

  8. Legal and Psychological Aspects of Mediation

    Directory of Open Access Journals (Sweden)

    Dobrokhotova E. N.

    2016-01-01

    Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

  9. Legal aspects of insalubrity in dentistry

    Directory of Open Access Journals (Sweden)

    Vane Rodrigues

    2008-01-01

    Full Text Available Objective: To evaluate the knowledge of dentists with regard to insalubrity in the profession, ways of prevention and legal aspects.Methods: Research was conducted in the form of questionnaires, with 15 objective questions, distributed among 225 dentists that work inthe region of Contagem, Minas Gerais, Brazil. The data collected were submitted to analysis of distribution in conjunction with frequency,determining the significance of the effects by the Chi-square test (X2 and the Exact Fisher test, when necessary, establishing a level of confidence of 95%. Results: The results obtained demonstrated that the professionals did not know some of the rules of the National Sanitary Vigilance Agency with regard to prevention against chemical and physical agents in the consulting room. The time since graduation did not influence the dentists as regards a greater awareness about having audiometric exams performed to prevent occupational noise. A high index of professionals who protected themselves against the HBV virus by immunization (97, 94% was obtained, however, there was statistically significant difference with regard to non-use of cap and apron by men (p=0.001 and p=0.03 respectively. Conclusion: The vast existent literature reveals that the professional has theoretical knowledge, but this is not in accordance with his/her actions in daily clinical practice.

  10. Legal Aspects of Corporate Governance in Albania: A critical approach

    OpenAIRE

    Mirela Fana

    2015-01-01

    The academic debate on legal aspects of corporate governance, be it at national or international level, has strongly intensified especially during the last two decades. Such tendency has also influenced the relevant Albanian legal framework, as it is evidenced by the most recent amendments on the Law “On Entrepreneurs and Commercial Companies” of 2014. This article focuses exactly on an analyses of the legal and quasi-legal norms of corporate governance in Albania (IFC principles), providing ...

  11. Aspects of a legal framework for language resource management

    CSIR Research Space (South Africa)

    Sharma Grover, A

    2012-05-01

    Full Text Available The management of language resources requires several legal aspects to be taken into consideration. In this paper we discuss a number of these aspects which lead towards the formation of a legal framework for a language resources management agency...

  12. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

    The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed

  13. Legal Aspects of Brain-Computer Interfaces

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2014-01-01

    Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php

  14. The 2014 Budget Act: Selected Legal Aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2014-03-01

    Full Text Available The Budget Act for the year 2014 raises legal questions in the context of the provisions of the Constitution as well as the Public Finance Act from 2009. Polish constitutional provisions relating to the state budget may be described as too general. They specify the requirements with regard to the Budget Act only to a limited extent.

  15. Legal Aspects of Cardiac Rehabilitation Exercise Programs.

    Science.gov (United States)

    Herbert, William; Herbert, David L.

    1988-01-01

    A medical model is used to examine liability issues related to cardiac rehabilitation programs. Obtaining effective informed consent from patients, standardizing policies and procedures, and exercise prescription and monitoring are among the proposed elements of a risk management model for developing safe and legally defensible programs. (IAH)

  16. Legal aspects of nuclear law in Colombia and Latin America

    International Nuclear Information System (INIS)

    Mora M, M.; Pinzon A, J.

    1984-01-01

    I this thesis area studied the legal aspects of atomic energy, both nationally and internationally; furthermore its made a historical tour of the use of atomic energy in topic as medicine, industry, atomic energy generation and environmental aspects related of energy atomic, and name some institutes that can work in Colombia in this aspects

  17. Comparative legal aspects of pain management.

    Science.gov (United States)

    Vansweevelt, T

    2008-12-01

    Administering pain medication to terminal patients can cause legal problems when it has a life-shortening effect, because according to some authors it equates with manslaughter. The legal basis of the acceptance of pain alleviation with life-shortening effect can be found on the grounds of necessity. In different countries physicians have been prosecuted because of their pain management, which to the public prosecutor was in fact a sort of euthanasia. On the other hand, it is not unknown that physicians administer opioids to mask euthanasia. Pain management needs some rules, which can reassure the physician who alleviates pain. The physician who alleviates pain with life-shortening effect will have to act with due care to avoid a liability risk. This implies at least an informed consent, to observe the proportionality rule, and to keep a medical record.

  18. [Prescribing medication in 2013: legal aspects].

    Science.gov (United States)

    Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D

    2013-11-01

    To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.

  19. Legal aspects of a nuclear power plant

    International Nuclear Information System (INIS)

    Lukes, R.

    1987-01-01

    According to law the licensing boards can deny the licensing of new plants but in the case of non-compliance with the legal requirements. General safety scruples as a result of the Chernobyl reactor accident do not justify denials. The decommissioning of nuclear power plants cannot be decreed but in accordance with Para. 17, 18 of the Atomic Energy Law. Although the legislator is authorized to change laws, any law providing for the decommissioning of existing plants or providing for the legal basis of the decommissioning of plants would be equivalent to an expropriation and therefore involve damages according to article 14, section 3(2) of the Fundamental Law. (orig./HP) [de

  20. Ethical and legal aspects of bariatric surgery

    Directory of Open Access Journals (Sweden)

    Isac Jorge Filho

    2006-03-01

    Full Text Available The development fo bariatric surgery made it necessary to define theethical an legal basis of the specialty. The bioethical principles mustbe followed: benefit the patient; do not cause prohibitive colatheraleffects; be avaible to anyone withot discrimination; the pacient haveto have the possibility to choose it´s treatment. The Ministery ofHealth and the Federal Medical Counsil have regulates the indicationsfor the surgical treatment, the techniques that are availble andnecessary of a multidisciplinary team for Bariatric Surgery Centre.

  1. [Medico-legal aspects of hysterectomy].

    Science.gov (United States)

    Jakovljević, Branislava; Segedi, Dimitrije; Mujović-Zornić, Hajrija

    2007-01-01

    Understanding the lawful implementations of surgical procedures, such as hysterectomy, raises practical questions concerning legal relations between a doctor and his patient, and consequences of this relationship, which may be legally relevant. The modern legal theory and practice consider doctors and patients to be partners. Medical practitioners performing surgical procedures are obliged to obtain informed consent. They are also required to inform their patients about indications, course of the operative procedure, postoperative treatment, possible complications during and after the procedure, and quality of life after the operation. Informed conversation should take into account the age, mental status and patient's intellectual abilities. Legal consequences ofsurgical procedures Malpractice litigation mostly concers medical error and negligence. Medical errors should not be confused with ineffective outcome, or complicated postoperative course. Even if the surgical procedure was followed correctly and uneventful outcome took place, there might be some problems. A patient has a right to receive complete information from a physician about the specific nature of a proposed treatment. A physician has an obligation to elucidate and justify, treatment he proposes. Certain codification of all operative procedures may facilitate this task. Codification instructions about procedures, in this case hysterectomy, must include indications for a certain type of hysterectomy (subtotal, total, radical), as well as for the operative technique (abdominal, vaginal, laparoscopic). Patient information brochures should be available in print, and include information about indications and potential risks associated with the proposed surgical procedure. In this way, it is possible to prevent the inconveniences which may arise from insufficient knowledge and information about surgical procedures.

  2. Advanced radiographic practice - the legal aspects

    International Nuclear Information System (INIS)

    Alderson, C.J.; Hogg, P.

    2003-01-01

    Allied health and nursing professionals are continuing to expand their responsibilities into clinical areas outside their traditional spheres of interest; typically, many of these new responsibilities are found within the medical (doctor) domain. Such responsibilities are often at an advanced clinical level and consequently higher demands are placed upon the professionals, not least in terms of clinical updating, competence to practice and also legal liability. This article explores the legal implications of practising at an advanced clinical level with particular reference to legal claims. The first part of the article commences with an outline of pertinent law in England and Wales. The latter part of the article explores actual cases from which allied health professionals (eg radiographers) can gain valuable information. Throughout the article suggestions for good practice are indicated. Examples of good practice include: the need to base your practice on evidence and peer practice; the need to keep detailed records (protocols) of such practice; the need to know when you are at the limit of your ability; and as such when to ask for advice from a medical practitioner/radiologist

  3. [Legal aspects of psychiatry in Soviet legislation].

    Science.gov (United States)

    Babayan, E A

    1977-01-01

    The Author examines and describes in detail the normative and organizational aspects of forensic-psychiatric services in the URSS. Both criminal expert opinions and civil aspects are described. The problem of civil rights of mentally ill persons are discussed together with education and training of the experts employed in institutions and by the courts.

  4. LEGAL REGULATION IN THE SPHERE OF HIGHER EDUCATION IN RUSSIA (HISTORICAL AND LEGAL ASPECT

    Directory of Open Access Journals (Sweden)

    Tatiana Yashchuk

    2017-01-01

    Full Text Available The purpose of article is to analyze the evolution of legal regulation of higher education in Russia since the beginning up to the beginning of reform in modern conditions.Characteristics of the problem field. Higher education is studied in various aspects (sociological, cultural, historical, economic. An independent institute of educational law is distinguished in the legal science. Serious transformations of higher education in the Russian Federation have actualized the need for understanding the domestic experience of legal regu-lation. The state policy in the sphere of higher education and the evolution of educational legislation are studied in historical and legal studies.The methodology. The narrative method is the method of description. It is necessary for the reconstruction of past events and phenomena. The narrative method is supplemented by a chronological method. The formal legal method is applied to the interpretation of norms. The sociological method establishes the links between state policy, regulatory legal regulations and the social result achieved. The comparative method is used fragmentarily.Results. Higher education is a relatively new social institution. In the European tradition it took shape during the Middle Ages. The completed model was formed in the XIX century in Germany.The Russian Empire used the German model. Higher education was regulated by the state. The main regulations governing educational relations at the university were the General Charters. These Charters reflected the autonomy of universities.Three stages are identified in the legal and regulatory framework of higher education in the Soviet period: 1917 – the first floor 1930s; second floor 1930s – the first floor 1950s; second floor 1950s – 1980s.At the first stage the state regulated only politically and ideologically important educational relations. Many questions were not regulated centrally. In the 1930s the state impact on higher education was

  5. REM Sleep Behavior Disorder and Medico-legal Aspects

    Directory of Open Access Journals (Sweden)

    Nida Taşçılar

    2008-04-01

    Full Text Available Scientific BACKGROUND: Rapid eye movement (REM sleep behavior disorder (RBD is a parasomnia characterised by dream-enacting behaviors and loss of normal REM sleep muscle atonia. It could occur idiopathically or accompanying neurodegenerative diseases. “Acting out of dreams” permits violent or injurious behaviors. These behaviors could result in laceration, fractures, subdural haematomas and so on. In developed countries, the legal implications of these behaviors have been discussing and debating in medical and legal literature. But in Turkey, legal aspects of RBD have not discussed yet. CONCLUSION: In this review, the clinic, pathopysiology, therapy and medicolegal aspects of RBD is discussed

  6. Autonomous driving technical, legal and social aspects

    CERN Document Server

    Gerdes, J; Lenz, Barbara; Winner, Hermann

    2016-01-01

    This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the auth...

  7. Legal aspects of E-HEALTH.

    Science.gov (United States)

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    Cross-border activities in health care in the European single market are increasing. Many of these cross-border developments are related to e-Health. E-Health describes the application of information and communication technologies across the whole range of functions that affect the health care sector. E-health attracts a growing interest on the European level that highlights the sharp need of appropriate regulatory framework able to ensure its promotion in the European Union. Some Directives constitute a step in this direction. Both the Data Protection Directive, the E-Commerce Directive, the Medical Device Directive and the Directive on Distance Contracting are some of the most important European legal achievements related to e-Health. Although the directives are not adopted especially for e-health applications, they are indirectly very important for e-Health. Firstly, the Data Protection Directive applies to personal data which form part of a filing system and contains several important principles that have to be complied with by e-Health actors processing personal data concerning health. Secondly, the E-commerce Directive applies to services provided at a distance by electronic means. Many e-Health applications fall within this scope. Thirdly, the Medical Devices Directive is of importance for the e-Health sector, especially with regard to e.g. the medical software that is used in many e-health applications. Finally, the Directive on Distance Contracting applies to contracts for goods or services which make use of one or more means of distance communication; E-Health business may involve the conclusion of contracts. Despite these Directives more developments are needed at the European level in order to make sure that e-Health will play an even more important role in health care systems than is the case today. The new e-Health applications like electronic health records, e-health platforms, health grids and the further use of genetic data and tissue involve new

  8. Legal aspects related to workers and ionizing radiation

    International Nuclear Information System (INIS)

    Faria, N.M. de; Fischer, D.

    1985-01-01

    The legal aspects related to protection of the worker during its activity and in case of accident which involves dead or invalidity or occupation disease are presented. The aspects concerning to employment relation for workers in nuclear installations, and the professional liability for workers who handle ionizing radiation are discussed. (M.C.K.) [pt

  9. [[Selected legal aspects related to medical practice].

    Science.gov (United States)

    Szewczyk, M

    1998-01-01

    The question of the physician's liability, both that of civil as well as penal law nature--is always emotionally approached. Dynamic development of medical and biological sciences as well as technics is the cause of progress but it also gives rise to the increase of hazards or abuses in medical therapy. If we speak of the therapeutic intervention being originally legal we mean that it is carried out in compliance with the principles of medical art. In such circumstances, even though the intervention resulted in negative effects, the intervening physician cannot be made penally liable. Civil law liability, in its turn, may have either ex contractu or ex delictu basis. When the general prerequisites of this kind of liability are present, the intervening physician (Art. 353 or 415 of Civil Code) or the State Treasury (Art. 417 of Civil Code) may be made liable for causing damage, joint and several liability of the physician and the Treasury being also possible (Art. 420 of Civil Code). The carrying out of therapeutic intervention without the law required consent of the patient may lead--on the basis of Polish law--to the physician's civil law liability for the infringement of the patient's personal interests even though the intervention ended in success (Articles 23 and 24 of Civil Code). From the point of view of Polish penal law such situation may cause the physician's penal liability for the offence against freedom (Art. 192 of Penal Code). The euthanatic homicide should be, and in Polish law, is an offence. Considering the potential abuses arising from making the euthanasia legal, penal law whose major function is that of the guarantee nature, must ensure safeguards vis-à-vis life to the utmost limit. Polish Legislator shows, however, full understanding of the extremely difficult and conflict-generating situation in which the individual committing euthanatic homicide may find himself. Hence, in section 2 of Art. 150 of Penal Code the Legislator declared that "in

  10. Accidents and emergency conditions: Legal aspects

    International Nuclear Information System (INIS)

    Peinsipp, N.

    1985-01-01

    The currently valid versions of the Federal German Atomic Energy Act, the Radiation Protection Ordinance, and the X-Ray Ordinance show differences with regard to the use of the terms 'accident' or 'emergency', respectively, preferring either one or the other term, or using both terms. The author comments on this lack of harmonization in terminology and goes into details on aspects such as legislation and application of law. (DG) [de

  11. Legal aspects of nuclear and radiological accidents

    International Nuclear Information System (INIS)

    El-baroudy, M.M.

    2005-01-01

    Aiming at preventing nuclear and radiological accidents and maintaining safety and security, the State extends its jurisdiction over nuclear and radiological activities through the promulgation of regulatory legislations and providing criminal protection to these activities. The State, in its legislation, defines an authority responsible for the planning of preparedness for emergency situations. That Authority cooperates with other competent authorities in the State as well as with other relevant international organizations and other States in a coordinated way aiming at dealing effectively with and mitigating the consequences of nuclear and radiological accidents through promulgating relevant international conventions and plans for reinforcement of international cooperation in accidents situations. Moreover, the International Atomic Energy Authority (IAEA) can provide specialized consultations and offer assistance in case of accidents. The present study is divided into an introduction and two chapters. In the introduction, the nature of nuclear or radiological accidents is defined. The first chapter deals with the national legal system for preventing the occurrence of nuclear and radiological accidents and mitigating their consequences. The second chapter deals with the international cooperation for facing nuclear or radiological accidents and mitigating their consequences

  12. Subcontracting in nuclear industry - legal aspects

    International Nuclear Information System (INIS)

    Leger, M.

    2012-01-01

    This article describes the legal framework of subcontracting in France. Subcontracting is considered as a normal mode of functioning for an enterprise: an enterprise contracts another enterprise to do what it can not do itself or does not want to do. According to the 1975 law, cascade subcontracting is allowed but subcontractors have to be accepted by the payer. In some cases the payer can share responsibility when the subcontracting enterprises do not comply to obligations like the payment of some taxes. The main subcontractor who is the one who contracted with the payer is the only one responsible for the right execution of the whole contract. In nuclear industry there are 2 exceptions to the freedom of subcontracting. The first one concerns radiation protection: in a nuclear facility the person in charge of radioprotection must be chosen among the staff. The second concerns the operations and activities that are considered important for radiation protection, it is forbidden to subcontract them. In some cases like maintenance in nuclear sector the law imposes some qualification certification for subcontracting enterprises. The end of the article challenges the common belief about subcontracting in nuclear industry. (A.C.)

  13. Legal aspects of men's genitourinary health.

    Science.gov (United States)

    Henning, J; Waxman, S

    2009-01-01

    Men's health issues have increasingly gained attention not only in the mass media, but also among most health-care providers. The diagnosis and treatment of male-related health problems, unfortunately, can lead to complications and error-related injuries resulting in claims of medical malpractice. This review article will look at the most common claims relating to complications and injuries in the management of men's health issues. Reviews of the literature over the past three decades using multiple search engines including PubMed were utilized. The most pertinent articles were selected on the basis of their relevance to men's health issues, complications and medico-legal ramifications. An evaluation of the literature reveals that although the number of claims against urologists has not increased over the past several decades, indemnity payments have continued to rise significantly. Claims can be divided into those relating to diagnosis and those relating to treatment. Providers of men's health care may become involved in claims of medical malpractice at some time during their careers. Patients' care can result in complications and injuries, most of which do not lead to claims. Certain areas of men's health lead to more claims than others. The keys to prevention and management of those claims are good communication, informed consent and documentation.

  14. Hong Kong: legal aspects of family planning.

    Science.gov (United States)

    1979-01-01

    The Family Planning Association of Hong Kong and the International Federation of Women Lawyers of Hong Kong have decided that legislative and other measures should be taken to ensure the right of couples and individuals to decide freely the number and spacing of their children. Family planning workers must not work under threat of potential prosecution. Equal rights for women and men should be established. The legal status of menstrual regulation and other new technologies for termination of pregnancy should be clarified. A Family Court should be instituted to deal with matrimonial disputes. A married woman should have the right to use her maiden name and file separate tax returns. Legislation restricting women's right to work in factories should be rescinded. Working conditions of men and women should be measured by the standards of the ILO. Children and young persons should be given the same protection whether they work in shops, factories or other places of employment. Female workers qualified for maternity leave under the Employment Ordinance should be given paid leave.

  15. Women, children and advertising - legal and ethical aspects

    OpenAIRE

    Stejskalová, Radka

    2012-01-01

    The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.

  16. Atmospheric lidar: Legal, scientific and technological aspects

    International Nuclear Information System (INIS)

    Barbini, R.; Colao, F.; Fiorani, L.; Palucci, A.

    2000-01-01

    The Atmospheric Lidar is one of the systems of the Mobile Laboratory of Laser Remote Sensing under development at the ENEA Research Center of Frascati. This technical report addresses the legislative, scientific and technological aspects that are the basis for the identification of the requirements, the definition of the architecture and the fixation of the specifications of the Atmospheric Lidar. The problems of air pollution are introduced in section 2. A summary of the Italian laws on that topic is then given. Section 4 provides a survey of the atmospheric measurements that can be achieved with the lidar. The sensitivity in the monitoring of pollutants is discussed in section 5. The other systems of the Mobile Laboratory of Laser Remote Sensing are shortly described in section 6. The last section is devoted to conclusions and perspectives [it

  17. Patenting Nanomedicines Legal Aspects, Intellectual Property and Grant Opportunities

    CERN Document Server

    Souto, Eliana B

    2012-01-01

    "Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focuses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions

  18. Legal Aspect Of ‘Gold Farming' Islamic Banking Product

    OpenAIRE

    Siregar, Ibrahim

    2014-01-01

    Legal Aspects of ‘Gold Farming' Islamic Banking Product. Islamic banking can progress quickly through market-based product innovation. This product innovation must be in accordance with the rules laid down in Islamic law. The concept of contract in Islam should pay attention to three aspects, namely: the substance of contract law, the law that is related to the substance of the contract, and contract clarity. A contract becomes invalid if ta'alluq(dependence between two or more contracts) and...

  19. Legal aspects and international implications of food irradiation

    International Nuclear Information System (INIS)

    Gerard, Alain.

    1977-11-01

    This paper reports on the status of work on food irradiation at international level, namely the IAEA/FAO/WHO Vienna recommendations, the proposed EEC directive, and the Codex alimentarius draft standards. It then deals with the legal aspects of the subject, in particular the problems concerning definitions, controls and instructions, and finally reviews the regulations for international trade in irradiated foodstuffs. (NEA) [fr

  20. Abandonment of the Road Accident Place: Legal Aspects

    Directory of Open Access Journals (Sweden)

    Polyakov D. N.

    2013-10-01

    Full Text Available In this article the legal aspects of drivers’ behavior are considered, of those ones who abandon places of road accidents. The author separates the cases when leaving the place of the road accident is allowed and the cases when such actions bring to administrative punishment.

  1. Ethical and medico-legal aspects of dementia | Potocnik ...

    African Journals Online (AJOL)

    Ethical and medico-legal aspects of dementia. FCV Potocnik. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  2. Legal Aspects of Corporate Governance in Albania: A critical approach

    Directory of Open Access Journals (Sweden)

    Mirela Fana

    2015-11-01

    Full Text Available The academic debate on legal aspects of corporate governance, be it at national or international level, has strongly intensified especially during the last two decades. Such tendency has also influenced the relevant Albanian legal framework, as it is evidenced by the most recent amendments on the Law “On Entrepreneurs and Commercial Companies” of 2014. This article focuses exactly on an analyses of the legal and quasi-legal norms of corporate governance in Albania (IFC principles, providing a comparison between the latter and the European Union norms or other internationally recognized principles of good corporate governance, such as the OECD principles. Main objective of this article is to provide a critical analyses of legal rules on two main components of corporate governance, namely shareholder rights and stakeholder protection in a corporation, identifying in this way, when relevant, the necessity for reforming commercial norms. Lastly, from a methodological point of view, the article employs the functional interpretative method of legal norms, critical analyses of relevant case law and when it comes to the comparison between the national and supra-national approaches to corporate governance; it uses the functional comparative method.

  3. Food irradiation. An update of legal and analytical aspects

    International Nuclear Information System (INIS)

    Masotti, P.; Zonta, F.

    1999-01-01

    A new European directive concerning ionising radiation treatment of foodstuffs has been recently adopted, although National laws may continue to be applied at least until 31 December 2000. A brief updated review dealing with the legal and analytical aspects of food irradiation is presented. The legal status of the food irradiation issue presently in force in Italy, in the European Union and in the USA is discussed. Some of the most used and reliable analytical methods for detecting irradiated foodstuffs, with special reference to standardised methods of European Committee of Standardization, are listed [it

  4. Ethics and medico legal aspects of "Not for Resuscitation"

    Directory of Open Access Journals (Sweden)

    Naveen Sulakshan Salins

    2010-01-01

    Full Text Available Not for resuscitation in India still remains an abstract concept with no clear guidelines or legal frame work. Cardiopulmonary resuscitation is a complex medical intervention which is often used inappropriately in hospitalized patients and usually guided by medical decision making rather than patient-directed choices. Patient autonomy still remains a weak concept and relatives are expected to make this big decision in a short time and at a time of great emotional distress. This article outlines concepts around ethics and medico legal aspects of not for resuscitation, especially in Indian setting.

  5. Formal and Legal Aspects of Buying and Commissioning Flats

    Science.gov (United States)

    Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

    2017-10-01

    Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

  6. Economic and Legal Aspects of Air Transport in Turkey

    Directory of Open Access Journals (Sweden)

    Gisoo Mihandoust

    2017-12-01

    Full Text Available The aviation sector has highlighted the importance of economic and legal regulations in conjunction with the changes in the conditions of competition with the acceleration of globalization. The regulations in the aviation sector directly or indirectly affect the airline operators, which is critical as a result of its effects on the economic systems of the countries. Legal responsibilities in terms of influencing passenger rights and competition law issues; has a natural impact on shaping aviation regulations, sector dynamics and competitive conditions which is effecting the dynamic structure of the sector. This study aims to examine the economic and legal aspects of air transportation carried out in Turkey and to contribute to the literature as a result of the researches.

  7. Nuclear power plants and environment-Legal and institutional aspects

    International Nuclear Information System (INIS)

    Faria, N.M. de

    1986-01-01

    Some legal aspects about nuclear power plants siting in face of environment legislation and policy in the Brazilian law are discussed. The public participation in the process of site selection in face of actual constitutional precepts and the decision given by Supreme Court which determined to private competence of the Union, given by Constitutional rules and by the law number 6803 in 1980. (M.C.K.) [pt

  8. [Legal aspects of post-mortem radiology in the Netherlands].

    Science.gov (United States)

    Venderink, W; Dute, J C J

    2016-01-01

    In the Netherlands, the application of post-mortem radiology (virtual autopsy) is on the rise. Contrary to conventional autopsy, with post-mortem radiology the body remains intact. There is uncertainty concerning the legal admissibility of post-mortem radiology, since the Dutch Corpse Disposal Act does not contain any specific regulations for this technique. Autopsy and post-mortem radiology differ significantly from a technical aspect, but these differences do not have far-reaching legal consequences from a legal perspective. Even though the body remains intact during post-mortem radiology, the bodily integrity of a deceased person is breached if it would be applied without previously obtained consent. This permission can only be obtained after the relatives are fully informed about the proposed activity. In this respect, it is not relevant which technique is used, be it post-mortem radiology or autopsy. Therefore, the other legal conditions for post-mortem radiology are essentially identical to those for autopsy.

  9. AIDS, travel and migration: legal and human rights aspects.

    Science.gov (United States)

    Tomasevski, K

    1991-01-01

    This article discusses the legal and human rights aspects of AIDS, travel, and migration in Africa. Restrictions upon migration and travel in the context of HIV/AIDS have directed attention on the jeopardy of free international movement and the need to uphold it. International travel and migration have been blamed for introducing HIV and restrictions imposed to prevent the import of such disease. Contemporary legal and administrative barriers to free movement of people across national borders are similar to the physical barriers imposed to prevent the spread of diseases in past centuries. However, physical barriers failed to prevent the international spread of diseases and legal and administrative barriers have been proven ineffective. Meanwhile, responses to HIV/AIDS set patterns for other health-related issues and to affect the entire legal framework of international travel and migration. Based on previous studies, data on migratory flows and numbers of travelers and migrants are scarce in Africa. Migrants represent more or less 10% of the population of sub-Saharan Africa or 35 million persons, including some 60 million refugees.

  10. ORGANIZATIONAL, LEGAL AND TECHNOLOGICAL ASPECTS OF HEALTH INFORMATION EXCHANGE

    Directory of Open Access Journals (Sweden)

    N. A. Karasev

    2017-01-01

    Full Text Available The article discusses organizational and legal aspects of electronic health information exchange in developed countries, particularly, introduction of electronic medical records in the United States and Europe, as well as topical issues related to standardization of information technologies in health care. We briefly describe the most popular standards used in e-medicine, such as Digital Imaging and Communications in Medicine (DICOM, openEHR and HL7. The questions of syntactic and semantic interoperability in the exchange of electronic medical records and some aspects of the digital signature use are also considered. We suggest mechanisms for implementation of electronic document management and sharing of digital medical information, as one of the most important directions of information technologies in health care. It is noted that today, the main limiting factor in providing the digital exchange of health information in Russian Federation is unresolved legal issues, i.e. the absence of a legal framework of electronic medical records share. At the same time, the level of IT development in our country is quite sufficient to meet current challenges. It is stated that, despite the unresolved number of problems (for example, completeness of medical data on a patient, given to relatives in critical situations, the adoption of a single electronic card is able to bring medical care to a new level, especially in emergency and urgent medicine.

  11. Medico-legal aspects of vertical root fractures in root filled teeth

    DEFF Research Database (Denmark)

    Rosen, E; Tsesis, I; Tamse, A

    2012-01-01

    To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT).......To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT)....

  12. South Africa and nuclear energy - national and international legal aspects

    International Nuclear Information System (INIS)

    Barrie, G.N.

    1987-01-01

    This article gives an exposition of the national and international legal aspects of what appears to be a technological triumph for South Africa. The nuclear policy, facilities, aims and capabilities of the country are described, as well as its nuclear energy program and development. When the Nuclear Energy Act 92 of 1982 was promulgated, a new internal legal dispensation commenced. The main objects of the act, powers and functions of the Atomic Energy Corporation of South Africa Ltd and the Council for Nuclear Safety are stated. South Africa's official viewpoint and attitude regarding the Nuclear Non-Proliferation Treaty, the advantages and obstades to South Africa's signature and ratification of the Treaty are discussed

  13. Ethical and legal aspects of global tobacco control.

    Science.gov (United States)

    Novotny, T E; Carlin, D

    2005-08-01

    On 28 February 2005, the Framework Convention on Tobacco Control came into force as a result of at least 40 countries becoming State Parties through ratification of this first ever health treaty sponsored by the World Health Organization. This article discusses the bioethical, trade, and legal aspects of global tobacco control. Special emphasis is given to globalisation of tobacco use and the challenges it poses to sovereign nations. It also advocates a bioethical basis in the pursuit of global solutions to expanding tobacco use.

  14. About the principle of dignity: philosophical foundations and legal aspects

    Directory of Open Access Journals (Sweden)

    Marcio Ricardo Staffen

    2017-05-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2017v38n75p43 This paper, starting from deductive method, aims to analyze the coexistence mechanisms of the philosophical foundations of the principle of human dignity by the legal practice, both in legislative documents as judicial decisions. On the metaphysical aspects that keeps in its wake, the principle of human dignity opens spaces for criticism of the consistency and coherence of that principle in legislative works, notably, in judicial decisions. Finally, it is concluded that while the reputation based on dignity is a universal virtue, its content depends largely on social, religious and traditional of certain communities.

  15. The final management of nuclear fuel. Legal and economic aspects

    International Nuclear Information System (INIS)

    Villota, C. de

    2009-01-01

    This article gives a brief summary of the characteristics of spent fuel and the lines of action considered for its management. It describes the legal framework that supports the Radioactive Waste Management Plan (PGRR), which contains the lines applicable to Final Spent Fuel Management, as well as the evolution of this legal framework. The article contains the 2008 updated costs of the various items of the PGRR, with a more detailed description of those related to this type of fuel, as well the source and amount of the financial contributions to the fund for meeting these costs, including how they have evolved over time. finally, it provides some personal reflections on this issue. (Author)

  16. Topical legal aspects of corruption counteraction in public procurement

    Directory of Open Access Journals (Sweden)

    Aleksandr Igorevich Zemlin

    2015-03-01

    Full Text Available Objective to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system on this basis to study legal conflicts and gaps and to develop proposals under the provisions of the National AntiCorruption Plan for 2014ndash2015. Methods historical formallegal logical and systemicfunctional structural and contextual approach to the study of law and theoretical propositions concerning the definition nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results аn aggregate of theoretical conclusions and proposals aimed at perfection of anticorruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty the results of the author39s interpretation of changes in the Russian anticorruption legislation and legislation on the contractual public procurement system existing legal conflicts and gaps. Practical significance developing proposals for improving the standards of anticorruption legislation and legislation on public procurement system under the provisions of the National AntiCorruption Plan for 2014ndash2015. nbsp

  17. Abortion in Islamic countries--legal and religious aspects.

    Science.gov (United States)

    Asman, Oren

    2004-01-01

    The debate over abortion is still controversial as ever. As one of every four people in the world is of the Muslim religion, it is important to learn more about the Islamic point of view toward this dilemma in medical ethics. The first part of this paper gives a general view of the sources of Islamic law and discusses modern developments in Islamic medical ethics regarding abortion. The second part focuses on the legal aspects of abortion in different Islamic states, dealing with the need to supply solutions to women who for different reasons wish to abort and at the same time enact laws that would not contradict Islamic principles. A study of three Muslim states (Egypt, Kuwait and Tunisia) demonstrates three different approaches toward legalizing abortion--a conservative approach, a more lenient approach, and a liberal one--all within Islamic oriented states. This leads to a conclusion that a more liberal attitude regarding abortion is possible in Islamic states, as long as traditional principles are taken into account.

  18. Child and adolescent labor: factors, legal aspects, and social repercussions

    Science.gov (United States)

    Cruz Neto O; Moreira

    1998-04-01

    Children and youth are currently one of the population segments most heavily jeopardized by the worsening of social, economic, and cultural problems in Brazil. Factors such as lack of government support for a sound, universally accessible school system, income concentration, low wages, unemployment, and family dysfunction have direct impacts on the life histories of children and adolescents, forcing them to join the labor market early, where their rights as 'citizens with special developmental conditions' are routinely ignored. This article aims to provide support for the eradication of child labor and the adaptation of adolescent labor to the terms of the pertinent Brazilian legislation. To this end, the article reviews the Federal Constitution, Consolidated Labor Laws, and Statute for Children and Adolescents to analyze situations in which work activities may or may not be allowed for children and adolescents, settling possible points of disagreement between the three legal texts and analyzing their social aspects.

  19. Legal aspects of Polish Tax and Social Security in Agriculture

    Directory of Open Access Journals (Sweden)

    Agnieszka Parlińska

    2008-12-01

    Full Text Available In the paper are describing legal aspects of treatment of farming sector in the tax and social security system in Poland. Tax System in Polish Agriculture is an integral part of Polish Tax System. Most taxes paid by farmers are property taxes, which supplied the budget of main local authority in Poland (municipality. In some cases farmers pay also personal income tax and value added tax like those, who run specific agricultural production as well individual farmers who operate through a limited liability company are subject to corporate income tax. The social security fund for farmers (known as KRUS was speared in 1990 from the social security system (ZUS. Farmers receive similar benefits with regard to health care, education, and social welfare although the contributions into the farmers system are lower then under the ZUS system.

  20. [Legal termination of pregnancy. Economic and social aspects].

    Science.gov (United States)

    Delachaux, A; Wietlisbach, V

    1979-12-01

    The article analyzes the socioeconomic aspects, but especially the economic ones, of induced abortion, whether it is legal or illegal, and of an unwanted pregnancy. Costs are based on 1979 prices in the Vaud canton, Switzerland. Obviously, the pure economic cost of induced abortion is much lower than that of regular or even complicated delivery, much lower than the cost of treating complications from illegally induced abortion, and enormously lower than the cost involved in raising a child, whether the expenses are paid for by the mother, or by the community, as it very often happens with teenage mothers. In a world where money is getting an ever increasing importance, psychological side effects of abortion are almost completely discarded. To encourage young couples to have children, or to keep a baby, governments should consider financial benefits and/or social advantages, such as free lodgings for the family.

  1. About Some Aspects of License Contracts Legal Regulation

    Directory of Open Access Journals (Sweden)

    Ekaterina A. Sviridova

    2015-06-01

    Full Text Available Over the past few years subjects of a civil turn estimated possibilities of use of the intellectual rights for results of intellectual activity and means of an individualization equated to them in business activity and began "to commercialize" intellectual property actively. In the present article the author investigates some aspects of legal regulation of license contracts. In the conclusion the author notes that, rules of law of intellectual property are independent, the rules regulating contracts on alienation of an exclusive right and license contracts are taken out for the part framework the second Civil Code of the Russian Federation regulating questions of the contract of donation and therefore is inadmissible to apply as analogy of the law to the contract on gratuitous alienation of an exclusive right and the license contract of norm on the contract of donation.

  2. Medico-legal aspects of postmortem pink teeth.

    Science.gov (United States)

    Borrman, H; Du Chesne, A; Brinkmann, B

    1994-01-01

    While the phenomenon of pink teeth has been known since 1829, when it was first described by Bell, its application in forensic medicine has been limited. Recently, however, attention was again focused on pink teeth in legal cases. The medico-legal implication was the use of pink teeth as a possible means of evaluating the cause of death. Pink teeth can occur during life and postmortem. Except for very few and poorly documented exceptions, they develop earliest after 1 to 2 weeks postmortem. Their chemical analogy is seepage of hemoglobin or it's derivates into the dentinal tubules. Prerequisites are hyperemia/congestion and erythrocyte extravasation of the pulp capillaries, furthermore autolysis and a humid milieu. Therefore, they are most often associated with water immersion. The intensity of characteristics varies between different cases and also between different teeth in an individual case. Since the ante-mortem prerequisites are non-specific and can be replaced by certain postmortem conditions, there exist until now no specific correlation to the cause of death. The phenomenon is very often seen in victims of drowning where the head usually lies in a head-down position. From this it can be assumed that pink teeth even if not identical to postmortem lividity can, at least to some extent, be considered as analogous. Since, there is no obvious connection between the occurrence of pink teeth and the cause of death, it may be concluded that pink teeth are not pathognomonic for a specific cause of death and this is therefore an unspecific phenomenon.

  3. The legal aspects of internationalization of nuclear fuel cycle

    International Nuclear Information System (INIS)

    Tazaki, M.; Akiba, M.; Kuno, Y.

    2011-01-01

    The purpose of internationalization of nuclear fuel cycle facilities and / or multilateral nuclear approach (MNA) is to support nuclear nonproliferation regime by minimizing unnecessary proliferation of sensitive technologies and facilities through assured supply of nuclear fuel and services. In order to establish such MNA, a University of Tokyo team, including authors of this paper, first furnished justification for MNA, and then set out twelve MNA prerequisites. One of those prerequisites is 'Legal Aspect' and it intends to avoid inconsistencies between MNAs and existing treaties and agreements. By listing typical treaties and agreements related to each MNA prerequisite, several inconsistencies are found out. In relations with sovereign states' alienable right of the peaceful use of nuclear energy recognized in Article IV of Nuclear Nonproliferation Treaty (NPT), two inconsistencies should be highlighted. One is nuclear supplier states' restraint in transfer of sensitive facilities, equipment, technology and material to recipient states set out in Nuclear Suppliers Group (NSG) Guidelines, while the other is also some nuclear supplier states' restriction on reprocessing of spent fuel (SF) of their origin in recipient states, which is specified in supplier-recipient bilateral nuclear cooperation agreement. Authors are now on the way to analyze more various inconsistencies, in order to find out ways to avoid or overcome such inconsistencies for sustainable and feasible MNAs. This paper describes a broad introduction of authors' current study. (author)

  4. CURRENT PRACTICES AND MEDICO-LEGAL ASPECTS OF PRE ...

    African Journals Online (AJOL)

    hi-tech

    2004-07-01

    Jul 1, 2004 ... As the legal system in our society advances, coupled with the widespread use of advanced information technology, it follows that majority of our patients would become conscious of their legal rights. Thus, the issue of litigation known to be very rampant in the western world may soon become the order of.

  5. Evolution of legal aspects of the atomic materials and lithium

    International Nuclear Information System (INIS)

    Frangini, L.; Ugalde, M.

    1986-01-01

    In view of the numerous and various inquiries, external and internal, received concerning the legal situation wherein natural atomic materials (uranium and thorium) and lithium currently are, and after the several modifications the legal System that regulates them has suffered, the Legal Consultation Office of the Comision Chilena de Energia Nuclear has deemed necessary to make a brief account of the evolution legislation has experienced in this respect. Our aim is but presenting, systematically and simply, how law has dealt with the natural atomic materials and lithium, so that the reader, needing neither deep research and analyses nor juridical formation, may have a clear vision of the legal situation wherein these substances currently are. (Author)

  6. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  7. Legal aspects of storing CO2. Update and recommendations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-06-21

    CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

  8. Munchausen syndrome by proxy in Mexican children: medical, social, psychological and legal aspects.

    Science.gov (United States)

    Trejo-Hernández, Jorge; Loredo-Abdalá, Arturo; Orozco-Garibay, José Manuel

    2011-01-01

    The Munchausen Syndrome by Proxy (MSP), is considered as an unusual less frequent variety of child abuse (CA). In this type of abuse the perpetrators purposely provide factitious information, tamper with specimens or actually induce an illness in a child. Nowadays, it is a clinical entity described in pediatrics as more frequently than before. Despite the fact of its presence worldwide, there are still problems in order to get an appropriate diagnostic. It is also difficult to handle both the clinical and legal aspects in various countries. Make our academic fellows aware of various pediatric, psychological, social and legal aspects of a series of cases attended at the Clínica de Atención Integral al Niño Maltratado from Instituto Nacional de Pediatría (CAINM-INP), Mexico [Integral Clinic of Attention for Abused Children, at National Institute of Pediatrics, Mexico]. From a series of 25 cases, 18 minors of age were considered with this syndrome since we found that they shared medical, psychological, social and legal characteristics. 18 minors of age belonged to 14 families. 4 of those families had two affected children each one. These affected children were girls 13/18, predominant in children under six years in 10/18. Syndrome expression was distributed as follows: fever from a non determined origin, seizures, chronic diarrhea, hematuria, and probable sexual abuse. 14 children were hospitalized. In all cases, the aggressor was the mother. The psychological evaluation of six perpetrators revealed psychotic, histrionic, and compulsive-obsessive traits. The socio-economic condition was low in 50% of the cases. A legal demand was posed for seven patients in which all the children remained under the custody of the mother. In Mexico, reports of CA have increased within the last years according to experience. Some complex forms as MSP require the participation of an interdisciplinary team for both diagnosis and integral attention.

  9. Modern Tendencies and Characteristics of Legal Writing in English for Specific Purposes

    Directory of Open Access Journals (Sweden)

    Greta Përgjegji

    2015-11-01

    Full Text Available The article with the title ‘’Modern tendencies and characteristics of Legal Writing in English for Specific Purposes’’ deals with the study of legal writing and its teaching in professional linguistic contexts, where writing is considered as a means of communication between two communities that have different languages, but share the same knowledge or expertise. The article describes some key features of legal writing as part of Writing for Specific Purposes. The historical background gives a hint on how the legal writing was considered at its beginnings, how it evolved and how it was taught through years. It also discusses the controversial issue whether writing should be taught together with the legal reasoning or not, taking into consideration the fact that the process of writing itself for most students is considered to be of a more complicated nature than the process of the legal reasoning. The characteristics of legal writing describe the specificities and the intricacies that the legal jargon implies, the archaic words, wordiness and the awkward sentence structure. Modern tendencies place emphasizes on another aspect of legal writing nowadays; that of writing in Plain English which implies a breaking of the cycle of the complicated writing toward a simplified way of writing, through a tiring and long process of writing where the reader is at the center of it. This means that every writing has been produced having the reader in mind implying that the general public that does not have a legal background should be able to understand it.

  10. Cluster strategies in the regional economy development: legal aspects

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

    Full Text Available Objective to study the state of legal support of the cluster strategies implementation to identify the problems and possible directions for improving the legal support of cluster development in the regions. Methods systemic structuralfunctional induction and deduction analysis and synthesis formal legal. Results the paper formulates the definition of cluster as a form of cooperative interaction of organizations interacting in some economic sphere due to functional dependence complementing each other and reinforcing the competitive advantages of individual companies. The hypothesis is proposed that the organizational and management structure of clusters should be unified and obtain normative fixation so that the same type of bodies including executive bodies and the structure of the different clusters deliberative specialized organizations organizationcoordinator etc. had similar competence and position in the management hierarchy. Scientific novelty following the most general conception of a cluster as interacting institutions in a specific area one can see that the lack of clarity in the legal support of the clusters functioning does not allow to determine the status of authoritative and nonauthoritative subjects of economic activities their organizationallegal forms and the procedure of their interaction. Practical significance the identified problems of legal support of the cluster strategies implementation can help in the improvement of state regulation of cluster relations in the regions and their implementation.

  11. Medico-legal aspects of alleged rape victims in Lahore.

    Science.gov (United States)

    Manzoor, Iram; Hashmi, Noreen Rahat; Mukhtar, Fatima

    2010-12-01

    To describe the socio-demographic along with the medico-legal characteristics of rape victims reporting to a female police station of Lahore. Observational study. Female Police Station in Shadman, Lahore, from, June 1995 to January 2009. A total of 74 cases of alleged rape victims were identified while reviewing all available police files concerning reported rapes and attempted rapes from 1995 to 2008. The data was gathered on preformed questionnaires after conducting the pilot study. All information about victims and alleged offenders were extracted from the police files including socio-demographic profile of the accused and victim both. Use of weapon, evidence of physical and genital trauma, assailant identification and his relationship with the victim, number of accused persons and location of rape was noted in each case. Examination by doctor and obtaining the specimens were also identified and was related to the outcome of the court case. Chi-square test was applied to determine the association of rape with age and educational status of the victim and the accused. A total of 74 cases of alleged rape were reported in the study period at Shadman Female Police Station. Maximum number of victims was reported in the age group 10-19 years (n=46, 62.2%). Majority of the accused belonged to 20-39 years' age group constituting 64.8% of the total. Regarding educational status 45 (60.8%) of the victims and 51 (68.9%) of the accused were illiterate. Significant association was found between the educational status of rape victims and accused (p = 0.016) but not between their ages (p = 0.862). The maximum incidence of rape was reported in unmarried (n = 55, 74.3%) and unemployed (n =61, 82.4%) women. In 14 cases (19%) use of weapon was reported. Physical trauma was reported in 29 (39%) and genital trauma in 14 (19%) cases. The accused were identified as family friends (25%) and neighbours (23%) respectively. Only 21% of the victims were examined by doctor and specimens were

  12. Legal aspects of business development and innovation in Poland

    Directory of Open Access Journals (Sweden)

    Dariusz Grzegorz Żak

    2013-06-01

    Full Text Available At the beginning of this article the basic concepts related to the topic issues are presented. The article focuses on the rationale and ideas of creating entrepreneurship and innovation. On the one hand the work’s aim is to show the basic legal instruments which allow to conduct business in Poland, and to demonstrate the role of state bodies in the promotion of entrepreneurship. However, on the other hand the aim of this work is to show the legal instruments connected with competition and encourage entrepreneurs’ innovativeness, taking into account the current needs and trends occurring on the market.

  13. [Legal aspects of post-mortem radiology in the Netherlands

    NARCIS (Netherlands)

    Venderink, W.; Dute, J.C.

    2016-01-01

    In the Netherlands, the application of post-mortem radiology (virtual autopsy) is on the rise. Contrary to conventional autopsy, with post-mortem radiology the body remains intact. There is uncertainty concerning the legal admissibility of post-mortem radiology, since the Dutch Corpse Disposal Act

  14. Legal, economic and cultural aspects of file sharing

    NARCIS (Netherlands)

    van Eijk, N.; Poort, J.P.; Rutten, P.

    2010-01-01

    This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the

  15. Nuclear development for peaceful purposes: legal and regulatory aspects

    International Nuclear Information System (INIS)

    1986-10-01

    This document contains the 17 lectures and reports presented at the regional course on legislation and regulation of nuclear safety for Latin American countries organized by the IAEA on 15-20 October 1984 in Montevideo, Uruguay. A separate abstract was prepared for each of these papers. Also reproduced are some legal documents related to the subject

  16. The Person of Suspect in Criminal Procedure: Legal Historical Aspect

    Directory of Open Access Journals (Sweden)

    Zemlyanitsin E. I.

    2013-05-01

    Full Text Available The article deals with the historical path of the emergence and development of the legal rules governing the procedural status of a suspect in the criminal procedure. The author puts forward the proposal to amend the Criminal Procedure Code of the Russian Federation.

  17. INTERNATIONAL LEGAL ASPECTS OF DEALING WITH THE CONTEMPORARY TERRORISM THREATS

    Directory of Open Access Journals (Sweden)

    Vesna Poposka

    2017-05-01

    Full Text Available Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counter-terrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.

  18. Medico-legal aspects of altered sensation following endodontic treatment: a retrospective case series

    DEFF Research Database (Denmark)

    Givol, Navot; Rosen, Eyal; Bjørndal, Lars

    2011-01-01

    The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication.......The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication....

  19. [The future of the obligation to be vaccinated: legal aspects].

    Science.gov (United States)

    Truchet, Didier

    2010-01-01

    Under French law, the authorities have the right to make some vaccinations obligatory, to recommend others, or simply to allow individuals to decide whether they or their children should be vaccinated. These political decisions must balance the public good against individual freedoms, and are more a question of pragmatism than of legality. In each situation, politicians and judges are faced with difficult issues of liability.

  20. Legal aspects of sub-seabed disposal of radioactive waste

    International Nuclear Information System (INIS)

    Reyners, P.

    1981-10-01

    In connection with methods for disposal of highly radioactive waste, that consisting of burying such waste in the sub-seabed arouses an increasingly marked interest among specialists. Apart from the technical difficulties still to be overcome and current safety assessments, this method gives rise to quite considerable legal and political problems. Their solution will undoubtedly have a bearing on its chances of being implemented. (NEA) [fr

  1. Mediterranean drama: pragmatic, legal and moral aspects of hospitality

    OpenAIRE

    Nowak, Ewa

    2015-01-01

    Hospitality is „not a concept which lends itself to objective knowledge,” Jacques Derrida assumes. His assumption „provokes” and challenges European hospitability, not only in the Mediterranean area in which „welcoming” and „ingratiating” (in Derrida’s terms) forms of human conduct met together thousands years ago, and an asylum seeker found hospitia. What is hospitality and why philosophize about it today? The paper examines hospitality’s pragmatic, customary, legal and ...

  2. [Hygiene and legal aspects of occupational exposure assessment to cytostatics].

    Science.gov (United States)

    Kupczewska-Dobecka, Małgorzata; Pałaszewska-Tkacz, Anna; Czerczak, Sławomir; Konieczko, Katarzyna

    2018-01-01

    The employers responsibilities for the assessment of occupational exposure to cytostatics in the workplace were analyzed in the light of existing legal regulations. Cytostatics may pose a threat to health and life of workers taking care of patients treated oncologically, i.e., pharmacists, physicians, nurses and other personnel. The significant scale of occupational exposure to cytostatics in Poland is confirmed by the data collected in the Central Register of Data on Exposure to Carcinogenic or Mutagenic Substances, Mixtures, Agents or Technological Processes, maintained by the Nofer Institute of Occupational Medicine, Łódź, Poland. The issue of occupational risk assessment of exposure to cytostatics gives raise to numerous concerns. Polish regulations concerning health protection of employees occupationally exposed to cytostatics are not unequivocal, as they are derived from different areas of the law, especially those applying to hazard classification, labeling and preparation of safety data sheets for cytostatics. There are neither binding occupational exposure limits legally set for active compounds of antineoplastic drugs nor methods for monitoring of these substances concentrations in a worker's breathing zone and biological material. This prevents the employer to carry out the correct assessment of occupational exposure, the results of which are the basis for preparing the proper preventive strategy. In this article the consequences of amendments to the European chemical legislation for employers responsible for adequate protection of health and life of employees exposed to cytostatics, were discussed, as well as some legal changes aimed at a better health and life protection of workers exposed to cytostatics in a workplace were proposed. Med Pr 2018;69(1):77-92. This work is available in Open Access model and licensed under a CC BY-NC 3.0 PL license.

  3. Day Care Legal Handbook: Legal Aspects of Organizing and Operating Day Care Programs.

    Science.gov (United States)

    Aikman, William F.

    This guide for providers of day care services presents information on business regulations and other legal considerations affecting for-profit and not-for-profit day care programs. Three basic topics covered are: (1) choosing the type of organization (sole proprietorship, partnership or corporation), (2) forming the organization, and (3) operating…

  4. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    The general legal framework covering economic transactions has been created long before the creation of electronic commerce. Therefore most regulation more or less explicitly assumes that goods have a physical appearance and that all contractual issues are settled either orally or by use of paper....... Electronic Commerce mediated via the telecommunications network has enabled electronic ordering, electronic purchase and electronic payments. In addition digital goods such as software have no physical appearance and can be subject to electronic distribution. Not all parts of the existing legislation fit...

  5. Legal aspects of the transfer of nuclear technology

    International Nuclear Information System (INIS)

    Sartorelli, C.

    1980-03-01

    The paper stresses the importance of nuclear technology transfer and describes the legal instruments for transfer of technical and scientific technology, particularly from the contractual viewpoint. A description follows of the setting-up of national joint ventures for nuclear power plant projects with emphasis on technological know-how to enable operation of plants in compliance with safety standards. The possibility is discussed of the export of nuclear technology, and finally mention is made of a proposal for a 'code of conduct' on such transfers in the framework of the United Nations, having regard to the 'London agreements' on nuclear exports. (NEA) [fr

  6. Legal Aspects of the Financing of Religious Groups in Spain

    Directory of Open Access Journals (Sweden)

    ÓSCAR CELADOR ANGÓN

    2014-06-01

    Full Text Available The purpose of this paper is to analyze the Spanish public polices in the financing of churches and religious organizations. According to this approach, and taking in account that the Spanish legal frame lack of a common regulation for all religious groups, this paper aims to provide analysis of the following issues: the constitutional principles of the Spanish political system relevant to the religious freedom, the cooperation agreements between the State and the religious groups, and the economic and fiscal regime of the Catholic Church and the religious minorities.

  7. Economic and legal aspects of utility consortiums for heliostat purchase

    Energy Technology Data Exchange (ETDEWEB)

    Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

    1982-07-01

    A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

  8. Legal aspects of financing Canadian offshore oil and gas developments

    International Nuclear Information System (INIS)

    Green, J.M.; Hudec, A.J.

    1992-01-01

    A review is presented of the significant legal considerations involved in structuring, negotiating, and documenting commercial financing of a Canadian offshore oil and gas production facility. Emphasis is placed on the Hibernia Project in the Newfoundland offshore as an example, and more specifically the $450 million bank financing completed in November 1991. The legal framework governing offshore production financing in this case was complex, due to the project's location in international waters on the continental shelf. Complex intergovernmental arrangements have been implemented between Canada and Newfoundland to govern the offshore area and regulate the project. An agreement called the Atlantic Accord allowed the Canada Newfoundland Offshore Petroleum Board (CNOPB) to grant production licenses and to regulate offshore exploration and development, with matters relating to legislation, taxation, and royalties shared between the governments. Certain other acts were enacted or extended for application to the offshore area. The CNOPB administers a registry system for transfers and security interests in offshore licenses. Security interests including property are ensured by the Hibernia Act, which makes Newfoundland's existing security interest regime applicable to the offshore. The project owners are operating Hibernia as a joint venture, and the structure of project financing and inter-creditor arrangements is examined. The competing security interest of project lenders and non-defaulting participants is discussed, along with assignment of priorities on the security in case of default

  9. [Abortion in Colombia. Medical, legal and socioeconomic aspects].

    Science.gov (United States)

    Umaña, A O

    1973-01-01

    Abortion is a social problem and criminal sanctions are very ineffective in limiting it and are seldom applied (133 legal actions vs. 65,600 cases of induced abortion in 1965). Abortion is a social disease, as are prostitution, juvenile delinquency, drug abuse, and so far has been an insoluble problem. Colombian laws should be modified to reflect reality. Sex education must be emphasized, because ignorance is one of the main causes of abortion. Leniency should be applied toward women who cooperate with the authorities in identifying the person who performed an abortion. Legalization of abortion and enforcement of strict laws against it are considered as possible solutions, but both are rejected. The former is regarded as morally unacceptable and as imposing an excessive burden on scarce health services, the latter as even worse, imposing an equivalent burden on the court system, without s olving either health or social problems. The best and probably only solution is to improve education in family planning, to promote knowledge and motivation to enable the population to make sound and responsible decisions.

  10. Multinational repositories: Ethical, legal and political/public aspects

    International Nuclear Information System (INIS)

    Boutellier, C.; McCombie, C.; Mele, I.

    2006-01-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  11. Psychiatric nursing care in Brazil: legal and ethical aspects.

    Science.gov (United States)

    Ventura, Carla A Arena; Mendes, Isabel Amélia Costa; Trevizan, Maria Auxiliadora

    2007-12-01

    Human rights, considered as rights inherent to all human beings, must be respected unconditionally, especially during health care delivery. These rights became actually protected by International Law when the UN was created in 1945 and, later, when the Universal Declaration of Human Rights was issued in 1948, giving rise to various subsequent treaties. Based on the historical evolution of Human Rights in the international sphere, associated with the principles of constitutional, penal and civil law and psychiatric patient rights in Brazil, we aim to understand some dilemmas of psychiatric nursing care: individuals' rights as psychiatric patients, hospitalization and nursing professionals' practice. In their practice, nurses attempt to conciliate patients' rights with their legal role and concerns with high-quality psychiatric care. In coping with these dilemmas, these professionals are active in three spheres: as health care providers, as employees of a health organization and as citizens.

  12. [Legal aspects of intoxicating medication in relation to traffic safety].

    Science.gov (United States)

    Riemenschneider, S

    1997-06-13

    When a patient operates a vehicle, he commits a traffic violation if he is incapable of conducting his vehicle safely in traffic at that time. If the lack of safety has been caused by medication or other types of intoxicating drugs, he commits a criminal offense. At present, scientific evidence suggests that the proof of a causal link between driving insecurities and the intake of intoxicating medication cannot solely be based upon the quality and quantity of such medication but must also take into account the possible establishment of visible physical disabilities.A physician must thoroughly inform his patient of all relevant risks both of the illness itself and its medical treatment in relation to traffic safety. The former is nevertheless not legally authorized to suspend the patient's driving licence; neither does his explicit permission to operate a vehicle generally protect the patient from criminal prosecution. Even in cases where the capability to operate a vehicle is not subject to medical doubts, a patient should be encouraged to constantly scrutinize this capability, especially in regard to unexpected side-effects of the medication. Insufficient medical advice may result in criminal responsibility of the physician if an accident is proved to have been caused by the patient, resulting in injury of the patient or a third party. If sufficient advice has been conveyed, possible criminal responsibility is limited to cases where the patient lacks the ability to act self-responsibly or if there is the imminent danger of an accident. If the physician learns that a patient with relevant disabilities will attempt to conduct a vehicle despite his opposite advice, he may inform the traffic authority after having repeatedly and unsuccessfully communicated with the patient and after having carefully balanced the interests of the parties involved. The physician is then longer obliged to abide by the requirement of medical confidentiality; there is, however, no legal

  13. Technical and legal aspects of the decommissioning of nuclear installations

    International Nuclear Information System (INIS)

    Rowden, M.A.; Fowler, S.E.

    1983-01-01

    Many of the plants licensed at the start of nuclear power programmes will require decommissioning in the 1990's and this issue should now be confronted by the nuclear industry, its regulators and governments. This paper deals with the United States programme and experience in the decommissioning of nuclear installations and describes alternative decommissioning methods including safety and financial aspects. (NEA) [fr

  14. Legal and ethical aspects of organ donation and transplantation

    Directory of Open Access Journals (Sweden)

    Sunil Shroff

    2009-01-01

    Full Text Available The legislation called the Transplantation of Human Organ Act (THO was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on

  15. Aspects of legal communitarianism in Greece: between Millet and citizenship

    Directory of Open Access Journals (Sweden)

    Konstantinos Tsitselikis

    2012-12-01

    Full Text Available Legal and political percepts pertaining to ethnic belonging in Greece are closely linked to the ideological understanding of Greekness, a legacy of the Ottoman Greek-Orthodox millet system. Complementary to this image of the national self, minority protection law on Muslims and Jews was and still is partially formed through millet-like paradigms. Greece’s territorial expansion made all inhabitants of the annexed provinces Greek citizens en masse: in addition to those that were deemed eligible to belong to the Greek nation, Jewish and Muslim communities also acquired Greek citizenship. For these communities the self-autonomy of the Ottoman millet structure in education and religious matters was transformed into minority protection, through special rights (community schools, Moufti’s jurisdiction, Muslim foundations, military conscription attributable through religion to citizens of the state. En Grecia, la interpretación ideológica del carácter griego está estrechamente relacionada con los preceptos legales y políticos relativos a la pertenencia étnica, legado del sistema millet otomano griego-ortodoxo. Como complemento a esta percepción de la identidad nacional, la ley de protección de las minorías musulmanas y judías estuvo, y todavía está parcialmente formada por paradigmas milletianos. La expansión territorial de Grecia convirtió de forma masiva a los habitantes de las provincias anexadas en ciudadanos griegos: entre los que se consideró que reunían los requisitos necesarios para pertenecer a la nación griega, se encontraban las comunidades judías y musulmanas. En ambos casos, la autonomía en temas de educación y religión que disfrutaban dentro de la estructura milletiana de los otomanos, se transformó en protección minoritaria, a través de derechos especiales (escuelas de la comunidad, jurisdicción Moufti, fundaciones musulmanas, el reclutamiento militar atribuibles a los ciudadanos del estado a través de la

  16. Legal and ethical aspects of organ donation and transplantation.

    Science.gov (United States)

    Shroff, Sunil

    2009-07-01

    The legislation called the Transplantation of Human Organ Act (THO) was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh) has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on July 30, 2008, the

  17. Ethical, legal and social aspects of the approach in Sudan

    Directory of Open Access Journals (Sweden)

    Nugud Abdel

    2009-11-01

    Full Text Available Abstract The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local levels. The successful application of the sterile insect technique (SIT for the control of the New World screwworm Cochliomyia hominivorax and several species of fruit flies has given impetus to the use of this method for suppression or elimination of malaria vectors in some areas of Africa including Northern State of Sudan. The research and development phase of the Northern State feasibility study has been started. Sudanese stakeholders are working side-by-side with the International Atomic Energy Agency in the activities of this important phase. Several ethical, legal and social issues associated with this approach arose during this phase of the project. They need to be seriously considered and handled with care. In this paper, these issues are described, and the current and proposed activities to overcome potential hurdles to ensure success of the project are listed.

  18. Ethical, legal and social aspects of the approach in Sudan.

    Science.gov (United States)

    El Sayed, Badria B; Malcolm, Colin A; Babiker, Ahmed; Malik, Elfatih M; El Tayeb, Mohammed A H; Saeed, Nageeb S; Nugud, Abdel Hameed D; Knols, Bart G J

    2009-11-16

    The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local levels. The successful application of the sterile insect technique (SIT) for the control of the New World screwworm Cochliomyia hominivorax and several species of fruit flies has given impetus to the use of this method for suppression or elimination of malaria vectors in some areas of Africa including Northern State of Sudan. The research and development phase of the Northern State feasibility study has been started. Sudanese stakeholders are working side-by-side with the International Atomic Energy Agency in the activities of this important phase. Several ethical, legal and social issues associated with this approach arose during this phase of the project. They need to be seriously considered and handled with care. In this paper, these issues are described, and the current and proposed activities to overcome potential hurdles to ensure success of the project are listed.

  19. [Preimplantation genetic diagnosis. Ethical, social and legal aspects].

    Science.gov (United States)

    Kress, Hartmut

    2007-02-01

    Preimplantation genetic diagnosis (PGD) undertakes an examination of an embryo outside the mother's womb subsequent to artificial insemination in order to identify a potential genetic and chromosomal impairment of that embryo. PGD is not being practiced in the Federal Republic of Germany since it cannot be reconciled with the provisions of the Embryo Protection Law. Objections have been raised against PGD based on ethical, religious and feminist arguments as well as on the grounds of legal framework policy. The essence of those objections relates to the fact that this method relativises the inviolability of the embryo in its early stages. Even human dignity itself is considered in danger. However, those objections have themselves caused demur. A variety of ethical reasons make it appear conceivable to allow PGD under narrowly defined conditions in medically founded cases. PGD can be used to the benefit of the health of both the pregnant mother and the expected children. In case PGD should be permitted, it would have to be within the framework of medical and sociopsychological counselling.

  20. LEGAL ASPECTS AND UNCONVENTIONAL METHODS OF CANCER TREATMENT

    Directory of Open Access Journals (Sweden)

    S. V. Sidorov

    2018-01-01

    Full Text Available Background: The current legislation on the provision of medical assistance fixes the patient’s right to health care and medical assistance (Article 41 of the Constitution of the Russian Federation. Hence it follows that the patient has the opportunity to receive advice on the use of different treatment methods not only from his/her attending physician, but also from other doctors, to use available reference information, and to consider options for using methods of alternative medicine. Patients have the right to refuse treatment if they consider that the treatment options offered by the attending physician are inappropriate for them. Physicians have no right to treat patients without a patient’s informed consent. It is necessary to determine the actual legal model of the relationship between the attending physician and the patient, who may have different options for further treatment. The purpose of the study was to analyze the legislation on the protection of public health, which allows the attending physician to refuse further treatment of a patient, informing the chief physician about the reasons for the refusal.Results. In cases when cancer hospitals and centers refuse to treat patients who decline conventional cancer treatment and require alternative medicine instead, a signed mutual refusal of medical care is documented: the patient’s refusal of the treatment and the cancer institution’s refusal of the treatment options offered by the patient.

  1. The legal aspects of fetal protection policies in the workplace

    International Nuclear Information System (INIS)

    Jose, D.E.; Scott, E.K.

    1991-01-01

    The concerns of working women have received increasing attention from lawmakers, employers and women themselves as more and more American women enter the workforce. Fetal protection policies evidence a growing awareness by employers that their workplace poses special hazards to the unborn children of women workers. Yet, the fetal protection area is fraught with tension between legitimate competing concerns. Women expect equal employment opportunities, and employers are legally bound to provide equal treatment; however, these interests are challenged by women's desire to deliver healthy babies and employers' desire to avoid causing fetal defects or to be sued for naturally occurring genetic defects. Title 7 of the Civil Rights Act of 1964 and various state laws on fair employment practice embodies societal concerns for fairness in employment as it relates to fetal protection. Fetal protection policies are one example in which discriminatory practices are implicated since under such policies employers may refuse to hire or segregate previously hired pregnant women or women of child bearing age on the grounds that such exclusion or segregation is necessary to protect fetal health or the reproductive capacity of the female employee. A dilemma is presented to the employer of any nuclear workforce which includes women since the permissible dose for a man or woman is many times larger than the dose for a fetus

  2. The Central Bank and the State Budget: Selected Legal Aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2015-09-01

    Full Text Available The Polish Central Bank (National Bank of Poland – NBP performs mainly macro-economic tasks, for maintaining price levels. This Bank is not focused on tasks aimed at the interests of the State Budget. The Central Bank has a lot of power in the creation of money. It seems, there is possible to create the budgetary revenues, which are connected with the emission of money. In particular, the income from emission of coins may be determined as the budget revenue. The connection the Treasury with the Central Bank results from the historical evolution of the origin and role of the Central Bank. It is reasonable to increase the role of the treasury securities in the Central Bank activity. The Treasury Bills should be used in the open market policy leading by the Central Bank. There is the issue of changing of the Constitution of the Republic Poland in the field of limit of the public debt (60% of GDP. It seems, the Polish Constitution should not be the only constitution in the world that introduced such a limit. This limit, and the limit on annual budgetary deficit, introduces EU law. That is a sufficient legal limit.

  3. Legal aspects of the EU policy on irregular immigration

    Directory of Open Access Journals (Sweden)

    Voinikov Vadim

    2015-12-01

    Full Text Available This article addresses the issues pertaining to the adoption and development of legislation on irregular migration in the context of uncontrolled growth in the number of immigrants from North Africa and the Middle East to the EU. The article attempts at studying the EU legislation on irregular migration, classifying it, and analysing the prospects of EU migration legislation in the light of an increase in irregular immigration into the EU. The author systematises, classifies the current EU legislation on irregular immigration, and analyses the conditions, in which this legislation was developed. Using the legislation analysis method, the author proposes the following system of EU legislation on irregular immigration: rules preventing assistance to irregular immigration, rules preventing employment of irregular immigrants, rules on the return of irregular migrants and readmission, rules on border control, and rules on collaboration with third countries. The author pays special attention to analysing the current state of irregular immigration to the EU, which was dubbed the ‘greatest migration crisis in Europe’. The conclusion is that the European Union succeeded in the development of pioneering legislation on irregular immigration, which can serve as the basis for reception by other states. However, changes in the political and economic situation in the EU’s southern borderlands made the current legal mechanisms incapable of withstanding new threats. It necessitates a radical reform of the legislation on irregular immigration.

  4. Some aspects of travel and resort activity legal regulation in the early soviet period

    Directory of Open Access Journals (Sweden)

    Evgeniya V. Tutinas

    2011-02-01

    Full Text Available The article gives general characteristic of early formation of the legislation in the field of travel and resort activity legal regulation during the Soviet period of the Russian Federation.

  5. [Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

    Science.gov (United States)

    Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

    2016-04-01

    Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.

  6. Examining the ethico-legal aspects of the right to refuse treatment in Turkey.

    Science.gov (United States)

    Sert, Gurkan; Guven, Tolga

    2013-10-01

    This paper examines the ethico-legal problems regarding the right to refuse treatment in Turkey's healthcare system. We discuss these problems in the light of a recent case that was directly reported to us. We first summarise the experience of a chronically dependent patient (as recounted by her daughter) and her family during their efforts to refuse treatment and receive palliative care only. This is followed by a summary of the legal framework governing the limits of the right to refuse treatment in Turkey. With the help of this background information on the legal framework, we re-examine the ethico-legal aspects of the case and explain the underlying reasons for the problems the family and the patient experienced. Finally, we conclude that Turkey's legal framework relating to the right to refuse treatment needs to be clarified and amended in accordance with international conventions and fundamental human rights.

  7. Economic and Legal Aspects of the Regulation of Population Migration

    Directory of Open Access Journals (Sweden)

    Tatyana Viktorovna Luzina

    2016-12-01

    Full Text Available The article is devoted to a current problem of regional development, such as the regulation of labour migration. In the article, the causes of the inefficient use of labour resources are identified and the solutions to reduce tension in the labour market both at the state level and at the level of an individual employee are proposed. The formal rules and informal constraints that have a significant impact on migration are allocated. The institutional support for the regulation of migration in Russia is considered. At the level of the entities of the Russian Federation, the analysis of migration flows for the period from 2012 to 2014 is carried out; the entities of the Russian Federation are grouped according to the degree of the influence of the indicators of the natural movement and the migration of population as well as to the qualification structure of migrants (professional education, age structure. The basic imbalances in the labour market in the entities of the Russian Federation are revealed. The authors have proposed a model for assessing the attractiveness of workplaces based on the objective indicators of the development of Russian regions presented in the statistical report of Federal State Statistics Service. A feature of the model is the ability to determine the main factors influencing the attraction of labour resources to the region. The methodological tools of the research include the mathematical methods of processing statistical data. Testing of the model is conducted for the Federal districts of the Russian Federation. According to the developed model, the coefficient of the attractiveness of a workplace in 2010 and 2014 for all Federal districts of the Russian Federation is calculated. In the article, the legal framework regulating the flow of the human capital is also analysed. The assessment of the implementation of the state program of support for the resettlement in the Russian Federation of compatriots residing abroad is

  8. LEGAL ASPECTS OF DIRECT-TO-CONSUMER GENETIC TESTS.

    Directory of Open Access Journals (Sweden)

    Mariela Yaneva – Deliverska

    2011-06-01

    Full Text Available Genetic testing is a type of medical test that identifies changes in chromosomes, genes, or proteins. Most of the time, testing is used to find changes that are associated with inherited disorders. The results of a genetic test can confirm or rule out a suspected genetic condition or help determine a person’s chance of developing or passing on a genetic disorder. The main difference between direct-to-consumer genetic testing and the standard genetic testing is the way informational support is provided in internet offers of testing. Counselling may be offered as an additional special service at extra costs and at the customer's request. It may also be that a recommendation or at least an offer is given for the customer to contact a doctor or health practitioner from the company via phone for counselling.In a liberal society the fundamental individual rights can be considered to include access to medical treatment and diagnostics that may be helpful for improving one's health condition or that can help an individual make decisions regarding life style and health. At the European level, there are no binding legal regulations that specifically apply for genetic testing. In some European counties, national laws, require a responsible medical person to be involved before a genetic test is provided. The Convention on Human Rights and Biomedicine was adopted by the Committee of Ministers on 19 November 1996, while an Additional Protocol to the Convention, concerning Genetic Testing for Health Purposes, was adopted by the Committee of Ministers on 7 May 2008.Direct-to-consumer genetic testing is closely watched by the community of medical genetics and counsellors, and the EU funded Eurogentest Network of Excellence.In 2010, the European Society of Human Genetics has releaseda statement on direct-to-consumer gene testing for health-related purposes. The European Society of Human Genetics is concerned about the way in which commercial companies are

  9. Some aspects in the legal regulation of the dams

    International Nuclear Information System (INIS)

    Tancev, Ljubomir

    1996-01-01

    In order to ensure high quality and low cost design and building of dams and appurtenant structures, as well as safe exploitation, it is obvious to have appropriate legislation. Keeping in mind that the dams are unique structures, for the design stage the legislation should be less strong. For the next phases - building, maintenance and exploitation - detail and rigorous legislation is recommended. It is emphasised that the engineers should have more freedom designing the dams, but they should be obvious to apply the most recent achievement in the field of the dam design and construction. For illustration, some aspects of three important questions are discussed - 1) the choice of maximum flood discharge, 2) the application of new materials and construction methods and 3) the application of modern methods for static and dynamic analysis of dams. (Author)

  10. Legal aspects of financial analysis in agribusiness companies in Serbia

    Directory of Open Access Journals (Sweden)

    Majstorović Aleksandar

    2016-01-01

    Full Text Available As a company is a living organism, its growth and development depends on the adequacy of planning, control and analytical procedures that are in use in all aspects of their own business. Under such conditions, the accounting analysis involves primarily adequate monitoring already included in the displayed information contained in the financial statements and in particular the analysis of data that are essential to the operation of any enterprise. Knowledge and the application of modern accounting analysis will give to the agribusiness company management a wide range of options in terms of uninterrupted growth and development of the agribusiness company in accordance with a pre-designed and presented vision and mission.

  11. Management of biogas projects. Legal, technical and economic aspects; Management von Biogas-Projekten. Rechtliche, technische und wirtschaftliche Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    Boettcher, Joerg (ed.)

    2013-08-01

    Which requirements must be met in order to implement a biogas projects successfully? Legal enforceability and reliability of contracts as well as technical reliability are prerequisites for a successful financial and economic viability. Under this aspect, the book under consideration offers the first comprehensive overview of the technical, legal and economic aspects of biogas projects. Renowned experts from research and practice consider various aspects.

  12. PRICING STRATEGIES – ASPECTS, TYPES AND CHARACTERISTICS

    Directory of Open Access Journals (Sweden)

    Căruntu Roxana Corina

    2011-09-01

    Full Text Available Companies that want to maximize their profits must decide on several elements that influence this aspect. An important role is pricing the product or service offered by the company. In determining the best price for the product, management must take into account several factors such as cost / unit, market characteristics where the product is intended to be placed, consumer needs. Those that make this type of decisions often use price strategies which help enter a particular market. Economists state that there are many types of strategies out of which I will present those strategies that are based on marginal cost, incremental costs, break even and mark-up.

  13. The final management of nuclear fuel. Legal and economic aspects; La gestion final del combustible nuclear. Aspectos legales y economicos

    Energy Technology Data Exchange (ETDEWEB)

    Villota, C. de

    2009-07-01

    This article gives a brief summary of the characteristics of spent fuel and the lines of action considered for its management. It describes the legal framework that supports the Radioactive Waste Management Plan (PGRR), which contains the lines applicable to Final Spent Fuel Management, as well as the evolution of this legal framework. The article contains the 2008 updated costs of the various items of the PGRR, with a more detailed description of those related to this type of fuel, as well the source and amount of the financial contributions to the fund for meeting these costs, including how they have evolved over time. finally, it provides some personal reflections on this issue. (Author)

  14. NOx Emission Trading in a European Context: Discussion of the Economic, Legal, and Cultural Aspects

    Directory of Open Access Journals (Sweden)

    Chris P.A. Dekkers

    2001-01-01

    Full Text Available Emission trading is a new instrument in environmental policy. It is an alien notion in most European countries and it is often viewed with hesitation. The paper discusses the economic, legal, and perhaps more importantly, the cultural aspects to consider when one tries to explore the prospects for trading emissions of NOX and other substances in Europe. Issues to be addressed are the present legal framework in Europe in relation to the national emission ceilings on NOX and other substances on the basis of relevant EU directives and UNECE protocols. The paper will discuss the extent to which the legal framework within the EU imposes constraints on the design of a national emission trading scheme, and what options are available to fit emission trading into that legislative structure. The NOX emission trading programme developed in the Netherlands will be used to demonstrate the various aspects in a European context.

  15. Legal and ethical aspects of organ donation after euthanasia in Belgium and the Netherlands

    NARCIS (Netherlands)

    Bollen, Jan; ten Hoopen, Rankie; Ysebaert, Dirk; van Mook, Walther; van Heurn, Ernst

    2016-01-01

    Organ donation after euthanasia has been performed more than 40 times in Belgium and the Netherlands together. Preliminary results of procedures that have been performed until now demonstrate that this leads to good medical results in the recipient of the organs. Several legal aspects could be

  16. Legal aspects with regard to mentally ill offenders in South Africa ...

    African Journals Online (AJOL)

    The purpose of this note is to discuss legal aspects with regard to mentally ill offenders with specific reference to the defence raised as a result of mental illness. In order to fully understand this defence it is important to provide a clinical background on what forensic psychiatry is. It is also necessary to define certain clinical ...

  17. Legal aspects of search and mining of nuclear ores under Brazilian law

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1980-06-01

    The legal aspects of mining in the Brazilian law its general principles, the basic concepts and rules established in the constitution of Brazil, in the mining code and in special laws are analysed. The rules for mining and usage of nuclear ores and other ores of interest to the nuclear field are emphasized. (A.L.) [pt

  18. Civil Forensic Psychiatry: part 3 - practical aspects of managing a medico-legal practice.

    Science.gov (United States)

    Samuels, Anthony H

    2018-02-01

    This is the third in a series of papers on Civil Forensic Psychiatry and provides practical advice for forensic psychiatrists, general psychiatrists and trainees who are expanding or contemplating a medico-legal aspect to their practice. Attention to the practice setting, office layout, recording of information, management of documentation, screening of briefs and proper timetabling can improve safety, quality, reliability and workload manageability.

  19. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    This perspective article, which has is cuyrrently undergoing peer review by the medical journal “Personalized Medicine”, deals with the legal aspects of biobanking and points towards the concerns, interest, and choices that should be considered when establishing and operating a biobank. It focuses...... the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...

  20. Legal Aspects Connected to the Use of BIM in the Danish Building Sector

    DEFF Research Database (Denmark)

    Faber, Lene; Svidt, Kjeld; Wandahl, Søren

    2016-01-01

    Sector in the existing legislation as well as in the existing contractual terms. There is legal uncertainty connected to the use of BIM. There is no legal practice in the BIM area that refrains the contractors from achieving a maximum of advantage using BIM. BIM gives rise to interpreting the legislation......In 2013, the Danish government implemented a declaration for the use of information and communication technology in governmental buildings (ICTdeclaration). This has led to an increasing number of building projects using building information modeling (BIM) with potentially better productivity...... and quality. In spite of documented advantages from using BIM, this case study shows that the possibility of delivering added value using BIM is a challenge because of several legal aspects. The existing laws are individualistic, and the BIM line of thinking is collectivistic. Therefore, BIM gives some matter...

  1. Legal aspects of the ocean carriage and receipt of liquefied natural gas. Sea Grant Collage Program

    Energy Technology Data Exchange (ETDEWEB)

    Swan, P.N.

    1977-03-01

    A comprehensive approach is made to various legal aspects of the transport of liquefied natural gas. Following explanations on the specific technology of LNG, consideration is given to the structural and operational safety of LNG carriers; siting of terminals and assessments of environmental risks; the financing of the carriers; the liability and insurance; the regulations; and finally, the political, national security and diplomatic problems are reviewed.

  2. [Legal aspects and the treatment procedure of gender dysphoria in Hungary].

    Science.gov (United States)

    Kórász, Krisztián

    2015-07-26

    The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

  3. Psychosocial and legal aspects of oncological treatment in patients with cognitive impairment

    Science.gov (United States)

    Kuśnierkiewicz, Maria; Kędziora, Justyna; Jaroszyk-Pawlukiewicz, Joanna; Nowak-Jaroszyk, Monika

    2013-01-01

    With society getting older and affected by many diseases, more and more people suffer from severe cognitive disorders. As practice shows, the legal situations of such people is often problematic. This is due to a number of factors, such as short time since the deterioration of patient's condition, initial symptoms ignored, social prejudice towards the idea of incapacitation or taking decisions for a patient, complicated procedures and, sometimes, insufficient knowledge of legal regulations. Cognitive disorders also occur in patients treated for cancer. To be effective, oncological treatment needs to be started as early as possible. This, however, does not meet the criteria of sudden threat to life. The present article relates to both the psychosocial and legal aspects of care of people suffering from intense disorders of memory, attention, problem solving, executive functions, and other. Surely, physicians know how to handle patients with the above dysfunctions. However, legal procedures aimed to protect patients’ rights are often unclear and time consuming. In practice, this often amounts to a dilemma whether to treat or follow the applicable law. Certainly, solutions in this regard should be clearer and better adapted to the needs arising from specific treatment needs of particular groups of patients. PMID:24936334

  4. Legal and labor responsibility aspects related to obstructive sleep apnea-hypopnea syndrome (OSAHS

    Directory of Open Access Journals (Sweden)

    Franklin Escobar-Córdoba

    2017-08-01

    Full Text Available Sleep apnea and excessive daytime sleepiness (EDS represent a major risk when developing working activities, especially those that are considered dangerous and involve legal responsibility, including handling public transport vehicles, cargo and heavy machinery. Shift work and sleep deprivation are also causes of increased work-related accidents; this risk increases when workers and their families do not understand the real dimension of this type of work life and, therefore, are not responsible for their health. Some authors think that sleep apnea and EDS are public health issues due to their high prevalence and economic burden. It is important that the Colombian State regulates, on the one hand, aspects of legal responsibility of patients who carry out hazardous tasks and are affected by this disease and specific symptoms and, on the other hand, the occupational conditions of the workers who work shifts and whose health is affected.

  5. Legal aspects concerning the requirement for completion of the backend of the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Strassburg, W. Dr.

    1987-01-01

    Most european states are forced by their political institutions, parliaments or governments to establish integrated programmes about the recycling and safe disposal of all kinds of radioactive materials resulting from the application of nuclear energy. A proper solution is not an option as on other continents, but an obligation, due to environmental and economical reasons. First, I will outline the ''Fuel Management Concept'' in the Federal Republic of Germany, than, I will say something about the institutional responsibilities, the package deal clause and the actual practice of management and disposal. We will look into the legal aspects of the atomic energy act, the hazard protection and precaution, the administrative requirements, the discretionary rules of law and some undefined legal conceptions, the practice of public licencing, the advanced public participation and the immediate effectiveness as the substance of my reflections. Finally there shall be some closing remarks on assessing the German fuel management concept

  6. [Legal aspects of delegation and reorganisation of medical services in the psychiatric field].

    Science.gov (United States)

    Jordan, Wolfgang; Adler, Lothar; Bleich, Stefan; Cohrs, Stefan; von Einsiedel, Regina; Falkai, Peter; Grosskopf, Volker; Hauth, Iris; Steiner, Johann

    2011-11-01

    Current psychiatric-psychotherapeutic in-patient care takes place in an area of tension between increasing treatment requirements and the persistent lack of qualified staff. The optimisation of the diagnostic-therapeutic procedures in a clinic helps to reduce existing care deficits or to generate resources for future developments. The subject of delegation and substitution of medical services is considered in this context. Inadequate knowledge of the legal situation on the part of the decision makers impairs the indispensable trustful cooperation among the professions and adds to the uncertainty of all those concerned. The present paper outlines the legal, organisational and health policy aspects of delegation and the reorganisation of medical activities in the field of psychiatry. © Georg Thieme Verlag KG Stuttgart · New York.

  7. Selected legal aspects of traumatism and the education system of workers

    Energy Technology Data Exchange (ETDEWEB)

    Latman, A.M. (Shakhta No 3 Velikomostovskaya (USSR))

    1990-08-01

    Analyzes legal aspects of responsibility for accidents in underground coal mines in the USSR. The existing system of classification of types of coal miner occupations (the EKTS job description system) introduces an excessively large number of occupational groups. Each group knows only one type of operation (e.g. only operations of a driver of a shearer loader, or control of powered supports at a longwall face). When a driver of a shearer loader advances powered supports and an accident occurs he has an automatic legal responsibility as he has performed operations exceeding his job description. The same situation occurs if a supervisor instructs a coal miner to participate in an emergency rescue operation which exceeds the standard job description of a miner. Such a system is found to be irrational; introducing changes in the system of job descriptions for coal miners in the USSR is recommended.

  8. Legal aspects of the use of radiography in N.S.W

    International Nuclear Information System (INIS)

    Dawes, W.D.

    1981-01-01

    Legal aspects related to the use of irradiating apparatus and radioactive substances in New South Wales, Australia, are covered. The Radioactive Substances Act is in essence an occupational health and safety legislation. The Act, regulations, administration of the Act, the powers of inspectors appointed to implement the requirements of the Act and licensing procedures are discussed. It is the intention of the review to show the destructive effects of radiation prior to the introduction of acceptable limits of exposure and control by way of legislation

  9. The Social Security Reform And Its Legal, Social And Economic Aspects

    Directory of Open Access Journals (Sweden)

    Rubiane Galiotto

    2016-12-01

    Full Text Available This study aims to analyze the relationship between Reclusion-Aid and the application of the Principle of Equality through the analytical-deductive method with the analysis of doctrinal and legal aspects on the subject. The legislation after the Constitutional Amendment nº 20/1998 foresees a low-income requirement for granting Reclusion-Aid. Therefore, the benefit harms the Principle of Equality since it ensures the Pension Benefit only to the families with low-income. Before such discrimination, the families of policyholders inmates who received value greater than the stipulated in law are left helpless.

  10. Earth observation space programmes, SAFISY activities, strategies of international organisations, legal aspects. Volume 3

    International Nuclear Information System (INIS)

    1992-01-01

    This volume is separated in four sessions. First part is on earth observation space programmes (international earth observation projects and international collaboration, the ERS-1, SPOT and PRIRODA programmes, the first ESA earth observation polar platform and its payload, the future earth observation remote sensing techniques and concepts). The second part is on SAFISY activities (ISY programmes, education and applications, demonstrations and outreach projects). The third part is on programme and strategies of international organisations with respect to earth observation from space. The fourth part is on legal aspects of the use of satellite remote sensing data in Europe. (A.B.). refs., figs., tabs

  11. Accounting and Legal Aspects regarding the Online Romanian Crowdfunding Platforms` Operations

    Directory of Open Access Journals (Sweden)

    Cristina Nicolaescu

    2016-01-01

    Full Text Available The present paper aims to detail the law and the accounting aspects related to the platforms of participative funding running. Even if, the crowdfunding, as a funding method, is internationally used more and more often and for a certain period of time, it represents a new concept in Romania. In principle, the crowd funding or the participative funding, as the term has been assumed in Romania, represents the funding of a project elaborated by an individual or by a legal entity, by any interested person. The operations unfold using online platforms, which connect the investors and the projects’ developers, requesting a commission in exchange for this service.

  12. THE LEGAL ASPECTS OF THE MOBBING IN THE REPUBLIC OF MACEDONIA

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    Andon Majhosev

    2014-07-01

    Full Text Available Workplace mobbing as a form of psychological terrorism in the Republic of Macedonia is relatively new phenomenon which in the last decade is causing huge attention in the legal theory and practice. The problem with mobbing has also become an object of interest of the Macedonian’s trade union since they have seen the danger which this unwanted phenomenon causes in the work environment. That is why the trade union, especially the most numerous and the most representative ones in this country, the Federation of trade unions in Macedonia, has taken initiative to introduce a legislative to protect the workers from harassment in the work place in order to prevent psychological terrorism of the employees, as well as protect the workers from this negative phenomenon. This initiative resulted with the adoption of a special law on 29.05.2013. In this paper we are going to try to analyze the legal framework of the protection from psychological harassment in the work place (mobbing in the Republic of Macedonia, in terms of the rights, obligations and responsibilities of the employers and employees regarding the prevention of psychological harassment in the work place, as well as measures and procedures for the protection from psychological harassment in the work place of the employer and the proceedings. While analyzing the legal aspects of the psychological harassment we are going to stay focused in the Labor law and Law on Protection from Harassment in the Workplace.

  13. Health Care Professionals’ Knowledge and Attitudes About Sexually Transmitted Diseases and Legal Aspects of Medical Services

    Directory of Open Access Journals (Sweden)

    Akpak Yaşam Kemal

    2016-01-01

    Full Text Available Objective: This study aims to investigate healthcare professionals’ (HCPs general level of knowledge about sexually transmitted diseases, their attitudes towards these patients and legal aspects of medical services. Materials and Methods: This was a multi-centered study. The participants were given 28 questions that mainly asked their level of knowledge on sexually transmitted diseases (STDs patients, their attitudes towards such patients, and their legal as well as ethical views on them. Results: A total of 234 HCPs, 124 (53% female and 110 (47% male, participated in the study. The majority of married HCPs have reported monogamy as the most reliable protection method, whereas single participants have marked "condoms." The most commonly known STD has been reported as AIDS in all groups. Even though HCPs find it medically unethical not to offer a medical intervention to patients with STDs, more than one-third of the participants believe that HCPs should have the right not to do so. Conclusion: It has been concluded that HCPs need further education on STDs. Nevertheless, such high level of care and attention on HCPs’ part does not necessarily decrease their need for proper medico legal regulations on such issues.

  14. Legal and medical aspects of the ethics committee’s work relating to abortion

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

    Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

  15. Legal and regulatory aspects of prescribing and marketing emergency contraception in Nigeria.

    Science.gov (United States)

    Adekunle, A O; Babarinsa, I A; Akinyemi, Z; Okediran, A Y

    2001-01-01

    Emergency contraception remains so little used or understood and the lack of its awareness can be traced to a myriad of factors including legal and regulatory obstacles. The aim of this study was to determine the legal and regulatory aspects of dispensing or marketing a contraceptive method for reasons (especially emergency purposes) other than stated by the manufacturers. The existing drugs' and devices' regulatory systems in Nigeria, especially those governing family planning methods, were reviewed. A questionnaire was administered to 363 health workers, comprising of physicians, pharmacists, nurses and midwives, to determine the implications of dispensing some currently available oral contraceptives (OCs) for emergency purposes despite the fact that there is no explicit description of emergency use in the labelling of such drugs. In addition, in-depth interviews were conducted with regulatory bodies. It was observed that, with the exception of Postinor, the drug manufacturers' leaflets did not indicate that they could be used for emergency contraceptive purposes. Although 64.5% of the healthcare providers were aware that OCs and intrauterine contraceptive devices (IUCDs) can be used for emergency purposes, 42.1% actually prescribed or recommended them. Many health workers (62.3%) were unaware of any legal implication with regards to prescribing unregistered drugs in Nigeria. The existing guidelines stipulate that a manufacturer or marketer should 're-register' a product if a new indication or use not contained in the initial application was found later. To satisfy legal requirements, it does appear that the currently available OCs and IUCDs in Nigeria must be labelled and registered for emergency contraceptive purposes.

  16. Procedural aspects of healthcare quality control in Latvia and its effect on legal protection of patients

    Directory of Open Access Journals (Sweden)

    Liepins A.

    2018-01-01

    Full Text Available According to the European Commission data, 8–12% of patients cared for in hospitals throughout the European Union have suffered accidents related to the healthcare provided for them. The Directive 2011/24/EU of the European Parliament and Council of 9th March 2011 on the application of patients’ rights in cross-border healthcare provides that the Member States shouldensurethat patients have easily accessible and transparent appeal procedures and mechanisms that provide possibilities for legal remedies in cases of inflicted harm during medical treatment according to regulations of the respective Member State. Healthcare quality control mechanisms are intended for two major purposes: to identify accidents that have occurred during medical treatment and to prevent similar accidents from reoccurring in the future. The aim of this article is to evaluate, firstly, the procedural aspects of healthcare quality control mechanisms in Latvia and, secondly, how healthcare quality control mechanisms have been affected with the implementation of the Directive 2011/24/EU in Latvian legal order, providing for a specific legal remedy – the newly created Medical risk fund. Conclusions are made on the procedural nature of the patients’ right to submit complaints and also the developments in Latvian court practice related to the healthcare quality control. The authors have also analysed regulations related to the Medical risk fund, its influence on the civil liability mechanisms of medical practitioners, as well as the patient’s right to obtainjust compensation for the harm inflicted to his health and the legal nature of opinions of the Health Inspectorate of Latvia.

  17. Gender characteristics of legal conscience in internal affairs agencies staff

    Directory of Open Access Journals (Sweden)

    Kuznetsova O.V.

    2016-06-01

    Full Text Available This article presents the empirical research results of the level of legal conscience forming in law enforcement officials. The study of gender specifics of personnel is now becoming more and more relevant due to a constant increase in the number of women entering the Ministry of Internal Affairs service. The study involved 160 male and 120 female staff members. Analysis of the results revealed a general legal conscience trend typical for male and female employees which manifests in a high level of legal knowledge, adequate understanding of group relativity of moral and ethical norms, civic un-engagement and disinterest to leadership role. This trend reflects a certain viewpoint when human rights are considered to include only freedom, independence and personal self-assertion without responsibility and civic duties. It was found that female employees have higher level of legal conscience forming than male employees. This led to the conclusion of a high-availability of female employees to comply with legal regulations and requirements.

  18. Some legal aspects on high level radioactive waste disposal in Japan

    International Nuclear Information System (INIS)

    Tanabe, Tomoyuki

    1997-01-01

    In Japan, it is considered to be an urgent problem to prepare the system for the research and execution of high level radioactive waste disposal. Under what regulation scheme the disposal should be done has not been sufficiently examined. In this research, the examination was carried out on the legal aspects of high level radioactive waste disposal as follows. First, the current legislation on the disposal in Japan was analyzed, and it was made clear that high level radioactive waste disposal has not been stipulated clearly. Next, on the legal choices which are conceivable on the way the legislation for high level radioactive waste disposal should be, from the aspects of applying the law on regulating nuclear reactors and others, applying the law on nuclear power damage reparation, and industrialization by changing the government ordinances, those were arranged in six choices, and the examination was carried out for each choice from the viewpoints of the relation with the base stipulation for waste-burying business, the speciality of high level radioactive waste disposal as compared with other actions of nuclear power business, the coordination with existing nuclear power of nuclear power business, the coordination with existing nuclear power law system and the formation of national consensus. In this research, it was shown that the execution of high level radioactive waste disposal as the business based on the separate legislation is the realistic choice. (K.I.)

  19. Basics of Swiss water levy politics - Legal aspects; Grundlagen Wasserzinspolitik. Rechtliche Ueberlegungen - Schlussbericht

    Energy Technology Data Exchange (ETDEWEB)

    Leimbacher, J.

    2008-10-15

    This comprehensive final report for the Swiss Federal Office of Energy (SFOE) takes a look at the legal aspects involved in setting up the basics for the definition of the interest to be levied on water commodities. This levy is raised in Switzerland on the use of water and represents the payment made to a commune for the use of its water resources. The original aims of the levy, to encourage the use of water resources, are noted. Limits on the height of the levy and the definition and adjustment of the maximum rate by government are discussed. Various legal aspects are examined and the fact that the levy must be economically reasonable and economically acceptable is discussed. Various pragmatic approaches to being able to adjust or index the levy are discussed. The introduction of an additional levy to cover the storage of water is discussed, as is the definition of the part use of the proceeds to provide funding for the high-voltage electricity grid, for example. The history of the levy and various political initiatives are noted and even the abolition of the levy is discussed.

  20. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

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    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  1. Aspectos legales relacionados con las úlceras por presión Legal aspects related to pressure ulcers

    Directory of Open Access Journals (Sweden)

    J. Javier Soldevilla Agreda

    2006-12-01

    hace años" en España. Finalmente la exposición pormenorizada y comentada de los pronunciamientos judiciales de los casos relacionados con estas lesiones de los últimos años, permiten concluir que, a pesar del creciente número de sentencias que hacen mención a las UPP, son simbólicas las que con rotundidad pronuncian como causa de éstas una deficiencia en los cuidados, negligencia o mala praxis y llama la atención las raquíticas condenas e indemnizaciones. Tal vez el mismo e histórico espíritu de devaluación de estas lesiones, presente en ámbitos profesionales y en la sociedad en general, se ha trasladado a la judicatura, especialmente de la mano de peritos y/o forenses, no alcanzando a cifrar la dimensión real del problema (pérdida de salud y calidad de vida y las fatales consecuencias de las UPP (incluida la muerte por esa causa y olvidando que son previsibles casi en la totalidad de las situaciones.Over the past few years, Spain has been experiencing a significant increase in questionable health care practices. During the long process which aims to dismiss pressure ulcer (PU as a banal, especially inevitable process due to being closely related to old age and terminal illness, it is becoming apparent that patients and their families are now reacting, complaining and suing for lack of prevention or inadequate treatment, something that has already been happening for years in other countries with similar cultural and economic characteristics. A revision on the impact and the way the pressure ulcer issue is being legally dealt with in our surrounding countries (United Kingdom, United States, Germany... from the point of view of penal law, civil law or through disciplinary procedures, has made a very noticeable difference in the way professionals, institutions and people behave with regards to this subject. With an entirely instructive purpose, the legal configuration of our country's health care practice is described, as well as the types of liability

  2. Legal and economic aspects of contracts of insurance of crops and yields against drought

    Directory of Open Access Journals (Sweden)

    Veselinović Janko P.

    2016-01-01

    Full Text Available The contract of insurance of crops and yields against drought is based on the risk of decrease of precipitation in comparison with an earlier relevant period. The authors analysed the specificities of the case of draught risk, but also other regulations characteristic of this contractual relationship, both from the economic and the legal point of view. The paper also treats the position of contractual parties in this contractual relationship, partly arising from the monopolising position of the insuring organisation. That part also analyses the contract freedom that is endangered due to unequal positions of contractual parties. Special attention is paid to legal sources, especially the general and special conditions of insurance organisations, seeing as they are the main source of law, as there is a lack of legal regulation of this field. The number of Serbian insurance organisations that offer this type of insurance is extremely low, as well as the percentage of insurance against this risk. The authors analyse the reasons for which this type of insurance is underdeveloped in Serbia, as well as the consequences of such a state to a safe agricultural production. The paper also covers the topic of the role of legislators and the state in general, in terms of regulation of certain elements of this contractual relation, but also in terms of state incentives that would contribute to a higher percentage of insured agricultural areas. This would reduce the uncertainty and the damage suffered by agricultural producers due to increasing weather fluctuations. Taking into account the inadequate legal and economic tradition, education in this field would represent a significant contribution to the development of this kind of insurance. The authors analyse the difference between the contracts of insurance of crops and yields against drought and the weather derivative contracts, which can be traded on the stock market.

  3. The legal aspects of expedited partner therapy practice: do state laws and policies really matter?

    Science.gov (United States)

    Cramer, Ryan; Leichliter, Jami S; Stenger, Mark R; Loosier, Penny S; Slive, Lauren

    2013-08-01

    Expedited partner therapy (EPT) is a potential partner treatment strategy. Significant efforts have been devoted to policies intended to facilitate its practice. However, few studies have attempted to evaluate these policies. We used data on interviewed gonorrhea cases from 12 sites in the STD Surveillance Network in 2010 (n = 3404). Patients reported whether they had received EPT. We coded state laws relevant to EPT for gonorrhea using Westlaw legal research database and the general legal status of EPT in STD Surveillance Network sites from Centers for Disease Control and Prevention's Web site in 2010. We also coded policy statements by medical and other boards. We used χ tests to compare receipt of EPT by legal/policy variables, patient characteristics, and provider type. Variables significant at P < 0.10 in bivariate analyses were included in a logistic regression model. Overall, 9.5% of 2564 interviewed patients with gonorrhea reported receiving EPT for their partners. Receipt of EPT was significantly higher where laws and policies authorizing EPT existed. Where EPT laws for gonorrhea existed and EPT was permissible, 13.3% of patients reported receiving EPT as compared with 5.4% where there were no EPT laws and EPT was permissible, and 1.0% where there were no EPT laws and EPT was potentially allowable (P < 0.01). Expedited partner therapy was higher where professional boards had policy statements supporting EPT (P < 0.01). Receipt of EPT did not differ by most patient characteristics or provider type. Policy-related findings were similar in adjusted analyses. Expedited partner therapy laws and policies were associated with higher reports of receipt of EPT among interviewed gonorrhea cases.

  4. Social and legal aspects of marriage in women with mental illness in India.

    Science.gov (United States)

    Sharma, Indira; Tripathi, C B; Pathak, Abhishek

    2015-07-01

    The institution of marriage in Hindus is regulated by the prevailing social norms and the Hindu Marriage Act (HMA), 1955. Married women with mental illness are heavily discriminated. This paper examines the social and legal aspects of Hindu marriage in women with mental illness. The HMA, 1955 lays down the conditions for a Hindu marriage and also provides matrimonial reliefs: Nullity of marriage, restitution of conjugal rights, judicial separation and divorce. The application of the provisions of HMA in the setting mental illness is difficult and challenging. There is a wide gap between the legislative provisions of HMA, and societal value systems and attitudes towards marriage in Indian society. Societal norms are powerful and often override the legal provisions. The disparities are most glaring in the setting of mental illness in women. This is a reflection of social stigma for mental illness and patriarchal attitude towards women. Concerted efforts are needed to bridge the gap between the legislative provisions of HMA and societal value systems and attitudes toward marriage. Awareness programs regarding the nature and types of mental illness, advances in treatment and information about good outcome of severe mental illness will be helpful. Improvement in moral and religious values will overcome to some extent the negative attitudes and patriarchal mind set toward married women with mental illness.

  5. Personalized Medicine in a New Genomic Era: Ethical and Legal Aspects.

    Science.gov (United States)

    Shoaib, Maria; Rameez, Mansoor Ali Merchant; Hussain, Syed Ather; Madadin, Mohammed; Menezes, Ritesh G

    2017-08-01

    The genome of two completely unrelated individuals is quite similar apart from minor variations called single nucleotide polymorphisms which contribute to the uniqueness of each and every person. These single nucleotide polymorphisms are of great interest clinically as they are useful in figuring out the susceptibility of certain individuals to particular diseases and for recognizing varied responses to pharmacological interventions. This gives rise to the idea of 'personalized medicine' as an exciting new therapeutic science in this genomic era. Personalized medicine suggests a unique treatment strategy based on an individual's genetic make-up. Its key principles revolve around applied pharmaco-genomics, pharmaco-kinetics and pharmaco-proteomics. Herein, the ethical and legal aspects of personalized medicine in a new genomic era are briefly addressed. The ultimate goal is to comprehensively recognize all relevant forms of genetic variation in each individual and be able to interpret this information in a clinically meaningful manner within the ambit of ethical and legal considerations. The authors of this article firmly believe that personalized medicine has the potential to revolutionize the current landscape of medicine as it makes its way into clinical practice.

  6. Accidents at work in the health care - legal aspects in Poland.

    Science.gov (United States)

    Szereda, Kamil; Szymańska, Jolanta

    2016-01-01

    An accident at work is a sudden event caused by external circumstances that occurred in relation to work. Referring to the current legislation, the Supreme Court judgments and the opinions contained in publications, the authors discuss the legal aspects of selected accidents: needle stick injuries, cuts with other sharp tools, heart attacks and strokes among health professionals and social workers in Poland. It has been stressed that defining rigid criteria that allow for stating unequivocal work - accidents relationships would be difficult or even impossible. Especially in the case of medical personnel the long-term and negative impact of stress on health is significant, and thus the occurrence of work accidents - heart attack or stroke. © 2016 MEDPRESS.

  7. Decommissioning and dismantling of nuclear facilities - economic, legal, and political aspects. Proceedings

    International Nuclear Information System (INIS)

    1996-01-01

    In contrast to the approaches taken in other countries, in Germany the licensing regime as well as the political attitude foster a tendency to rather delay decommissioning, which in the end entails unproportionally high costs. This is why the conference focuses on the economic, legal and political aspects of nuclear facility decommissioning and their relevance to the site regions and the near-site environment and population. The conference is intended to provide a forum for learning from the information and experience available at the national, European and international level, in order to identify required policy and action planning leading to improvements in the future. The conference was concluded with a visit of the nuclear facilities at Greifswald. (orig./DG)

  8. Vegetable Charcoal and Pyroligneous Acid: Technological, Economical and Legal Aspects of its Production and Commerce

    Directory of Open Access Journals (Sweden)

    Doriana Daroit

    2013-04-01

    Full Text Available The production of vegetable charcoal generates atmospheric emissions, which can be controlled by the instalation of collectors for the condensation of such emissions, forming the pyroligneous acid. The development of collectors for the condensations and characterization of the acid for commerce can contribute with the local sustainable development. This study intends to investigate the technological, economical and legal aspects of the production and commerce of the pyroligneous acid. The chosen method was case study in Presidente Lucena/RS, Brazil, with use of surveys, interviews with producers and responsible government sectors’ representatives. The results indicate that the pyroligneous acid extraction technique is little-known and little used by the producers, that the current market does not absorb the pyroligneous acid offering and the ruling is not relevant.

  9. Different Legal Classification of Crimes Regarding Sexual Life vs. Uniform Interpretation and Implementation. Comparative Aspects of the New Criminal Code

    Directory of Open Access Journals (Sweden)

    Mihail-Silviu Pocora

    2010-06-01

    Full Text Available Sexual freedom, being one of the individual freedom, is protected by law whenever is violated and no matter what way take place, but controversy and lack of unanimous interpretation occur once the legal status of infrinfed rule and therefore the individual sentence. In this sense, we tried to highlight some aspects regards to the legal boundaries classification, and the new elements brought by the new Criminal code.

  10. Discussing Future Goals and Legal Aspects of Health Care: Essential Steps in Transitioning Youth to Adult-Oriented Care.

    Science.gov (United States)

    Davidson, Lynn F; Doyle, Maya; Silver, Ellen J

    2017-09-01

    Discussing realistic future goals with the adolescent alone and with family, and reviewing legal aspects of health care transition (HCT), are essential steps in the transition from pediatric to adult-oriented care. Secondary analysis of datasets from 2 studies related to HCT assessed differences in provider practice for youth with and without special health care needs (SHCNs). Across both datasets, between 57% and 68.6% of providers reported some discussion of future goals with adolescent or with family. However, only 28.6% to 31% of providers reported discussing future goals with youth with SHCNs alone. It was rare for providers to report discussing legal aspects of HCT with any youth. Findings identify a gap in discussing future goals and legal aspects of HCT, as part of routine care for adolescents. Additional research to understand barriers and improve likelihood of these steps within HCT is needed.

  11. Financial and Legal Characteristics of Cross-Jurisdictional Shared Service Agreements Between Local Public Health Agencies.

    Science.gov (United States)

    Watts, Theresa; Zahner, Susan; Mrochek, Tracy

    Cross-jurisdictional sharing is a resource management strategy increasingly being used by local health departments to provide essential and mandated public health services. Cross-jurisdictional shared service agreements (CJSSAs) are the legal documents that govern cross-jurisdictional sharing arrangements. Information on the financial and legal characteristics of CJSSAs is limited. This study described the financial and legal elements of a set of formal, written CJSSAs in one state to offer guidance to practitioners on how to structure the financial and legal elements in CJSSAs. CJSSAs, which included a written statement about the financial commitment governed by the agreement (n = 63), were analyzed. Data collection occurred through 2 structured data extraction tools and structured telephone interviews conducted with local and tribal health department directors. Descriptive statistics of all variables and a single predictor linear regression were performed. The higher population partner to the CJSSA more often provided the public health service and received payment (n = 41; 65%). Financial statements were found to vary by CJSSA characteristic. CJSSAs were more likely to be legally complete when a legal counsel was involved in creating them (odds ratio = 2.74; 95% confidence interval, 2.19-3.29; P ≤ .001). Yet, only 2 (3%) of the CJSSAs described all the legal elements and were considered legally complete. Clearly identifying and including necessary fiscal and legal elements when creating and managing CJSSAs may strengthen agreements and reduce local health department legal and fiscal vulnerabilities. Local health department capacity for planning, coordination, budgeting, management, and evaluation is essential when creating CJSSA. Careful consideration of cost-sharing and consulting with legal counsel could strengthen the CJSSA.

  12. Characteristics of private abortion services in Mexico City after legalization.

    Science.gov (United States)

    Schiavon, Raffaela; Collado, Maria Elena; Troncoso, Erika; Soto Sánchez, José Ezequiel; Zorrilla, Gabriela Otero; Palermo, Tia

    2010-11-01

    In 2007, first trimester abortion was legalized in Mexico City, and the public sector rapidly expanded its abortion services. In 2008, to obtain information on the effect of the law on private sector abortion services, we interviewed 135 physicians working in private clinics, located through an exhaustive search. A large majority of the clinics offered a range of reproductive health services, including abortions. Over 70% still used dilatation and curettage (D&C); less than a third offered vacuum aspiration or medical abortion. The average number of abortions per facility was only three per month; few reported more than 10 abortions monthly. More than 90% said they had been offering abortion services for less than 20 months. Many women are still accessing abortion services privately, despite the availability of free or low-cost services at public facilities. However, the continuing use of D&C, high fees (mean of $157-505), poor pain management practices, unnecessary use of ultrasound, general anaesthesia and overnight stays, indicate that private sector abortion services are expensive and far from optimal. Now that abortions are legal, these results highlight the need for private abortion providers to be trained in recommended abortion methods and quality of private abortion care improved. Copyright © 2010 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  13. Sex trade, social and legal aspect of the phenomena and the Albanian criminal legislation provisions

    Directory of Open Access Journals (Sweden)

    Aurela Bozo

    2015-01-01

    Full Text Available The purpose of this paper is to analyse the effects of Article 113 of the Albanian Criminal Code on women. This article appears to be gender neutral, but it’s enforcement affects women disproportionately and face them with forms of indirect gender discrimination. Through monitoring of Tirana Judicial District Court’s decisions, with object article 113 of the ACC, “Prostitution”, for a four year period from 2010 through 2013 and interviews with women who have exercised prostitution, there are brought in attention the profiles of the individuals who exercise prostitution and also social aspects of this phenomena. The hypothesis raised in this paper is that the profile of an individual who exercises prostitution is a vulnerable woman, with low education, unemployed, with low income, who is faced with family and social problems. This paper analyses the relation between the social aspects and legal dynamics of article 113 of ACC. The changes of 2012 introduced in the article 113 of the ACC brought sanctions for persons who buy the service of prostitution reflecting the process of social changes and understanding of gender equality. The issue of the next steps to address this phenomenon is analysed in this article too.

  14. Problems of linguistic discrimination in the communicative space of Tajikistan: legal, sociolinguistic and educational aspects

    Directory of Open Access Journals (Sweden)

    Diloro Iskandarova

    2017-11-01

    Full Text Available Although it is disregarded and banned, a person can be discriminated in the society according to various attributes – due to the person's language, religion, nationality, social background. The problem touches upon not only individuals but minorities as well. Almost all states have one or several groups – minorities – that differ from the main population in ethnic, linguistic or religious lines. Most international treaties on human rights contain anti-discriminatory provisions. In addition to the main rights of the freedom of conscience, thought and associations, the principal legal guarantees for each representative of minorities consist in being treated equally by the law and courts and in equal protection of laws. The paper studies the problems of legal, sociolinguistic and educational basis of linguistic discrimination in the communicative space of Tajikistan. Linguistic discrimination and political correctness are closely connected with the language policy of the state. With exoglossic linguistic situation being characteristic for Tajikistan arises a need to study the questions related to linguistic discrimination. This will allow making certain adjustments to language building and harmonizing the ethnic and interethnic interests on the basis of a balanced and scientifically justified language policy.

  15. The Economic-Managerial Substantiation of Quality through the Prism of the Philosophical-Legal Aspects

    Directory of Open Access Journals (Sweden)

    Beztelesna Liudmyla I.

    2017-11-01

    Full Text Available The article is aimed at studying the theoretical foundations of origin and use of the concept of «quality» in the economic environment. The evolution of the concept of «quality» was researched, as a result it was found that the term «quality» has both objective (measurable and computational and subjective (measurable only individually characteristics. Systematization in relation to the concept of «quality» is carried out both at the macro level – through development of the whole of normative-legal acts, and at the micro level – when the enterprises choose their own management strategies. The assessment of the legal interpretation of the category of «quality» in the article allowed to assert that the key is the Law of Ukraine «On protection of consumer rights», but in their activity domestic enterprises in parallel apply the standards of DSTU ISO of the Series 9000, the use of which is a kind of evidence of the reliability of a business partner. Evidence of the quality of each individual product or service is compliance with certain industry standards.

  16. Legal versus illegal U.S. immigration and source country characteristics.

    Science.gov (United States)

    Bratsberg, B

    1995-01-01

    "Based on micro data from the Immigration and Naturalization Service (INS) on legal immigrants as well as on legalization applications that followed the passage of IRCA [the Immigration Reform and Control Act of 1986], this study exploits the variation in legal and illegal immigration flows across seventy source countries to examine the sensitivity of immigration flows to underlying source country characteristics. The study finds that earnings in the source country and the distance from the United States form significant deterrents of both legal and illegal immigration flows. We also find that illegal immigration is more sensitive to such factors than is legal immigration." The impact of the North American Free Trade Agreement on U.S. immigration from Mexico is also assessed. excerpt

  17. Medico legal and epidemiological aspects of femicide in a judicial district of north eastern Italy.

    Science.gov (United States)

    Moreschi, Carlo; Da Broi, Ugo; Zamai, Valentina; Palese, Francesca

    2016-04-01

    Femicide is the intentional killing of a woman because she is female, and often occurs when there are pre-existing relations, intimate or otherwise, between the victim and the murderer. A retrospective epidemiological study was made of 34 female homicides recorded in a university departmental register of post-mortems, pertaining to a judicial district of about 700,000 inhabitants in north eastern Italy, during a 21-year period from January 1st 1993 to December 31st 2013. The temporal trend, the socio-demographic characteristics of victims and perpetrators, the circumstances surrounding the crime and the risk factors for femicide were studied with the aim of identifying and developing preventive strategies. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  18. Regulatory and legal aspects in industrial mining industries; Aspectos legais e regulatorios em empresas minero-industriais

    Energy Technology Data Exchange (ETDEWEB)

    Magalhaes, Maisa Haiidamus

    2016-07-01

    The regulation between the Brazilian Nuclear Energy Commission - CNEN performance and the mineral industries that produces NORM is presented. Besides the legal aspects, some comments from the point of view of the supervisory and licensing body about their performance in the radiation protection area are pointed out.

  19. Legal and ethical aspects of organ donation after euthanasia in Belgium and the Netherlands.

    Science.gov (United States)

    Bollen, Jan; Ten Hoopen, Rankie; Ysebaert, Dirk; van Mook, Walther; van Heurn, Ernst

    2016-08-01

    Organ donation after euthanasia has been performed more than 40 times in Belgium and the Netherlands together. Preliminary results of procedures that have been performed until now demonstrate that this leads to good medical results in the recipient of the organs. Several legal aspects could be changed to further facilitate the combination of organ donation and euthanasia. On the ethical side, several controversies remain, giving rise to an ongoing, but necessary and useful debate. Further experiences will clarify whether both procedures should be strictly separated and whether the dead donor rule should be strictly applied. Opinions still differ on whether the patient's physician should address the possibility of organ donation after euthanasia, which laws should be adapted and which preparatory acts should be performed. These and other procedural issues potentially conflict with the patient's request for organ donation or the circumstances in which euthanasia (without subsequent organ donation) traditionally occurs. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  20. Legal aspects of civil and religious freedoms of the Jewish community in this region

    Directory of Open Access Journals (Sweden)

    Lazić Željko

    2015-01-01

    Full Text Available This doctoral thesis analyzes the legal aspects of civil and religious freedoms of members of the Jewish community by examining the constitutional provisions, legislative acts and regulations governing these matters in our region. The subject matter of analysis is the position of the Jewish community in the Principality of Serbia and the Kingdom of Serbia, as well as in the Kingdom of SCS and the Kingdom of Yugoslavia. In addition to the constitutional provisions which guaranteed the rights of the Jewish community and other communities, the paper focuses on the legislative acts which were productive for the Jewish community as well as on the ordinances and decrees which substantially restricted the rights of the Jews in these territories. In particular, there is a specific reference to the legislative provisions, regulations and orders instituted after the occupation of the Kingdom of Yugoslavia. These measures led to an absolute violation of the Jews' civil rights, which were practically non-existent at the time.

  1. Analysis of legal and economic aspects of precipitation weather derivatives for Serbian agricultural sector

    Directory of Open Access Journals (Sweden)

    Veselinović Janko

    2014-01-01

    Full Text Available Weather derivatives are not present in Serbia nor in the neighbouring countries and have no significant application in the European Union, either. Weather derivatives originated in the USA, where the market for these instruments is most developed, in terms of both economy and law. However, positive effects of their application, through the decrease of influence of unfavourable weather conditions on agricultural crops, are a good basis for their further study. The most common reasons for their absence from our financial market are their complexity and the inexistence of prerequisites for their introduction. This paper analyses legal and economic aspects of weather derivatives, as forms of financial derivatives, as well as weather derivative contracts concluded with the aim of hedging against precipitation exposure. The goal of the analysis is to find an optimal contract structure, but also the conditions that have to be met in order for its signing to be economically justified for both contractual parties, as well as the creation of preconditions for this weather derivative contract to be the instrument of trade on the financial market. The paper also analyses normative frameworks for the conclusion of these derivative contracts, as well as the necessity to educate market participants, which refers both to agricultural producers and financial institutions. Furthermore, it emphasizes the difference in relation to the classical contract of insurance against drought risk.

  2. Legal aspects of national implementation of the Chemical Weapons Convention transfer provisions

    International Nuclear Information System (INIS)

    1995-01-01

    The author discusses legal aspects of implementing the Chemical Weapons Convention's (CWC's) export and import provisions. These implementing measures are universal, applying not only to the few States Parties that will declare and destroy chemical weapons, but also to the many States Parties that have never had a chemical weapons program. This new need for national measures to implement multilateral arms control agreements has generated unease due to a perception that implementation may be burdensome and at odds with national law. In 1993, concerns arose that the complexity of integrating the treaty with national law would cause each nation to effectuate the Convention without regard to what other nations were doing, thereby engendering significant disparities in implementation steps among States Parties. As a result, the author and his colleagues prepared the Manual for National Implementation of the Chemical Weapons Convention. The Manual tries to increase understanding of the Convention by identifying its obligations and suggesting methods of meeting them. Here the author discusses progress among several States in actually developing implementing measures for the Convention's transfer requirements. CWC legislation from australia, Germany, Norway, South Africa, and Sweden were available at this writing in English through the Provisional Technical Secretariat. Of course, it is important to note that this brief survey necessarily omitted examination of the existing background of other, related domestic laws that these signatories might also have adopted that affect CWC implementation

  3. Post-2012 climate change agreement - Fitting commitments by cities. Political, economic, technical and legal aspects

    International Nuclear Information System (INIS)

    Lefevre, B.; Wemaere, M.

    2009-01-01

    There is a growing awareness of the crucial role that urban territories must and can play in reducing greenhouse gas emissions, along with a growing power of a lobby dedicated to supporting the voices of urban territories vis-a-vis national states. The local level of organization and policy is relevant for two main reasons: density and spatial organization are key factors that influence energy consumption in transport and building; some of the major potentials for emission abatement need local coordination to overcome transaction costs. 'Engage, Empower and Resource': this formula, forged during the C40 Seoul Summit (May 2009), calls for clear and quantified commitments with a timetable for delivery; additional power and competencies for cities to increase their capacity to act; and substantial financial resources. Road-Map: This paper identifies key elements that need to be taken into account when developing a road-map that seeks empowerment of local governments in the UN post-2012 framework. It explores political, economic, technical and legal aspects, along with respective main issues to be addressed. (authors)

  4. Dying to starve: A comparative analysis of legal aspects relating to ...

    African Journals Online (AJOL)

    The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is to clarify legal issues of consent and self-determination, with regard to both adult and minor patients. In addition, the ...

  5. [Epidemioclinical and legal aspects and cost management of sexual abuse among minors in Dakar, Senegal].

    Science.gov (United States)

    Cisse, C T; Niang, M M; Sy, A K; Faye, E H O; Moreau, J-C

    2015-11-01

    Specify epidemioclinical and legal aspects of sexual abuse among minors and evaluate the cost of care in Dakar. This is a retrospective multicenter cross-sectional study on sexual abuse among minors over a period of four years from 1st January 2006 to 31st December 2009. Four maternities were targeted: the Social Hygiene Institute of Medina, health center Roi-Baudouin Guédiawaye, the Pikine hospital and health center Youssou-Mbargane-Diop of Rufisque. During the study period, 252 child victims of sexual abuse were supported at four health facilities on a total of 272 sexual abuses of all ages, a frequency of 92.64%. The epidemiological profile of our patients was a child of 11 years old on average, female (100%) and living in the suburbs of Dakar (68.1%). Children were often abused during working hours (31.7%), outside the family environment and often by someone known to the victim (72.6%). Genito-genital contact was the most common mode of sexual contact (80.9%) with vaginal penetration in 61% of cases. Almost all of the victims (92.1%) came to consult, accompanied by their parents, between the 1st and 4th day after the sexual abuse (70%). The examination usually revealed a hymenal trauma (59.9%) of which nearly half (49%) consisted of old lesions. 56.9% of victims had a post-traumatic stress disorder and 31.1%, mutism. We recorded six (6) pregnancies, 2% of our sample. A case of HIV infection was recorded on a sample taken 72hours after sexual abuse. Control of three months HIV serology was requested in 7.1% of cases and only 20% of children had received antiretroviral prophylaxis. Antibiotic prophylaxis had been performed in 13.7% of cases using doxycycline as drug of choice (75%). Only 29% of our patients had received emergency contraception progestin and psychological care concerned only 22% of children. On the legal aspects, 46% of our patients had filed a complaint. Prosecutions were 38%, 45% of which were convicted and 21% were acquitted. The rate of

  6. Euthanasia and assisted suicide: comparison of legal aspects in Switzerland and other countries.

    Science.gov (United States)

    Burkhardt, S; La Harpe, R; Harding, T W; Sobel, J

    2006-10-01

    The purpose of this paper is to present the legal aspects associated with assisted suicide in Switzerland and compare them with those in other countries. Like euthanasia, assisted suicide is a subject that induces much discussion in many countries. While the law is very liberal in some countries, such as Belgium and the Netherlands (where both euthanasia and assisted suicide take place), these practices are very controversial in other countries, such as France, where they remain taboo subjects. In the United States of America, the laws concerning assisted suicide can differ greatly from one state to another. For example, in Oregon, assisted suicide is allowed if applied by a medical doctor; in others, this act is illegal. In Canada, it is punishable according to the Criminal Code. In Switzerland euthanasia is punishable by law. However, the penal code does not condemn assisted suicide, whether carried out by a medical doctor or another person, provided it is not carried out through selfish motives. The application of these practices has become simplified in recent years and societies for the right to die with dignity based on this principle have come into being (Exit and Dignitas). In the French- and German-speaking parts of Switzerland the association Exit assists individuals living in Switzerland with serious progressive and incurable disease in their engagement to end their life. The association Dignitas, in the German-speaking part of Switzerland, also undertakes--in the same circumstances--to assist individuals coming from foreign countries. Dignitas welcomes several such individuals every year, especially from Germany, where a similar approach does not currently exist.

  7. Technical, Legal, Economic and Social Aspects of Biometrics for Cloud Computing

    Directory of Open Access Journals (Sweden)

    Jernej Bule

    2014-12-01

    Full Text Available This article addresses technical, legal, economic and social aspects of biometrics for cloud computing, featuring application example, gains of such solution, current laws, directives and legislation for biometrics and cloud computing. It is primarily based on Slovenian example due to  common  general  EU  legislation  in  the  field  of  cloud  computing  and  biometrics. Authentication  on  the  Internet  is  still  mainly  done  using  passwords,  while  biometrics  is practically  not  used.  It  is  commonly  known  that  everything  is  moving  to  the  cloud  and biometrics is not an exception. Amount of biometric data is expected to grow significantly over the next few years and only cloud computing is possible to process such amounts of data. Due to these facts and increasing security needs, we propose and implement the use of biometry as a service in the cloud. A challenge regarding the use of biometric solutions in the cloud is the protection of the privacy of individuals and their personal data. In Slovenia privacy legislation is very strong, it permits usage of biometrics only for very specific reasons, but we predict that big players on the market will change this fact globally. One of the important reasons for that is also the fact that biometrics for cloud computing provides some strong benefits and economic incentives. Proper deployment can provide significant savings. Such solutions could improve people’s quality of life in terms of social development, especially in sense of more convenient, safer and reliable identification over multiple government and non-government services.

  8. LEGAL ASPECTS OF A MANAGEMENT OF INFRASTRUCTURE PUBLIC INVESTMENTS IN REGIONS. DILEMMAS OF THE SOCIO-ECONOMIC DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    Eryk Kosiński

    2014-09-01

    Full Text Available This article provides for an analysis of legal aspects of certain particular investment processes within technical infrastructure in the Polish regions (voivodeships, but in the counties and communes as well. Those mentioned investments are undertaken in the areas of roads, railroads, airports and telecommunication. The impact of the investments is crucial in terms of the socio-economic development of the modern state and society. All dilemmas in terms of the mentioned investments’ management are related to legal regulations imposed by the state. It is noteworthy that those special regulations are aimed at organising the investment process in an efficient and adequately speedy way. Those regulations provide for a broad legal environment of business within the infrastructure investments. All of those regulations are necessary in order to push the continuous progress of the Polish regions targeting at reacting the level of socio-economic development of the so-called western countries (old, early members of the EU.

  9. Aspectos ético legales del trasplante de corazón Ethical and legal aspects of heart transplant

    Directory of Open Access Journals (Sweden)

    Fernán del C Mendoza

    2007-12-01

    Full Text Available El trasplante cardiaco constituye el tratamiento de elección para los pacientes en falla cardiaca refractaria. Desde el punto de vista médico, existen claras indicaciones para realizar el trasplante, pero a nivel local y mundial hay problemas por el escaso número de donantes. Para que se realice un trasplante de corazón, el donante debe reunir criterios de muerte encefálica, la cual se diagnostica por ausencia irreversible de las funciones del tallo encefálico, determinadas por un examen clínico. A pesar de las controversias que existen acerca de cuándo muere una persona, cada vez hay más claridad en este hecho. Existen otros problemas bioéticos que se relacionan con el trasplante como la donación (algunas personas en vida manifiestan su voluntad y autonomía de servir como donantes y otras no, la distribución de órganos y el comercio de órganos y tejidos. Desde el punto de vista legal y ético, se prohíbe la gratificación o pago al donante vivo, a la familia del donante fallecido, al banco de tejidos o de médula ósea, a las clínicas y hospitales, y a las aseguradoras por la donación o suministro de órganos o tejidos humanos. La promoción de la donación y la obtención de componentes anatómicos deberán efectuarse denotando su carácter voluntario, altruista y desinteresado. Debe primar el principio de justicia y excluirse cualquier consideración no equitativa de índole geográfica, racial, sexual, religiosa, etc. Los órganos deben distribuirse con base en criterios médicos; así mismo debe buscarse la más idónea utilización del órgano donado, teniendo como fundamento el manejo equitativo y como principio el respeto por la vida y la dignidad humana.Cardiac transplant is the treatment of choice for patients with refractory cardiac failure. There are clear indications from the medical point of view to perform the transplant, but locally and world - wide there are problems due to the scarce number of donors. In order

  10. Analysis Of The Notion Of Decent Work In Its Conceptual, Terminological And Legal Aspects

    Directory of Open Access Journals (Sweden)

    Vanessa Vieira Pessanha

    2016-12-01

    Full Text Available The present article deals with the notion of decent work, especially in the conceptual, terminological and legal perspectives, analyzing its scope, its relevance for the realization of the dignity of the human person and how the legal set contemplates and stimulates its practical verification. The objective is to develop a more detailed appreciation of the meaning created by the International Labor Organization, understanding peculiarities and delimiting the application in the legal world. The research is qualitative, with method of bibliographical revision, listing directly related documents (national and international norms and consulting other sources (official websites and dictionaries.

  11. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1991-01-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor) the author examines the legal aspects of public participation in the administrative procedures of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. (orig./HP) [de

  12. The Availability And Legal Aspects of the Fresh Water Management in Brazil: A Path to Reach the 2030 Agenda

    OpenAIRE

    Fontes Filho, Cláudio Barbosa; Anjos, Ester Dorcas Ferreira dos

    2016-01-01

    This research has as object of analysis the availability and the aspects of water management in Brazil. The 2030 Agenda corresponds the set of programs, actions and policies that will guide the UN work and its member countries towards a sustainable development. This study is justified by the society and environment changes, which affect the relation between human being and water. This research intends to verify if the legal management instruments contemplated by our legislation meet the goals...

  13. Public Administration Theoretical Aspects Disputes in Legal Science of the Second Half of XX – Early XXI Centuries

    OpenAIRE

    Ol'ga D. Karnaukh

    2013-01-01

    The article is focused on comparative aspect of different approaches to the “public administration” notion in the legal science of the second half of the XX – early XXI centuries. The author came to a conclusion that the study of many pre-revolutionary, Soviet and modern scientists’ views of the problem of public administration notion definition, its structure, functional orientation and territory administration features allows to conclude that different approaches to its understanding, devel...

  14. Evaluation of legal aspects of activities involving radiations: proposal for a new legislation

    International Nuclear Information System (INIS)

    Borges, Jose C.

    1997-01-01

    The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs

  15. ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

    Directory of Open Access Journals (Sweden)

    Elena Isac

    2010-09-01

    Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.

  16. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  17. [Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

    Science.gov (United States)

    Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

    2012-01-01

    The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

  18. Legal, administrative and financial aspects of long term management of radioactive waste

    International Nuclear Information System (INIS)

    Strohl, Pierre.

    1978-01-01

    Radioactive waste management raises technical, political and legal problems. The technical question covers mainly choice of the method and the location for waste disposal or storage: seabed, geologic formations or a disposal facility. The political problem is mainly acceptability by the public of decisions taken or planned by the competent authority. Finally, the legal frame is an important factor in the definition of long-term control. The institutional system to be created requires political consensus and an efficient and credible technique so as to be successful. (NEA) [fr

  19. Mali Financial Sector Assessment Program : Legal and Judicial Aspects of the Credit Environment

    OpenAIRE

    World Bank

    2015-01-01

    A country’s legal and judicial environment can help or hinder access to credit. In addition to the banking law governing the organization of the sector, the operations of credit institutions are subject to several laws. Four components of Malian business law are particularly relevant in assessing the position of creditors, the law on secured transactions, the law on collective proceedings,...

  20. Ethico-legal aspects of hospital-based blood transfusion practice ...

    African Journals Online (AJOL)

    McRoy

    2014-12-31

    Dec 31, 2014 ... the ethical and legal issues related to hospital-based blood transfusion practice for medical practitioner. Methods: Relevant articles .... A review of the ethical responsibilities of medical practitioners in hospital-based blood ... individuals, governments, faith-based and non- governmental organizations (NGO).

  1. Medico-legal aspects of sleep disorders: sleepiness and civil liability.

    Science.gov (United States)

    Ellis, Elizabeth; Grunstein, Ronald R.

    2001-02-01

    Excessive sleepiness is associated with motor vehicle accidents and is responsible for enormous social and financial loss. The specific legal obligations for an individual with a sleep disorder, their employer and those health care practitioners associated with that individual are reviewed. Although there are related implications within the criminal law and in particular criminal negligence, the arguments developed in this paper will be largely confined to the context of the civil liability. The legal concepts of foreseeability and proximity are discussed in the context of sleep-related accidents. The reasoning of a recent Australian High Court judgement is discussed in view of the differences in legal and medical opinion on the extent of foreseeability of accidents as a result of sleepiness. Many countries have legislation designed to protect employees from injury at work and to protect the general public from injury. What is not clear is the extent to which an employer will be required to accept liability for an employee's sleepiness and the duty to monitor the health of their employees. Factors which influence this liability include: the extent to which the implications of the condition is known and understood generally; the extent to which the condition is suspected or identified in an individual employee; the extent of a proper screening and treatment program and the way in which risk management programs have been implemented. Although the issue of sleepiness and civil liability is examined from an Australian legal context, the principles have direct relevance to other legal systems. The authors highlight the degree of uncertainty provided by the common law and statutory provisions, and that decisions rest on the balance of public interests, which mean that many of the current dilemmas facing practitioners may only be solved in the courts.

  2. [Medico-social legislation of Ukraine: organizational-legal aspects of management in the sphere of community health care (current state, problems and perspectives)].

    Science.gov (United States)

    Poliachenko, Iu V; Dynnik, O B; Kishinets, E D; Zalesskiĭ, V N

    2004-12-01

    The authors analyzed organizational-legal aspects of management in the sphere of community health care. The foundation of medical-legal base of public health is substantiated in the article. It enables to form new mechanisms aimed at improvement of medical care, creation of data-analytical system, unification of health care and diagnostics standards.

  3. Legal Aspects of Regulating Lobbying in the United States of America and Canada

    Directory of Open Access Journals (Sweden)

    Elena A. Kremyanskaya

    2014-01-01

    Full Text Available The author reviews history and peculiarities of the legal regulations of lobbying in USA and Canada, points out the tendencies of the legislation development. USA and Canada are among the first countries, which included legal regulations on the lobbying relations in the state government. The author explores the evolution of development of the lobbying legislation in the USA, and in particular reviews the Foreign Agents Registration Act of 1938, Federal Regulation of Lobbying Act of 1976, Lobbying Disclosure Act of 1995, as well as evolution of the Canadian legislation, where the Act on Lobbying of 1989 is in force, which had substantial changes during the last ten years. Taking into consideration the territorial form of state, the author reviews not only the federal legislation, but also laws on the level of states and provinces of these federations. Besides, the author covers the activity of the control bodies, order of registration and reporting by lobbyists of their professional activity, reveals pro and cons of the legal regulations of such institution as lobbying. In the article there is the list of information, which should be provided by lobbyists to the control bodies and the author correctly mentions that this list in USA is much wider, comparing to Canadian regulations. In the article the author reviews the liability for violations of lobbying legislation. In particular, in the USA the criminal liability is applied up to 5 years of imprisonment and financial penalties up to 200 thousand US dollars. Based on the USA and Canada experience the author reveals the key issues, which should be fixed by the legal regulations in the country and in particular: the clear definition of the lobbying and lobbyist, necessity of disclosure on the information about client and amounts paid, fixing in the control mechanisms and liability.

  4. Public administration of processes for supporting of inner ecology safety in Ukraine: organizational and legal aspect

    Directory of Open Access Journals (Sweden)

    Y. О. Romanenko

    2016-03-01

    Full Text Available The paper studied the legal framework that regulates social relations in the field of internal environmental safety and provides a unified state policy and the exercise of powers by the authorities at all levels. Thus, in the legal field there are the gaps on many issues that are important in solving the tasks, including the powers and responsibilities of the various subjects of law in an extreme situation, as well as management and leadership of emergency rescue activity and other urgent works in disaster areas. It is established that to increase the state’s role in protecting the population from emergency situations of natural character, it is necessary to achieve a qualitative change in the legal status of government, the formation of relevant legislation and conduct regulation. In general, the process of regulation in addressing the problems of population protection from emergency situations of different nature must be carry out through the systematization of the national, regional and local levels regulations that are relevant to the issues of prevention and liquidation of emergency situations; also we must eliminate inconsistencies in current legislation and coordinate the national legislation with international. Based on analysis of existing and unresolved problems of internal environmental safety it is necessity to implement new mechanisms of state influence to prevent environmental degradation, the use of methods and means of protecting the population from current anthropogenic influences; reorganization of the territory, defining the boundaries of zones of sanitary, medical and sanitary survey of the population; ensuring internal environmental safety is realized with the help of legal, operational and rescue, functional and territorial public administration practices; the use of multi-state management controls that are able to simultaneously influence the situation in the sphere of nature.

  5. Legal aspects of counteracting the trafficking of falsified medicines in the european union.

    Science.gov (United States)

    Pashkov, Vitalii; Soloviov, Aleksey; Olefir, Andrii

    The paper identifies key risks associated with the illegal production and sale of medicines. Also there were generalized features of criminal responsibility for acts related to the trafficking of drugs in some Member States of the EU and analyzed legal means of combating the falsified drugs today. The problem concerning falsification of medicines is particularly acute not only in developing countries but also in developed ones. Fake is one in ten - twenty drug. The largest share of falsified drugs comes from the so-called «Asian tigers», already from which they come to the EU market. In this publication authors have set following objectives: - to determine the risks associated with illegal production and sale of medicines; - organize legal means of combating the falsified medicines in the EU member states; - clarify features of criminal responsibility for acts related to the trafficking of drugs in the EU countries. The article bases on the works of scholars and experts, statistical information and other sources. Particular attention is paid to the analysis of regulations of the EU institutions and national criminal laws. So, provisions of the criminal codes of 10 EU member states were taken into account. There is a system of legal measures which counter the circulation of falsified medicines in the EU and consists of general and specific regulatory requirements, mainly of economic and legal nature. The most important role among the last play package labeling requirements for drugs and license conditions. In the article were discussed factors that stimulate the production and sale of falsified drugs and the risks associated with these. Demarcated the concept of «falsified medicinal product», «counterfeit drug», «substandard drug». Although there are guidelines for patients to identify falsified drugs, still a major role in this process should play public authorities and enterprises. In all the countries illegal circulation of falsified drugs is prohibited

  6. Gender Inequality in the Croatian Labour Market - Legal and Economic Aspects

    OpenAIRE

    Ivana Barkovic; Mario Vinkovic

    2006-01-01

    The normative analysis of solutions contained in the Croatian labor-regulative system prima facie does not find flagrant deficiences of legal provisions or their significant discrepancies from comparative national systems of European states or international labour standards, but anti-discrimination measures in the conditions of inadequate level of court protection and ineffi ciency of labour inspectors in protecting substance rights often result in further refl ections of discrimination arisi...

  7. Legal aspects of the maritime transport of radioactive materials: its regulation in Mexico

    International Nuclear Information System (INIS)

    Aguilar M, S.

    2001-01-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is applied to the transport of radioactive materials. Finally, the chapter 5 analyses and poses the requirements and necessities which lead Mexico to legislate broadly the transport of radioactive materials taking as basis International instruments from which the state is part also from some other agreements is analysed its adhesion to them. (Author)

  8. Legal aspects of unitization: a comparative approach; Aspectos juridicos da unitizacao: uma abordagem comparativa

    Energy Technology Data Exchange (ETDEWEB)

    Cunha, Amanda L. [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The objective of this paper is the study of unitization under a comparative approach between the legal system of some of the most important countries in mature production of oil and gas as well of those which represent the new frontier in exploration and production of these natural resources, and also the provisions regarding unitization in the Brazil's legal system. Firstly, concepts and classifications about unitization, the historical context related to it, and the different doctrines regarding unitization will be analyzed. This analysis will be done considering the concepts developed by American jurisprudence, since it was in the United States where the first thesis regarding unitization were developed, such as the rule of capture and the correlative rights doctrines. Afterwards, it will be presented a study of some unitization's provisions found in different countries' statutes, regulations and contracts such as leases, production sharing agreements, concession contracts etc., being pointed the similarities and differences related to Brazil's legal system. Finally, the national legislation in force as well the Model Concession Contract of ANP's Sixth Round will be analyzed. (author)

  9. Medico-legal aspects of congenital heart diseases in buying and selling of pets

    Directory of Open Access Journals (Sweden)

    Annamaria Passantino

    2017-01-01

    Full Text Available Aim: The veterinarian should be able to assess congenital and inherited malformations such as heart defects because they may be object of legal disputes. In this study, the authors report some cases of congenital heart defects in pets (dogs and cats to clarify whether or not they may be considered a redhibitory defect. Materials and Methods: A total of 28 medical records of pets referred with suspected congenital heart disease were examined. All patients aged between 3 and 24 months underwent clinical examination, chest X-ray examination, electrocardiogram, and echocardiography and angiocardiography when necessary. Results: Congenital heart diseases or associated cardiac malformations were confirmed. Considering the above congenital diseases as redhibitory defect and the rights of the owners from a strictly legal viewpoint, 9 owners demanded an estimatory action and 11 a redhibitory action; 1 owner decided to demand the reimbursement of veterinary expenses because the animal died; 7 owners took no legal action but requested surgical intervention. Conclusions: Until more appropriate and detailed legislation on the buying and selling of pet animals is put in place; the authors propose to include in the contract a temporal extension of the guarantee relating to congenital heart disease, which can often become evident later.

  10. Political and legal aspects of the protection of national minorities in Ukraine

    Directory of Open Access Journals (Sweden)

    Oleksandra V. Fedun

    2016-01-01

    Full Text Available The article deals with the research of basic categories of the rights of national minorities that reside on the territory of Ukraine. Moreover, political and legal principles as well as legislative sources for securing these rights at the state level in accordance with the international legal standards are analyzed. The peculiarities of Ukraine’s cooperation with international organisations and neighboring countries in the field of protection the rights of national minorities and regulation of interethnic relations are investigated. In Ukraine the guarantees and protection of the rights of national minorities at the legislative level comply with the world and European standards. The system of state administration bodies in the field of interethnic relations has been established but there are still some problems that need to be resolved on the Parliamentary level as well as on the level of executive agencies and local authorities. At the current stage it is necessary to adopt the law on «The Concept of National Ethnic Policy of Ukraine». Also, the political and legal status of indigenous peoples should be defined especially Crimean Tatars, deported ethnic minorities and some ethnographic groups of the Ukrainian ethnos. In addition, it is important to establish an effective mechanism for realization of the rights of national minorities in Ukraine and to ensure monitoring of the observance of these rights. Implementation of the appropriate measures would facilitate the prevention of confrontation in the Ukrainian society on the ethnic and political as well as language grounds. It would also promote the prevention of aggravation of interethnic relations and would ensure the formation of public tolerance to persons belonging to national minorities.

  11. Legal aspects of administrating antipsychotic medications to jail and prison inmates.

    Science.gov (United States)

    Dlugacz, Henry; Wimmer, Christopher

    2013-01-01

    The administration of antipsychotic medications to jail and prison inmates involves two related components: conducting the informed consent process in a coercive environment and, where consent is not obtained, forcible administration of medication if needed. In the United States, both involve common law, statutory, and constitutional principles. Obtaining informed consent in correctional institutions is complicated. Patients in correctional institutions lack access to alternate sources of information, and depend on the correctional system completely - a system which they may distrust. This may influence the patient's view of the administering physician. Where consent cannot be obtained, forcible administration may be legally permissible for two primary reasons: to restore a criminal defendant to competency in order to stand trial and to ameliorate severe symptoms of mental disability, particularly when they threaten the safety of self, others, or in some instances, property. The interests at stake for the individual and the government, and the legal standards developed to balance these interests, differ between the two situations. When considering challenges to forcible medication of inmates serving a prison sentence, the United States Supreme Court has treated the interest of the institution in maintaining security as paramount. By contrast, when considering challenges to forcible medication of pretrial detainees, the Court's concern for the fair trial rights guaranteed by the Sixth Amendment has seemingly led it to moderate its emphasis on security. However, this distinction is not stable and may in fact be breaking down, as the recent case of Jared Loughner demonstrates. This article discusses the various federal, state, and international legal standards applicable to both informed consent and forcible medication, and their implementation in the correctional setting, focusing on issues related to the United States. Copyright © 2013 Elsevier Ltd. All rights

  12. Federal funds for the health sequelae of uranium mining. Legal and political aspects

    International Nuclear Information System (INIS)

    Breuer, J.

    1994-01-01

    The industrial safety and insurance associations (ISIA) have always pointed to the fact that occupational medecine services and entitled benefit payments are to be secured and continued for this group. Within the framework of the 1st Act on the Implementation of the programme for savings, consolidation and growth (1st SKWPG) the Federal Government has clearly regulated the responsiblilities of the ISIA's and the Federal Government relative to funding. The author highlights the political background and the legal bases for this act. (orig./HP) [de

  13. The legal, moral and ethical aspects and problems of perception of information

    Directory of Open Access Journals (Sweden)

    Алла Борисовна Денисова

    2012-12-01

    Full Text Available At the present time, when the profits from crimes by means of computer technologies, according to Interpol, in third place after the income of drugs traffickers and illegal arms suppliers, the company is aware that professionals in the field of information technology alone are not enough professional knowledge and skills. In order to prevent deviant behavior in cyberspace, and the correct address ethical issues that arise in their professional activities, legal and ethical regulation of social relations in the sphere of information technologies.

  14. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician].

    Science.gov (United States)

    Pauković, Hrvoje

    2008-01-01

    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

  15. The Use of Force in Modern Counter-Terrorism: International Legal and Political Aspects

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

    Full Text Available The paper reviews the recent practice of the use of military force in extraterritorial counter-terrorist operations. It argues that nowadays we're witnessing a new stage in the 'war on terror' that's still going on. Although the most of the modern counter-terrorist operations like, for example, the US-led coalition against ISIL in Iraq are being conducted at the request of the affected government, the major risks of expanding and misuse of the right on individual or collective self-defense enshrined in the UN Charter are still present. This can be illustrated by reference to the US air strikes on ISIL in Syria that have been undertaken without consent of Syrian government. But the challenges emerging from 'failed states' and rise of new more radical and militant terrorist movements (ISIL, Ash-Shabaab, Boko Haram and others change the perceptions of legality of extraterritorial counter-terrorist force. The approach which reaffirms responsibility of the state for suppressing terrorist groups operating from within its territory seems to become more and more acceptable. Accordingly, if the state can't suppress terrorist activity it should accept the counter-terrorist intervention on its territory. Nevertheless, jus in bello norms (first of all international humanitarian law remain stringent legal framework for actual use of counter-terrorist military force. The paper concludes that overall political legitimacy of the modern military counter-terrorist operations should be accessed in terms of their humanitarian impact and consequences.

  16. Legal aspects of the risks raised by nanotechnologies in the field of medicine.

    Science.gov (United States)

    Poirot-Mazères, Isabelle

    2011-01-01

    The major breakthroughs achieved in nanotechnologies open new avenues in the field of healthcare--aid to diagnosis, upgrading medical treatment efficacy, development of regenerative medicine--but they are also associated with risks, hence the increasing need of legislation. So far very little research work has been conducted on this technology whose applications are still limited and whose potential hazards are not yet clearly apprehended. The more and more frequent uses of nanoparticles in medical imaging and in current research projects dealing with tissue engineering or RFID raises the following question: is the current legislative framework relevant in light of the specificities of nano-objects? The challenge is twofold: the legal approach must encompass the nanometric element itself as a "legal object" but it must include the use of nanotechnologies and their final aims. There is still some degree of uncertainty concerning the innocuity of nanoparticles so that the use of nanoelements in aid to medical diagnosis and in clinical trials must take into account and anticipate the potential harmful effects on patients and on biomedical research teams. But due to the fact that a clear understanding of nanoparticles as specific objects with new features is still missing, the existing regulations on chemical substances, medicinal products, medical devices or cosmetics do not seem to be appropriate. So considering nanoparticles as "singular" legal objects is a prerequisite requiring an approach based on the precautionary principle. Misusing nanotechnologies in the medical field is also a cause for great concern. Threats on individual freedom and on private life as well as on human identity are real and they raise recurring questions. The possible deviations in the use of these techniques, the temptations to "trespass the limits" are also common to info technologies and to biotechnologies but the threats triggered by the nanotechnologies are enhanced by the

  17. The Russian oil industry and foreign investments: legal aspects and the problem of business risk

    International Nuclear Information System (INIS)

    Konoplyanik, A.A.

    1994-01-01

    Despite the considerable potential oil resources in Russia, oil production is currently falling to the extent where, if present trends continue, imports will be necessary in the next few years in order to meet domestic demand. Foreign investment could make an effective contribution to stabilizing the Russian oil industry. The large resource base, favourable production costs, highly skilled workers and the conversion potential of the former defence industries to oil and gas equipment, are considerable attractions for foreign investors. However, for the time being there are many obstacles and uncertainties for oil and gas investment. Among these are political instability, high taxation, export tariffs, the legal environment, bureaucratic difficulties over new project negotiation, and problems related to oil and gas transportation. Current legislative activities which may lead to a better investment environment are described. (UK)

  18. Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

    2010-01-01

    Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

  19. [Hunger striking in prisons: ethics and the ethical and legal aspects].

    Science.gov (United States)

    García-Guerrero, J

    2013-01-01

    Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  20. Legal aspects of Joint Pre-Commercial Procurements: from modeling to implementation

    CERN Multimedia

    CERN. Geneva

    2015-01-01

    The delivery of Information and Communication Technology (ICT) services is changing fundamentally. Cloud-based services are replacing traditional local - or on-premises - software and infrastructure installations for many public sector organisations. This applies to government but also to public research organisations, including libraries, which currently deal with the outburst of big data and the need for additional computing capacity. While technology service options continue to evolve, procurement processes and policies have remained firmly rooted in historical practices that are no longer effective. In order for public research organisations of all sizes to take advantage of the best solutions the market has to offer nowadays, a more flexible and agile procurement process must be created and implemented. The objective of this presentation is to review strategies and tips in order to help procurers implement and publish a Joint Pre-Commercial Procurement tender; including: General legal framework of PC...

  1. Privacy and data protection: Legal aspects in the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Nora Osmani

    2016-07-01

    Full Text Available The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools in order to achieve a balance between maintaining data integrity in the digital age and the use of modern technology. The paper discusses the meaning of “information privacy” in the age of big data, cyber threats and the domestic and international response to these issues. Special focus is dedicated to privacy policy enforcement in European Union Law. Having regard to the development of new technologies, prevailing data protection legislation may no longer be able to provide effective protection for individuals’ personal information. Therefore, existing laws should be continuously adapted to respond to new challenges and situations deriving from different online activities and communications.

  2. [Sociological, legal and theological aspects of selection for treatment in myelomeningocele (author's transl)].

    Science.gov (United States)

    Holschneider, A M

    1977-06-24

    The arbitrary and arrogant presumption to be entitled to select cases for treatment amongst severely handicapped children cannot be justified at all, either from the legal or the theological point of view. The idea of selection can only be explained on the basis of the discrepancy in modern medicine between being forced, on the one hand, to continue in the tradition of the great biological and technical discoveries of the past decodes and, on the other hand, not being able to solve important current problems such as the determination of the time of death, the beginning of life or the inability to influence or prevent congenital malformations. The doctor, however, is charged against all exhortations of social Darwinism by society to help his patient to the best of his knowledge and skill.

  3. Ireland and medical research with minors: some medico-legal aspects.

    Science.gov (United States)

    Sheikh, Asim A

    2008-07-01

    The practice of medical research with minors in Ireland consist of practices pertaining to therapeutic and non-therapeutic medical research. Clinical trials (a category of therapeutic research), is governed by legislation. However, any other therapeutic research (non-clinical trials research) and non-therapeutic research, e.g. observational medical research such as a longitudinal study of children or non-therapeutic research such as blood sample collection for analysis of cause of disease, are unregulated by legislation. This, article will outline and describe some of the medico-legal issues involved in both types of research and will comment on matters such as what national law exists, how the directive on good clinical practice has been implemented, what guidelines, if any, exist.

  4. Fees and penalties for use of the environment – financial and legal aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-09-01

    Full Text Available Fees and penalties for use of the environment, regulated by the Environmental Protection Act, are legal structures related with each other. These are the four basic fees (for the emission of gases or dust into the air, the discharge of sewage, for water drawing and for storage of waste, as well as increased fees and penalties. Fees and penalties for use of the environment are separate institutions in relation to other categories of public revenues (taxes, fees for services. These are the payments for use directly the components of the environment (e.g. air, water. They constitute public burden for the use of the environment, which the state legislature imposes on entities using the environment. Their aim is to limit the use of the natural environment and the accumulation of funds for financing the tasks in the area of environmental protection.

  5. Incorporating Knowledge of Legal and Ethical Aspects into Computing Curricula of South African Universities

    Science.gov (United States)

    Wayman, Ian; Kyobe, Michael

    2012-01-01

    As students in computing disciplines are introduced to modern information technologies, numerous unethical practices also escalate. With the increase in stringent legislations on use of IT, users of technology could easily be held liable for violation of this legislation. There is however lack of understanding of social aspects of computing, and…

  6. Participatory Water Management in Brazil: Legal, institutional and political aspects (1988 – 2008

    Directory of Open Access Journals (Sweden)

    Maria Gravina Ogata

    2014-07-01

    Full Text Available The article presents the results of a study that aims to understand and evaluate the performance of the water resources new public policy in Brazil, promulgated by the Federal Law Nº. 9,433, of 8 January 1997, in full observance by the Brazilian State Reform (1995. This policy brings significant innovations in water management, considered by the Federal Constitution of 1988 as a public good, under the control of the Union and the Federated States. The innovative aspect of this policy is the management system, provided by the National and State Water Resources Councils and Water Committees. Participatory management is based on the participation of representatives of Public Power, water users and civil society, who were listened in the interviews. This new policy has been built unevenly throughout the country and reflects the characteristics and peculiarities of each Brazilians region. Thus, the study examines regional experiences in the theoretical approach of concepts related to participatory management and multilevel water governance, with emphasis on the issue of Brazilian federalism. Civil society believes in this form of management of water resources and has high expectations that better results could be obtained with the strengthening of Brazilian democracy. The recovery of citizenship, the participation in the implementation of public policies, the quick deliberation on conflicts about the use of water have been the great gains that society has registered in favor of this new form of managing water resources. Este estudio analiza y evalúa la nueva política pública de recursos hídricos de Brasil, cuyo marco normativo es la Ley Federal nº 9.433, del 8 de enero de 1997, promulgada en pleno período de Reforma del Estado Brasileño (1995. Esta política trajo importantes innovaciones en la gestión del agua, considerada bien público bajo el control de la Unión y de los Estados Federados por la Constitución Federal de 1988. El aspecto

  7. Health care systems in Sweden and China: Legal and formal organisational aspects

    Directory of Open Access Journals (Sweden)

    Hjelm Katarina

    2010-06-01

    Full Text Available Abstract Background Sharing knowledge and experience internationally can provide valuable information, and comparative research can make an important contribution to knowledge about health care and cost-effective use of resources. Descriptions of the organisation of health care in different countries can be found, but no studies have specifically compared the legal and formal organisational systems in Sweden and China. Aim To describe and compare health care in Sweden and China with regard to legislation, organisation, and finance. Methods Literature reviews were carried out in Sweden and China to identify literature published from 1985 to 2008 using the same keywords. References in recent studies were scrutinized, national legislation and regulations and government reports were searched, and textbooks were searched manually. Results The health care systems in Sweden and China show dissimilarities in legislation, organisation, and finance. In Sweden there is one national law concerning health care while in China the law includes the "Hygienic Common Law" and the "Fundamental Health Law" which is under development. There is a tendency towards market-orientated solutions in both countries. Sweden has a well-developed primary health care system while the primary health care system in China is still under development and relies predominantly on hospital-based care concentrated in cities. Conclusion Despite dissimilarities in health care systems, Sweden and China have similar basic assumptions, i.e. to combine managerial-organisational efficiency with the humanitarian-egalitarian goals of health care, and both strive to provide better care for all.

  8. SOME LEGAL ASPECTS OF THE JUSTICE AGAINST SPONSORS OF TERRORISM ACT

    Directory of Open Access Journals (Sweden)

    W. Fahmy

    2017-01-01

    Full Text Available Following the lead of the U.S. Senate on May 17, 2016, the House of Representatives of the United States of America unanimously adopted the Justice Against Sponsors of Terrorism Act (JASTA, which will allow victims of terrorism to bring class actions against any state directly or indirectly involved in terrorist acts against American citizens. U.S. president Barack Obama attempted to impose his veto against this legislation, but was overridden by both houses in September, 2016. As a result, the Act entered into law, risking a real revolution in international law with potentially very serious political consequences.While it may be anticipated that those countries directly complicit in terrorism will see their assets – including their sovereign assets in the United States – seized to finance the compensation of the victims, such prosecutions will undoubtedly also involve European countries, many of which have themselves been targeted by terrorism. This is especially likely when their nationals are involved in terrorist acts.There is now a great risk that U.S. law will unilaterally modify several fundamental principles of international law, such as the sovereign immunity of states, creating genuine legal conflict in which victims of terrorism will seek redress from all states, including allied nations or countries that have themselves been victims of terror. 

  9. Old age as an "alternative" to illness: gerontological and medico-legal aspects.

    Science.gov (United States)

    Molinelli, Andrea; Viale, Laura; Landolfa, Maria Celeste; De Stefano, Francesco

    2011-04-01

    The current trend toward an ever increasing aging population forces society to face the problem of how to care for elderly people who are exposed to the risk of so-called "elder abuse," a phenomenon becoming increasingly widespread in Italy, as legislation does not provide a precise juridical definition of "elderly" nor does it provide for their specific protection. From a geriatric and medico-legal point of view, it is difficult to assess the cognitive performance of elderly individuals due to a number of factors, including the lack of evaluation tools with well-defined reference parameters for assessing decision-making capacities. Nonetheless, according to Italian penal code, abandoning a person incapable of self-support due to old age is considered a violation of the obligation of family assistance. Just as in the USA, which has instituted the Adult Protective Services, the Authors propose that the local health authorities provide help desks for the victims of elder abuse in Italy.

  10. Experimental liver fibrosis research: update on animal models, legal issues and translational aspects

    Science.gov (United States)

    2013-01-01

    Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743

  11. [Legal aspects of reuse and re-sterilization of disposable products in the hospital].

    Science.gov (United States)

    Bohle, T

    2000-06-01

    What consequences may follow if the hospital administration decides to introduce recycling and resterilisation of disposable medical products? While some consider the chief executive administrators and doctors to be seriously endangered by the legal implications of the German Medical Products Act (MPG), others consider recycling and resterilisation to be clearly admissible. A closer look at what constitutes an offence as described in sec. 43, para 1 No. 1 of the MPG reveals that mere presumptions do not suffice to incur the respective penalties; rather, a concrete, scientifically sound basis for assuming an endangerment of safety or health are required for penal measures to be justified. The manufacturer's designation "for once-only use" may not be considered "intended purpose" as stipulated in sec. 4, para 1 No. 1 of the MPG. If recycling or resterilisation be confined to self-made disposables, there is no necessity for CE marking. Information of the patient and individual documentation must be extended to cover the use of recycled or resterilised disposable products only if the use of the latter may constitute a significant additional danger to the patient.

  12. Medico legal aspects on neuromonitoring in thyroid surgery: informed consent on malpractice claims.

    Science.gov (United States)

    Demontis, R; Pittau, M R; Maturo, A; Petruzzo, P; Calò, G

    2017-01-01

    The purpose of this paper is to provide a forensic profile framework of neuromonitoring in thyroid surgery, regarding the information given to the patient and its classification as part of professional liability in the event of recurrent injury. Evaluation and reflections on the required behaviour of the surgeon on providing details on the operation before the informed consent is given and to outline the possible legal implications regarding professional liability as a result of recurrent injury. In particular, if it is an obligation to inform the patient about using this method and if it is possible for the surgeon to freely choose whether to employ this method, which is still burdened by a certain percentage of error and for that reason it cannot be defined a "standard of care". To recognize neuromonitoring the role of standard of care in surgery of the thyroid means attribute a role of method able to avoid the surgeon to cause iatrogenic damage to the laryngeal nerve. For the foregoing reasons that is not true, determining false positives and false negatives, and this can be a double edged sword for the surgeon. Although the progress in the field of thyroid surgery made in the last decade, currently there is no scientific reassuring evidence to completely avoid the possibility of producing an iatrogenic lesion of the laryngeal nerve. Information given to the patient prior to surgery should respect the requirements of completeness, freedom and honesty in order to allow the patient to self-determination.

  13. Consumers on the Internet: ethical and legal aspects of commercialization of personalized nutrition.

    Science.gov (United States)

    Ahlgren, Jennie; Nordgren, Anders; Perrudin, Maud; Ronteltap, Amber; Savigny, Jean; van Trijp, Hans; Nordström, Karin; Görman, Ulf

    2013-07-01

    Consumers often have a positive attitude to the option of receiving personalized nutrition advice based upon genetic testing, since the prospect of enhancing or maintaining one's health can be perceived as empowering. Current direct-to-consumer services over the Internet, however, suffer from a questionable level of truthfulness and consumer protection, in addition to an imbalance between far-reaching promises and contrasting disclaimers. Psychological and behavioral studies indicate that consumer acceptance of a new technology is primarily explained by the end user's rational and emotional interpretation as well as moral beliefs. Results from such studies indicate that personalized nutrition must create true value for the consumer. Also, the freedom to choose is crucial for consumer acceptance. From an ethical point of view, consumer protection is crucial, and caution must be exercised when putting nutrigenomic-based tests and advice services on the market. Current Internet offerings appear to reveal a need to further guaranty legal certainty by ensuring privacy, consumer protection and safety. Personalized nutrition services are on the borderline between nutrition and medicine. Current regulation of this area is incomplete and undergoing development. This situation entails the necessity for carefully assessing and developing existing rules that safeguard fundamental rights and data protection while taking into account the sensitivity of data, the risks posed by each step in their processing, and sufficient guarantees for consumers against potential misuse.

  14. The Neuroenhancement of Healthy Individuals Using tDCS: Some Ethical, Legal and Societal Aspects

    Directory of Open Access Journals (Sweden)

    Toni Pustovrh

    2014-10-01

    Full Text Available Over the past two decades there has been increasing scientific interest in Human Enhancement, that is, the possibilities of expanding and enhancing the capabilities of healthy individuals with direct technological interventions into the body. The (subfield of neuroenhancement, which explores attempts to technologically increase attention, memory, perception, learning and other cognitive capabilities, as well as alter mood and emotions, has become especially prominent. Recently, transcranial Direct Current Stimulation (tDCS has emerged as a possible method for enhancing cognitive abilities in healthy individuals. The article provides a short overview of the concept of neuroenhancement and of the cognitive enhancement effects that tDCS has demonstrated in the scientific literature. It further focuses on the (neuroethical, legal and societal implications of such a practice, and points out issues and questions that especially require further research and investigation, both from a neuroscientific and from a social sciences and humanities perspective. tDCS could become another addition to the increasing set of Human Enhancement Technologies, but it requires further rigorous studies and trials in order to properly assess its potential risks and benefits.

  15. Modern new nuclear fuel characteristics and radiation protection aspects.

    Science.gov (United States)

    Terry, Ian R

    2005-01-01

    The glut of fissile material from reprocessing plants and from the conclusion of the cold war has provided the opportunity to design new fuel types to beneficially dispose of such stocks by generating useful power. Thus, in addition to the normal reactor core complement of enriched uranium fuel assemblies, two other types are available on the world market. These are the ERU (enriched recycled uranium) and the MOX (mixed oxide) fuel assemblies. Framatome ANP produces ERU fuel assemblies by taking feed material from reprocessing facilities and blending this with highly enriched uranium from other sources. MOX fuel assemblies contain plutonium isotopes, thus exploiting the higher neutron yield of the plutonium fission process. This paper describes and evaluates the gamma, spontaneous and alpha reaction neutron source terms of these non-irradiated fuel assembly types by defining their nuclear characteristics. The dose rates which arise from these terms are provided along with an overview of radiation protection aspects for consideration in transporting and delivering such fuel assemblies to power generating utilities.

  16. Chelate forms of biometalls. Theoretical aspects of obtaining and characteristics

    Directory of Open Access Journals (Sweden)

    A. Kapustyan

    2017-04-01

    Full Text Available The problem of microelements bioavailability is highlighted and the correct ways of its solution are substantiated as a result of generalization of theoretical aspects of obtaining of the biometals chelate forms. The characteristics of the main biogenic elements, their physiological significance, electrochemical properties are presented. The main examples of the participation of biometals in various biological processes are given. The properties and the structure peculiarities of biometals coordination complexes are considered in detail. It is shown that in obtaining of biometals chelate forms, there is the mutual selectivity and the affinity of biometals and ligands. The main factors of obtaining a hard metal complex are given. Potential bioligands for obtaining bioavailable forms of microelements are detailed. Among them there are amino acids, peptides, proteins, nucleic acids, carbohydrates. The possible character of complexation depending on the nature of the bioligand is indicated. Practical examples of preparation of biometals mixed ligand complexes are given. The expediency of using metabolic products and processing of lactic acid bacteria as promising components of mixed ligand chelate complexes is substantiated. These substances contain in their composition a mass of potential donor atoms that are capable to form covalent and coordination bonds with biomethalles, and also possess high biological and immunotropic activities. The use of this system in the biocoordination compounds of the "metals of life" can provide a synergistic effect of the components, significantly to expand the range of their physiological activity and to increase the degree of assimilation by the body.

  17. The medico-legal aspects of road traffic deaths in children under 5 years of age.

    Science.gov (United States)

    Terranova, Claudio

    2015-11-01

    The family tragedy that results from a child who dies in a road traffic accident may be exacerbated by judicial consequences for the adult/parent driving the vehicle, carrying the child, or responsible for properly immobilising the child in the safety device that was used. The author presents two court cases of the road traffic accident deaths of two children under the age of five years. The two cases are presented using a methodological approach, which integrates competencies in other fields into the medico-legal aspects. An analysis of the two cases provides the opportunity to discuss the driver's responsibility to properly use child safety seat and to analyse and evaluate the efficacy and limits of child restraint systems. In the two cases, the responsibility for the application of a child safety device was excluded. It was confirmed that child protective devices are not always sufficient to avoid lesions or death in road accidents that occur with significant speed or other specific dynamics. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  18. Legal Framework and Mechanism of Marine Fisheries Subsidies in the Aspects of International Trade and Sustainable Development

    Directory of Open Access Journals (Sweden)

    Adijaya Yusuf

    2015-12-01

    Full Text Available Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982 has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in the Inland waters, archipelagic waters and the Territorial Sea. This article aims to examine the legal framework and mechanisms of fisheries subsidies in the aspects of trade and sustainable development. In this article, discussion would carried out in order to examine the legal framework and mechanisms of marine fisheries subsidies that are implemented with the principles of fair-trade and sustainable development, both in the international level, as well as in the national level. Thus, this research is expected to be able to bridge the interests of developed countries and developing countries, especially Indonesia, in order to achieve fair trade in the field of fisheries and resource utilization of sustainable fisheries.

  19. ETHICAL AND LEGAL ASPECTS OF FUNCTIONING OF ETHIC COMMITTEES IN BULGARIA

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-06-01

    Full Text Available Scientific research has to be based on ethical standards that promote the protection of human rights. On a national level, the domestic legislation of the Republic of Bulgaria foresees a procedure for obtaining an opinion from the Ethics Committee for Multicentre Trials in order to introduce a substantial change in a clinical trial and non-interventional study. The procedure aims to evaluate the compliance of the planned clinical trial with the norms of good clinical practice, the requirements of the Medicinal Products in Human Medicine Act. On European Union level, standards have been set down in Regulation (EC No. 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use. The licensing regime that has been introduced on a national level requires the performance of documentation evaluation that addresses a major change in a clinical trial and non-interventional research. Legal definitions of the terms "principal investigator" and "coordinating investigator" have been introduced. The "principal investigator" is the medical doctor or the dentist, designated by the sponsor, who leads the overall execution of the clinical trial in accordance with the approved protocol and good clinical practice guidelines and is responsible for the researchers. The "coordinating researcher" is a researcher appointed to coordinate researchers from different centres participating in a multicentre trial. Ethic committees performing review have to provide independent advice on the extent to which a biomedical research proposal complies with recognized ethical standards. Scientific research must necessarily conform to commonly accepted scientific principles and be based on thorough knowledge of scientific literature and other relevant sources of information.

  20. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

  1. Legal aspects of the association of overseas countries and territories with the European Union

    Directory of Open Access Journals (Sweden)

    Hruškovic Ivan

    2014-03-01

    Full Text Available This article is concerned with an issue in European law that is historically derived from the Treaty establishing the European Economic Community. The aim is to illuminate the functions and objectives of the European Union that correspond to the provisions of Part Four of the Treaty on the Functioning of the European Union - Association of the Overseas Countries and Territories. The basic provisions are laid down in the primary law of the European Union but there are also other documents and legislative acts that lay down more detailed provisions on the given issue and reveal a more complex perspective. The article focuses on the existing legislation regulating the association of overseas countries and territories with the Union. The author first draws attention to the key provisions of the Treaty establishing the EEC that define the purpose, objectives and fundamental principles applied between the Union and the overseas countries and territories. The main purpose of the article, however, is to analyse the current legal basis of association and to highlight the need for a new legislative framework of cooperation. New legislation should take into account not only the interests of the Union, but also the desire of the overseas countries and territories for a new quality of mutual cooperation. The author argues that the best way to improve the association mechanism based on the Lisbon Treaty is to modernise the Union’s existing secondary legislation in this area. In this regard the author analyses issues related to Council decision 2001/822/EC on the association of the overseas countries and territories with the European Community and the proposal for a Council decision (COM/2012/362 of 16 July, 2012.

  2. Legal culture: characteristics and specifics (on the example of contemporary Kazakhstan

    Directory of Open Access Journals (Sweden)

    G R Absattarov

    2014-12-01

    Full Text Available The article considers the legal culture as an ‘ideal phenomenon’ providing value meanings for the outlook of the Kazakhs and the basis for the development of the population legal consciousness. The author focuses on the national significance of the legal, civil society and the development of new legal social ideals, norms and rules, examines key problems and contradictions in the legal culture of today’s Kazakhstan.

  3. Roads Rehabilitation and Environment in Moldova: Some Legal and Normative Harmonization Aspects

    Directory of Open Access Journals (Sweden)

    Cocirta Petru

    2014-05-01

    Full Text Available This paper analyzes the environmental regulatory reforms of the Republic of Moldova to restore roads and problems over time. Goals and objectives are the analysis of the current situation on road rehabilitation and environmental assessments in this area, as well as issues that require in rehabilitation and maintenance of roads in the Republic of Moldova.Are described briefly: general aspects of road rehabilitation issues; legislation and environmental regulations in the road; differences between Moldova and procedures of the World Bank's environmental assessment in the construction and rehabilitation of roads; problem of national legislative and normative acts harmonization to international requirements.The paper discusses specific environmental to appear on completion of the rehabilitation of roads in the Republic of Moldova. In the final part of the paper presents the conclusions and some suggestions on how to facilitate the rehabilitation of roads in accordance with Agenda 21 of the country and European and international requirements.

  4. Some reflections on the formal legal aspect of the creation of non-agricultural cooperatives in Cuba, based on analysis of the Pinar del Río case

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

    Full Text Available This article begins with an exam of some general elements of the legal regulation of the process of constitution of the non agricultural cooperatives. Subsequently, it centers its attention in three fundamental aspects of the same one: the authorizations to constitute, the notarial writings of constitutions and the inscription in the mercantile registration. These analyses, of the way in which it has been regulated legally and developed the process of constitution of the non agricultural cooperatives in Pinegrove of the River, are guided to determine the juridical – formal aspects that requires improvement.Received: 31.05.2015Accepted: 30.07.2015

  5. The ergonomic and legal aspects of the heritage of the state of Pernambuco--Brazil.

    Science.gov (United States)

    de Jesus Pereira da Silva, Terezinha; Neto, Augusto Eugenio Paashaus

    2012-01-01

    This paper aims to demonstrate the situation of the buildings declared a historical landmark by the government spheres in the state of Pernambuco, and how they attend the norms of accessibility for those with special needs. The methodology of the research contemplated a sample of 46 heritage buildings, approximately 16% of the universe of properties, which are around 268. In turn, these were limited to Recife's Metropolitan Region Area - RMR comprising 30% of the 153 properties of the municipalities of: Cabo de Santo Agostinho, Igarassu, Itamaracá, Ipojuca, Jaboatão dos Guararapes, Moreno, Olinda, Paulista, Recife and São Lourenço da Mata. From the specific forms set up based on the theoretical reference, as well as graphics and photographic records were assessed the aspects of both internal and external accessibility, displacement, (visual) orientation, and the use of space and equipment. In the analysis of different types was assembled a summary table ranking the samples in accessible, partially accessible and not accessible. As general results were found that from the 46 properties examined, 2 (5%) are accessible, 16 (35%) are partially accessible and 28(60%) are not accessible. Such data, although sample, shows that the majority of heritage properties does not provide access to people physically disabled or with reduced mobility signaling for professionals, managers and society institutions on the need to reduce physical barriers in such heritage.

  6. The legal protections form emission under the aspect of section 364/2 ABGB of the Austrian Civil Law

    International Nuclear Information System (INIS)

    Woerndl, E.

    1991-05-01

    The legal protections from emissions caused by industries, car and public transportation traffic are one of the most important cases of defending real property. Due to the fact, that the mass media report international cases like 'Wackersdorf', there can be stated a general interest in the subject. Through section 364/2 of the 'Allgemeines Buergerliches Gesetzbuch' the Austrian Civil Law lifts its limits for property in consideration of emissions. The main reasons for the unsatisfying status quo must be related to the misinterpretation of imponderables as the key of emissions in section 364/2 ABGB. In fact section 364 lists a number of possible emissions, one of them considers sewage, which hardly can be declared as an imponderable one. This secures the position that all sorts of different kinds of emissions quoted in section 364/2 as far as 'others' gain civil presentation in case of infringing anybody's property. Another aspect must be referred to the influence of Public Law towards Civil Law and pollution control in particular: In Austria there exists a law (sections 47 and 56/1 Forstgesetz 1975) concerning the damage of forests (there to a great extent the interests of the state are touched because of the position as its land owner), where the legislator has no samples about determinating the terms - what the Civil Law calls 'customary in a place' to the extent of measurable damage. Due to this fact and in order to beware a homogenous legal order 'measurable damage' in general should substitute the inaccurate terms, that one has to relate to in use of section 364/2 ABGB. (author)

  7. Legal aspects relating to the captation and exploitation of groundwater in Spain; Aspectos legales a considerar en las obras de ejecuion, instalacion y puesta en servicio de las captaciones de agua subterranea en Espana

    Energy Technology Data Exchange (ETDEWEB)

    Garcia Ruiz, T.

    2007-07-01

    The legal aspects relating to the captation and exploitation of groundwater in Spain are very broad and are contained in a large number of provisions, which in many cases are presented in a piece-meal fashion, making it difficult its interpretation. In most cases, is the experience of professionals working in the area which is used to be knowing and synthesizing all the legal nuances, since often the own competent administrations have a biased approach of the law. This article presents a compendium of the main laws that affect the captation and exploitation of ground-water in Spain. (Author)

  8. Ethical, legal, and social aspects of farm animal cloning in the 6th Framework Programme for Research.

    Science.gov (United States)

    Claxton, John; Sachez, Elena; Matthiessen-Guyader, Line

    2004-01-01

    Cloned livestock have potential importance in the provision of improved medicine as well as in the development of livestock production. The public is, however, increasingly concerned about the social and ethical consequences of these advances in knowledge and techniques. There is unevenness throughout Europe in different Member States' attitudes to research into livestock cloning. Although there is EU legislation controlling the use of animals for research purposes, there is no legislation specifically governing cloning in livestock production. The main EU reference is the 9th Opinion of the European Group on Ethics, which states "Cloning of farm animals may prove to be of medical and agricultural as well as economic benefit. It is acceptable only when the aims and methods are ethically justified and when carried out under ethical conditions." The ethical justification includes the avoidance of suffering, the use of the 3Rs principle and a lack of better alternatives. The Commission addresses these issues in the 6th Framework Programme by promoting the integration of ethical, legal and social aspects in all proposals where they are relevant, by fostering ethical awareness and foresight in the proposals, by encouraging public dialogue, and by supporting specific actions to promote the debate. Research must respect fundamental ethical principles, including animal welfare requirements.

  9. Aspectos éticos y legales en los pacientes con trauma ocular Technical and legal aspects of the ocular trauma patients

    Directory of Open Access Journals (Sweden)

    Eduardo Ariel Ramos Gómez

    2012-01-01

    Full Text Available El traumatismo ocular, independientemente de la lateralidad, es considerado una de las entidades nosológicas frecuentes que conllevan a una rehabilitación visual. Las causas que provocan un traumatismo ocular son variadas y dentro de estas, las agresiones con intención de provocar daños con secuelas son una de las más frecuentes. Este aspecto trae consigo todo un proceso médico-legal, donde los principios éticos por parte de los facultativos deben estar bien establecidos. Es objetivo de esta revisión incentivar el buen accionar ético de todos los oftalmólogos en cuanto a la atención de estos pacientes, así como enfatizar en el adecuado manejo medico-legal implícito en este tipo de afección.Ocular trauma, regardless of laterality, is considered one of the common diseases entities that implies visual rehabilitation. The causes of eye injuries are varied. Assaults with intent to cause damage are the most common. This issue involves a medical-legal process where the ethical principles of the physicians must be well established. The objective of our article was to encourage good ethical actions of all ophthalmologists and to emphasize the proper medical-legal management involved in this type of diseases.

  10. General characteristics and types of subjective duties in corporate legal relations

    OpenAIRE

    Надьон, Вікторія Валентинівна

    2017-01-01

    The processes of reforming social relations in the conditions of integration ofUkraine's economic system into the European community call for the improvement of domestic legislation in this area and the scientific substantiation of the legal problems that arise there. One of these problems is the essence of subjective responsibility in corporate legal relations.Legislative regulation of corporate legal relations takes place through the establishment of certain rights and responsibilities for ...

  11. The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

    Directory of Open Access Journals (Sweden)

    Mery Chalfun

    2016-12-01

    Full Text Available The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

  12. "Legal highs"--toxicity in the clinical and medico-legal aspect as exemplified by suicide with bk-MBDB administration.

    Science.gov (United States)

    Rojek, Sebastian; Kłys, Małgorzata; Strona, Marcin; Maciów, Martyna; Kula, Karol

    2012-10-10

    The easily available "legal highs", which are products containing psychoactive substances, such as cathinones, piperazines and synthetic cannabinoids, are abused by adolescents in Poland and in the world as alternatives to classic drugs, such as amphetamines or marijuana. The majority of these potentially dangerous substances are still legal and they are associated with a risk of severe poisoning or even death, and provide new challenges in clinical and forensic toxicological practice. Investigations in the field of "designer drugs" may be well illustrated by the case of a suicide of a 21-year old male who ingested a specified dose of a preparation called "Amphi-bi-a" that contains bk-MBDB, chemically 2-methylamino-1-(3,4-methylenedioxyphenyl) butan-1-one, which belongs to the cathinone group, as a synthetic euphoric empathogen and psychoactive stimulant that is chemically similar to MDMA. It is one of more common components of "legal highs" examined in Poland and other countries. The documentation of the case includes a clinical assessment of the patient's health status performed during his almost 4-h hospitalization before death, autopsy and histological examinations supported by toxicological findings revealing bk-MBDB at extremely high concentrations (at 20 mg/l in the blood and 33 mg/kg in the liver); hence, this body of evidence contributes to knowledge in the field of "designer drugs". Inventions of designers of new psychoactive xenobiotics, which are much in demand, especially in view of the dynamic Internet marketing, which drums up narcobusiness, must be balanced by a national strategy developed by medical, legal and educational circles in the modern civilized world in order to prevent the spreading of the phenomenon. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  13. Legal aspects of the maritime transport of radioactive materials: its regulation in Mexico; Aspectos legales del transporte maritimo de materiales radioactivos: su regulacion en Mexico

    Energy Technology Data Exchange (ETDEWEB)

    Aguilar M, S

    2001-07-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is applied to the transport of radioactive materials. Finally, the chapter 5 analyses and poses the requirements and necessities which lead Mexico to legislate broadly the transport of radioactive materials taking as basis International instruments from which the state is part also from some other agreements is analysed its adhesion to them. (Author)

  14. Characteristics and environmental aspects of slag: a review

    Science.gov (United States)

    Piatak, Nadine M.; Parsons, Michael B.; Seal, Robert R.

    2015-01-01

    Slag is a waste product from the pyrometallurgical processing of various ores. Based on over 150 published studies, this paper provides an overview of mineralogical and geochemical characteristics of different types of slag and their environmental consequences, particularly from the release of potentially toxic elements to water. This chapter reviews the characteristics of both ferrous (steel and blast furnace Fe) and non-ferrous (Ag, Cu, Ni, Pb, Sn, Zn) slag. Interest in slag has been increasing steadily as large volumes, on the order of hundreds of millions of tonnes, are produced annually worldwide. Research on slag generally focuses on potential environmental issues related to the weathering of slag dumps or on its utility as a construction material or reprocessing for secondary metal recovery. The chemistry and mineralogy of slag depend on the metallurgical processes that create the material and will influence its fate as waste or as a reusable product.

  15. Legal aspects of electric power supply. Grid operator obligations between entrepreneurial responsibility and state control; Das Recht der Elektrizitaetsversorgungsnetze. Netzbetreiberpflichten zwischen unternehmerischer Eigenverantwortung und staatlicher Steuerung

    Energy Technology Data Exchange (ETDEWEB)

    Maetzig, Karoline

    2012-07-01

    The publication provides a systematic outline of the legal boundary conditions governing the operation of electric power supply grids. It goes beyond mere regulatory aspects, covering also the projecting and construction of grids, the acquisition or leasing of land for power transmission line construction, operating licenses and utility certification, the organisational structure and purpose of electric utilities, as well as the operating, servicing and enhancement of electricity grids including calculation of electricity rates. In addition to this systematic outline of legal aspects, it is investigated how the balance between entrepreneurial responsibility and state control was defined in the EnWG 2011, and it is discussed if the law provides sufficient room for entrepreneurial decisions.

  16. Verschiebungseffekte der EWU: Juristische Aspekte (The Effects of the Delay of the European Monetry Union: Legal Aspects)

    National Research Council Canada - National Science Library

    Seidel, Martin

    1998-01-01

    .... Two of the most important are to what degree, according to the Maastricht proposal, the Central EU Council's decisions would be legally binding, and whether the right to trial within the Union's...

  17. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    OpenAIRE

    Boom, Willem

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one hand, and malicious protraction, procrastination and rejection of valid claims, on the other hand. Therefore, it is interesting to find that European legal systems diverge considerably in their stance...

  18. Legal aspects of the nuclear fuel cycle and the final storage in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Strassburg, W.

    1983-01-01

    The public discussion on ''the waste disposal of German nuclear power plants'', is, in contrast to former political arguments, more and more determined by legal questions, as for instance the suitability for licensing compact storage and central intermediate storage for spent fuel elements. A quick and partly already occurred clarification of these legal questions by the courts guarantees that the storage facilities, which are planned or are under construction, are available in time. The implementation of the technical-scientific management and disposal concept of nuclear waste in the Atomic Energy Act according to the fourth amendment of 1976 has, on principle, been successful, even if hereby partly open legal questions arose. The clarification of these questions is among other things provided in the framework of the legal regulations, still to be expected, by means of the legal authorization in paragraph 12, paragraph 1, No. 8 and 9 of the Atomic Energy Act, which have the aim ''to regulate the disposal and radioactive wastes comprehensively. (orig./HP) [de

  19. Maternity protection for working women in Argentina: legal and administrative aspects in the first half of the twentieth century.

    Science.gov (United States)

    Biernat, Carolina; Ramacciotti, Karina

    2011-12-01

    This article discusses the construction of social policies aimed at working women as mothers in Argentina. Thus, we examine the legal corpus, the scope of legislation, and the criticisms of its implementation coming from civil society and from medical, legal and political circles. We focus on the debate about the creation of the Caja de Maternidad (1934) and the shifts in the discussions regarding welfare policy for working women during Perón's first term in office. The methodology is based on a qualitative analysis of parliamentary debates, proposals for legislative reform and reactions in the press.

  20. Ethical and legal aspects of medical exposure to ionizing radiation in the Netherlands in the year 2000

    International Nuclear Information System (INIS)

    Rijlaarsdam, J.

    2001-01-01

    In ancient times in Greece lived a very wise man. He told physicians; when you treat patients be aware you will 'do good and no harm'. From this specific point of view I kindly ask attention for legal and ethical dimensions of medical exposures of ionizing radiation. This paper gives first a resume of the basic safety standards for radiation protection. Second it gives the legal instruments a patient in the Netherlands has to exercise his right of self-determination. Third, it pays attention to a basic ethical norm for professional attitude. And finally, it brings forward a guideline for self regulation by professionals. (author)

  1. Gender equality in employment and occupation. European Implementation Assessment. ANNEX I, Legal aspects and direct and indirect discrimination

    NARCIS (Netherlands)

    Burri, S.D.

    2015-01-01

    This research paper on the implementation of Directive 2006/54/EC provides an independent legal analysis of the main provisions of this Directive, taking into account relevant case law of the Court of Justice of the EU. The aim of this paper is also to identify gaps in its implementation at the

  2. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one

  3. Aspects of Implementation of European Law in the Legal System of the Republic of Moldova within the European Integration Process

    Directory of Open Access Journals (Sweden)

    Ilie Mamaliga

    2011-09-01

    Full Text Available The author researches in this paper the political, economic and legal trends, concerning the integration of Moldova into the European Union. The greet The researcher pays attention to the principles of freedom and pluralistic democracy, supremacy of national European law over the law, in the non-discrimination and equality before the law, reflected in the European and national acts, as well as the principles of the market economy.

  4. Síndrome del niño maltratado: aspectos médico-legales Battered child syndrome: forensic aspects

    OpenAIRE

    E. Lachica

    2010-01-01

    El maltrato infantil constituye un problema de profundas repercusiones psicológicas, sociales, éticas, jurídicas y médicas. En el presente trabajo se realiza una revisión histórica, conceptual y médica del problema.Child abuse is a problem with serious psychological, social, ethic, legal and medical repercussions. In this paper an historical, conceptual and medical review of the problem is performed.

  5. [International legal aspects of responsibility of states and international organizations for the spread of epidemics, pandemics and mass disease].

    Science.gov (United States)

    Kholikov, I V; Sazonova, K L

    2015-08-01

    The present article deals with international legal issues that arise in case when various mass diseases go beyond any national jurisdiction. The emphasis is made on the problem of international responsibility, which different actors have to bear in such cases. The authors also examine the implementation of responsibility mechanism, including the indentication of the relevant international court, authorized to establish such liability and identify the specific forms of its realization.

  6. The Panama fossil power plants generation system: Atmospheric pollution, general and legal aspects; El sistema de generacion termoelectrico en Panama: Contaminacion atmosferica, aspectos generales y legales

    Energy Technology Data Exchange (ETDEWEB)

    Milciades, Concepcion [Instituto de Recursos Hidraulicos y Electrificacion, (Panama)

    1996-12-31

    The Thermal electric energy resource of Panama is administered by four Regional Managements and a group of Regional Systems comprising the fossil power plants supplying electric energy to the country`s marginal areas. The characteristics of the different fuels used in these fossil power plants, the results of the assessment of the polluting particles and sulfur and nitrogen oxides are presented. Finally, the alleviation measures and the environmental legislation implanted in these power plants are also presented [Espanol] El parque termico de Panama es administrado por cuatro Gerencias Regionales y un conjunto de Sistemas Regionales que comprenden las plantas termicas de menor capacidad destinadas a suplir de energia a las areas marginadas del pais. Se presentan las caracteristicas de los diferentes combustibles utilizados en estas unidades termicas; los resultados de las mediciones de particulas contaminantes y de oxidos de azufre y oxidos de nitrogeno. Por ultimo se presentan las medidas de mitigacion y legislacion ambiental implantadas en estas centrales termoelectricas

  7. The Secret to Legal Foretelling: Generic and Inter-Generic Aspects of Vagueness in Contracts, Patents and Regulations

    Directory of Open Access Journals (Sweden)

    Ismael Arinas Pellón

    2011-06-01

    Full Text Available In this genre analysis research paper, we compare U.S. patents, contracts, and regulations on technical matters with a focus upon the relation between vagueness and communicative purposes and subpurposes of these three genres. Our main interest is the investigation of intergeneric conventions across the three genres, based on the software analysis of three corpora (one for each genre, 1 million words per corpus. The result of the investigation is that intergeneric conventions are found at the level of types of expressed linguistic vagueness, but that intergeneric conventions at the level of actual formulations are rare. The conclusion is that at this latter level the influence from the situation type underlying the individual genre is more important than the overarching legal character of the genres, when we talk about introducing explicit vagueness in the text.El propósito de este artículo es comparar mediante herramientas de lingüística de corpus el uso de la vaguedad en contratos, legislación y patentes de los EE.UU. La comparación se centra en valorar hasta qué punto estos tres géneros comparten las mismas estrategias de vaguedad lingüística para lograr sus objetivos y sub-objetivos comunicativos. Los tres corpus compilados para este estudio comparten una combinación, tanto de lenguaje legal, como tecnológico y cada uno de ellos consta de algo más de un millón de tokens. El resultado de nuestra investigación apunta a que estos tres géneros comparten convenciones en el uso deliberado de tipos de vaguedad lingüística, pero la fraseología concreta de la vaguedad aplicada no es normalmente la misma. La conclusión es que, en este último nivel fraseológico, la situación subyacente en cada género es más importante que el común carácter legal de los géneros cuando se trata de introducir la vaguedad de forma explícita en el texto.

  8. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Directory of Open Access Journals (Sweden)

    Puybasset Louis

    2011-02-01

    Full Text Available Abstract To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  9. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective.

    Science.gov (United States)

    Baumann, Antoine; Claudot, Frédérique; Audibert, Gérard; Mertes, Paul-Michel; Puybasset, Louis

    2011-02-08

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  10. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Science.gov (United States)

    2011-01-01

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made. PMID:21303504

  11. Aerodynamic Characteristics of Low-Aspect-Ratio Wings in Close Proximity to the Ground

    Science.gov (United States)

    Fink, Marvin P.; Lastinger, James L.

    1961-01-01

    A wind-tunnel investigation has been conducted to determine the effect of ground proximity on the aerodynamic characteristics of thick highly cambered rectangular wings with aspect ratios of 1. 2, 4, and 6. The results showed that, for these aspect ratios, as the ground war, approached all wings experienced increases in lift-curve slope and reductions in induced drag which resulted in increases in lift-drag ratio. Although an increase in lift-curve slope was obtained for all aspect ratios as the ground was approached, the lift coefficient at an angle of attack of 0 deg for any given aspect ratio remained nearly constant. The experimental results were in general agreement with Wieselsberger's ground-effect theory (NACA Technical Memorandum 77). As the wings approached the ground, there was an increase in static longitudinal stability at positive angles of attack. When operating in ground effect, all the wings had stability of height at positive angles of attack and instability of height at negative angles of attack. Wing-tip fairings on the wings with aspect ratios of 1 and 2 produced small increases in lift-drag ratio in ground effect. End plates extending only below the chord plane on the wing with an aspect ratio of 1 provided increases in lift coefficient and in lift-drag ratio in ground effect.

  12. Medico legal aspects of self-injection of metallic mercury in cases of suicide or self-harming.

    Science.gov (United States)

    Da Broi, Ugo; Moreschi, Carlo; Colatutto, Antonio; Marcon, Barbara; Zago, Silvia

    2017-08-01

    Metallic mercury may be self-injected for suicidal or self-harm purposes or sometimes for superstitious or other inadvisable reasons. Local tissue or systemic consequences such as mercurialism can frequently occur in cases of subcutaneous or deep injection, while death due to pulmonary embolism and cardiac, brain, hepatic or renal toxicity may occur in cases of high dosage intravenous administration. The aim of this review is to focus on the diagnostic difficulties facing coroners and forensic pathologists when the courts require confirmation that evidence of self-injection of metallic mercury is the result of suicide or self-harming. Forensic examination performed on the corpses of victims who died in or out of hospital or on surviving injured or intoxicated victims showing signs of mercurialism, demands the careful evaluation of the death scene, of all related circumstances and of the clinical and autopsy data. Close interaction between forensic pathologists and toxicologists is also needed to identify and quantify mercury levels in blood, urine and tissue. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  13. Legal aspects of financing solar-heated residential structures. Final report of Innovative Research Program Subtask, December 1977-September 1978

    Energy Technology Data Exchange (ETDEWEB)

    Hiller, R.L.

    1978-10-01

    Through both interviews with primary and secondary mortgage market lending institutions and a search of the relevant literature, the major concerns and attitudes of financial institutions toward solar homes are reviewed, unique problems encountered in making loans on such structures are discussed and special requirements placed upon solar home loans are explored. At present, these are seen as centered around: (1) placing an appropriate valuation on a solar-heated home, (2) assessing the technical feasibility of a solar energy system, and (3) determining what energy savings might accrue through installation of a solar energy system and how such savings can best be integrated into the lending process. Some of the most pertinent literature on this subject is reviewed and the goals to be strived for in protecting solar access are set forth. Negative solar easements and restrictive covenants are seen as the most appropriate legal tools for assuring adequate solar access. Seven elements which must be addressed when describing the air space to be protected by an effective easement or covenant are identified. Appendices are included which show how one innovative lending institution has developed a policy for financing solar homes based upon these elements. Problems with regard to obtaining title insurance are discussed, and the enforceability and transferability of solar access rights are detailed.

  14. Is The Late Mandibular Fracture From Third Molar Extraction a Risk Towards Malpractice? Case Report with the Analysis of Ethical and Legal Aspects

    Directory of Open Access Journals (Sweden)

    Weuler dos Santos Silva

    2017-06-01

    Full Text Available Objectives: The present study reports a case of late mandibular fracture due to third molar extraction and highlights the inherent clinical, ethical and legal aspects related to this surgical complication. Material and Methods: A female patient underwent surgical procedure for the extraction of the mandibular right third molar. Two days after the surgery the patient reported pain and altered occlusion in the right side of the mandible. After clinical and radiographic re-examination, the diagnosis of late mandibular fracture was established. A second surgery, under general anaesthesia, was performed for the fixation of the mandibular bone. Results: The fractured parts were reduced and fixed with locking plate systems and 2 mm screws following load-sharing principles. The masticatory function showed optimal performance within 7 and 21 days after the surgery. Complete bone healing was observed within 1 year of follow-up. Conclusions: For satisfactory surgical outcomes, adequate surgical planning and techniques must be performed. Signed informed consents explaining the risks and benefits of the treatment must be used to avoid ethical and legal disputes in dentistry.

  15. Survey of legal aspects, regulations, standards and guidelines applicable to radioactive waste management of the Brazilian Multipurpose Reactor - RMB

    International Nuclear Information System (INIS)

    Salvetti, T.C.; Marumo, J.T.

    2017-01-01

    In Brazil, the Brazilian Nuclear Energy Commission (CNEN) and Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) are the agencies responsible for the execution, regulation and control of nuclear and environmental policies, respectively. Such regulatory activities are very comprehensive (IBAMA) or too specific (CNEN), revealing other aspects that would, also, need to be observed so that the management could be carried out efficiently (quality) and effectively (safety), including the three governmental administrative levels: Federal, State and Municipal. In addition to laws, regulations, decrees and resolutions, there are also national and international standards and guides that provide guidelines for structuring the current management and the use of best regulatory practices. The Brazilian Multipurpose Reactor Enterprise (RMB) is a CNEN project, complying with a Multi-Year Plan of the Brazilian Ministry of Planning, Development and Management (MPDG). The Enterprise is being developed under the responsibility of the Directorate of Research and Development - DPD of CNEN and will have a facility for treatment and initial temporary storage of the radioactive waste generated by the operation of the research reactor and the activities carried out in the associated laboratories. The RMB will be built in the city of IPERÓ, located in the state of São Paulo, near ARAMAR Experimental Center of the Brazilian Navy. This work aims to present the research results regarding the various aspects that regulate, legislate and standardize the practices proposed to the Radioactive Waste Management of the RMB project. (author)

  16. Survey of legal aspects, regulations, standards and guidelines applicable to radioactive waste management of the Brazilian Multipurpose Reactor - RMB

    Energy Technology Data Exchange (ETDEWEB)

    Salvetti, T.C.; Marumo, J.T., E-mail: salvetti@ipen.br [Instituto de Pesquisas Energéticas e Nucleares (IPEN/CNEN-SP), São Paulo, SP (Brazil)

    2017-07-01

    In Brazil, the Brazilian Nuclear Energy Commission (CNEN) and Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) are the agencies responsible for the execution, regulation and control of nuclear and environmental policies, respectively. Such regulatory activities are very comprehensive (IBAMA) or too specific (CNEN), revealing other aspects that would, also, need to be observed so that the management could be carried out efficiently (quality) and effectively (safety), including the three governmental administrative levels: Federal, State and Municipal. In addition to laws, regulations, decrees and resolutions, there are also national and international standards and guides that provide guidelines for structuring the current management and the use of best regulatory practices. The Brazilian Multipurpose Reactor Enterprise (RMB) is a CNEN project, complying with a Multi-Year Plan of the Brazilian Ministry of Planning, Development and Management (MPDG). The Enterprise is being developed under the responsibility of the Directorate of Research and Development - DPD of CNEN and will have a facility for treatment and initial temporary storage of the radioactive waste generated by the operation of the research reactor and the activities carried out in the associated laboratories. The RMB will be built in the city of IPERÓ, located in the state of São Paulo, near ARAMAR Experimental Center of the Brazilian Navy. This work aims to present the research results regarding the various aspects that regulate, legislate and standardize the practices proposed to the Radioactive Waste Management of the RMB project. (author)

  17. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)

  18. The intellectual property of content published in virtual campuses: what legal and technological aspects should be considered?

    Directory of Open Access Journals (Sweden)

    Carina Soledad González-González

    2017-01-01

    Full Text Available Actualmente, todas las universidades tienen plataformas de teleformación (LMS para apoyar su docencia presencial o brindar titulaciones a distancia o semipresenciales. Estas plataformas se conocen como Campus Virtuales . Los Campus Virtuales de las instituciones educativas se han ido convirtiendo paulatinamente en repositorios institucionales de contenido educativo. El contenido que alojan dichos campus virtuales es principalme nte material de apoyo docente producido por el propio profesorado universitario para el alumnado de la misma institución, y el acceso está restringido a la comunidad universitaria. Asimismo, las universidades están legalmente obligadas a tener repositorios de contenidos digitales en abierto y a difundir en abierto su producción académica financiada con fondos públicos. Sin embargo, las entidades de derechos de autor reclaman a las universidades el pago de dichos derechos, alegando que existe infracción en l a publicación de contenidos digitales para uso docente en los campus virtuales . Al existir millones de recursos educativos publicados por el profesorado y por el alumnado en las aulas virtuales , actualizándose permanentemente, se hace materialmente imposib le su revisión y control por parte de los servicios universitarios responsables, y por ello, las entidades de gestión piden el pago de una “cuota”, no de los materiales publicados que están realmente protegidos con copyright . Por ello, en este trabajo pres entamos un análisis del marco legal de los derechos de autor y la propiedad intelectual de los contenidos digitales de las universidades, especialmente para el contexto español, así como distintas soluciones tecnológicas que permiten promover el acceso abi erto a los contenidos. En particular, se presenta el caso de la Universidad de La Laguna, y las acciones que se han llevado a cabo en este sentido, incluyendo un desarrollo tecnológico para Moodle que permite identificar el contenido

  19. Irreversible Aspects of Continuum Mechanics and Transfer of Physical Characteristics in Moving Fluids : Symposia

    CERN Document Server

    Sedov, L

    1968-01-01

    At its meeting on April 23, 1965 in Paris the Bureau of IUTAM decided to have a Symposium on the Irreversible Aspects of Continaum Mechanics held in June 1966 in Vienna. In addition, a Symposium on the Transfer of Physical Characteristics in Moving Fluids which, orig­ inally, had been scheduled to take place in Stockholm was rescheduled to be held in Vienna immediately following the Symposium on the Irre­ versible Aspects of Continuum Mechanics. It was felt that the subjects of the two symposia were so closely related that participants should be given an opportunity to attend both. Both decisions were unanimously approved by the members of the General Assembly of IUTAM. Prof. H. PARKUS, Vienna, was appointed Chairman of the Symposium on the Irreversible Aspects, and Prof. L. I. SEDOV, Moscow, was appointed Chairman of the Symposium on the Transfer of Physical Characteristics, with Prof. P ARKUS being re­ sponsible for the local organization of both symposia. In accordance with the policy set forth by IUTAM...

  20. The sustainable management of renewable energy sources installations: legal aspects of their environmental impact in small Greek islands

    Energy Technology Data Exchange (ETDEWEB)

    Efpraxia Maria [Technical University of Crete, Chania (Greece); Theocharis Tsoutsos [Centre for Renewable Energy Sources, Pikermi (Greece)

    2004-03-01

    Nowadays, an attractive legislative and financing framework has been established in Greece for the development of renewable energy sources. This has resulted in a strong increase of investors' interest, especially in the islands, mainly due to their high renewable energy potential all year round. However, the typical characteristics of the small Greek island, which constitute sensitive ecosystems with unique attributes of a natural and cultural heritage, impose a limitation on the development of energy generation plants using renewables. In order to adopt the principles of sustainable development of these island regions, the application of the proportionality principle in relation to other general principles of environmental law is proposed as a suitable legislative tool for resolution of the foreseeable conflicts. (author)

  1. The sustainable management of renewable energy sources installations: legal aspects of their environmental impact in small Greek islands

    Energy Technology Data Exchange (ETDEWEB)

    Maria, Efpraxia; Tsoutsos, Theocharis E-mail: tsoutsos@mred.tuc.gr

    2004-03-01

    Nowadays, an attractive legislative and financing framework has been established in Greece for the development of renewable energy sources. This has resulted in a strong increase of investors' interest, especially in the islands, mainly due to their high renewable energy potential all year round. However, the typical characteristics of the small Greek island, which constitute sensitive ecosystems with unique attributes of a natural and cultural heritage, impose a limitation on the development of energy generation plants using renewables. In order to adopt the principles of sustainable development of these island regions, the application of the proportionality principle in relation to other general principles of environmental law is proposed as a suitable legislative tool for resolution of the foreseeable conflicts.

  2. The sustainable management of renewable energy sources installations: legal aspects of their environmental impact in small Greek islands

    International Nuclear Information System (INIS)

    Maria, Efpraxia; Tsoutsos, Theocharis

    2004-01-01

    Nowadays, an attractive legislative and financing framework has been established in Greece for the development of renewable energy sources. This has resulted in a strong increase of investors' interest, especially in the islands, mainly due to their high renewable energy potential all year round. However, the typical characteristics of the small Greek island, which constitute sensitive ecosystems with unique attributes of a natural and cultural heritage, impose a limitation on the development of energy generation plants using renewables. In order to adopt the principles of sustainable development of these island regions, the application of the proportionality principle in relation to other general principles of environmental law is proposed as a suitable legislative tool for resolution of the foreseeable conflicts

  3. Characteristic of Adaptability - one of basic categories of the social aspect of sustainable housing construction

    Science.gov (United States)

    Orłowski, Z.; Radziejowska, A.; Orłowski, M.

    2017-10-01

    In the article the authors consider one of the basic aspects of sustainable construction regarding the social utility of a building. According to standard PN-EN 16309+A1:2014-12 during evaluating the social aspect should be assessed six categories: accessibility, adaptability, comfort and health, neighborhood, maintenance, safety and security. The authors present the evaluation criteria witch should be taken into account in the assessment of the second of them. Adaptability has been divided into three categories: The buidling’s ability to accomodate the change of user requirements, The buidling’s ability to accomodate technical changes, The buidling’s ability to accomodate the change of use. Each subcategory has been further elaborated by the criteria for which authors present proposal for the scale of assessments. The authors present a part of a work to construct a method for assessing the social characteristics of the residential buildings.

  4. Azimuthal instabilities and mixing characteristics of a small aspect ratio slot jet

    International Nuclear Information System (INIS)

    Gutmark, E.; Schadow, K.C.

    1987-01-01

    Two types of small aspect ratio slot jets were investigated. An orifice slot jet with a 3:1 aspect ratio was shown to have features similar to an elliptical jet with a well-designed contraction. A large spreading rate and highly turbulent mixing can be obtained using this orifice nozzle, which is advantageous for many practical applications. By adding a conical contraction to the slot jet (tapered slot jet) the characteristics were totally altered. The intersection between the contraction and the slot surface produced three dimensional vortical structures. These structures acted with the high modes of azimuthal instabilities, typical to this noncircular configuration, to produce highly efficient mixing in both the outside and inside segments of the jet. 10 references

  5. Economic system analysis of coal preconversion technology: Phase I. Volume V. Survey of socioeconomics, financial statistics, and legal aspects. Interim report for the period August 1973--July 1975

    Energy Technology Data Exchange (ETDEWEB)

    1975-07-01

    The future of large-scale surface coal mining in the United States will be affected by socio-economic factors, corporate finances, and legal constraints. This report presents a survey of these considerations and how they affect mining. Socio-economic factors are defined as the effects of a mining project on the surrounding communities. This volume presents the changes some consider beneficial, others detrimental, which occur when a new mine is opened in a virgin area. A new mine would cause an increase in employment, population and the community's tax base, but also would generate population profile changes, urbanize a previously rural community, and increase demands on community services. Corporate finances are an important consideration when assessing industry's ability to meet the required expansion in coal mining. As discussed in this report, the coal industry is dominated by companies whose revenues are generated mainly from non-coal operations. The production of coal is dispersed among many companies; however, the trend is toward more concentration of production among fewer firms through mergers. Internal sources of capital within the industry are limited and may curtail the opening of large-scale surface mines in the future. Federal, state, and local laws are becoming more constrictive and demanding of the coal industry. Federal involvement alone, throughout the life cycle of a mine, includes regulations on environmental protection, health, safety and public land control. A list of twenty Federal laws and a directory of eight major Federal agencies outlining the legal aspects that have an impact on surface coal mining are presented. (auth)

  6. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  7. Regional characteristics of individual housing units in Serbia from the aspect of applied building technologies

    Directory of Open Access Journals (Sweden)

    Jovanović-Popović Milica

    2014-01-01

    Full Text Available Individual housing units in Serbia have been studied from the aspect of applied technical solutions. Analyzed data have been collected during a field research in accordance with the current administrative regional division, and they represent a basis for definition of regional typology of individual housing units. Characteristic types of objects of each region’s typology have been further analyzed. Upon these analyses regional characteristics of individual housing units regarding applied construction types, building technologies and materials have been defined and presented. [Projekat Ministarstva nauke Republike Srbije, br. TR 36034: Investigation and Systematization of Serbian Housing in Context of Globalization and European Integration in the Framework of Quality and Living-Standard Improvement

  8. Acceptability of CO2 capture and storage. A review of legal, regulatory, economic and social aspects of CO2 capture and storage

    International Nuclear Information System (INIS)

    De Coninck, H.C.; Groenenberg, H.; Anderson, J.; Curnow, P.; Flach, T.; Flagstad, O.A.; Norton, C.; Reiner, D.; Shackley, S.

    2006-05-01

    Capture and storage of CO2 (CCS) has been studied as an option in the portfolio of climate change mitigation strategies for about 20 years. Although the technical maturity of CCS is generally less than other mitigation options, such as renewable energy or energy efficiency, many of the CCS components are generally regarded as mature enough for deployment. CCS, however, has a number of other aspects that may inhibit its deployment. The aim of the ACCSEPT project is to identify the main gaps in knowledge in the non-technical aspects of CCS, to research them, and to propose recommendations to address them. Although in the recent past several large and influential reports have been published in the field of CCS, many of them have focussed on the technical aspects of CCS. The IPCC Special Report on CCS did not have the mandate to address policy aspects and could only touch upon public perception issues. An IEA report focussed on the costs and economic aspects of CCS and touched upon regulatory and risk issues, but was at the time of publication unable to dive deep into it. This report provides a critical literature review for the non-technical aspects of CCS in the following categories: (a) Legal issues: National and international legislation relevant to CCS. Examples include national drinking water and mining laws, and the London Convention (Chapter 2). (b) Regulatory issues: National and international policies in the field of energy or climate change that can act as support mechanisms for CCS (Chapter 3). (c) Costs and economics: Addresses the question whether the current costs assumed for CCS are interpreted correctly, and reviews the assumptions made in economic models informing the policymaking process (Chapter 4). (d) Social and acceptability issues: A review of all studies currently done that focus on public perception of CCS. Methods used are questionnaires with lay public, focal group discussions, and expert polls (Chapter 5). (e) Crosscutting issues: CCS as a

  9. Players' agents worldwide: legal aspects

    NARCIS (Netherlands)

    Siekmann, R.C.R.; Parrish, R.; Branco Martins, R.; Soek, J.W.

    2007-01-01

    Publicly, at least, there appears to be a strong collective will within football to clean up the game, to make the work of players’ agents more transparent and to allow a greater share of the game’s profits to stay within the game. Privately, there seems to be unease that current agent regulation is

  10. Legal aspects of the control and repression of illicit trafficking of nuclear and other radioactive materials. Is there a need for an international convention?

    International Nuclear Information System (INIS)

    Spence, Scott

    2012-01-01

    It is generally recognised that illicit trafficking of nuclear and other radioactive materials is a serious problem, and one that must be tackled with a comprehensive response involving national governments as well as a number of intergovernmental organisations including the International Atomic Energy Agency (IAEA). The IAEA notes that 1 773 incidents were reported to its Illicit Trafficking Database, or ITDB, between January 1993 and December 2009, and that 351 of these involved '... unauthorized possession and related criminal activities' such as '... illegal possession, movement or attempts to illegally trade in or use nuclear material or radioactive sources'. The IAEA adds that 222 more incidents were confirmed between July 2009 and June 2010 and concludes that: - the availability of unsecured nuclear and other radioactive material persists; - effective border control measures help to detect illicit trafficking, although effective control is not uniformly implemented at all international border points; and - individuals and groups are prepared to engage in trafficking this material. A disturbing trend is trafficking in particularly sensitive regions of the world, such as in countries that were formerly a part of the former Soviet Union. In November 2010, Georgian officials seized four individuals allegedly trying to sell cesium-137, which though fairly common can be used to make a radiological dispersion device (RDD) or 'dirty bomb'. This closely followed a court case in Georgia involving Armenian nationals who had attempted to sell weapon-grade plutonium. More recently, in June 2011, Moldovan police arrested six individuals suspected of trafficking in uranium-235. In view of the problem, this paper considers whether an international convention specifically targeting illicit trafficking is needed or not. The paper does not go conceptually beyond the legal aspects of controlling and repressing illicit trafficking; rather, it will look at whether the existing

  11. Simulation and Measurement of Neuroelectrodes' Characteristics with Integrated High Aspect Ratio Nano Structures

    Directory of Open Access Journals (Sweden)

    Christoph Nick

    2015-07-01

    Full Text Available Improving the interface between electrodes and neurons has been the focus of research for the last decade. Neuroelectrodes should show small geometrical surface area and low impedance for measuring and high charge injection capacities for stimulation. Increasing the electrochemically active surface area by using nanoporous electrode material or by integrating nanostructures onto planar electrodes is a common approach to improve this interface. In this paper a simulation approach for neuro electrodes' characteristics with integrated high aspect ratio nano structures based on a point-contact-model is presented. The results are compared with experimental findings conducted with real nanostructured microelectrodes. In particular, effects of carbon nanotubes and gold nanowires integrated onto microelectrodes are described. Simulated and measured impedance properties are presented and its effects onto the transfer function between the neural membrane potential and the amplifier output signal are studied based on the point-contact-model. Simulations show, in good agreement with experimental results, that electrode impedances can be dramatically reduced by the integration of high aspect ratio nanostructures such as gold nanowires and carbon nanotubes. This lowers thermal noise and improves the signal-to-noise ratio for measuring electrodes. It also may increase the adhesion of cells to the substrate and thus increase measurable signal amplitudes.

  12. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  13. Pathological jealousy: romantic relationship characteristics, emotional and personality aspects, and social adjustment.

    Science.gov (United States)

    Costa, Andrea Lorenada; Sophia, Eglacy C; Sanches, Cíntia; Tavares, Hermano; Zilberman, Monica L

    2015-03-15

    The aim of this study was to identify romantic relationship characteristics, emotional and personality aspects and social adjustment in subjects with pathological jealousy (PJ) and to compare them to control group. The participants, 32 individuals with PJ and 31 healthy volunteers completed measures of jealousy intensity, attachment type, love and relationship styles, personality, impulsivity, aggressiveness and social adjustment. Socio-demographic profiles were also obtained. Participants with PJ were significantly older than the control group, but no other important socio-demographic differences were observed. Participants with PJ were significantly more jealous and were predominately categorized with anxious-ambivalent attachment type, and Mania love style. They presented with elevated novelty seeking and harm avoidance, low self-directedness and cooperativeness, high levels of impulsivity and trait anxiety, and poor social adjustment. Multivariate analysis showed that jealousy intensity and trait anxiety were the variables that best distinguished participants with PJ from the control group. This study was limited by the cross-sectional design and relatively small sample size. PJ presents a particular pattern of attachment, love style, and personality structure, and deserves further attention as a specific potential disorder of the romantic bonding. Copyright © 2014 Elsevier B.V. All rights reserved.

  14. Trabalho infanto-juvenil: motivações, aspectos legais e repercussão social Child and adolescent labor: factors, legal aspects, and social repercussions

    Directory of Open Access Journals (Sweden)

    Otávio Cruz Neto

    1998-04-01

    analyze situations in which work activities may or may not be allowed for children and adolescents, settling possible points of disagreement between the three legal texts and analyzing their social aspects.

  15. ETHICAL AND LEGAL ASPECTS OF INFECTIONS DISEASES AND VACCINATION Part 4. The balance between universal ethical and ecoethics principles on zooanthroponosis

    Directory of Open Access Journals (Sweden)

    O. I. Kubar

    2015-01-01

    Full Text Available The current paper continued the presentation of the data on ethical, legal and social aspects of the problems connected with the study for prevention infections diseases, additionally including the wide list of infections diseases and increasing the specter of ethical problems in the science in comparision with previous publications in this aria. The investigation of the balance universal ethical principles and ecoethics in the field of zooanthroponosis has been done first time in this paper. Data of the paper are based on the scientific and professional experience of the authors both in infections diseases and bioethics and give the analysis of main international UNESCO documents on bioethics and ecoethics. The principal element that has been used by authors for analysis was the view on epidemiology of zooanthroponosis as ecological process for integration between ethiological agents of infections diseases on the real population of different animals including human beings. Such approach became the base for including the biological, social, economical, topographic and environmental factors for investigation the principals of control and prevention in the aria of zooanthroponosis. In the paper has been presented the set of both environmental principles: common and practical. Theoretical picture of the application the philosophical standards of environmental ethics has been done in real conditions of ethiology, patogenics, epidemiology, clinic, treatment and prevention such kinds of zooanthroponosis as: eastern equine encephalitis, tick borne encephalitis, leptospirosis, Q-fever, tularemia, hemolytic uremic syndrome, listeriosis, West Nile fever, pseudo-tuberculosis and others. In the frame of the understanding ideology and principless of environmental ethics such as “respect for all life forms, human and non-human” and “respect for biodiversity” in the practical situation of zooanthroponosis the priority of prevention human being and

  16. The Current State of the System of Mechanisms of Realisation and Protection of the Rights of the Child: Conceptual and Legal Aspects

    Science.gov (United States)

    Drozdova, Alexandra Michailowna; Gulakova, Violetta Yurevna; Ivanchenko, Elena Anatolevna; Lesnichenko, Inna Pavlovna; Tereshchenko, Elena Anatolevna

    2016-01-01

    The article is devoted to the analytical understanding of the problems in the field of realisation and protection of the rights of children in Russia to identify and highlight existing problems in order to try to remove shortcomings and embark on further development and improvement of the legal and social mechanisms for the protection of…

  17. La huelga de hambre en el ámbito penitenciario: aspectos éticos, deontológicos y legales Hunger striking in prisons: ethics and the ethical and legal aspects

    Directory of Open Access Journals (Sweden)

    J. García-Guerrero

    2013-06-01

    Full Text Available La huelga de hambre es una forma de reivindicación frecuente en prisiones y puede llegar a ocasionar multitud de problemas de todo tipo, tanto a la Administración penitenciaria como a los médicos encargados de la asistencia a los presos que la hacen. Asuntos como el conflicto de derechos y obligaciones en juego, así como la forma de tratarla en personas que están sujetas a la Administración, que en este caso adopta una posición de garante, han generado no poca polémica doctrinal. La objeción de conciencia y el conflicto de doble fidelidad de los médicos que trabajan en las prisiones son también asuntos muy ligados a una huelga de hambre penitenciaria. En este trabajo se revisará la solución que se da al problema del tratamiento de la huelga de hambre penitenciaria desde tres perspectivas: ética, deontológica y legal.Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  18. Aspects of science engagement, student background, and school characteristics: Impacts on science achievement of U.S. students

    Science.gov (United States)

    Grabau, Larry J.

    Science achievement of U.S. students has lagged significantly behind other nations; educational reformers have suggested science engagement may enhance this critical measure. The 2006 Program for International Student Assessment (PISA) was science-focused and measured science achievement along with nine aspects of science engagement: science self-efficacy, science self-concept, enjoyment of science, general interest in learning science, instrumental motivation for science, future-oriented science motivation, general value of science, personal value of science, and science-related activities. I used multilevel modeling techniques to address both aspects of science engagement and science achievement as outcome variables in the context of student background and school characteristics. Treating aspects of science engagement as outcome variables provided tests for approaches for their enhancement; meanwhile, treating science achievement as the outcome variable provided tests for the influence of the aspects of science engagement on science achievement under appropriate controls. When aspects of science engagement were treated as outcome variables, gender and father's SES had frequent (significant) influences, as did science teaching strategies which focused on applications or models and hands-on activities over-and-above influences of student background and other school characteristics. When science achievement was treated as the outcome variable, each aspect of science engagement was significant, and eight had medium or large effect sizes (future-oriented science motivation was the exception). The science teaching strategy which involved hands-on activities frequently enhanced science achievement over-and-above influences of student background and other school characteristics. Policy recommendations for U.S. science educators included enhancing eight aspects of science engagement and implementing two specific science teaching strategies (focus on applications or models

  19. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  20. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  1. Some aspects and characteristics of design anthropology as a post-critical practise

    DEFF Research Database (Denmark)

    Olander, Sissel

    2014-01-01

    -critique (Latour 2004, 2005, 2010) to the methodological aspects of conducting research (Latour 1997, 2005) specifically social research, and questioned the status of theories and methods. In this paper I attempt to tentatively articulate a post- critical design anthropological response to Latour’s methodological...

  2. The evolution of legal aspects on the Brazilian electric power sector, a critical analysis; Evolucao dos marcos regulatorios do mercado de energia eletrica no Brasil, uma analise critica

    Energy Technology Data Exchange (ETDEWEB)

    Bastos, Adriano Silva

    2007-07-01

    The electric sector went through deep changes along these 125 years of electrification of the country, mainly the alternation of their investment bases, hour being private for the most part, state hour. The legal bases of concession and regulation also varied in this period, trying to adapt to the effective model of the time. This work intends to analyze the evolution of the regulatory models of the electric sector, identifying the main changes of paradigms and to compare the efficiency of the models already implanted in the segment, with views to the increment of the offer of energy in the period, molding a critical profile of the best model already adopted in the national electric sector. To compare qualitatively these models requests an analysis of the investment bases a priori in the sector, identifying the contribution of resources has been private or state, following by the government's legal positioning in the sense of being only regulator, or regulator and investor, concluding with an analysis of the electric power offer in the period and the power of self-financing of the companies, in order to assent that the mixed model is the most appropriate model for the sustainable growth of the electric power generation sector in Brazil. (author)

  3. Dietary supplements: International legal framework and adulteration profiles, and characteristics of products on the Brazilian clandestine market.

    Science.gov (United States)

    da Justa Neves, Diana Brito; Caldas, Eloisa Dutra

    2015-10-01

    The objectives of this work were to evaluate current legislation on dietary supplements in the United States, the European Union and Brazil, and the profile of adulterated and/or irregular products on these markets. Due to a less restrictive legal framework, a supplement product that is freely available in the US may be considered a drug or even be proscribed in the EU and Brazil, thus giving rise to a clandestine market based on smuggling. From 2007 to 2014, the United States Food and Drug Administration reported 572 cases of supplement adulterations in the country, mainly products for sexual enhancement (41.6%). Data from the European Union Rapid Alert System for Food and Feed showed 929 adulterations during the same period, over 40% due to unauthorized ingredients or undeclared medicines. From 2007 to 2013, the Brazilian Federal Police Department seized 5470 supplement products, 92.2% with an American-declared origin. Qualitative chemical analyses performed on 2898 products found 180 adulterations, 41.1% due to undeclared drugs, mainly anabolic steroids, anorectics and products for erectile dysfunction, all considered medicines in Brazil. Educating the public regarding the potential risks they are taking when consuming adulterated or irregular products is necessary to protect the health of consumers. Copyright © 2015 Elsevier Inc. All rights reserved.

  4. Aspectos legales, sociales y subjetivos del sistema de Probation: Análisis a través de un estudio cuali-cuantitativo de campo The legal, social and subjective aspects of the probation system: A quali-quantitative analysis

    Directory of Open Access Journals (Sweden)

    Irene Corach

    2009-12-01

    Full Text Available Entre las medidas alternativas a la privación de libertad, la probation ha surgido como la opción más significativa puesto que, por una parte, se contrapone a la reclusión carcelaria como el modelo más extendido y aceptado de sanción penal, y por otra, responde a variantes políticas, históricas y sociales vinculadas al paradigma de los Derechos Humanos. A partir de una investigación de campo, el presente estudio analiza los aspectos legales de la medida, las representaciones sociales en torno a ella y la función del psicólogo involucrado en la implementación de esta práctica jurídica.Among the alternative measures to imprisonment, probation has arisen like the most significant option since, on the one hand, it is opposed to the prison which is the most extended and accepted model of penal sanction, and on the other, it responds to political, historical and social variants tie to the paradigm of the Human Rights. Through a field research, the present study analyzes the legal aspects of the measure, the social representations around it, and the role of psychologists involved in the implementation of this legal practice.

  5. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...

  6. Identification of Essential Characteristics of Fixed Assets: Theoretical and Methodical Aspects

    Directory of Open Access Journals (Sweden)

    Zinkevych Oksana V.

    2013-11-01

    Full Text Available The goal of the article lies in the study of the economic essence of fixed assets. Analysing, systemising and generalising scientific works of a number of scientists, the article considers theoretical and methodical approaches with respect to the general economic and applied interpretation of the economic essence of fixed assets. In the result of the conducted study the article marks out expediency of consideration of the essence of fixed assets using the system approach, which allows taking into consideration possible cause-effect and functional relations and dependencies, economic relations and phenomena connected with their composition, motion and use; it marks out the most significant sides and characteristic features of fixed assets as objects of business accounting and economic analysis. The prospect of further studies in this direction is improvement of grouping of classification properties of fixed assets for business accounting and economic analysis with consideration of their specified essential characteristics.

  7. Characteristics and clinical aspects of patients with spinal cord injury undergoing surgery

    Directory of Open Access Journals (Sweden)

    João Simão de Melo-Neto

    Full Text Available ABSTRACT OBJECTIVE: To identify the characteristics of patients with spinal cord injury (SCI undergoing surgery. METHODS: Previously, 321 patients with SCI were selected. Clinical and socio-demographic variables were collected. RESULTS: A total of 211 patients were submitted to surgery. Fall and injuries in the upper cervical and lumbosacral regions were associated with conservative treatment. Patients with lesions in the lower cervical spine, worse neurological status, and unstable injuries were associated with surgery. Individuals undergoing surgery were associated with complications after treatment. The authors assessed whether age influenced the characteristics of patients submitted to surgery. Subjects with <60 years of age were associated with motorcycle accidents and the morphologies of injury were fracture-dislocation. Elderly individuals were associated to fall, SCI in the lower cervical spine and the morphology of injury was listhesis. Subsequently, the authors analyzed the gender characteristics in these patients. Women who suffered car accidents were associated to surgery. Women were associated with paraparesis and the morphologic diagnosis was fracture-explosion, especially in the thoracolumbar transition and lumbosacral regions. Men who presented traumatic brain injury and thoracic trauma were related to surgery. These individuals had a worse neurological status and were associated to complications. Men and the cervical region were most affected, thereby, these subjects were analyzed separately (n= 92. The presence of complications increased the length of hospital stay. The simultaneous presence of morphological diagnosis, worst neurological status, tetraplegia, sensory, and motor alterations were associated with complications. Pneumonia and chest trauma were associated with mortality. CONCLUSION: These factors enable investments in prevention, rehabilitation, and treatment.

  8. Medical-legal aspects of the fungal infection drug therapy in neonatology: evidence-based medicine and off-label prescribing

    Directory of Open Access Journals (Sweden)

    Marta Ciuffi

    2014-06-01

    Full Text Available The aim of this paper is to focus on the well-known issue of the clinical use of off-label drug therapy in neonatology with respect to evidence-based medicine, with particular reference to antifungal products, in comparison with the wider use in pediatric and adult population. Then we considered the new regulatory approaches carried out in the past decade by the FDA (Food and Drug Administration and the EMA (European Medicine Agency, aimed to improve newborn and children population inclusion into scientific trials and to promote drug labeling with respect to pediatric indications, and the goals nowadays achieved through the American Pediatric Research Equity Act / Best Pharmaceuticals for Children Act and the European Pediatric Investigation Plans. Finally we pointed out, on the basis of the Italian regulatory framework, the Italian medical-legal liability profiles related to the use of off-label therapies in neonatology. Further efforts are required in the international context to carry forward the process started while in the particular Italian scenario it is to be hoped that a general change of mind towards the off-label drug use in neonatology clinical practice may take place.

  9. Toward a Conceptualization of the Content of Psychosocial Screening in Living Organ Donors: An Ethical Legal Psychological Aspects of Transplantation Consensus.

    Science.gov (United States)

    Ismail, Sohal Y; Duerinckx, Nathalie; van der Knoop, Marieke M; Timmerman, Lotte; Weimar, Willem; Dobbels, Fabienne; Massey, Emma K; Busschbach, Jan J J V

    2015-11-01

    Across Europe, transplant centers vary in the content of the psychosocial evaluation for eligible living organ donors. To identify whether a common framework underlies this variation in this evaluation, we studied which psychosocial screening items are most commonly used and considered as most important in current psychosocial screening programs of living organ donors. A multivariate analytic method, concept mapping, was used to generate a visual representation of the "psychosocial" screening items of living kidney and liver donors. A list of 75 potential screening items was derived from a systematic literature review and sorted and rated for their importance and commonness by multidisciplinary affiliated health care professionals from across Europe. Results were discussed and fine-tuned during a consensus meeting. The analyses resulted in a 6-cluster solution. The following clusters on psychosocial screening items were identified, listed from most to least important: (1) personal resources, (2) motivation and decision making, (3) psychopathology, (4) social resources, (5) ethical and legal factors, and (6) information and risk processing. We provided a conceptual framework of the essential elements in psychosocial evaluation of living donors which can serve as a uniform basis for the selection of relevant psychosocial evaluation tools, which can be further tested in prospective studies.

  10. Computational aspects of the through-focus characteristics of the human eye.

    Science.gov (United States)

    Ramos-López, D; Martínez-Finkelshtein, A; Iskander, D Robert

    2014-07-01

    Calculating through-focus characteristics of the human eye from a single objective measurement of wavefront aberration can be accomplished through a range of methods that are inherently computationally cumbersome. A simple yet accurate and computationally efficient method is developed, which combines the philosophy of the extended Nijboer-Zernike approach with the radial-basis-function-based approximation of the complex pupil function. The main advantage of the proposed technique is that the increase of the computational cost for a vector-valued defocus parameter is practically negligible in comparison to the corresponding scalar-valued defocus parameter.

  11. THE IRON GATES RESERVOIR – ASPECTS CONCERNING HYDROLOGICAL CHARACTERISTICS AND WATER

    Directory of Open Access Journals (Sweden)

    Liliana ZAHARIA

    2010-06-01

    Full Text Available The paper makes a synthesis of the hydrological characteristics of the Iron Gates I reservoir and at the same time, it gives an account of its water quality state. A number of specific issues are revealed such as the feeding sources, level regime, water discharge, sediment load, and sedimentation processes. Likewise, the study highlights the alteration of the main hydrological parameters (levels, liquid and solid discharges entailed by reservoir creation, by simply comparing the present day situation with that existing before the artificial lake came into being. The analysis of hydrological characteristics relies especially on the datasets provided by the “Romanian Waters” National Administration for the Baziaş, Orşova and Drobeta Turnu Severin gauging stations, which have different recording intervals for the period 1921 – 2006. At the same time, bibliographic sources have been taken into account in order to better understand the hydrological phenomena. As far as water quality is concerned, this has been established based on the quality indicators for the periods 2000 – 2004 and 2006 – 2009, which exist in the records of the National Water Monitoring System.

  12. Clinical aspects and characteristics of the course of Parkinson’s disease with chronic cerebral ischemia

    Directory of Open Access Journals (Sweden)

    Voskresenskaya O.N.

    2012-06-01

    Full Text Available

    The article is devoted characteristics current of Parkinson’s disease with chronic cerebral ischemia. Objective: to study the clinical presentation and features of PD against cerebral ischemia. Methods. A total of 44 patients with a diagnosis of “Parkinson’s disease”, 20 of which were determined by accurate clinical and instrumental signs of chronic cerebral ischemia. Comparative characteristics of the neurological status, cognitive functions, some laboratory and instrumental data in the two groups of patients: Parkinson’s disease with a background of chronic ischemia of the brain and without it. Results. Statistically signifcant differences between groups are observed on the following variables: duration of illness, severity of depression, the concentration of glucose in the blood. Formed groups of signifcant difference in the severity of atherosclerosis of cerebral vessels. Conclusion. The data of the acceleration of the progression of Parkinson’s disease with chronic cerebral ischemia, as well as the more frequent occurrence of depression in this patient group.

  13. ASPECTOS ÉTICOS Y LEGALES DE LA INVESTIGACIÓN CIENTÍFICA EN BRASIL ASPECTOS ÉTICOS E LEGAIS DA PESQUISA CIENTÍFICA NO BRASIL ETHICAL AND LEGAL ASPECTS OF SCIENTIFIC RESEARCH IN BRAZIL

    Directory of Open Access Journals (Sweden)

    Paulo Roberto da Silva

    2010-06-01

    ção humana, das pesquisas com populações indígenas, das pesquisas em genética humana, dos projetos multicêntricos e das bases de dados biológicas. Pode-se concluir que existem leis de amparo à pesquisa científica no Brasil, estabelecendo prioridades nacionais, determinando direitos e deveres dos pesquisadores e dos sujeitos de pesquisa. Existe um sistema nacional de regulação ética; todavía estabelecido por resoluções do poder executivo. As resoluções incluem diversas temáticas associadas com a investigação científica, incluindo as diretrizes mundiais acerca da ética em pesquisa, considerando até a Declaração de Helsinki.This article has searched and analyzed the regulatory process of the ethics of scientific research in Brazil. The methodology consisted in a systematic review, characterized by a bibliographical and documental study, results being analyzed by the content analysis technique. Legal documents studied dealt mainly with constitutional guaranties associated with scientific research, system of ethics regulation, definition of user, clinical investigations, investigations with foreign cooperation, treatment and diagnosis safeguards, human reproduction research, research with aboriginal populations, human genetics research, multicenter projects and biological data bases. It can be concluded that there are protection laws for scientific research in Brazil, establishing national priorities, determining researchers and research subjects rights and duties. There is a national system of ethics regulation established by resolutions of legislative power. Resolutions include diverse topics associated with scientific research, in line with world guidelines for research ethics, in this case the Helsinki Declaration.

  14. Legal aspects of data and information used in oil and gas exploration and production; O regime juridico dos dados e informacoes de exploracao e producao de petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Bucheb, Jose Alberto [PETROBRAS, Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The utilization of data and information related to the Brazilian sedimentary basins constitutes an essential element in any petroleum exploration and production venture, as well as in the technical and scientific works of this area of study and, for this reason, this technical asset, according to article 22 of the Petroleum Law, is considered part of the national petroleum resources, to be collected, maintained, and administered by the ANP. This issue is also regulated in other articles of the Petroleum Law, the ANP tender protocols, the concession contracts and the ANP ordinances no. 188/1998 and n. 114/2000. In this context, the evolution of the pertinent legal instruments is discussed, aiming at the analysis of the existing conflicts of rules, the rights and obligations of the regulatory agency, the petroleum companies, the service companies and the technical and scientific community. Some aspects of the international oil industry practices are also analyzed vis-a-vis the Brazilian Law. (author)

  15. Fabrication of high aspect ratio nanopillars and micro/nano combined structures with hydrophobic surface characteristics by injection molding

    Science.gov (United States)

    Zhou, Mingyong; Xiong, Xiang; Jiang, Bingyan; Weng, Can

    2018-01-01

    Polymer products with micro/nano-structures have excellent mechanical and optical properties, chemical resistance, and other advantages. Injection molding is one of the most potential techniques to fabricate polymer products with micro/nano-structures artificially in large numbers. In this study, a surface approach to fabricate high aspect ratio nanopillars and micro/nano combined structures was presented. Mold insert with micropillar arrays and nanopillars on its surface was prepared by combing anodic aluminum oxide (AAO) template and etched plate. Anti-sticking modification was done on the template to realize a better demolding quality. The influences of mold temperature and polymer material on the final replication quality were investigated. The results showed that the final replication quality of high aspect ratio nanopillars was greatly improved as compared with the unprocessed template. Polymer with low elongation at break was not suitable to fabricate structures with high aspect ratio via injection molding. For polypropylene surface, the experimental results of static contact angles were almost consistent with Cassie-Baxter equation. When the mold temperature reached 178 °C, hair-like polycarbonate nanopillars were observed, resulting in an excellent hydrophobic characteristic.

  16. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

  17. The knowledge and attitudes of midwives regarding legal and religious commandments on induced abortion and their relationship with some demographic characteristics.

    Science.gov (United States)

    Afhami, Narges; Bahadoran, Parvin; Taleghani, Hamid Reza; Nekuei, Nafisehsadat

    2016-01-01

    Induced abortion is an important medical issue. Knowledge and attitude of midwives regarding legal and religious commandments on induced abortion can be useful in confronting this issue. The aim of this study was to assess the knowledge and attitudes of midwives of Isfahan regarding these rules and to find their relationship with demographic characteristics. This was a cross-sectional, descriptive, and analytical study. The study participants consisted of 189 midwives working in hospitals, health centers, private gynecology clinics, and university. Random quota sampling method was used. Data were collected using a researcher-made questionnaire. Data were analyzed using mean, frequency distribution tables, Pearson correlation, and Spearman's coefficient. For all tests, an error of less than 0.05 was considered. The majority of the participants had extremely low to moderate (73%) knowledge about the subject of the study. Their attitudes toward effective implementation of these rules were mostly extremely weak to moderate (68.72%). No correlation was observed between knowledge, age, work experience, and education. However, there was a relationship between the level of knowledge about these rules and the location of service. There was no significant correlation between attitude and demographic characteristics. Due to less knowledge of the midwives and their low attitude score in this regard, training them, improving their attitude toward these issues, and effective implementation of these laws are necessary. Therefore, by identifying the factors affecting the formation of attitudes and the level of knowledge, more constructive proceedings can be taken to promote them.

  18. Effects of elevated temperature postharvest on color aspect, physiochemical characteristics, and aroma components of pineapple fruits.

    Science.gov (United States)

    Liu, Chuanhe; Liu, Yan

    2014-12-01

    In this work, 2 separate experiments were performed to describe the influence of elevated temperature treatments postharvest on the color, physiochemical characteristics and aroma components of pineapple fruits during low-temperature seasons. The L* (lightness) values of the skin and pulp of pineapple fruits were decreased. The a* (greenness-redness) and b* (blueness-yellowness) values of the skin and pulp were all markedly increased. The elevated temperature significantly increased the contents of total soluble solids (TSS) and slightly affected contents of vitamin C (nonsignificant). Titratable acidity (TA) of pineapple fruits were notably decreased, whereas the values of TSS/TA of pineapple fruits were significantly increased. The firmness of the pineapple fruits decreased and more esters and alkenes were identified. The total relative contents of esters were increased, and the total relative contents of alkenes were decreased. © 2014 Institute of Food Technologists®

  19. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

    Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)

  20. IMPACT OF SOME GEOMETRICAL ASPECTS ON THE TANDEM CO-ROTATING PROPELLER HYDRODYNAMIC CHARACTERISTICS

    Directory of Open Access Journals (Sweden)

    Boucetta Djahida

    2017-01-01

    Full Text Available In the present paper, a numerical simulation based on Kω-SST turbulence model has been carried out to determine the tandem propeller hydrodynamic characteristics in non-cavitating viscous flow by using the commercial code Fluent. As the first step, the numerical approach has been applied to the case of single propeller and the comparison with experiment results was in a good agreement. Next, the effects of axial and angular displacement as well as the diameter ratio between the tandem propellers have been investigated. This part of the study reveals that the tandem with idem propeller diameters is strongly recommended to assure more advantages. Furthermore, the tandem geometry corresponding to the axial displacement equal to 0.6D seems to be the best configuration and the open water performances remain almost unchanged with the variation of angular displacement. On the other hand, details of the mutual interaction between tandem propellers were also given by showing pressure contours, streamlines and thrust coefficient. Globally, this study illustrates the advantages of replacing single propellers by tandem solution.

  1. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....

  2. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...

  3. Characteristic aspects of the housing and utilitiescomplex as a difficult organizational and economic system

    Directory of Open Access Journals (Sweden)

    Butyrin Andrey Yur'evich

    2014-02-01

    Full Text Available The existing system of housing and utility services functioning is carried out for providing the relevant living environment standards to the population by means of effective functioning of the system of uninterrupted providing housing and utility services according to existing requirements of the Russian standards. Today there is a number of problems, which doesn't allow housing and utility services to function effectively. The main of them is providing high-quality housing and utility services to the population and system of their objective cost assessment. This problem is solved by means of reforming the housing and utility sphere with the possibility of attracting financial resources from private investors. Housing and Utility of the Russian Federation, the basis of which is the housing stock, has a very high specific weight in fixed assets of all the economy.Thus, Housing and Utility is a typical difficult organizational and economic system possessing characteristic features of openness, nonlinearity and dissipativity. In this re-gard, the reasonable approach to Housing and Utility development assumes the need to account for the principles of systemacity, focus and complexity, and also can be based on the existing in the theory and practice of management methodology by difficult organizational and economic systems.Now Housing and Utility development and financing investment programs of the municipal complex organizations is carried out according to the relevant Federal law, according to which the establishment system of limit indexes of change of tariffs and investment extra charges to tariffs for services of the organizations of a municipal complex. Also, innovative ways of energy efficiency increase and decrease in wear of funds is an attempt of the state to develop effective mechanisms of attracting private funds from investors.

  4. Legal aspects and conflicts in the context of offshore wind power plant licensing in the exclusive economic zone; Rechtliche Probleme der Zulassung von Windkraftanlagen in der ausschliesslichen Wirtschaftszone (AWZ)

    Energy Technology Data Exchange (ETDEWEB)

    Klinski, S. [Rechtsanwaltskanzlei Schmidt-Wottrich, Jungnickel und Partner, Berlin (Germany)

    2001-11-01

    The analysis presented discusses in depth the existing German laws, regulations and legal instruments, including constitutional case law, as well as European Directives and rulings of the European Court of Justice, which are to be observed in the context of planning and licensing of offshore wind power plants, in particular in the exclusive economic zone. The author elaborates on deficits in the system of applicable German law, incompatibility aspects with European law, and resulting problems. The conclusions to be considered by the German legislator are explained, and the author presents his recommendations in a list of ten items, addressing aspects of amendment and consolidation of existing German law, and harmonisation with European law. (orig./CB) [German] Diese Analyse untersucht alle nationalen und internationalen Rechtsgrundlagen und Instrumentarien, sowie Anforderungen und Bedingungen, die sich aus Gerichtsentscheidungen des Bundesverfassungsgerichts und des Europaeischen Gerichtshofes ergeben, die bei der Genehmigung von Windkraftanlagen in Kuestengewaessern und in der ausschliesslichen Wirtschaftszone (AWZ) beachtet werden muessen. Der rechtlich wichtigste Bereich ist die AWZ, der ausfuehrlich behandelt wird. Es werden Defizite im deutschen Recht aufgezeigt, Unvereinbarkeiten mit europaeischem Recht und daraus resultierende Probleme. In der Schlussfolgerung wird empfohlen, die deutschen rechtlichen Bestimmungen neu zu ordnen. Eine entsprechende Ausgestaltung wird anhand von 10 konkreten Ansatzpunkten erlaeutert. (orig./CB)

  5. Legal ethics, rules of conduct and the moral compass ...

    African Journals Online (AJOL)

    Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly ...

  6. The knowledge and attitudes of midwives regarding legal and religious commandments on induced abortion and their relationship with some demographic characteristics

    Directory of Open Access Journals (Sweden)

    Narges Afhami

    2016-01-01

    Full Text Available Background: Induced abortion is an important medical issue. Knowledge and attitude of midwives regarding legal and religious commandments on induced abortion can be useful in confronting this issue. The aim of this study was to assess the knowledge and attitudes of midwives of Isfahan regarding these rules and to find their relationship with demographic characteristics. Materials and Methods: This was a cross-sectional, descriptive, and analytical study. The study participants consisted of 189 midwives working in hospitals, health centers, private gynecology clinics, and university. Random quota sampling method was used. Data were collected using a researcher-made questionnaire. Data were analyzed using mean, frequency distribution tables, Pearson correlation, and Spearman′s coefficient. For all tests, an error of less than 0.05 was considered. Results: The majority of the participants had extremely low to moderate (73% knowledge about the subject of the study. Their attitudes toward effective implementation of these rules were mostly extremely weak to moderate (68.72%. No correlation was observed between knowledge, age, work experience, and education. However, there was a relationship between the level of knowledge about these rules and the location of service. There was no significant correlation between attitude and demographic characteristics. Conclusion: Due to less knowledge of the midwives and their low attitude score in this regard, training them, improving their attitude toward these issues, and effective implementation of these laws are necessary. Therefore, by identifying the factors affecting the formation of attitudes and the level of knowledge, more constructive proceedings can be taken to promote them.

  7. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

    Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.

  8. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  9. A review of some characteristics, socio-economic aspects and utilization of Zulu sheep: implications for conservation.

    Science.gov (United States)

    Kunene, Nokuthula Winfred; Bezuidenhout, Carlos C; Nsahlai, Ignatius V; Nesamvuni, Edward A

    2011-08-01

    Zulu sheep are Nguni sheep of Zululand and are adapted to the harsh conditions of KwaZulu-Natal. They are used by rural farmers for economic purposes. Their numbers are declining, indicating a potential extinction threat. Knowledge of their phenotypic and genotypic characteristics is essential for conservation planning. In this review, there is a focus on the utilization, socio-economic aspects, phenotypic and genotypic characteristics as well as a proposed breeding programme. A survey has shown that rural farmers in the areas of northern KwaZulu-Natal prefer to keep this breed for its adaptability, resistance to diseases and meat quality. Zulu sheep are small-framed multi-coloured animals. Mature males weigh up to 38 kg and females up to 32 kg. Based on four morphological traits and live weight, phenotypic diversity between three populations was estimated at 48%. A genetic diversity between these three populations was estimated at 22%. Live weight of Zulu sheep can be estimated using the heart girth and wither height measurements. Scrotum circumference of young rams (up to 22 months old) is reliable for estimating the live weight. Animals that were characterized in the studies were grazed extensively and no supplements were provided. There is therefore a potential of weight increase if these animals are reared in a semi-extensive environment. An open nucleus breeding scheme is thus recommended for a sustainable use and conservation of this breed. For more conclusive results, larger numbers of phenotypic and genetic characteristics, in larger numbers of Zulu sheep populations, should be investigated.

  10. Cannabis Use During the Perinatal Period in a State With Legalized Recreational and Medical Marijuana: The Association Between Maternal Characteristics, Breastfeeding Patterns, and Neonatal Outcomes.

    Science.gov (United States)

    Crume, Tessa L; Juhl, Ashley L; Brooks-Russell, Ashley; Hall, Katelyn E; Wymore, Erica; Borgelt, Laura M

    2018-03-28

    To evaluate state-level prevalence estimates of prenatal and early postnatal cannabis use in a state with legalized medical and recreational marijuana and the association with adverse neonatal outcomes. We conducted a cross-sectional study on 3,207 respondents from the 2014-2015 Colorado Pregnancy Risk Assessment Monitoring System with state-developed questions on cannabis use. Differences in perinatal cannabis use were evaluated according to maternal characteristics, breastfeeding patterns, and pregnancy intendedness. Multiple logistic regression models evaluated the relationship between prenatal cannabis use and adverse neonatal outcomes including low birth weight, small for gestational age, preterm birth, and admission to the neonatal intensive care unit. The self-reported prevalence of cannabis use at any time during pregnancy was 5.7 ± 0.5% and the prevalence of early postnatal cannabis use among women who breastfed was 5.0% (95% CI, 4.1%-6.2%). Prenatal cannabis use was associated with a 50% increased likelihood of low birth weight, independent of maternal age, race/ethnicity, level of education, and tobacco use during pregnancy (OR, 1.5; 95% CI, 1.1-2.1; P = .02). Small for gestational age, preterm birth, and neonatal intensive care unit admission were not associated with prenatal cannabis use, independent of prenatal tobacco use. Our findings underscore the importance of screening for cannabis use during prenatal care and the need for provider counselling about the adverse health consequences of continued use during pregnancy and lactation. Copyright © 2018 Elsevier Inc. All rights reserved.

  11. Radiation exposure and the woman worker: biological and legal parameters

    International Nuclear Information System (INIS)

    Carver, J.S.

    1976-01-01

    The interpretation of federal and state legislation and regulations concerning the radiation protection of women in the workplace has not been a clear and straightforward procedure. On one hand, the safety of all workers, independent of sex, imposes a specific directive for the enforcement of working standards in general. On the other hand, must allowance be made in setting radiation standards for the particular biological characteristics of workers, some of whom are women. Title VII of the Civil Rights Act provides equal employment opportunity for women and is now being enforced. All legal questions aside, men and women are decidedly different in one aspect; only women can conceive and carry a fetus and studies have shown that, in humans, the most radiosensitive stage of the fetus is during the first trimester of pregnancy. Possible legal and socio-economic aspects of questions posed by the employment of women by the nuclear industry are considered

  12. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  13. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

    . The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...

  14. Flow patterns and heat transfer characteristics of flat plate pulsating heat pipes with various asymmetric and aspect ratios of the channels

    International Nuclear Information System (INIS)

    Jang, Dong Soo; Lee, Joo Seong; Ahn, Jae Hwan; Kim, Dongwoo; Kim, Yongchan

    2017-01-01

    Highlights: • Flat plate pulsating heat pipes with asymmetric and aspect ratios were tested. • Flow patterns were investigated according to channel geometry and flow condition. • Heat transfer characteristics were analyzed with various heat inputs. • Optimum asymmetric and aspect ratios were suggested for maximum thermal performance. - Abstract: The thermal performance of flat plate pulsating heat pipes (PHPs) in compact electronic devices can be improved by adopting asymmetric channels with increased pressure differences and an unbalanced driving force. The objective of this study is to investigate the heat transfer characteristics of flat plate PHPs with various asymmetric ratios and aspect ratios in the channels. The thermal performance and flow pattern of the flat plate PHPs were measured by varying the asymmetric ratio from 1.0 to 4.0, aspect ratio from 2.5 to 5.0, and heat input from 2 to 28 W. The effects of the asymmetric ratio and aspect ratio on the thermal resistance were analyzed with the measured evaporator temperature and flow patterns at various heat inputs. With heat inputs of 6 W and 12 W, the optimum asymmetric ratio and aspect ratio for the flat plate PHPs were determined to be 4.0 and 2.5, respectively. With the heat input of 18 W, the optimum asymmetric ratio and aspect ratio were determined to be 1.5 and 2.5, respectively.

  15. Legal and regulatory aspects of orphan drugs.

    Science.gov (United States)

    Shani, Segev; Yahalom, Zohar

    2013-11-01

    Rare (orphan) diseases are defined as diseases whose prevalence is significantly low. Many of these diseases are diagnosed at childhood by pediatricians. Rare diseases pose many obstacles for health care systems in general and patients specifically. As they are rare, they are less investigated, there is less knowledge about the disease and less professionals specializing in it. Furthermore, as for most diseases there is no specific treatment, diagnosis is not relevant. From industry perspective, as the market potential is small, there is no financial incentive to invest in developing treatments for rare diseases. All the above led patients, researchers and policymakers around the world to legislate specific laws designated to encourage and provide incentives for researchers and for the pharmaceutical industry to develop scientific and clinical knowledge as well as potential treatments for these diseases. The objective of this article is to describe the initiation and current status of public health policy concerning orphan disease and drugs.

  16. Legal and management aspects in rural electrification

    International Nuclear Information System (INIS)

    Alem Deaces, J.

    1994-01-01

    Present work considers that the rural electrification is generally deficit, as well in the line of transmission builds as the generation sources constructions. The big benefits of the rural electrification would be the improvement of quality of the human life as well as in the agricultural economic development. The participation of all the social agents' collaboration would be necessary

  17. Nuclear plants near borders - legal aspects

    International Nuclear Information System (INIS)

    Rauschning, D.

    1990-01-01

    In public international law there are no rules prohibiting the construction or operation of nuclear plants, or regulating their siting. Emanations of nuclear plants - conventional or radioactive - are regarded as pollutants. Transfrontier pollution has to be prevented and controlled according to the rules of customary international law, which have developed on the basis of the Trail Smelter Award of 1941 and which are restated in the Montreal Rules of International Law Applicable to Transfrontier Pollution 1982 of the ILA. The neighbouring state has a right to obtain all reasonable information concerning the prospective siting of plants and has to be consulted in certain respects. These procedural duties are substantiated in bilateral agreements setting up mixed commissions. In the European Communities members are obliged to report any planned emanation of radioactive substances which might pollute the environment of another member to the EC Commission. Strict liability for any damage caused by a nuclear installation is stipulated in special conventions. As far as these conventions are not applicable, the general rules on state responsibility and on civil liability apply. States are not obliged under International Law to allow residents of neighbouring states to participate in administrative or judicial proceedings concerning the licensing. In practice, however, foreigners challenging the issue of a licence have the same standing as the citizens of the licensing state. (author)

  18. Legal Aspects of a School Library Website

    Science.gov (United States)

    Johnson, Tom

    2009-01-01

    School library websites enhance and explain the services provided by the library. Most schools have a library website. Jurkowski (2004) reviewed thirty-four school library websites and ranked the most common features: website links, databases, policies, Online Public Access Catalog (OPAC), and websites by subject. These features give patrons a…

  19. Editorial: Legal aspects of corporate social responsibility

    NARCIS (Netherlands)

    Lambooy, T.E.

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of

  20. Food irradiation. Technical and legal aspects

    International Nuclear Information System (INIS)

    Vas, K.

    1978-01-01

    This document presents a brief technical discussion on a new major technique for food preservation and points out the necessary harmonization of national regulations to give them a broader application field [fr

  1. Legal Aspects of Iatrogenic Multiple Pregnancy

    Directory of Open Access Journals (Sweden)

    Jacques Milliez

    2009-01-01

    Full Text Available During Assisted Reproductive Technology (ART procedures, the transfer of a single embryodramatically reduces the rate of multiple pregnancy. Proper information, therefore, should bedelivered to patients before embryo transfer. In many countries, regulations limit, according toage of the patient, the number of embryos to be transferred. Selective fetal reduction should not beconsidered as a suitable alternative to a single embryo transfer policy. The international federationof obstetricians and gynaecologists (FIGO recommendations on Multifetal reduction outline thatthe priority should be a careful planning and monitoring of infertility treatment for the reduction oravoidance of multiple pregnancy.

  2. Obesity surgery: French medico-legal aspects.

    Science.gov (United States)

    Manaouil, Cecile; Gignon, Maxime; Jardé, Olivier

    2011-06-01

    The demand for bariatric surgery is expected to increase. It is a procedure that carries a high surgical risk, and a risk of postoperative complications due to the pathologies associated with obesity. Obesity surgery is not classified as plastic surgery, but may subsequently lead to plastic surgery-type operations. Malpractices in the field of obesity surgery are most frequently at the pre-operative stage. In the absence of any fault, a patient may obtain indemnification by "national solidarity". Physicians and surgeons have an obligation to be able to prove that they informed their patients properly.

  3. [Legal aspects of failure in dentistry].

    Science.gov (United States)

    Fischer, A

    1977-09-01

    Conflicts between dentist and patient are increasing in a disquieting way. The reasons for this should be discovered. It seems indispensable to modify the attitude of the practitioner towards his patient, because the latter may have justified claims. To ignore them would mean to cause more trouble, indeed to lead water on the mill of those who would eliminate our liberal profession. Let us not forget that for many people, the practice of liberty is an insupportable challenge. It will be the attitude and psychological feeling which may enable us to avoid that state control of the whole profession.

  4. Legal Aspects of Corporate Social Responsibility

    NARCIS (Netherlands)

    Lambooy, Tineke

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of

  5. Legal aspects of transport of nuclear materials

    International Nuclear Information System (INIS)

    Jacobsson, Mans.

    The Paris Convention and the Brussels Supplementary Convention are briefly discussed and other conventions in the field of civil liability for nuclear damage are mentioned: the Vienna Convention, the Nuclear Ships Convention and the 1971 Convention relating to civil liability in the field of maritime carriage of nuclear material. Legislation on civil liability in the Nordic countries, which is based on the Paris Convention and the Supplementary Convention is discussed, notably the principle of channelling of liability and exceptions from that principle due to rules of liability in older transport conventions and certain problems due to the limited geographical scope of the Paris Convention and the Supplementary Convention. Insurance problems arising in connection with transport of nuclear materials are surveyed and an outline is given of the administrative provisions concerning transport (based on the IAEA transport regulations) which govern transport of radioactive materials by different means: road, rail, sea and air. Finally, the 1968 Treaty on the Non-Proliferation of Nuclear Weapons is discussed. (NEA) [fr

  6. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

  7. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  8. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  9. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

    Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.

    2016-01-01

    This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the

  10. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

    This article deals with the project on legal terminology in the African languages. It focuses on terminology aspects relating to the coining of terms for the legal profession. Terminology development in South Africa has been hampered by a number of sociolinguistic factors. During recent years South Africa has seen ...

  11. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    However, its application in legal research could pose specific challenges to researchers and could impact on crucial aspects of .... electronic media channels. Rather, they emphasise that legal research ..... to the changing information environment and to exercise control over the digital tools and resources. This involves ...

  12. Characteristic aspects of alveolar proteinosis diagnosis Aspectos característicos do diagnóstico da proteinose alveolar

    Directory of Open Access Journals (Sweden)

    Thiago Prudente Bártholo

    2012-02-01

    Full Text Available Alveolar proteinosis is an uncommon pulmonary disease characterized by an accumulation of surfactant in terminal airway and alveoli, thereby impairing gas exchange and engendering respiratory insufficiency in some cases. Three clinically and etiologically distinct forms of pulmonary alveolar proteinosis are recognized: congenital, secondary and idiopathic, the latter corresponding to 90% of the cases. In this case report we present a young male patient that was diagnosed with alveolar proteinosis. Computed tomography of the thorax, bronchoscopy and transbronchial biopsy were performed. The histopathologic aspect was characteristic. The patient was discharged in good health conditions and remains asymptomatic to date.Proteinose alveolar é uma doença pulmonar incomum caracterizada pelo acúmulo de surfactante nas vias aéreas terminais e nos alvéolos, alterando a troca gasosa e, em alguns casos, promovendo insuficiência respiratória. Três formas clínicas e etiologicamente distintas de proteinose alveolar são reconhecidas: congênitas, secundárias e idiopáticas (mais de 90% dos casos são de etiologia idiopática. Neste relato, apresentamos um homem jovem que foi diagnosticado com proteinose pulmonar. Tomografia computadorizada de tórax, broncoscopia e biópsia transbrônquica foram realizadas. O aspecto histopatológico foi característico. O paciente teve alta, com boas condições de saúde, e encontra-se assintomático nos dias de hoje.

  13. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.

  14. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  15. Prescrição Off-Label no Brasil e nos EUA: aspectos legais e paradoxos Off-label prescriptions in Brazil and in the US: legal aspects and paradoxes

    Directory of Open Access Journals (Sweden)

    Patricia Fernandes da Silva Nobre

    2013-03-01

    Full Text Available Analisar as características legais da prescrição off-label no Brasil comparando com a realidade regulatória norte-americana de forma a verificar se esta é ou não decorrência da estrutura do processo normativo como se dá na atualidade. Levantamento bibliográfico em português e inglês em bases de dados públicas sobre legislação, artigos, teses e livros usando as chaves de busca off-label, direito sanitário, regulação sanitária, com as respectivas traduções para o inglês. No Brasil e nos EUA os órgãos de vigilância sanitária de produtos não têm competência legal para intervir na prática médica em si e não podem restringir a prescrição off-label para além das ações educativas. Dentro do processo regulatório, a indicação de uso é um desfecho a partir do qual se determina segurança e eficácia mínimas para comercialização, mas não é fator restritivo prático, o que não exime os profissionais de ações legais por responsabilidade civil. As ações públicas para restringir o uso off-label são mais frequentes no controle à divulgação e incentivo desse tipo de uso à comunidade médica. O uso off-label é uma conta de risco-benefício feito pelo clínico assistente e que tem prós e contras descritos na literatura. A legislação brasileira e sua postura ainda carecem de maior observação e posterior desenvolvimento.The scope of this study is to review the legal aspects of off-label prescription in Brazil compared to the US regulatory environment, to verify whether or not it derives from the structure of the current administrative regulatory process. It involved a bibliographic study in English and Portuguese in public databases of legislation, articles, books and dissertations using the key words 'off-label,' 'health law,' 'health regulation,' with respective translations into English. In Brasil and the US, health surveillance institutions have no jurisdiction on medical practices and cannot restrict

  16. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  17. [Aspects of the legal concession and its procedures concerning the commitment of juveniles to safe custody institutions in youth welfare care according to German (section sign) 1631 b BGB -- an Inquiry into 101 cases of adolescent psychiatric expertise].

    Science.gov (United States)

    Rüth, U; Wentzel, A; Freisleder, F J

    2004-11-01

    Legal procedures concerning the legal concession of juveniles to safe custody care in youth welfare according to German section sign 1631 b BGB were to be examined. 101 cases of adolescent psychiatric expertise were retrospectively examined. Legal procedures were unsatisfactory. A guardian ("Verfahrenspfleger" according to German law) was usually not named (79.2 %), especially not in cases of juveniles under 14 years of age (94 %) who cannot take part in the procedure on their own right, and not in cases of foreigners (89 %). In a number of cases the adolescence psychiatrist did not agree with statement of the youth welfare office regarding the juvenile confinement. In cases where the expert's counsel was a "process diagnosis" evaluating the juvenile's concrete ability to cooperate and to accept alternative forms of placement, closed commitment could be reduced significantly. Experts did not precisely term of commitment in a number of cases (15.9 %). Legal procedures concerning the legal commitment of juveniles to safe custody care in youth welfare institutions are partly unsatisfactory, especially according to the juvenile's rights regarding the legal procedure and the ways, how these rights are safeguarded.

  18. Criminal Aspects of Artificial Abortion

    OpenAIRE

    Hartmanová, Leona

    2016-01-01

    Criminal Aspects of Artificial Abortion This diploma thesis deals with the issue of artificial abortion, especially its criminal aspects. Legal aspects are not the most important aspects of artificial abortion. Social, ethical or ideological aspects are of the same importance but this diploma thesis cannot analyse all of them. The main issue with artificial abortion is whether it is possible to force a pregnant woman to carry a child and give birth to a child when she cannot or does not want ...

  19. ASPECT-R-A Tool to Rate the Pragmatic and Explanatory Characteristics of a Clinical Trial Design.

    Science.gov (United States)

    Alphs, Larry D; Bossie, Cynthia A

    2016-01-01

    Clinical and observational trials can be broadly categorized into having explanatory or pragmatic approaches with specific trial designs located somewhere along this spectrum. Two 10-domain instruments, the PRECIS and Pragmascope, have been developed to facilitate clinical trial design within a framework that is either more explanatory or pragmatic. We have adapted the PRECIS and Pragmascope instruments to permit both design support and post-hoc evaluation of clinical trials and to improve consistency of use and interpretation across raters. This adapted instrument, A Study Pragmatic-Explanatory Characterization Tool-Rating-or ASPECT-R-is described. Adaption of the PRECIS and Pragmascope instruments included reducing the 10 original domains to six. Each of the six ASPECT-R domains has a definition of domain terminology and detailed descriptive anchors. The domains are rated from 0 to 6, where 0 is considered extremely explanatory and 6 extremely pragmatic. Using an Excel®-based file with cover page cells for entry of the study objective(s) and study population of interest, the ASPECT-R instrument has individual domain-related worksheets where the user rates each of the six domains. Each of the six domain worksheets has a section provided for the user to summarize and record the rationale for their domain scoring. Each domain worksheet page also contains a radar graph that auto-populates each of the domain ratings as the user completes these ratings. This new tool, ASPECT-R, should provide a reliable, objective way to rate studies along the explanatory-pragmatic spectrum that will better support trial design and facilitate interpretation of completed trials. The complete ASPECT-R tool and guide materials can be accessed online by clicking or visiting this link: http://innovationscns.com/aspect-r-tool-and-training-materials/.

  20. Estudo MONISA: características e aspectos metodológicos MONISA study: characteristics and methodological aspects

    Directory of Open Access Journals (Sweden)

    Thiago Ferreira de Sousa

    2012-12-01

    Full Text Available O objetivo é apresentar as características e os procedimentos metodológicos adotados no Estudo Monitoramento dos Indicadores de Saúde e Qualidade de Vida de Acadêmicos (MONISA. Trata-se de um estudo prospectivo, do tipo painel, com inquéritos bianuais em amostras representativas de estudantes de uma universidade pública do Estado da Bahia. Este estudo realizará cinco inquéritos, perfazendo 10 anos de monitoramento (2010 a 2018. A amostra é estratificada e proporcional aos cursos de graduação presenciais, período de estudo (noturno e diurno e ano de ingresso na universidade. Por fim, os estudantes universitários são selecionados em cada estrato, por meio da lista de matrícula em ordem alfabética. Para obtenção das informações é utilizado um questionário estruturado, com as seguintes seções: indicadores sociodemográficos; indicadores do estilo de vida e saúde; hábitos alimentares e controle do peso corporal; atividades físicas e opções de lazer; comportamentos preventivos; e, indicadores do ambiente e condições de aprendizagem. O pioneirismo do Estudo MONISA poderá auxiliar no esclarecimento de possíveis tendências relacionadas à saúde de estudantes universitários brasileiros e subsidiar informações para propor programas ou projetos de promoção da saúde e qualidade de vida em nível organizacional local.The objective is to present the characteristics and methodological procedures adopted in the MONISA Study (Surveillance of health and quality of life indicators of college students. This is a prospective, panel type study, with biannual surveys of representative samples of undergraduate students at a public university in the State of Bahia, Brazil. This study carried out five surveys, totaling 10 years of monitoring (2010-2018. The sample is stratified and proportional to the courses, study period (day and night and year of attending university. Finally, college students are selected at each stratum

  1. Using Cesium-137 technique to study the characteristics of different aspect of soil erosion in the Wind-water Erosion Crisscross Region on Loess Plateau of China

    Energy Technology Data Exchange (ETDEWEB)

    Li Mian E-mail: hnli-mian@163.com; Li Zhanbin; Liu Puling; Yao Wenyi

    2005-01-01

    The most serious soil erosion on Loess Plateau exists in the Wind-water Erosion Crisscross Region. In the past 20 years, the types and intensity of soil erosion and its temporal and spatial distribution were studied, but studies on the difference of soil erosion between slope aspects and slope positions in this area have no report. However, it is very important to analyze and evaluate quantitatively the characteristics of different aspects and positions of soil loss for the prevention and treatment of soil erosion in this area. The spatial pattern of net soil loss on 4 downslope transects in four aspects (east, west, south and north) on a typical Mao (round loess mound) in Liudaogou catchment in Wind-water Erosion Crisscross Region was measured in 2000 using the resident cesium-137 deficit technique. The purposes of this investigation were undertaken to determine whether or not {sup 137}Cs measurement would give a useful indication of the extent of soil loss and their characteristics from cultivated hillsides in different slope aspect and slope position in the study area. The results showed that the difference of soil erosion in different aspect was significant and the erosion rate was in this order: north>east>south>west. Compared with other areas, the difference of erosion rate between north hillside and south hillside was on the contrary, and the possible explanations could be the effect of wind erosion. Also, the percentage of wind erosion was estimated to be at least larger than 18% of total soil loss by comparing the difference of erosion amount in south hillside and north hillside. The erosion rates on different slope positions in all aspects were also different, the highest net soil loss occurred in the lower slope position, and the upper and middle slope positions were slight. The general trend of net soil loss on sloping surface was to increase in fluctuation with increasing downslope distance.

  2. O perfil dos ortodontistas em relação aos aspectos odontolegais dos prontuários odontológicos The profile of orthodontists in relation to the legal aspects of dental records

    Directory of Open Access Journals (Sweden)

    Giovanni Garcia Reis Barbosa

    2010-04-01

    danos de acessórios ortodônticos. Contudo, algumas práticas ainda precisam ser adotadas, tais como: coleta da assinatura dos pacientes em caso de danos em acessórios ortodônticos e arquivo de cópia de prescrição medicamentosa e atestados.OBJECTIVE: The purpose of this study was to acquire knowledge about the key legal aspects of orthodontic practice, which may be used as important defense tools in the event of ethical and/or legal actions. METHODS: A cross-sectional study was conducted with dentists in Belo Horizonte, Minas Gerais State, Brazil, by means of a specific instrument (questionnaire addressing the ethical and legal disputes that involve the orthodontic specialty. Participants were asked to fill out the following questionnaire fields: personal identification, academic background, orthodontic accessories, oral hygiene, treatment plan, service provision, orthodontic documentation, drug prescription and forms of communication with patients, among others. RESULTS: A total of 237 orthodontists, all members of the Regional Council of Dentistry, Minas Gerais State (CRO-MG and living in Belo Horizonte, were given the data collection instrument. Out of this total, 69 (29.11% answered and returned the questionnaires. Of the 69 respondents, 57.97% were male and 42.03% female. It was found that 52.17% of these professionals graduated from Higher Education Institutions (ISEs. It was observed that 34.78% of these orthodontists completed specialization between 5 and 10 years after graduation. Most professionals (94.2% enter into their medical records information about any damage caused to the orthodontic accessories used by their patients and 53.62% of the orthodontists keep their patients' orthodontic documentation on file throughout their active professional life. CONCLUSIONS: This study revealed that some analysis parameters were very satisfactory, such as: the availability of service provision contract models, communication with patients and/or their lawful

  3. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  4. TO THE QUESTION OF THE LEGAL NATURE OF MARRIAGE

    OpenAIRE

    Bondov S. N.

    2014-01-01

    The article is devoted to the analysis of various approaches to the main definitions of a family law, such as marriage, family, and marriage legal relationship. In the article we profoundly considered the legal aspects of a procedure of marriage as the act of registration of marriage is the basis of emergence of marriage legal relationship. The conditions and the bases of marriage are characterized. We made a conclusion that marriage is a legal fact establishing, changing or stopping the corr...

  5. ANALYSIS OF NORMATIVE-LEGAL BASE OF REGULATION THE RUSSIAN ADVERTISING MARKET

    Directory of Open Access Journals (Sweden)

    Ekaterina F. Devochkina

    2014-01-01

    Full Text Available The article contains analysis of normative-legal base of Russian advertisingcompanies business. Also the problem of absence the legal system is consecrated.The author mentioned comparative characteristics of advertising legal system ofdifferent years.

  6. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  7. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  8. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  9. Extension of the beam theory for polymer bio-transducers with low aspect ratios and viscoelastic characteristics

    International Nuclear Information System (INIS)

    Du, Ping; Lin, I-Kuan; Zhang, Xin; Lu, Hongbing

    2010-01-01

    Polydimethylsiloxane (PDMS)-based micropillars (or microcantilevers) have been used as bio-transducers for measuring cellular forces on the order of pN to µN. The measurement accuracy of these sensitive devices depends on appropriate modeling to convert the micropillar deformations into the corresponding reaction forces. The traditional approach to calculating the reaction force is based on the Euler beam theory with consideration of a linear elastic slender beam for the micropillar. However, the low aspect ratio in geometry of PDMS micropillars does not satisfy the slender beam requirement. Consequently, the Timoshenko beam theory, appropriate for a beam with a low aspect ratio, should be used. In addition, the inherently time-dependent behavior in PDMS has to be considered for accurate force conversion. In this paper, the Timoshenko beam theory, along with the consideration of viscoelastic behavior of PDMS, was used to model the mechanical response of micropillars. The viscoelastic behavior of PDMS was characterized by stress relaxation nanoindentation using a circular flat punch. A correction procedure was developed to determine the load–displacement relationship with consideration of ramp loading. The relaxation function was extracted and described by a generalized Maxwell model. The bending of rectangular micropillars was performed by a wedge indenter tip. The viscoelastic Timoshenko beam formula was used to calculate the mechanical response of the micropillar, and the results were compared with measurement data. The calculated reaction forces agreed well with the experimental data at three different loading rates. A parametric study was conducted to evaluate the accuracy of the viscoelastic Timoshenko beam model by comparing the reaction forces calculated from the elastic Euler beam, elastic Timoshenko beam and viscoelastic Euler beam models at various aspect ratios and loading rates. The extension of modeling from the elastic Euler beam theory to the

  10. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

  11. Victimological aspect of a corruption deal

    Directory of Open Access Journals (Sweden)

    Anna A. Ivanova

    2015-12-01

    Full Text Available Objective to present the author39s concept of the victimological aspect of corruption crime. Methods dialectical method of cognition mainly the systemic approach analysis. Results the article discusses the concept of corruption deal as an unlawful act statutory offence bribery and subornation law abuse by the authorized entity. The illegal most common and manipulative types of corruption deals and their mechanisms are defined as well as the ways of their implementation which include mutually beneficial bilateral trade extortion and initiative active bribery. The diverse negative effects of corruption on the legal relationships are proved. The danger of the crime deal is shown as the factor of corrupt behavior and active means of formation of corruption networks which increases victimogenity of corruption acts doing harm not only to physical but also legal entities. In accordance with this the point of view supported and proved that it is necessary to expand the notion of victim of corruption offences to legal persons. The conclusion is made about the feasibility of a legal assessment of corruption deals as a qualifying feature of a criminal offense. Scientific novelty the article justifies the author39s position in relation to an assessment of corruption victimization of the deal victimological characteristic of a corrupt deals victim are given critical analysis of basic victimological concepts is made to identify the potential corrupt deals victims and ensure victim safety. Practical significance the idea is expressed of reorienting public consciousness views on corruption as a way of solving problems of changing tolerance to corruption due to which the legal subjects become victims of corrupt deals of amending the anticorruption policies towards more careful attention to the protection of the legal relations subjects against the corruption threat. nbsp

  12. Legal Considerations for International Collaborative Research Contract

    International Nuclear Information System (INIS)

    Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

    2007-01-01

    Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section

  13. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  14. Attitudes towards drug legalization among drug users.

    Science.gov (United States)

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

    Research shows that support for legalization of drugs varies significantly among different sociodemographic and political groups. Yet there is little research examining the degree of support for legalization of drugs among drug users. This paper examines how frequency and type of drug use affect the support for legalization of drugs after adjusting for the effects of political affiliation and sociodemographic characteristics. A sample of 188 drug users and non-drug users were asked whether they would support the legalization of marijuana, cocaine, and heroin. Respondents reported their use of marijuana, crack, cocaine, heroin, speedball, and/or methamphetamines during the previous 30 days. Support for legalization of drugs was analyzed by estimating three separate logistic regressions. The results showed that the support for the legalization of drugs depended on the definition of "drug user" and the type of drug. In general, however, the results showed that marijuana users were more likely to support legalizing marijuana, but they were less likely to support the legalization of cocaine and heroin. On the other hand, users of crack, cocaine, heroin, speedball, and/or methamphetamines were more likely to support legalizing all drugs including cocaine and heroin.

  15. Interrelation of the concepts «legal influence» and «administrative-legal influence»

    OpenAIRE

    Голуб, Віктор Олександрович

    2014-01-01

    The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

  16. Psychological, clinical and social characteristics of patients implementing different types of aggression in the hospital (gender aspect

    Directory of Open Access Journals (Sweden)

    Bulygina V.G.

    2015-11-01

    Full Text Available Results of the comparative analysis of clinical, social and psycho-pathological predictors of violations of the regime requirements, physical and verbal aggression among mentally ill women and men during the compulsory treatment are presented. It is revealed that the type of aggression in women sample significantly more frequently associated with clinical and social and pathopsychological characteristics: emotional unstable stew, learned in childhood and adolescence behavioral model of aggression and the severity of hostility and suspicion; the inertia of mental processes combined with low level of the cognitive functioning and a violation of insight in a broad sense. Among men – with the emotional and personal deformation, which were revealed before the beginning of illness, the decline in cognitive functioning and undeveloped links in the regulation of behavior, high level of aggressiveness in communication, internal conflict combined with the rigidity of self-concept. The authors concluded that assessment of risk factors from hospital-acquired aggression is an independent psycho-diagnostic work that needs to be provided with special tools, aimed whilst on the study of individual psychological characteristics of the regulation of behavior, strategies coping, communication installations and the treats of the aggression, as well as subjective ratings of social functioning in the hospital.

  17. Descriptive analysis of bacon smoked with Brazilian woods from reforestation: methodological aspects, statistical analysis, and study of sensory characteristics.

    Science.gov (United States)

    Saldaña, Erick; Castillo, Luiz Saldarriaga; Sánchez, Jorge Cabrera; Siche, Raúl; de Almeida, Marcio Aurélio; Behrens, Jorge H; Selani, Miriam Mabel; Contreras-Castillo, Carmen J

    2018-02-21

    The aim of this study was to perform a descriptive analysis (DA) of bacons smoked with woods from reforestation and liquid smokes in order to investigate their sensory profile. Six samples of bacon were selected: three smoked bacons with different wood species (Eucalyptus citriodora, Acacia mearnsii, and Bambusa vulgaris), two artificially smoked bacon samples (liquid smoke) and one negative control (unsmoked bacon). Additionally, a commercial bacon sample was also evaluated. DA was developed successfully, presenting a good performance in terms of discrimination, consensus and repeatability. The study revealed that the smoking process modified the sensory profile by intensifying the "saltiness" and differentiating the unsmoked from the smoked samples. The results from the current research represent the first methodological development of descriptive analysis of bacon and may be used by food companies and other stakeholders to understand the changes in sensory characteristics of bacon due to traditional smoking process. Copyright © 2018 Elsevier Ltd. All rights reserved.

  18. Health aspects, nutrition and physical characteristics in matched samples of institutionalized vegetarian and non-vegetarian elderly (> 65yrs

    Directory of Open Access Journals (Sweden)

    Hebbelinck Marcel

    2011-06-01

    Full Text Available Abstract Background Epidemiological studies indicate that a well balanced vegetarian diet offers several health benefits including a lower prevalence of prosperity diseases in vegetarians compared to omnivores. It was the purpose of the present study to compare nutritional and physical characteristics in matched samples of institutionalized vegetarian (V and non-vegetarian (NV elderly. Methods Twenty-two female and 7 male V (females: 84.1 ± 5.1yrs, males: 80.5 ± 7.5yrs and 23 female and 7 male NV (females: 84.3 ± 5.0yrs, males: 80.6 ± 7.3yrs participated. All subjects were over 65 years of age, and free of major disease or physical handicap. Dietary intake, blood profile, anthropometrics, and handgrip strength were determined. Results Mean daily energy intake was 6.8 ± 2.0MJ in V females, and 8.0 ± 1.4MJ in the NV females, only the V did not reach the recommended value of 7.8 MJ. Male V and NV had a mean daily energy intake of 8.7 ± 1.6MJ and 8.7 ± 1.2MJ respectively (RDI: 8.8 MJ. Mean carbohydrate intake was significantly below the RDI in NV only (female V: 47.8 ± 7.5E%, female NV: 43.3 ± 4.6E%, male V: 48.1 ± 6.4E%, male NV: 42.3 ± 3.6E%, while protein (female V: 17.3 ± 3.4E%, female NV: 19.5 ± 3.5E%, male V: 17.8 ± 3.4E%, male NV: 21.0 ± 2.0E%, and saturated fat intake (female V: 25.4 ± 8.2 g/day, female NV: 32.2 ± 6.9 g/day, male V: 31.4 ± 12.9 g/day, male NV: 33.4 ± 4.7 g/day were too high in both V and NV. Mean micronutrient intakes met the RDI's in all 4 groups. Mean blood concentrations for vitamin B12, folic acid, iron, and calcium were normal in all 4 groups. Mean zinc blood serum was below the reference value in all groups, whereas estimated zinc intake was in agreement with the RDI. The mean blood cholesterol concentration was above the 200 mg/dl upper limit in the V group (213 ± 40 mg/dl and below that limit in the NV (188 ± 33 mg/dl group. Mean BMI was 26.1 ± 4.7 kg/m2 in the female V, 26.8 ± 3.7 kg/m2 in

  19. THE LEGAL ARRANGEMENT OF WAGE PROTECTION BASED ON THE PRINCIPLE OF LEGAL CERTAINTY

    Directory of Open Access Journals (Sweden)

    Yetniwati

    2016-05-01

    Full Text Available The wage protection in Indonesian positive law is still not provide legal certainty for the weaker party in the aspect of social economic. In every anniversary of May Day, labor union always demanded to abolish the wage cost, which the Government Regulation No. 78 Year 2015 leanihg to the interests of investors. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of wage protection, lack of certainty purpose of law, established by the competent authorities, accepted by society, legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, and avoid multiple interpretations in legal norms.

  20. Legal protection of the whistleblowers

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2017-12-01

    Full Text Available The importance of prevention in the fight against corruption is indisputable. However, prevention is effective and sustainable if it works, meaning that tools and strategies that are fit to achieve this goal need to be identified. The regulation of persons who give integrity warnings (whistleblowers and, in this context, their legal protection are part of efforts to identify such instruments. The present study reveals aspects of the evolution of regulation for those who give integrity warnings in Romania and the world in an attempt to identify solutions for this instrument itself to become effective in preventing corruption.

  1. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.

  2. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

    Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...

  3. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  4. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  5. Ethical and Legal Responsibilities of Counselors.

    Science.gov (United States)

    Glennen, Robert E.

    In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)

  6. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  7. Legal Abortion: Are American Black Women Healthier Because of It?

    Science.gov (United States)

    Cates, Willard, Jr.

    1977-01-01

    Reviews various aspects of legal abortion, including attitudes, practices, mortality and effects, as they relate to black American women. States that black women have shared in the health benefits accompanying the increased availability of legal abortion, probably to an even greater extent than white women. (Author/GC)

  8. Part 1: Medico-legal documentation South African Police Services ...

    African Journals Online (AJOL)

    Valid medico-legal consent differs from medical consent. Knowledge of legislation pertaining to child pornography and the practical and ethical aspects of photography is also necessary. Inappropriate completion of medico-legal documentation may necessitate the practitioner having to explain the documentation to make it ...

  9. Institutional and socioeconomic aspects of water supply

    Science.gov (United States)

    Rauchenschwandtner, H.; Pachel, M.

    2012-04-01

    Institutional and socioeconomic aspects of water supply Within the project CC-WaterS the participating researchers of the Vienna University of Economics and B.A. have been responsible for the analysis of the socioeconomic aspects related to water supply and climate change, the assessment of future water demands in the City of Vienna, as well as an estimation of economic consequences of possible water shortages and possible scope for the introduction of new legal guidelines. The institutional and socioeconomic dimensions of drinking water and sanitation systems are being examined by utilisation of different prognostic scenarios in order to assess future costs of water provisioning and future demands of main water users, thus providing an information basis and recommendations for policy and decision makers in the water sector. These dimensions, for example, include EU legislation - especially the Water Framework Directive -, national legislations and strategies targeted at achieving sustainability in water usage, best practices and different forms of regulating water markets, and an analysis of the implications of demographic change. As a basis this task encompasses research of given institutional, social, and legal-political structures in the area of water supply. In this course we provide an analysis of the structural characteristics of water markets, the role of water prices, the increasing perception of water as an economic good as well as implications thereof, the public awareness in regard to climate change and water resources, as well as related legal aspects and involved actors from regional to international level; and show how water resources and the different systems of water provisioning are affected by (ideological) conflicts on various levels. Furthermore, and in order to provide a solid basis for management recommendations related to climate change and water supply, an analytical risk-assessment framework based on the concepts of new institutional

  10. Criminal Aspects of Pornography

    OpenAIRE

    Svoboda, Filip

    2015-01-01

    Criminal Aspects of Pornography Summary The main purpose of this thesis is to introduce the phenomenon of pornography in terms of criminal law, to point out flaws in the current relevant criminal legislation in the Czech Republic and to propose a possible solution in a form of potential legislative changes. The thesis is composed of five chapters. The first chapter deals with definition issue of vague legal term of "pornography" and other related terms ("child pornography", "hardcore pornogra...

  11. LNG project - contractual aspects

    Energy Technology Data Exchange (ETDEWEB)

    Goncalves, Bruno Almeida

    2008-07-01

    This paper intends to provide from the legal point of view an outline of the main challenges of a LNG project in the upstream, regulatory aspects, liquefaction, financing and midstream through a basic checklist; an overview of the contractual complexity of a LNG project; some basic discussion of particular LNG contract clauses; and a comparative analysis between the classic clauses of a Gas Transportation Agreement (GTA) through a gas pipeline and LNG logistic. (author)

  12. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  13. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  14. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing

  15. Medicação: aspectos ético-legais no âmbito da enfermagem Medicación: aspectos ético-legales en lo contexto de la enfermería Medication: ethical and legal aspects for nursing

    Directory of Open Access Journals (Sweden)

    Flávio Trevisani Fakih

    2009-02-01

    Full Text Available Este artigo trata dos deveres e responsabilidades dos profissionais de enfermagem frente ao processo de medicação. A partir de um levantamento acerca da legislação vigente, os autores realizam considerações sobre as implicações legais que incidem sobre os profissionais de enfermagem, especialmente aquelas relacionadas aos desvios na qualidade da assistência e que envolvem a medicação, bem como sobre as contradições que a legislação apresenta e que cerceiam o acesso às informações sobre os medicamentos a esses profissionais.El presente articulo trata de los deberes y responsabilidades de los profesionales de enfermería adelante al proceso de medicación. A partir de una revisión de la legislación vigente, los autores hicieran consideraciones acerca de las implicaciones legales que pueden incidir en los profesionales de enfermería, especialmente aquellas relativas a los desvíos en la calidad de la asistencia y que envuelven la medicación, así como las contradicciones que la legislación presenta y que cercean el acceso a las informaciones sobre los medicamentos por parte de eses profesionales.This article treats of the duties and responsibilities of nursing staff concerning medication process. From a survey about the valid legislation, the authors made considerations about the legal implications to the nursing staff, especially related to the assistance quality detours involving the medication process, as well as the contradictions in law that restrict the information access about medication to these professionals.

  16. Analysis of the legal aspects in public tender electronic made by PETROBRAS through the system Petronect under Decree no. 2.745/98; Analise da juridicidade das licitacoes eletronicas feitas pela PETROBRAS atraves do sistema Petronect nos termos do decreto 2.745/98

    Energy Technology Data Exchange (ETDEWEB)

    Prestes, Madelon Rocha Ribeiro [Transportadora Brasileira Gasoduto Bolivia-Brasil S.A. (TBG), Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This work examines the question of possible of use an electronic tool through internet, the Petronect, to facilitate the completion of procedures to carry through licitations for the PETROBRAS Group that is being debated in diverse instances in the Brazilian present time. This analysis should take into account the existing law on licitations, the constitutionality of Decree 2.745/98, as well as economic facts. Due to the understanding of TCU - expressed on several occasions - in the sense that PETROBRAS would be required to use the Law 8.666/93 in its bids, is being challenged the constitutionality of Decree 2.745/98 and their use for licitations procedures. They will be examined the conceptual and legal aspects of the decree, and the relationship and the importance of the function for the Group Purchases damage. Thus, the analysis will cover the new issues raised by EC 19/98, the constitutionality of the decree, the position of the Court of Auditors of the Union and the Federal Supreme Court (STF) and the legislation published on this subject. The existing conclusion in this work shows how right - under the optical legal and constitutional - the use of the portal Petronect to carry out the licitations of PETROBRAS under Decree 2.745/98 and non-use of Law 8.666/93, for this is not appropriate to the specific activity of company. (author)

  17. Legality of Tawarruq in Islamic Finance

    Directory of Open Access Journals (Sweden)

    Nur Yuhanis Bt Ismon

    2012-01-01

    Full Text Available Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia.Method – The method used for this research is comparative analysis.Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME in dealing with commodity transaction through Tawarruq principle.Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction.Keywords: Tawarruq, Murabahah

  18. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  19. Legal and regulatory framework of Uranium's enrichment

    International Nuclear Information System (INIS)

    Antelo, Josefina; Figueredo, Micaela S.; Mangone, Gisela P.; Manin, Maria L.; Pota, Luciana F.

    2009-01-01

    The object of this paper is to develop the legal aspects referred to the activities of uranium's enrichment, in order to achieve the pacific use of nuclear energy and to obey treatments, agreements and international conventions in which Argentine is party and through them assumes the non proliferation's commitment. In this context, we will develop the rights and obligations established in those legal instruments, as well as the juridical concerns of the eventual subscription of Argentine to the Additional Protocol approved by the Board of Governors in 1997. (author)

  20. Aspectos legales del uso de drogas ilícitas en México Aspectos legais do uso de drogas ilícitas no México Illegal aspects of illicit drugs use in Mexico

    Directory of Open Access Journals (Sweden)

    Ruth Magdalena Gallegos Torres

    2009-01-01

    Full Text Available El objetivo del estudio fue conocer las opiniones de un grupo de personas sobre aspectos legales en materia de adicción. Se trata de un estudio descriptivo transversal; se aplicó una encuesta estructurada, formada por 4 apartados. Uno de los criterios para participar fue que la persona no consumiera drogas y que conociera a alguien cercano que las consumía. Los datos obtenidos se procesaron en el paquete estadístico SPSS V. 14. Participaron 100 sujetos, en el cual, 75% eran del género femenino, 38% tenían una relación de amistad con un usuario de drogas ilícitas, el cual consumía mayoritariamente marihuana y cocaína. Como opinión general, se sugiere que las leyes sean más rigurosas para quienes consumen, venden o transportan drogas. Las leyes actuales no mejoran la conducta criminal de los consumidores. Es importante realizar otros estudios, de opinión sobre este fenómeno, que puedan ofrecer una visión más real del problema de las drogas.Este estudo teve como objetivo conhecer as opiniões de um grupo de pessoas sobre questões jurídicas no domínio dos vícios. É estudo transversal, descritivo. Para o levantamento, foi utilizado um questionário estruturado com quatro temas. Um dos critérios para a participação era de que a pessoa não usasse drogas e que tivesse alguém próximo que usasse. Os dados foram processados usando SPSS V. 14. Participaram 100 indivíduos, dos quais 75% eram do sexo feminino, 38% tinham relação amigável com um usuário de drogas ilícitas, principalmente consumidores de maconha e cocaína. Como opinião geral sugeriram que as leis deviam ser mais punitivas para aqueles que consomem, vendem ou transportam drogas. As leis vigentes não melhoram o comportamento criminoso dos consumidores. É importante conduzir estudos de opinião sobre o fenômeno para que se possa ter visão mais realista do problema do consumo de droga.The objective of this cross-sectional, descriptive study was to obtain the

  1. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  2. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  3. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  4. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...

  5. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  6. Separation of energy companies. Judicial aspects. Fiscal aspects of unbundling

    International Nuclear Information System (INIS)

    Slotboom, M.M.; Ter Heegde, A.

    2005-01-01

    There is much discussion in the Netherlands about the plan of the Dutch government to separate (unbundle) energy companies into a commercial energy supply business and a network business. In a series of articles attention will be paid to the legal aspects of the separation (unbundling) [nl

  7. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  8. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

    This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.

  9. Custom: The Development and Use of a Legal Concept in the Middle Ages

    DEFF Research Database (Denmark)

    - political, social, intellectual, and legal -international eminent scholars offer their views on central aspects of the function of legal customs and of the development of one of the most debated concepts in legal historiography of the last century. Students and scholars of European legal history and legal...... culture and of medieval history in general should find this collection of essays a useful contribution to the continuing discussion about the development of European law, legal principles and notions of justice. Contents: Preface Introduction / John G. H. Hudson (University of St Andrews) Law and custom...

  10. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

    The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.

  11. Aspectos ético-legales y consideraciones anestésicas de la terapia transfusional en el paciente Testigo de Jehová Ethicolegal aspects and anaesthetic considerations of transfusional therapy in a Jehovah's Witness patient

    Directory of Open Access Journals (Sweden)

    Marilét Muradás Augier

    2008-03-01

    Full Text Available La terapia transfusional es un tema muy controvertido de la actualidad y suscita el interés de muchos médicos por las complicaciones y los conflictos éticos con los que se asocia. Esta revisión se realizó con el objetivo de plantear el dilema ético que enfrenta el médico en la atención de los pacientes Testigos de Jehová y las posibles soluciones tanto en el plano ético como profesional. Consideramos importante poner en práctica las alternativas de la terapia transfusional en los pacientes Testigos de Jehová, respetando la libertad religiosa de ellos y las normas deontológicas de nuestra profesiónTransfusional therapy is a very controversial topic nowadays that raises the interest of many physicians due to the complications and ethical conflicts with which it is associated. This review was made aimed at stating the ethical dilemma faced by the physicians on giving attention to the Jehovah's Witness patients, and the possible solutions in the ethical and professional aspects. It is important to put into practice the alternatives of transfusional therapy in the Jehovah's Witness patients, respecting their religious freedom and the deontological norms of our profession

  12. LEGAL ASPECTS REGARDING THE COOPERATION UNDER THE AGREEMENT BETWEEN THE GOVERNMENT OF ROMANIA AND THE GOVERNMENT OF HUNGARIAN REPUBLIC ON THE COOPERATION FOR THE TRANSBOUNDARY WATERCOURSES PROTECTION AND SUSTAINABLE USE CASE STUDY: BARCĂU RIVER BASIN

    Directory of Open Access Journals (Sweden)

    A.E. PETTER

    2011-03-01

    Full Text Available By presenting the legalaspects of the Agreement between the Government of Romania and theGovernment of Hungarian Republic on the cooperation for the transboundarywatercourses protection and sustainable use implemented through the jointRegulations, the collaboration details between the two countries are established,underlining the most important objectives of it.The case study shows the implementation of the general aspects in theBarcău/Berettyó River Basin, namely: the meteorology and hydrology data andinformation mutual transmission, water quality common assessment by theevaluation of the physical-chemical and biological results of the analysesperformed on water samples commonly, the presentation of the water samplingand flow rate measurement sections, of the intervention sections in case of oilproducts accidental pollution and the hydrometric stations, their placement on thewatercourses, the flood protection elevations and the transmission frequency of theelevations during special situations and the flood common assessment.The concept of river basin water management according to the Water FrameworkDirective (2000/60/CE is better illustrated within the transboundary areas, whentwo or more countries have to jointly manage the same water resource withoutprejudices on any party. The idea of “river basin solidarity” must have theprecedence, when the dialog and the communication have an important role.

  13. [Legal consequences in cases of child abuse].

    Science.gov (United States)

    Clauß, D; Richter, C; Klohs, G; Heide, S

    2013-09-01

    Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse. © Georg Thieme Verlag KG Stuttgart · New York.

  14. Corneal Transplants - an overview with an emphasis on legal ...

    African Journals Online (AJOL)

    A healthy cornea is an essential component of clear vision. Any condition that distorts the clarity of the cornea to a greater extent has to be treated by keratoplasty. This article discusses by large about the various aspects of corneal transplants like modes of storage and their legal aspects with an emphasis on the scenario in ...

  15. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  16. Aspectos técnicos e legais do gerenciamento de resíduos químico-farmacêuticos Technical and legal aspects on management of chemical and pharmaceutical residues

    Directory of Open Access Journals (Sweden)

    Eric de Souza Gil

    2007-03-01

    Full Text Available O risco ambiental decorrentes da geração de resíduos tem aumentado com o progresso tecnológico, bem como com o aumento populacional. Destacam-se, neste contexto, os riscos potenciais decorrentes da rotina de indústrias químico-farmacêuticas, bem como de laboratórios de ensino e pesquisa associados. Por esta razão, vários projetos visando à otimização do tratamento de resíduos industriais e/ou laboratoriais vêm sendo propostos. A presente revisão apresenta uma síntese das estratégias implantadas no sentido de minimizar ou solucionar problemas relacionados ao manejo dos resíduos, provenientes de indústrias, instituições de pesquisa e ensino, entre outros potenciais geradores de resíduos. Apresentam-se as diretrizes legais mais gritantes e alguns aspectos técnicos relacionados à segregação, acondicionamento, tratamento e descarte final destes resíduos.The environmental risks from waste production has arisen with the technological progress, as well as with the world population increase. The risks from the industrial or academic routines in pharmaceutical or fine chemical plants and projects are remarkable. For this reason, many projects focusing on the optimization of waste treatment in these places have been proposed. This paper, reviews some of the main strategies introduced, in order to solve or decrease the problems, in the management of pharmaceutical-chemical wastes in industry, universities, among other potential kind of waste generators. The main regulatory and technical aspects, associated to segregation, packaging, treatment and final disposal of these wastes are presented.

  17. Legality in Cyberspace: An Adversary View

    Science.gov (United States)

    2014-03-01

    comes from those who note that it is a blunt instrument whose flawed imple- mentation has serious unintended consequences—for instance, blocking...the enemy, by intelligence gathering, while developing and test - ing one’s own IW weapons.61 This is a departure from previous Russian views of the...pects,” Defence IQ , August 2013, available from www.defenceiq.com/ cyber-defence/white-papers/cyber-weapons-legal-and-strategic-aspects/. 81. Giles

  18. Indian legal system and mental health

    OpenAIRE

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and...

  19. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.

  20. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

    Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

  1. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  2. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  3. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

  4. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  5. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  6. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  7. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  8. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...

  9. Denial of abortion in legal settings.

    Science.gov (United States)

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-07-01

    Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  10. Features of Legal and Social Policy of Germany Regarding "Young Grown-ups" with Migrational Background

    Directory of Open Access Journals (Sweden)

    Aruin S.E.,

    2014-11-01

    Full Text Available The article explains the concept of "young adults" from the point of view of law enforcement and social practices in Germany, designed to help and support this population in legally relevant situations, such as criminal justice, prevention of illegal behavior and criminal involvement, problems of social integration. We provide a characteristic of the social and psychological characteristics of this group of young people, allowing to include them in the system of juvenile justice. We present the data on the nature of the crime of young adults, including those with a migration background, and on the kinds of social control and legal sanctions against them. We present models and the specific experience of working in state, municipal and non-governmental organizations with young adults in need of re-socialization and further integration into society. The comparative aspect of this problem is considered from the standpoint of the Russian legal and social policy for young adults in conflict with the law.

  11. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).

  12. CRIMINAL LAW RESPONSIBILITY OF LEGAL ENTITIES IN TURKEY

    Directory of Open Access Journals (Sweden)

    Berrin Akbulut

    2017-12-01

    Full Text Available According to Turkish Law, only natural persons can be counted as perpetrators. Due to their characteristics, legal entities cannot directly commit crimes and cannot be perpetrators. Nevertheless, the criminal liability of the legal entities due to the actions of the persons who act on behalf of legal entities had been a hot topic until the Turkish Penal Code no 5237 came into force. Provisions about the legal entities’ criminal liability in several penal codes other than the abovementioned Turkish Penal Code were another matter of the debates. Further, the Constitutional Court of Turkey held that legal entities’ criminal responsibility was not unconstitutional. In the Code No 5237 that came into force on the 1st of June, 2005; it was explicitly stated that legal entities cannot be imposed with penal sanctions. Since criminal responsibility is personal, the legal entities, which do not have any ability to commit an offence, cannot be punished due to the actions of persons who act on behalf of legal entities. In other respects, according to article 20 of the Turkish Penal Code, security measures can be applied to legal entities whereas penal sanctions cannot be applied. By Turkish Penal Code Art 20, provisions regarding legal entities’ criminal responsibility in other penal codes were repealed. However, it is hard to claim that the debate regarding criminal responsibility of legal entities is over for the doctrine. The security measures to be imposed on legal entities are prescribed in Art 60 of the Turkish Penal Code. Security measures to be imposed within Art 60 are following: Cancellation of permit and confiscation. In this paper, the conditions for legal entities’ security measure responsibility; the debates in this regard and the provisions made will be examined.

  13. Estudo Pró-Saúde: características gerais e aspectos metodológicos The Pro-Saude Study: general characteristics and methodological aspects

    Directory of Open Access Journals (Sweden)

    Eduardo Faerstein

    2005-12-01

    Full Text Available Neste artigo, relatamos as motivações e características do Estudo Pró-Saúde enfatizando aspectos temáticos e metodológicos. Estudos longitudinais de populações "saudáveis" em idade laboral nas grandes metrópoles brasileiras são ainda escassos. Nessas metrópoles, a vida contemporânea pode modificar características de várias exposições e possivelmente seus efeitos; por outro lado, as condições vigentes de vida e trabalho de seus habitantes impõem dificuldades especiais à condução de estudos de coorte, com previsão de longo período de acompanhamento, em amostras da população geral. Populações de funcionários públicos apresentam patamar de escolaridade que permite a utilização de métodos eficientes de coleta de dados (por exemplo, autopreenchimento de questionários, heterogeneidade socioeconômica, e estabilidade do vínculo de trabalho que facilita o seguimento. Serão acompanhados 3.253 funcionários de uma universidade pública no Rio de Janeiro, que participaram da coleta de dados de base (fases 1 e 2, 1999-2001. Foram aplicados questionários autopreenchíveis e aferidos peso, altura, circunferência da cintura e pressão arterial. O estudo tem como foco principal a investigação de determinantes sociais da saúde. São detalhadamente investigados marcadores de posição socioeconômica, raça/etnia, religião, história conjugal e de migração. Enfatiza-se a aferição de indicadores relativos, como desigualdade e trajetórias sociais, e efeitos contextuais das áreas de residência e setores de trabalho. Finalmente, busca-se abordar temas ainda pouco explorados em nosso meio, como rede e apoio social, estresse no trabalho e experiência de discriminação.In his paper, we report the motivations and characteristics of the Pro-Saude Study with emphasis on its scope and methods. Longitudinal studies of "healthy" populations of working age in Brazilian large cities are still scarse. In these settings, aspects

  14. The ethical aspects of mass communication

    OpenAIRE

    Наталья Ивановна Клушина

    2014-01-01

    This article focuses on the ethical aspects of mass communication and key trends of russian media language. The author analyses ethics and law in modern journalism, culture of speech in media discourse, intentional, structural and social aspects of mass communication. Ethics of mass communication presupposes the observance of legal and moral norms, social responsibility and respect for the audience.

  15. The ethical aspects of mass communication

    Directory of Open Access Journals (Sweden)

    Наталья Ивановна Клушина

    2014-12-01

    Full Text Available This article focuses on the ethical aspects of mass communication and key trends of russian media language. The author analyses ethics and law in modern journalism, culture of speech in media discourse, intentional, structural and social aspects of mass communication. Ethics of mass communication presupposes the observance of legal and moral norms, social responsibility and respect for the audience.

  16. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

    Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

  17. Positive Legal Responsibility in the Family Law

    Directory of Open Access Journals (Sweden)

    Pavel A. Matveev

    2014-03-01

    Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.

  18. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  19. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  20. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  1. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  2. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  3. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

    In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...

  4. Medical error disclosure and patient safety: legal aspects

    Directory of Open Access Journals (Sweden)

    Olivier Guillod

    2013-12-01

    Full Text Available Reducing the number of preventable adverse events has become a public health issue. The paper discusses in which ways the law can contribute to that goal, especially by encouraging a culture of safety among healthcare professionals. It assesses the need or the usefulness to pass so-called disclosure laws and apology laws, to adopt mandatory but strictly confidential Critical Incidents Reporting Systems in hospitals, to change the fault-based system of medical liability or to amend the rules on criminal liability. The paper eventually calls for adding the law to the present agenda of patient safety.

  5. Ethical, legal and social aspects of the approach in Sudan

    NARCIS (Netherlands)

    El Sayed, Badria B.; Malcolm, Colin A.; Babiker, Ahmed; Malik, Elfatih M.; El Tayeb, Mohammed A. H.; Saeed, Nageeb S.; Nugud, Abdel Hameed D.; Knols, Bart G. J.

    2009-01-01

    The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local

  6. Ethical, legal and social aspects of the approach in Sudan

    OpenAIRE

    El Sayed, Badria B; Malcolm, Colin A; Babiker, Ahmed; Malik, Elfatih M; El Tayeb, Mohammed AH; Saeed, Nageeb S; Nugud, Abdel Hameed D; Knols, Bart GJ

    2009-01-01

    Abstract The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local levels. The successful application of the sterile insect technique (SIT) for the control of the New World screwworm Cochliomyia hominivorax and several species of fruit flies has given impet...

  7. Medical and legal aspects of teleradiology in Germany

    International Nuclear Information System (INIS)

    Rosenberg, C.; Langner, S.; Rosenberg, B.; Hosten, N.

    2011-01-01

    In teleradiology, imaging data are transferred over a distance. This service is provided for the purpose of consulting or teleradiological reading in the narrower sense. Once a justification has been proposed in the latter, the examination is performed under the responsibility of a radiologist who is not present on site. The need for teleradiology services often derives from sparsely populated areas, a shortage of doctors, or the need for cost-efficient provision of radiological examinations. The providers and recipients of teleradiology services enter into an agreement specifying conditions for data transfer. The German ionizing radiation (medical exposure) regulations demand that the teleradiologist holds radiation protection qualifications and is able to reach the examination site within 45 - 60 minutes. In Germany, teleradiology services are still limited to nights, weekends, and vacations, although the German regulations allow an expansion under certain circumstances. Efforts to fundamentally change radiology in favor of teleradiology are putting the status of a radiological medical act as well as current teaching models at risk, thereby indirectly sustaining physician shortage. Transnational teleradiology services offer the possibility of cost reduction, taking advantage of out-of-hour reading and wage fluctuation. At the same time, such services are associated with deficits in quality and availability of personnel as well as the quality of medical services. In the long-term teleradiology concepts will fundamentally change radiology. Smaller radiology units will concentrate on daily business and fast reporting. Larger units also providing academic teaching can use teleradiology networks to offer specialized readings. (orig.)

  8. Author: M Swanepoel LEGAL ASPECTS WITH REGARD TO ...

    African Journals Online (AJOL)

    user

    Associate Professor, Unisa, School of Law, Department of. Jurisprudence. E-mail: MagdSwanem@unisa.ac.za. 1. Burchell Principles of ..... a result, he lapsed into an automatistic state, during which he began shooting at people in the bar, killing one person. The question was whether the accused had suffered from a mental ...

  9. The Asean Space Organization : legal aspects and feasibility

    NARCIS (Netherlands)

    Noichim, Chukeat

    2008-01-01

    In the 21st century, space activities increasingly affect global society, economy, technology, culture, and the environment. Many countries wish to develop space activities in order to obtain space benefits. However, a lot of them, especially developing countries, face huge obstacles such as lack of

  10. Legal aspects of open access to publicly funded research

    NARCIS (Netherlands)

    Guibault, L.; Margoni, T.

    2015-01-01

    Internet growth, content digitisation, and expanding "big data" and data analytics capabilities have affected the ways in which publicly funded research results are accessed, disseminated and used. While these technological advances have made sharing and processing information easier, that does not

  11. Legal Aspects of a Location-Based Mobile Advertising Platform

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; Gidofalvi, Gyozo

    2008-01-01

    Recent advances in communication and information technology, such as the increasing accuracy of GPS technology and the miniaturization of wireless communication devices pave the road for Location-Based Services. Among these services, mobile advertising is predicted to represent a high yield revenue...... stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...

  12. LEGAL ASPECTS OF THE REGULATORY FRAMEWORK FOR CREDIT RATING AGENCIES

    Directory of Open Access Journals (Sweden)

    Oana Mihaela MARIOARA (ORHEIAN

    2014-06-01

    Full Text Available This article makes an analysis of the main regulations used by the credit rating agencies on the financial market. The article describes the main specific legislation on credit rating agencies existing on the market. Credit rating agencies are issuing independent opinions on the reliability of an entity, of a debt, of financial obligations, or of a certain financial instrument. The credit ratings issued by the credit rating agencies established in the European Union are analysed by investors, debtors, issuers and governments, helping all these entities in making any decisions on investments and financing. These ratings may also serve as reference for determining their own funds, necessary to ensure the solvency or reference helping the investors in assessing any risks related to their investment activities. Rating agencies and the products they offer on the international capital market are subject of various researches, which mainly refer to market structure and organization, to the architecture of agencies` s rating systems, to the rating functions, to the controversies concerning rating activity, the role of rating agencies and rating quality.

  13. Active and intelligent food packaging: legal aspects and safety concerns

    NARCIS (Netherlands)

    Dainelli, D.; Gontard, N.; Spyropoulos, D.; Zondervan-van den Beuken, E.; Tobback, P.

    2008-01-01

    'Active and intelligent' (A&I) food packaging is based on a deliberate interaction of the packaging with the food and/or its direct environment. This article presents: (i) the main types of materials developed for food contact; (ii) the global market and the future trends of active and intelligent

  14. EU Perspective of the Legal and Economic Aspects of Franchising

    OpenAIRE

    Sotiroski, Ljupco

    2016-01-01

    The concept of franchising, most often is defined as a method of marketing of goods and services. Certainly this kind of definition is insufficient. Franchising is more than a method of distribution, a specific way of financial depletion of the meaning without an investment of own capital from franchisee. Franchising system of business people give the required experience and access to methods and enable them to get profit from the reputation of the mark which defined reputation. This paper ai...

  15. LEGAL NIHILISM AS A THREAT TO RUSSIA'S MODERNIZATION (SOCIOLOGICAL ASPECT

    Directory of Open Access Journals (Sweden)

    Yu. V. Krasilnikova

    2010-01-01

    Full Text Available Nihilistic attitude to Law is discussed as one of most serious threats to modernization currently carried out in Russia. «Law nihilism» term is defined, its social forms and influence on political and social development is discussed.

  16. economic and legal aspects related to the utilization of certain

    African Journals Online (AJOL)

    Mendoza (1972) states that the nutritional value of a feed depends not only on its intrinsic quality but also on the use the animal can make of it. The most important function of the feed manufacturer is to process different natural or synthetic ingredients in such a way as to change the potential nutritional level to actual nutri-.

  17. [Deserved punishment? Legal settlement 1945-50. Sociomedical aspects].

    Science.gov (United States)

    Gogstad, A C; Løvold, T V

    1999-06-30

    Following the German occupation during the Second World War, about 92,000 Norwegian citizens were charged with treason and 18,000 sentenced to imprisonment. The prosecution of offenders turned out to be far more extensive and lead to higher social cost than anticipated at the outset. Norway's pre-war prisons were designed to accommodate about 2,000 inmates. With a wave of arrest amounting to 14,000 within a few weeks, it was necessary to establish temporary jails and prison camps staffed by inexperienced guards seconded from the resistance movement and Norwegian military personnel trained in Sweden during the war. A number of infringements of prisoners' civil rights occurred and are recorded in a report from the Director General of Public Prosecution. Medical supervision was very incomplete and accidental. The main prison camp was one of the few regular medical services. Despite the general partial amnesty of 1948, most of the prisoners released during the first post-war years had great problems assimilating into society. As additional punishment, most lost their jobs and certain citizen's rights for a number of years, others had homes and property confiscated, and many became welfare cases.

  18. Legal Aspects of Propaganda and Incitement via Satellite

    Science.gov (United States)

    Achilleas, P.

    2002-01-01

    At the beginning of space broadcasting, the use of satellite for propaganda was feared by most countries. Several studies have shown the potential threat of propaganda via satellite. For these reasons, some delegations tried unsuccessfully to include in the 1967 Outer Space Treaty an article prohibiting space propaganda. Finally, under pressure from the Soviet Union and Brazil, the preamble of the 1967 Treaty refers to the 1947 Resolution 110 (II) of the United Nations General Assembly, which condemns propaganda. International law complements the Outer Space Treaty by expressly condemning certain types of propaganda. International law, through several texts condemns war propaganda aimed at provoking armed conflict as well as subversive propaganda aimed at provoking a Coup d'Etat. With the recent war in Afghanistan, the question of war incitement via satellite was invoked in regard to the channel Al Jazzera which was reproached for encouraging conflict and diffusing the words of Osama Ben Laden calling for holy war against the United States. Here again, international law prohibits war incitement. However, the notion of propaganda and war incitement does not lead to an automatic restriction of information since communication via satellite is also protected by freedom of information. Therefore, in all democratic societies, a balance should be made between freedom of information and protection of public order, national security and international peace. Several examples will be taken in order to illustrate this paper, for example of Al Jazzera accused of war and terrorist incitement, Med TV accused by Turkey of subversive Kurdish propaganda and CNN accused by China of defamatory propaganda.

  19. Legal aspects of the players’ agents licensing system in football.

    Directory of Open Access Journals (Sweden)

    MARIOS PAPALOUKAS

    2007-01-01

    Full Text Available Sport entities have always tried to protect their autonomy from interventions. This status has been seriously put into question by the authorities of the European Communities and especially by the Court of the European Communities. One of the most recent cases where sport authorities were confronted with European competition law, was about the area of players’ agents licenses. In the present, the reader can find a summary of the famous «Piau Case» (C-171/2005 tackling problems such as whether private organisations like F.I.F.A., whose main statutory purpose is to promote football, have a rule-making power, concerning the issuance of these licenses, taking into consideration that these rules do not have a sport-related object but regulate an economic activity that is peripheral to the sporting activity in question and touch on fundamental freedoms.

  20. Plant varieties protection in the European Union: legal aspects

    Directory of Open Access Journals (Sweden)

    Н. Б. Якубенко

    2015-06-01

    Full Text Available Purpose. Reviewing the EU legislation on plant varie­ties protection including documents of the International Union for the Protection of New Varieties of Plants (UPOV that related to the national laws of its member states. Results. Based on the sources processed, the authors give a brief analysis of the basic EU Council Regulation № 2100/94 of 27 July 1994 on Community plant variety rights and regulations of the European Commission adopted to implement it. Basic copyright concepts, features of plant varieties protection in the EU, including those under the UPOV Convention, are also considered. Conclusions. For Ukraine, obtaining full membership in the EU, on the one hand, requires harmonization of its laws with the re­levant EU legislation, on the other – improvement of the present system of plant varieties protection taking into account national interests of Ukraine.

  1. Legal and Practical Aspects of Child Custody, Visitation and ...

    African Journals Online (AJOL)

    Although divorce disrupts the marital bond thereby terminating marital rights and obligations, each parent's obligations to the wellbeing and upbringing of children (custody, visitation rights, and maintenance) persists. This article examines the practice of courts with regard to child custody, visitation rights and obligation to ...

  2. Research in humans: medical, legal, psychological and religious aspects

    Directory of Open Access Journals (Sweden)

    Silvia Helena de Carvalho Sales Peres

    2008-01-01

    Full Text Available cometidas em pesquisa, com princípios inerentes a qualquer código de ética ou deontológico. Porém, os valores moraisdiferem de uma sociedade para outra, gerando dilemas que envolvem revolução tecnológica, biológica, crenças e teologia. Assim, oseticistas obrigaram-se a considerar disciplinas para além de suas especificidades, estabelecendo fronteiras com diversos campos do conhecimento, pois os progressos até aqui alcançados levantam questões éticas em que, muitas vezes, o próprio conhecimento não apresenta respostas satisfatórias. Este trabalho aborda os vocábulos da ética e moral sob o enfoque médico, religioso, jurídico e psicológico de um modo prático, procurando delinear suas diferenças e similitudes.

  3. [Medical and legal aspects of teleradiology in Germany].

    Science.gov (United States)

    Rosenberg, C; Langner, S; Rosenberg, B; Hosten, N

    2011-09-01

    In teleradiology, imaging data are transferred over a distance. This service is provided for the purpose of consulting or teleradiological reading in the narrower sense. Once a justification has been proposed in the latter, the examination is performed under the responsibility of a radiologist who is not present on site. The need for teleradiology services often derives from sparsely populated areas, a shortage of doctors, or the need for cost-efficient provision of radiological examinations. The providers and recipients of teleradiology services enter into an agreement specifying conditions for data transfer. The German ionizing radiation (medical exposure) regulations demand that the teleradiologist holds radiation protection qualifications and is able to reach the examination site within 45 - 60 minutes. In Germany, teleradiology services are still limited to nights, weekends, and vacations, although the German regulations allow an expansion under certain circumstances. Efforts to fundamentally change radiology in favor of teleradiology are putting the status of a radiological medical act as well as current teaching models at risk, thereby indirectly sustaining physician shortage. Transnational teleradiology services offer the possibility of cost reduction, taking advantage of out-of-hour reading and wage fluctuation. At the same time, such services are associated with deficits in quality and availability of personnel as well as the quality of medical services. In the long-term teleradiology concepts will fundamentally change radiology. Smaller radiology units will concentrate on daily business and fast reporting. Larger units also providing academic teaching can use teleradiology networks to offer specialized readings. © Georg Thieme Verlag KG Stuttgart · New York.

  4. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  5. On the Legal Protection of Design

    DEFF Research Database (Denmark)

    Teilmann-Lock, Stina

    2011-01-01

    Traditional registration of design relied on the deposit of an example of the thing itself; the Registrar who held things thus deposited was responsible for ensuring that they would be protected from unauthorized imitation. The material thing itself is to be the standard against which copies can...... important than ever for legal protection. It is crucial when applying for design registration: an applicant must be able to describe his design in a way that conforms to the requirements of objects that may claim protection. For example, design protection applies to the appearance of a design; it does...... not apply to any aspect which is dictated by its function. Accordingly, if a design is to qualify for legal protection, its description (or illustration) must make a clear distinction between form and function. According to the intellectual property laws of many nations today, designs may also be protected...

  6. Electronic Invoicing: More than Just VAT Aspects

    OpenAIRE

    Edwin JACOBS

    2004-01-01

    European legislation facilitates that companies start using electronic invoicing. The aim of the European E-invoice Directive was to introduce some uniform rules regarding VAT throughout the European Union. Some other important legal aspects, such as the probative value of an e-invoice, endorsement, e-invoices in bankruptcy proceedings, remain often unexamined. EU Member State law can be construed and interpreted according to the European Directives, for legal issues not covered by the E-invo...

  7. Medicolegal aspects of iatrogenic root perforations

    DEFF Research Database (Denmark)

    Tsesis, I; Rosen, E; Bjørndal, L

    2014-01-01

    AIM: To retrospectively analyze the medico-legal aspects of iatrogenic root perforations (IRP) that occurred during endodontic treatments. METHODOLOGY: A comprehensive search in a professional liability insurance database was conducted to retrospectively identify cases of IRP following root canal...... treatment (p root perforation is a complication of root canal treatment and may result in tooth extraction...... and in legal actions against the treating practitioner. Mandibular molars are more prone to medico-legal claims related to root perforations. The patient should be informed of the risks during RCT and should get information on alternative treatments and their risks and prognosis...

  8. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  9. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  10. Aspek Legal Penguasaan Hutan oleh Mukim

    Directory of Open Access Journals (Sweden)

    Husin Taqwaddin

    2010-04-01

    Full Text Available ABSTRACT: Mukim is one of the unique structure in Governance of Aceh, in which it is federation from several Gampong (village which exist since Islam Religious lesson came to Aceh region. Therefore Mukim has long path story, it resulted authority and authority of Mukim in the past has already sufficient known and obeyed by the people who stayed in the Mukim area.  Mukim has authority toward all of its territory, in the land and also in the sea. In the lagal aspect, Mukim since past until nowadays has the power basis or legal jurisdiction toward the Forrest in each Mukim area. The forrest exist in the Mukim area measured by the requirement go and back for a day, it is understood by the Mukim community as Uteun Mukim in which it is also called as rights of Kullah (Uteun Potallah. So terminology of Uteun Mukim is equivalent with Customary Forrest (hutan adat in the Indonesia’s of national law.  In the managerial aspect, in the Forrest management affair, the roles and responsibilities in the Mukim area are led by the customary chief of Forrest (Panglima Uteun or Pawang Glee. The management and using of the customary forest of Mukim almost always has coordination Imuem Mukim with Pawang Glee and also Petua Seunebok.   Legal Aspect of the Forest Management by Mukim

  11. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  12. STRUCTURAL FEATURES OF STATE-OFFICE LEGAL RELATIONSHIP OF THE STATE CIVIL EMPLOYEES AND THE ROLE OF LABOR LAW IN THEIR REGULATION

    OpenAIRE

    Міннігулова, Д. Б.

    2017-01-01

    In the legal literature, investigating the legal relationship arising on civil service, various concepts of the characteristic of a concept of the state-office relationships of state-civil employee are offered. The main of them are state-legal (constitutional), office (administrative), office-labor and labor theories. The variety of conceptual approaches to the characteristic of the legal relationship arising on civil service reflects features of administrative legal status of state-civil emp...

  13. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  14. The brazilian constitution as third generation product: convergence and differences between the latin american constitutionalism and legal garantism theory

    Directory of Open Access Journals (Sweden)

    Luiz Henrique Urquhart Cademartori

    2015-12-01

    Full Text Available This article addresses the phenomenon of the latinamerican constitutionalism, its characteristics, critical issues and its challenges facing the European constitutional models, such as the legal garantism and neoconstitutionalism. That being said, this work compares the recent theoretical proposals within the Latin American constitutional theory with the European tradition. In this way, we delimit the aspects of main Latin American constitutionalism theory and contrast European constitutional theories, such as Ferrajoli’s legal garantism and representatives of neoconstitutionalism such as Dworkin, Alexy, Müller and Haberle. In this work, we seek to understand and explain the so-called "third generation constitutions”, in order to think properly of the Brazilian constitutionalism and the influence of the new legal institutions and procedural safeguards contained in our Constitution which give means to make possible fundamental and social rights. After that, we examine the affinities that Latin American constitutionalism has found in the legal garantism theory, which enables fundamental and social rights, and which has been largely accepted in countries similar to Brazil despite of its European origins.

  15. Legal problems of energy supply within the European Communities

    International Nuclear Information System (INIS)

    Tettinger, P.J.

    1993-01-01

    The report contains two articles; the first one is titled: The Directives on Transit of Gas and Electricity - Considerations regarding the juridical limits of the realisation of the Internal Market in the Energy Sector. It has basic considerations regarding the competences of the EC-legal nature of primary and secondary Community law; it analyzes the network of competences, the legality of the Commission's Proposals concerning the Internal Energy Market and further on the possibilities of legal recourse for enterprises in the Federal Republic of Germany in case the proposal directives are adopted. The second article deals with legal problems of energy supply within the EC-especially under the aspect of British coal mining. It incluses considerations regarding a proposed European Energy Charter, recent developments in EC-law regarding electricity and natural gas, third country imports: dumping, and privatisation. (HSCH)

  16. Content and legal nature of the concept of good administration

    Directory of Open Access Journals (Sweden)

    Vlaški Bojan

    2015-01-01

    Full Text Available The subject of this paper is the analysis of the content and legal nature of the concept of good administration, perceived as an 'amalgam' of legal and non-legal principles guiding the activities of the European Union administration and administrations of its Member States. After providing a brief overview on the origins and historical development of the concept of good administration, the author focuses on the main elements of its content. In this regard, particular account shall be taken to illuminate the important components of the concept of good administration: legality, expediency, regularity, justice, equity, as well as morality. The legal nature of the concept of good administration will be discussed by casting more light on its legal aspect while acknowledging the existence of non-legal elements. In brief, the following text attempts to explain the inner meaning of the 'European' concept of good administration and to underscore its significance in the context of administrative activities of the European Union institutions, Member States and potential member states of this unique community of European states.

  17. The legal regime for private space tourism activities—An overview

    Science.gov (United States)

    Hobe, Stephan

    2010-06-01

    "Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.

  18. PLURALISME HUKUM DAN URGENSI KAJIAN SOCIO-LEGAL MENUJU STUDI DAN PENGEMBANGAN HUKUM YANG BERKEADILAN SOSIAL

    OpenAIRE

    Kurniawan, E. Joeni Arianto

    2012-01-01

    ‘Justice’, philosophically, is classified into two; legal justice and social justice. Legal justice refers to justice based on the parameters of the rules while social justice may be defined as equality arises from human relation in the existing social structure. Referring to the implementation of the law nowadays, it is likely that justice cannot be achieved by looking only at the legal justice. Providing justice should also count on the aspect of social justice. Most of the time, the proble...

  19. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  20. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

    Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund

    2018-01-01

    This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....

  1. Exploring the secret history of the legal service of the European Executives, 1952-1967

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958......-1967) is still fairly limited. Historical literature on the history of the European executives has largely ignored the legal aspects of the European administration and the nature of the legal service. This paper, which is based on until now unused primary sources from the Commission archive as well as several...

  2. Formal aspects of resilience

    Directory of Open Access Journals (Sweden)

    Diana-Maria Drigă

    2015-12-01

    Full Text Available The concept of resilience has represented during the recent years a leading concern both in Romania, within the European Union and worldwide. Specialists in economics, management, finance, legal sciences, political sciences, sociology, psychology, grant a particular interest to this concept. Multidisciplinary research of resilience has materialized throughout the time in multiple conceptualizations and theorizing, but without being a consensus between specialists in terms of content, specificity and scope. Through this paper it is intended to clarify the concept of resilience, achieving an exploration of the evolution of this concept in ecological, social and economic environment. At the same time, the paper presents aspects of feedback mechanisms and proposes a formalization of resilience using the logic and mathematical analysis.

  3. Legal Issues Affecting Faculty and Administration in Higher Education.

    Science.gov (United States)

    Peach, Larry E.; Reddick, Thomas L.

    Legal aspects of college teaching and administration are discussed. The faculty and college are liable by tort law for students in three ways: intentional acts or interference, strict liability, and negligence. Intentional acts include improperly installed or dangerous equipment, while strict liability cases usually occur where fault is not…

  4. Normative and Legal Challenges to UN Peacekeeping Operations

    NARCIS (Netherlands)

    Spijkers, O.

    2015-01-01

    The application of law and norms in military operations is complex. This article provides an overview of legal and normative aspects in un peace operations. It will focus on key challenges to un peace operations. First, it will review un peacekeeping from the perspective of international law. After

  5. Discharge against medical advice: Ethico-legal implications from an ...

    African Journals Online (AJOL)

    Background. Discharge against medical advice (DAMA) is a problematic issue for physicians worldwide, which can disrupt the physicianpatient relationship, have adverse medical outcomes and increase healthcare costs. This review aims to highlight the ethical and legal aspects of the issue from the perspective of ...

  6. Indian legal system and mental health.

    Science.gov (United States)

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act - 1987 and Persons with Disability Act - 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

  7. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  8. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

    In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...

  9. Free-Stream Characteristics of A Family of Low-Aspect-Ratio, All-Movable Control Surfaces for Application to Ship Design

    Science.gov (United States)

    1958-12-01

    57.3a and (aCL/da)CL = O is computed from Equation [ la ]. A plot of the lift-curve slope is presented in Reference 3 as a function of several geometric...24 2 2 3 0 4 Angle ~ ~ ~ L ofji AAak i ere Figur 43- - -enod Nube o- 2.25d -AA 106 16 1.0 0.4 100- Seto17A 0506 Aspect Ratio I 80 16 Tip Shape Square...NACA 0015 068 Asec RaiI ~ so 1.6Sweep Angle 11Q~ 260- 1.500 .40 24- (P 1 056 0.44 Angl of Atac, dgre C; iur A5 r - -yn id Nube C -.A M4 10A 523 10

  10. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

  11. Law Policy Implementation as the Determinant of the Legal Development of Society

    Directory of Open Access Journals (Sweden)

    Bakardzhiev Ya. V.

    2015-04-01

    Full Text Available The article focuses on the forms and mechanism of implementation of law policy, aspects of its interaction with different legal and social factors and determinants specifying its formation and enforcement.

  12. [Abortion and rights. Legal thinking about abortion].

    Science.gov (United States)

    Perez Duarte, A E

    1991-01-01

    Analysis of abortion in Mexico from a juridical perspective requires recognition that Mexico as a national community participates in a double system of values. Politically it is defined as a liberal, democratic, and secular state, but culturally the Judeo-Christian ideology is dominant in all social strata. This duality complicates all juridical-penal decisions regarding abortion. Public opinion on abortion is influenced on the 1 hand by extremely conservative groups who condemn abortion as homicide, and on the other hand by groups who demand legislative reform in congruence with characteristics that define the state: an attitude of tolerance toward the different ideological-moral positions that coexist in the country. The discussion concerns the rights of women to voluntary maternity, protection of health, and to making their own decisions regarding their bodies vs. the rights of the fetus to life. The type of analysis is not objective, and conclusions depend on the ideology of the analyst. Other elements must be examined for an objective consideration of the social problem of abortion. For example, aspects related to maternal morbidity and mortality and the demographic, economic, and physical and mental health of the population would all seem to support the democratic juridical doctrine that sees the clandestine nature of abortion as the principal problem. It is also observed that the illegality of abortion does not guarantee its elimination. Desperate women will seek abortion under any circumstances. The illegality of abortion also impedes health and educational policies that would lower abortion mortality. There are various problems from a strictly juridical perspective. A correct definition of the term abortion is needed that would coincide with the medical definition. The discussion must be clearly centered on the protected juridical right and the definition of reproductive and health rights and rights to their own bodies of women. The experiences of other

  13. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  14. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

    What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.

  15. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  16. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...

  17. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...

  18. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  19. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  20. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...