Legal remedies in the proceedings before the Court of Justice of the European Union

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2014-01-01

Full Text Available Legal remedies applied in the proceedings before the Court of Justice of the European Union have some distinctive features as compared to the legal remedies used in the national judicial systems. At first, the communitarian justice system originally did not envisage the possibility of filing an appeal with this Court as a regular legal remedy but there were other remedies that could be pursued in respect of the judgments issued by the Court. After the establishment of the Court of First Instance, the Procedural Law of the European Union introduced the possibility of filing an appeal with the Court of Justice against the judgments of the Court of First Instance. Later, the Court of First Instance became competent to decide on appeals against the judgments rendered by the judicial panels, which were established in the meantime. The Court of First Instance and judicial panels reserved the possibility of using other legal remedies against the final decisions rendered by these judicial authorities. In this respect, the Lisbon Treaty did not bring any significant changes, except that the Court of First Instance was renamed into the General Court whereas the judicial panels were designated as specialized courts. Taking into account the system of legal remedies recognized by the Procedural Law of the European Union, the first part of the paper deals with appeals as a regular legal instrument for bringing the case before a higher instance court which is to review the judgment of a lower instance court, including appeals against the decisions of the General Court and specialized courts. In the second part of the paper, the authors focus on the legal remedies which are awarded by the same court that issued the judgment. This category includes the application of a third party and revision, which may be considered as extraordinary legal remedies, as well as the objection against the judgment by default, judgment interpretation, judgment rectification and

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)

Successful application of lead isotopes in source apportionment, legal proceedings, remediation and monitoring.

Science.gov (United States)

Gulson, Brian; Korsch, Michael; Winchester, Wayne; Devenish, Matthew; Hobbs, Thad; Main, Cleve; Smith, Gerard; Rosman, Kevin; Howearth, Lynette; Burn-Nunes, Laurie; Seow, Jimmy; Oxford, Cameron; Yun, Gracie; Gillam, Lindsay; Crisp, Michelle

2012-01-01

In late 2006, the seaside community in Esperance Western Australia was alerted to thousands of native bird species dying. The source of the lead (Pb) was determined by Pb isotopes to derive from the handling of Pb carbonate concentrate through the Port, which began in July 2005. Concern was expressed for the impact of this on the community. Our objectives were to employ Pb isotope ratios to evaluate the source of Pb in environmental samples for use in legal proceedings, and for use in remediation and monitoring. Isotope measurements were undertaken of bird livers, plants, drinking water, soil, harbour sediments, air, bulk ceiling dust, gutter sludge, surface swabs and blood. The unique lead isotopic signature of the contaminating Pb carbonate enabled diagnostic apportionment of lead in samples. Apart from some soil and water samples, the proportion of contaminating Pb was >95% in the environmental samples. Lead isotopes were critical in resolving legal proceedings, are being used in the remediation of premises, were used in monitoring of workers involved in the decontamination of the storage facility, and monitoring transport of the concentrate through another port facility. Air samples show the continued presence of contaminant Pb, more than one year after shipping of concentrate ceased, probably arising from dust resuspension. Brief details of the comprehensive testing and cleanup of the Esperance community are provided along with the role of the Community. Lead isotopic analyses can provide significant benefits to regulatory agencies, interested parties, and the community where the signature is able to be characterised with a high degree of certainty. Crown Copyright © 2011. Published by Elsevier Inc. All rights reserved.

Marijuana Legalization: Impact on Physicians and Public Health.

Science.gov (United States)

Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

On the brink: how business owners experience business-related and other legal problems

OpenAIRE

Balmer, N. J.; Pleasence, P.

2017-01-01

New analysis of LAW Survey data has identified three distinct groups among business owners according to their likelihood of experiencing business-related and other types of legal problems ‒ ‘normal’, ‘highly elevated’ and ‘extreme’. As is the case with individuals, a relatively small proportion of business owners account for the bulk of problems. Targeted legal assistance services are needed for this group.

Proceedings of second geopressured geothermal energy conference, Austin, Texas, February 23--25, 1976. Volume V. Legal, institutional, and environmental

Energy Technology Data Exchange (ETDEWEB)

Vanston, J.H.; Elmer, D.B.; Gustavson, T.C.; Kreitler, C.W.; Letlow, K.; Lopreato, S.C.; Meriwether, M.; Ramsey, P.; Rogers, K.E.; Williamson, J.K.

1976-01-01

Three separate abstracts were prepared for Volume V of the Proceedings of the Conference. Sections are entitled: Legal Issues in the Development of Geopressured--Geothermal Resources of Texas and Louisiana Gulf Coast; The Development of Geothermal Energy in the Gulf Coast; Socio-economic, Demographic, and Political Considerations; and Geothermal Resources of the Texas Gulf Coast--Environmental Concerns arising from the Production and Disposal of Geothermal waters. (MCW)

Legal aspects of French nuclear policy

Energy Technology Data Exchange (ETDEWEB)

1975-06-01

By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for arguing against its tests, albeit underground.

Legal aspects of french nuclear policy

International Nuclear Information System (INIS)

Anon.

1975-01-01

By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for argueing against its tests, albeit underground [fr

Legal problems connected with irradiated fuel reprocessing and its waste storage

International Nuclear Information System (INIS)

Nercy, B. de.

1981-10-01

In view of its nature, an irradiated nuclear fuel reprocessing operation -and the contracts implementing it between the reprocessor and the customer- raises certain difficult legal problems. This paper analyses this question from the legal viewpoint, in particular as regards nuclear fuel and material ownership and products or waste arising therefrom, as well as in the context of rules of international trade and non-proliferation standards. (NEA) [fr

Marijuana Legalization: Impact on Physicians and Public Health

Science.gov (United States)

Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

Basic problems of atomic law administration. Pt. 1

International Nuclear Information System (INIS)

Lukes, R.; Vollmer, L.

1974-01-01

The authors confine themselves to the legal aspects of the problem. They start with a description of the present legal situation and then proceed to a discussion of the principal legal advantages of a zoning board as a special legal institution for the planning of large nuclear power plants. A final evaluation of legal results intends to demonstrate which constitutional and administrative factors will have to be considered for the final decision. The author concludes that the few general attempts at zoning following the administrative procedure do not quite meet the specific requirements of nuclear licensing procedures. In the long run, however, zoning might prove useful for nuclear licensing. (HP/AK) [de

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

International Nuclear Information System (INIS)

Zimmermann, B.

1992-01-01

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

[Permanent essential defacement--remarks on the possibilities of verification of the accepted criteria in medico-legal certification in criminal and civil law proceedings].

Science.gov (United States)

Chowaniec, Czesław; Nowak, Agnieszka; Jabłoński, Christian; Neniczka, Stanisława

2007-01-01

Despite the fact that some criteria of medico-legal certification in criminal and civil proceedings have been established, there are still some topics which are controversial and thus require modification. This is also true of the notion of "permanent essential defacement". In the opinion of the authors, changes in social conventions that are occurring nowadays, as well as a highly diversified, subjective perception of esthetic values indicate the need for discussing a possible modification of the presently obligatory criteria. Apart from the assessment of posttraumatic changes, an important problem is posed by defining the notion of "a part of the body customarily open to the view ". Additionally, the authors bring up for discussion the issue of experts taking into consideration the age and sex of the victims while assessing damages. A separate problem lies in difficulties in assessing the degree of detriment to health because of defacement due to the fact that official tables for evaluating permanent or long-term detriment to health do not include relevant information.

Simplified proceeding as a civil procedure model

Directory of Open Access Journals (Sweden)

Олексій Юрійович Зуб

2016-01-01

Full Text Available Currently the directions for the development of modern civil procedural law such as optimization, facilitation, forwarding proceedings promoting the increase of the civil procedure efficiency factor are of peculiar importance. Their results are occurrence and functionality of simplified proceedings system designed to facilitate significantly hearing some categories of cases, promotion of their consideration within reasonable time and reduce legal expenses so far as it is possible. The category “simplified proceedings” in the native science of the procedural law is underexamined. A good deal of scientists-processualists were limited to studying summary (in the context of optimization as a way to improve the civil procedural form, summary proceedings and procedures functioning in terms of the mentioned proceedings, consideration of case in absentia as well as their modification. Among the Ukrainian scientist who studied some aspects of the simplified proceedings are: E. A. Belyanevych, V. I. Bobrik, S. V. Vasilyev, M. V. Verbitska, S. I. Zapara, A. A. Zgama, V. V. Komarov, D. D. Luspenuk, U. V. Navrotska, V. V. Protsenko, T. V. Stepanova, E. A. Talukin, S. Y. Fursa, M. Y. Shtefan others. The problems of the simplified proceedings were studied by the foreign scientists as well, such as: N. Andrews, Y. Y. Grubanon, N. A. Gromoshina, E. P. Kochanenko, J. Kohler, D. I. Krumskiy, E. M. Muradjan, I. V. Reshetnikova, U. Seidel, N. V. Sivak, M. Z. Shvarts, V. V. Yarkov and others. The paper objective is to develop theoretically supported, practically reasonable notion of simplified proceedings in the civil process, and also basing on the notion of simplified proceedings, international experience of the legislative regulation of simplified proceedings, native and foreign doctrine, to distinguish essential features of simplified proceedings in the civil process and to describe them. In the paper we generated the notion of simplified proceedings that

Proceedings of 8. international scientific conference 'Sakharov readings 2008: Ecological problems of XXI century'

International Nuclear Information System (INIS)

Kundas, S.P.; Mel'nov, S.B.; Poznyak, S.S.

2008-05-01

The proceedings of the eighth international scientific conference 'Sakharov readings 2008: Ecological problems of XXI century', which was held in the International A. Sakharov environmental university, contents materials on topics: socio-ecological problems in the light of ideas of academic A. Sakharov; medical ecology; bioecology; biomonitoring, bioindication and bioremediation; radioecology and radiation protection; information systems and technologies in ecology; ecological management; ecological monitoring; ecological education, education for sustainable development; ecological ethics in bioethics education system; problems and prospects of renewable energetics development in Belarus. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

Legal and institutional problems facing geothermal development in Hawaii

Energy Technology Data Exchange (ETDEWEB)

1978-10-01

The problems discussed confronting future geothermal development in Hawaii include: a seemingly insoluble mismatch of resource and market; the burgeoning land claims of the Native Hawaiian community; a potential legal challenge to the State's claim to hegemony over all of Hawaii's geothermal resources, regardless of surface ownership; resistance to any sudden, large scale influx of Mainland industry, and questionable economics for the largest potential industrial users. (MHR)

Proceedings of 5. international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century'. Pt. 1

International Nuclear Information System (INIS)

Kundas, S.P.; Okeanov, A.E.; Shevchuk, V.E.

2005-05-01

The first part of proceedings of the fifth international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century', which was held in the International A. Sakharov Environmental University, contents materials on topics: socio-ecological problems, medical ecology, biological ecology. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

Proceedings of 6. international scientific conference 'Sakharov readings 2006: Ecological problems of XXI century'. Pt. 1

International Nuclear Information System (INIS)

Kundas, S.P.; Okeanov, A.E.; Poznyak, S.S.

2006-05-01

The first part of proceedings of the sixth international scientific conference 'Sakharov readings 2006: Ecological problems of XXI century', which was held in the International A. Sakharov environmental university, contents materials on topics: socio-ecological problems, medical ecology, biomonitoring and bioindication, biological ecology. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

Creditors’ claims in bankruptcy proceedings - issues and concerns

Directory of Open Access Journals (Sweden)

Viktor Palić

2013-12-01

Full Text Available A generally accepted rule in the bankruptcy law is that a bankruptcy creditor can file a claim against the debtor only in bankruptcy proceedings. This rule has a legal effect. If the creditor’s claim in the bankruptcy proceeding has not been disputed, the creditor is not able to instigate legal and execution proceedings. Obviously, this applies to financial claims. However, it is not clear whether the above can be applied when the claim is not financial but when it concerns a request for the nullification of a contract. It is of particular interest whether such a request can be made by a counterclaim against the debtor in an ordinary judicial proceeding or only in bankruptcy proceedings. Using a practical example, the authors concluded that it is possible for a creditor to make a request for the nullification of a contract by a counterclaim in a civil lawsuit.

Genesis of scientific research of legal problems of reserves

Directory of Open Access Journals (Sweden)

Олександр Олександрович Пономаренко

2017-12-01

Full Text Available The problems of the legal status of nature reserves as objects of ecological and legal commandment are considered. One of the main directions of the modern strategy of Ukraine’s environmental policy should be the implementation of international standards in the organization and protection of nature reserves as objects of the state natural reserve fund, the improvement of legislation on the nature reserve fund in accordance with the recommendations of the Pan-European Biological and Landscape Diversity Strategy (1995 on the formation of the Pan-European Ecological Network as a single spatial system of territories of European countries with the EU or partially altered landscape. All this allowed to formulate the definition of a natural reserve as a state research institution with the status of a legal entity of national importance and performs the functions of preserving in a natural state typical or unique for the given landscape zone of natural complexes with all components of their components, the study of natural processes and phenomena, the developments in them, the development of scientific principles of environmental protection, the effective use of natural resources and environmental safety, the implementation of ecological education and education of the population in the conditions of full restriction of economic activity not connected with its functioning.

Legal Issues Affecting Libraries and Librarians: Employment Law, Liability and Insurance, Contracts, and Problem Patrons.

Science.gov (United States)

Mika, Joseph J.; Shuman, Bruce A.

1988-01-01

This fourth lesson in a continuing education course on legal issues affecting libraries and librarians discusses the library's rights and legal responsibilities in the areas of censorship and intellectual freedom, the Freedom of Information Act and patron privacy, problem patrons, and ethical considerations of library services. (14 references)…

Legal problems inherent in the development of geopressured and geothermal resources in Louisiana. Final report

Energy Technology Data Exchange (ETDEWEB)

Harrell, T.A.; Pike, R.W.; Wilkins, B.; Hill, T.M.

1978-03-01

The legal framework within which the geopressured resource will have to be developed in Louisiana is discussed generally. Those problems which may be created by its development within that framework are identified. Where possible, solutions are offered to those problems or at least techniques or devices are indicated which might be considered in their resolution. Finally, a compendium is assembled of those statutory or regulatory provisions which may regulate or affect the resource to the end that it might serve as a handbook for the evaluation of the legal and institutional problems which will face a prospective developer, when and if the resource development is undertaken in Louisiana. (MHR)

Main Tendencies in the Problem of the Legal Collisions Study in Modern Science of the Law Theory

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Kristina V. Ahmetjanova

2015-06-01

Full Text Available In the article the main tendencies within studying of problems of legal collisions in modern jurisprudence are considered. The main attention is paid to a question of consideration of the specified problem from a position of various types of law understanding. By results of the conducted research, author comes to a conclusion that the most part of researches on problems of collisions in law is sustained in the spirit of legal positivism, however there is a number of works in which attempt of consideration of legal collisions from a position of sociological type of understanding of the right is traced. Tendency, according to the author, is the most significant and the specified subject having a certain potential to carrying out further actual researches on.

Ethical issues of using psychological knowledge in the proceedings of the non-procedural forms

Directory of Open Access Journals (Sweden)

Safuanov F.S.

2014-12-01

Full Text Available The article discusses the main ethical problems arising from the use of psychological knowledge in the criminal and civil proceedings in the form of non-procedural. Showing legal environment conducive to violations of ethics of psychological research reference and advisory nature: equality of the parties, the right of lawyers to draw on contractual basis to clarify issues related to the provision of legal aid. Reveals the main subjective factors of psychological research ethics violations: low level of professional competence psychologist, ignoring the principles of independence, objectivity, confidentiality. Suggests ways of overcoming the ethical issues - in the process of formation of graduate and postgraduate education of ethical competence, implementation of certain algorithms psychologist interaction with the side of a criminal or civil process - customer psychological services. It is proposed to consolidate legislation or regulations regulating certain kinds of non-procedural forms of use of psychological knowledge in the proceedings.

Treatment, alcoholics anonymous, and 16-year changes in impulsivity and legal problems among men and women with alcohol use disorders.

Science.gov (United States)

Blonigen, Daniel M; Timko, Christine; Moos, Bernice S; Moos, Rudolf H

2009-09-01

The link between impulsive personality traits and alcohol use disorders (AUDs) is well established. No studies, however, have investigated whether receipt of help for AUDs predicts change in impulsivity or whether such change is associated with relevant outcomes such as legal problems. The present study examined predictive associations between the duration of help for AUDs (Alcoholics Anonymous [AA], professional treatment) and impulsivity and legal problems over 16 years in men and women with AUDs. Participants who were initially untreated for their AUDs (n(men) = 332, n(women) = 296) completed follow-up telephone interviews at 1 and 16 years after their baseline assessment. Impulsivity and legal problems declined between baseline and the 1-year and 16-year follow-ups among both women and men. A longer duration of participation in AA predicted a decline in impulsivity at both follow-up assessments, and, in turn, a decline in impulsivity predicted a decline in legal problems at Years 1 and 16. In addition, a longer duration of participation in AA predicted fewer legal problems at Year 1, and this association was moderated by gender (significant in men) and impulsivity (significant for individuals with higher baseline scores). The results highlight the potential for AA and professional treatment to reduce the expression of impulsivity and related disinhibitory traits and legal problems in individuals with AUDs.

Nuclear energy and Indian society: Public engagement, risk assessment and legal frameworks - Summary of the proceedings

International Nuclear Information System (INIS)

Kini, Els Reynaers; Dipankar Bandyopadhyay, I.; Kanwar, Bhanudey

2014-01-01

The Nuclear Law Association (NLA) has organised its 3. Annual Meeting with the specific aim to deliberate on public engagement, consultation and acceptance of nuclear energy projects. The meeting further aimed to seek a better understanding of the necessary legal framework for a safe nuclear energy program in India. The themes covered by the conference were: Public engagement, consultation and acceptance; Nuclear energy safety and public discourse; Case studies from India on public engagement; Land acquisition and EIA in India; Safety regulations and its enforcement; Nuclear regulatory institutions; Siting, consent and project execution; Nuclear liability and compensation. The meeting was organised in 3 sessions dealing with: 1 - Public engagement, consultation and acceptance of nuclear projects: - Sociological context of public engagement and consultation, - Current state of affairs and new approaches to public consultation, - Case studies from new green field nuclear project sites, - Public opinion and acceptability for nuclear energy projects, - Role of State, NGOs and Public; 2 - Vales, Attitudes and Acceptability - Lessons from other countries: - Fukushima and nuclear energy choices, - Social dimensions of nuclear power, - Public engagement, acceptance and regulatory process, - Management of HLW. 3 - Legal Framework for a Safe and Secure Nuclear Energy Program: - Safety regulations and its enforcement, - Nuclear regulatory institutions, - Siting, consent and project execution, - Environmental impact assessments and plans, - Nuclear liability and compensation. Several of the papers presented will be published in the Journal of Risk Research in early 2015 as part of the Special Issue on Nuclear Energy and Indian Society: Public Engagement, Risk Assessment and Legal Frameworks. This article is the summary of the proceedings

Investigating the Difficulties and Problems Faced by the English Language Students of Al Quds Open University in Legal Translation Process

Directory of Open Access Journals (Sweden)

Ahmed Maher Mahmoud Al-Nakhalah

2013-12-01

Full Text Available Following experimental descriptive method, the paper explores the difficulties and problems faced by the English language students of Al Quds Open University in legal translation process; that is, while translating legal terms/documents from Arabic to English and from English to Arabic. A test was designed by the researcher in order to explore and investigate the difficulties and problems faced by the students. The test included four questions: 1 Translating English legal paragraph, 2 Translating Arabic legal paragraph, 3 Translating ten Arabic legal terms and 4 Translating ten English legal terms. The test was applied on the English language students of Al Quds Open University in Gaza Region in Palestine during the second course of the academic year 2010/2011. The samples of the study were chosen and selected randomly. Following suitable statistical methods, the paper offers the obtained results with critical discussion. Possible solutions, recommendations and suggestions to overcome these difficulties and problems also form important parts of the discussion in the paper.

Legal problem research on surrogacy%代孕问题法律研究

Institute of Scientific and Technical Information of China (English)

杨晶

2015-01-01

Along with social progress and development, the application of surrogacy is increasingly frequent. It overturns original reproductive concept and way, at the same time through the existing legal system. Conduct legal research and legal problems of surrogacy regulation, is quite necessary.%随着社会的进步和发展,代孕这一人类辅助生殖技术在生活中的应用也日渐频繁.它颠覆了原有的生殖观念和方式,同时冲击着现有的法律制度.对代孕问题进行法律研究和法律规制,相当必要.

ANTI-DISCRIMINATION LAW AND COURT PRACTICE IN CROATIA-INDIVIDUAL AND ASSOCIATIONAL ANTI-DISCRIMINATION CLAIM AS (INEFFICIENT MECHANISMS FOR LEGAL PROTECTION

Directory of Open Access Journals (Sweden)

Paula Poretti

2015-01-01

Full Text Available In the paper basic legal sources of European and Croatian anti-discrimination law are presented. Special attention is given to Anti-discrimination Act from 2009 which was enacted with the aim to provide anti-discrimination legal framework as a guarantee of a high level of legal protection from different forms of discrimination in Croatian legal system. Individual and associational anti—discrimination claim as legal mechanisms for efficient legal protection are questioned. Also, along with the numeric indicators which are provided in order to illustrate practice of the courts, an overview of available inidividual and associational anti-discrimination claims through which proceedings in front of courts and other competent authorities were initiated in last few years is presented. Deficiencies in anti-discrimination law and problems of court practice in Croatia are detected. Defects which need to be eliminated in order to create preconditions for efficient legal protection from discrimination in Croatian legal system are highlighted.

Sakharov readings 2011: environmental problems of the XXI century. Proceedings of 11 international scientific conference

International Nuclear Information System (INIS)

Kundas, S.P.; Poznyak, S.S.

2011-05-01

The proceeding includes materials of reports of 11-th international scientific conference 'Sakharov readings 2011: Environmental problems of XXI century', which took place 19-20 of May 2011 in the International A. Sakharov Environmental University. The proceeding continues abstracts about social-ecological, ecology-ethical and pedagogical problems in light of the Sakharov' ideas; medical ecology; biological ecology; biomonitoring, bioindication and bioremediation; radioecology and radiation protection; information systems and technologies in ecology and medicine; ecological monitoring, management and audit; renewable energy sources and energy efficiency; climate change and sustainable development; regional ecological problems. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges.

ENVIRONMENTAL PROBLEM SOLVING WITH GEOGRAPHIC INFORMATION SYSTEMS: 1994 AND 1999 CONFERENCE PROCEEDINGS

Science.gov (United States)

These two national conferences, held in Cincinnati, Ohio in 1994 and 1999, addressed the area of environmental problem solving with Geographic Information Systems. This CD-ROM is a compilation of the proceedings in PDF format. The emphasis of the conference presentations were on ...

Sakharov readings 2013: environmental problems of the XXI century. Proceedings of the 13 international scientific conference

International Nuclear Information System (INIS)

Kundas, S.P.; Poznyak, S.S.; Lysukho, N.A.

2013-05-01

The proceeding includes materials of reports of 13-th international scientific conference 'Sakharov readings 2013: Environmental problems of XXI century', which took place 16-17 of May 2013 in the International A. Sakharov Environmental University (Minsk, Belarus). The proceeding continues abstracts about social-ecological and ecology-ethical problems of modern times; education for sustainable development; medical ecology; biological ecology; radiobiology; radioecology and radiation protection; information systems and technologies in ecology and medicine; regional ecological problems; ecological monitoring and management; renewable energy sources and energy efficiency. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges.

Sakharov readings 2012: environmental problems of the XXI century. Proceedings of 12 international scientific conference

International Nuclear Information System (INIS)

Kundas, S.P.; Poznyak, S.S.

2012-05-01

The proceeding includes materials of reports of 12-th international scientific conference 'Sakharov readings 2012: Environmental problems of XXI century', which took place 17-18 of May 2012 in the International A. Sakharov Environmental University (Minsk, Belarus). The proceeding continues abstracts about social-ecological, ecology-ethical and pedagogical problems in light of the Sakharov' ideas; medical ecology; biological ecology; biomonitoring, bioindication and bioremediation; radioecology and radiation protection; information systems and technologies in ecology and medicine; ecological monitoring, management and audit; renewable energy sources and energy efficiency; climate change and sustainable development; regional ecological problems. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges.

Participation of a Representative of a Foreign Country in the Procedure of the Legal Proceedings in the Republic of Kazakhstan

Science.gov (United States)

Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.

2016-01-01

The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…

Realization of Human Rights Guarantees in Civil Proceedings in Russia

Directory of Open Access Journals (Sweden)

Badma V. Sangadzhiev

2016-09-01

Full Text Available Civil legal proceedings are conducted according to the federal laws existing during consideration and permission of a civil case (making of separate legal proceedings or execution of court decrees. In case of lack of the regulation of a procedural law governing the relations which arose during civil legal proceedings, federal courts of the general jurisdiction and magistrate's courts apply the regulation governing the similar relations (analogy of the law. In the absence of such regulation of the judge work proceeding from the general principles of implementation of justice in the Russian Federation (analogy is right. Dispositions of general constitutional guarantees (which don't belong directly to judicial system, however their sense can quite be applied to judicial process of consideration of civil cases contain in the following articles of the Constitution of Russia: 17, 19, 29 and 45. Judicial activities are characterized by the major indicators: quality and efficiency (observance of procedural terms. According to the conventional principles and rules of international law to be an offender without unjustifiable delay constitutes one of the fundamental human rights inseparably linked with the right to fair legal proceeding. In a sense of the constitutional regulation, first, everyone has the right, but isn't obliged to protect the rights, secondly, to protect by all methods which aren't forbidden by the law. It is thought, the last purchases the force and the importance not as ascertaining (or transfer these methods in the law and as availability of real mechanisms of their use by the individual and availability of use.

You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions.

Science.gov (United States)

Miller, Laurence

2009-01-01

Rightly or wrongly, law enforcement, public safety, medical, mental health, legal, and emergency services professionals may have to face internal investigation, disciplinary measures, license suspension, criminal prosecution, civil lawsuits, and/or personal life disruption related to actions taken in the course of their work. This article describes the main categories of misconduct--or simply mistakes--that can cause different types of professionals to be investigated, charged, prosecuted, and/or sued. It next discusses the kinds of psychological reactions commonly seen in workers who face these kinds of proceedings. Finally, the article offers a set of practical psychological coping strategies and procedural recommendations for dealing with the stresses of an investigation, administrative action, or litigation, and for mitigating their effects on one's life and career.

Science and judicial proceedings--seventy-six years on.

Science.gov (United States)

French, Robert

2009-10-01

The intersection of law and science, particularly in relation to causality and the legal concept of causation, were of considerable interest to Sir Owen Dixon. In this article, revisiting Dixon's 1933 lecture "Science and Judicial Proceedings", the Chief Justice refers to Dixon's deep interest in science and the issues to which it can give rise in legal proceedings. The 1933 lecture followed shortly after the judgment of the High Court in Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 which involved consideration of expert testimony and causal connections between product characteristics and personal injury to the consumer.

First conference on ground control problems in the Illinois Coal Basin: proceedings

Energy Technology Data Exchange (ETDEWEB)

Chugh, Y. P.; Van Besien, A. [eds.

1980-06-01

The first conference on ground control problems in the Illinois Coal Basin was held at the Southern Illinois University at Carbondale, Illinois, August 22-24, 1979. Twenty-one papers from the proceedings have been entered individually into EDB; one had been entered previously from other sources. (LTN)

Is there any alternative to the confiscation of criminal assets, which is implemented in a criminal proceeding?

Directory of Open Access Journals (Sweden)

Lajić Oliver

2013-01-01

Full Text Available In addition to confiscation of proceeds of crime in the criminal or its associate procedure, as exists in national law, the author suggests the existence of other models in the seizure of property whose legal origin is suspected, represented in foreign legal systems. Recognizing this fact, the central part of his work is about the civil law confiscation or seizure of proceeds of crime in the administrative proceedings and taxing criminal profit, as alternative or corrective forms of action present in comparative legal systems. Briefly has been given an overview of basic principles on which they are based, and pointed out the problems faced by entities engaged in the field of their practical application. After a brief presentation and analysis of these systems the author raises a rhetorical question: whether the use of civil law or administrative proceedings legitimate tool in the fight against crime or a shortcut that states use to mitigate the lack of efficiency of the instruments used in crime fighting? In doing so, he reminds that confiscation and forfeiture and the criminal or its associated procedure is exactly the kind of civil law Institute (prohibiting unjust used in the realization of the goals of the criminal law. Essentially, it is a desirable tool, which can help to achieve (partial restorative justice. However, putting discussed aspects of confiscation in the view of the domestic law, the author concludes that the decision which has been opted by domestic legislator is currently the best way for the practical implementation of the principle of prohibition of unlawful enrichment.

Sakharov readings 2015: environmental problems of the XXI century. Proceedings of the 15 international scientific conference

International Nuclear Information System (INIS)

Poznyak, S.S.; Lysukho, N.A.

2015-05-01

The proceeding includes materials of reports of 15-th international scientific conference 'Sakharov readings 2015: Environmental problems of XXI century', which took place 21-22 of May 2015 in the International A. Sakharov Environmental University (Minsk, Belarus). The proceeding continues abstracts about philosophical, social-ecological nd bioethical and problems of modernity; education for sustainable development; medical ecology; biological ecology; radiobiology; radioecology and radiation protection; information systems and technologies in ecology and medicine; regional environmental problems; ecological monitoring and management; renewable energy sources and energy efficiency. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges. (authors)

Legal problems concerning the export of nuclear power plants

International Nuclear Information System (INIS)

Pierer, Heinrich von.

1977-01-01

The legal problems raised by the export of nuclear power plants may be divided into three main categories: nuclear operator's liability for nuclear damage, the consequences for the supplier of the licensing requirements in the national laws of the buyer country and finally, the constraints of applying non-proliferation safeguards on export of nuclear equipment. As regards the third party liability regime in particular, the difficulties lie essentially in the insufficiency of the definition of the nuclear operator and the lack of harmonization in, or even the absence of national laws in this field. (NEA) [fr

The problem of developing of readiness of the future legal psychologists to effective coping

Directory of Open Access Journals (Sweden)

Busarova O.R.

2017-07-01

Full Text Available The article substantiates the need to improve the readiness of the future legal psychologists to effective coping behavior in the light output at the present time in Russia professional standards governing the activities of professionals providing psychological assistance to minors, including those who are in legally relevant situations. The aim of the presented research - the identification of typical coping strategies for students of legal psychology in the educational practice and the analysis of the relationship of coping strategies with successful performance practices. Second-year students were diagnostic practice in various educational institutions, including schools and special schools for students with deviant behavior. Probationers acted as a psychologist, a holistic diagnostic problem solving - from the receipt of the request to make recommendations on the results of the survey. The method of content analysis was processed 41 report on the practice. Fixed mention of problematic situations that have caused negative emotions in the trainees, and mention of coping behavior. Revealed the typical difficulties of students and coping strategies when performing queries on psycho-diagnostics of children with behavioral problems. We found a significant positive correlation between the success of the implementation of practice tasks students with a variety mentioned in the report difficulties with the frequency of their appearance, as well as with a variety of coping strategies. The study offers methodological tools for the preparation of the future legal psychologists in diagnostic practice.

Proceedings of 7. international scientific conference 'Sakharov readings 2007: Ecological problems of XXI century'

International Nuclear Information System (INIS)

Kundas, S.P.; Mel'nov, S.B.; Poznyak, S.S.

2007-05-01

Abstracts of the seventh international scientific conference 'Sakharov readings 2007: Ecological problems of XXI century', which was held in the International A. Sakharov environmental university, contents materials on topics: socio-ecological problems, medical ecology, biomonitoring and bioindication, biological ecology. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

Nuclear Inter Jura'87 Proceedings

International Nuclear Information System (INIS)

1988-01-01

The Proceedings of the 8. Congress of the International Nuclear Law Association (INLA) contain the papers presented at the Congress and the ensuing discussions. The following topics were dealt with: new orientations of nuclear law - its convergence and discordance with other fields of law; impact of international treaties; comparison with legal provisions of other high-technology sectors and optimization of nuclear law. Finally, the last session examined the Chernobyl accident and the legal gaps it revealed. (NEA) [fr

Virtual Reality and Legal Education

OpenAIRE

Kiskinov, Vihar

2014-01-01

Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"

[Legal and medico-legal issues in adolescent medicine. A critical review of the present regulation and legislation].

Science.gov (United States)

Schwarzenberg, T L; Buffone, M R

2001-02-01

During the last years the Italian Government has taken many different initiatives to protect the adolescents rights to benefit from physical, psychical and social well-being. In particular, various projects concerning the promotion and the support of the school, the family, sport, mass-media, judicial and medical infrastructures, have been organised, promoted and financed. However, it is not always possible to assure a real safeguarding of teenagers rights; this especially happens because the problem concerning the autonomous capacity of minors to consent (or non consent) to the medical treatment is much debated. However, many contradictions still persist about the effective duration of the pediatric age. All the same, it must be noted that the Legislator apparently realised that not only the physical, psychological and social maturity proceed by steps, but also the legal capacity.

Legal Thinking Inside and Outside the Box

OpenAIRE

Neil Walker, Neil Walker

2014-01-01

This paper commends Lindahl for his expansive and fluid conception of the defining and therefore delimiting terms of legal jurisdiction, as encompassing not only spatial, but al-so temporal, material and subjective criteria. It proceeds to challenge Lindahl to develop his philosophical insight in such a way thst allows for the intensified porosity of the con-temporary postnational or ‘globalising’ legal condition of late modernity to be adequate-ly distinguished from the State-centred Westpha...

Legal and administrative problems related to the treatment and disposal of radioactive wastes

International Nuclear Information System (INIS)

Cornelis, J.C.

1976-01-01

The consequence of the rapid expansion of nuclear power programmes is that the quantity of radioactive wastes will increase in proportion. These wastes are produced during the different stages of the fuel cycle. The management of these wastes raises certain legal problems particularly regarding the methods for final storage or for sea disposal. All these management methods have an international incidence and these aspects must be studied in step with technical problems. (N.E.A.) [fr

Problems of legal regulation of credit organizations employees' work and the ways for their solution

Directory of Open Access Journals (Sweden)

Vereshak S.B.

2016-09-01

Full Text Available legal and organizational aspects of regulation of work of employees (serving banks and other credit organizations are considered. Specifics of activity of banks and other credit organizations attract need of improvement of the legislation governing the labor relations in this sphere for the purpose of reduction in compliance of established practices and standard legal support. Problems of absence of unity of terminology in the legal acts which are the cornerstone of regulation of work of employees of banks come to light; features of work of bank workers that doesn't allow to provide full protection of their labor law aren't defined; the set of shortcomings of system of compensation in the bank sphere takes place. Conclusions about need of improvement of the existing labor and banking legislation, and also local legal acts of banks for the sphere of the organization of work and its payment are drawn. Elimination of the revealed shortcomings, according to authors, will allow to strengthen legal guarantees of work of employees of banks.

Proceedings of the seventh Northern region paediatric colloquium.

Science.gov (United States)

Barkla, Xanthe; Kaplan, Carole

2014-01-01

Ethical and legal dilemmas frequently arise in paediatric practice. Given the nature of the speciality, these issues are relevant to both the medical and legal professions. To this end, senior figures from the medical and legal professions in the Northern region have met on a regular basis in order to discuss anonymised case material. We report on the proceedings of the seventh such meeting. Six cases are described and key points arising from the subsequent discussion are presented.

Sakharov readings 2016: environmental problems of the XXI century. Proceedings of the 16 international scientific conference

International Nuclear Information System (INIS)

Maskevich, S.A.; Poznyak, S.S.; Lysukho, N.A.

2016-05-01

The proceeding includes materials of reports of 16-th international scientific conference 'Sakharov readings 2016: Environmental problems of XXI century', which took place 19-20 of May 2015 in the International A. Sakharov Environmental Institute at the Belarus State University (Minsk, Belarus). The proceeding continues abstracts about philosophical, social-ecological and bioethical problems of modernity; education for sustainable development; medical ecology; biological ecology; radiobiology; radioecology and radiation protection; information systems and technologies in ecology and medicine; regional environmental problems; ecological monitoring and management; renewable energy sources and energy efficiency. In the framework of conference a discussion 'Ethical aspects of biomedicine, genetics, nanomedical technologies and human ecology' was conducted. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges. (authors)

The archeological sites on lands: actual problems of the legislation and case study

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А. Б. Наконечний

2014-12-01

Full Text Available The article is dedicated to the analysis of the archeological sites on lands. There was examined their legal status, places of the main categories among the land plots in Ukraine. It is proposed the decision of the main legislative problems and the elimination of shortcomings in the proceedings of relevant categories of cases.

The Legal Investigation Peculiarities in RF Constitutional Court

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Natal'ya V. Lebedeva

2012-11-01

Full Text Available The article features the legal proceedings between Federal Bodies, Entities of Russian Federation, and supreme bodies of RF entities which are both of theoretical and practical interests to powers of RF Constitutional Court.

Biomedical waste management - problems and perspectives: legal, administrative and fiscal viewpoint

International Nuclear Information System (INIS)

Jayaraman, S.; Philip, P.C.; Stephens, R.

1983-01-01

In recent years, the costs for the disposal of low level radioactive wastes have escalated and the states in which commercial waste disposal sites are located have also been insisting on ''hold harmless'' and indemnity agreements from the users of such sites. Coupled with the above, the uncertainty associated with the sites being kept open, has created a significant problem for the generators of low level wastes, forcing them to look for alternatives such as incineration. This paper attempts to provide an insight into the problem of low level radioactive wastes disposal from the legal, administrative and fiscal viewpoint as it pertains to statesupported teaching medical institution. Some aspects of public relations are also covered

Problems and Tendencies of Development of Political and Legal Environment of Public-private Partnership in Russia

Directory of Open Access Journals (Sweden)

Альберт Илдусович Абдрахманов

2013-12-01

Full Text Available The article is dedicated to the study o/f political and legal terms for Public-Private Partnerships (PPP development while PPP becomes the issue of today for Russian political and social-economic life. The article covers particularly the analysis of the effective legislation of PPP at the federal and regional levels and appraisal of the current political trends regarding the development of legal partnership between the government and companies in the connection with the legislation. The author provides research especially of the prospects of the PPP federal Draft Law and reveals key specifics and problems of the legal environment of PPP in districts of the Russian Federation.

Proceedings of 6. international scientific conference 'Sakharov readings 2006: Ecological problems of XXI century'. Pt. 2

International Nuclear Information System (INIS)

Kundas, S.P.; Okeanov, A.E.; Poznyak, S.S.

2006-05-01

The second part of proceedings of the sixth international scientific conference 'Sakharov readings 2006: Ecological problems of XXI century', which was held in the International A. Sakharov environmental university, contents materials on topics: radioecology, environmental monitoring, information systems and technologies in ecology, ecological priority energy engineering, ecological management and ecological education. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

THE SUSPENSION OF CRIMINAL INVESTIGATION IN THE EVENT OF INCIDENCE OF A TEMPORARY LEGAL IMPEDIMENT

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Nadia Claudia CANTEMIR – STOICA

2018-05-01

Full Text Available The criminal investigation is the first stage of the criminal proceeding, necessary to be carried out under legality, so as to collect the necessary evidence to find the truth in order to prosecute or not to prosecute a person subject to the criminal investigation. Sometimes, depending on the quality at the time the criminal offense was committed or on the occasion of the investigations, it is not possible to order the criminal proceedings to be initiated, given that there is a temporary legal impediment. The present study aims to bring to the debate the theoretical and practical elements regarding the institution of temporary legal impediment

Sakharov readings 2010: Environmental problems of the XXI century. Proceedings of the 10 international scientific conference. Part 1

International Nuclear Information System (INIS)

Kundas, S.P.; Mel'nov, S.B.; Poznyak, S.S.

2010-05-01

Proceeding includes materials of reports of 10-ts international scientific conference. Part 1e 'Sakharov readings 2010: Environmental problems of XXI century', which took place 20-21 of May 2010 in the International Sakharov Environmental University. The first part of the proceedings continues abstracts about social-ecological and ecology-ethical problems, medical ecology, biological ecology, biomonitoring, bioindication and bioremediation. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges.

Domestic violence survivors and their experiences during legal process.

Science.gov (United States)

Özçakar, Nilgün; Yeşiltepe, Gözde; Karaman, Gökçe; Ergönen, Akça Toprak

2016-05-01

Many victims of domestic violence do not seek recourse to the needed medical and legal services. The aim of this study was to determine the difficulties faced by and experiences of female survivors of domestic violence during their medical and legal proceedings. We designed our study using a qualitative approach to understand the experiences of survivors during the legal process as well as their feelings and attitudes towards domestic violence through in-depth interviews. The data obtained from the participants were analyzed and synthesized using a thematic analysis procedure. Most of our participants reported different types of domestic violence, citing feelings of fear and loneliness during these experiences. They reported feeling dissatisfied with their complaints being ignored by the police and the perpetrators remaining unpunished. They complained of the complex procedures and negligence of staff in health-care centers such as hospitals, and they reported being shifted to several different places. We believe that an assessment of such female survivors in terms of specific standards set by specialists will help make improvements to the legal process. Education programs should be organized for professionals dealing with survivors of domestic violence. Special health-care services with fast proceedings must be established in health-care centers. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

The Albanian legal framework on non-discrimination and gender equality in employment relationships

Directory of Open Access Journals (Sweden)

Ilir Rusi

2012-02-01

Full Text Available The aim of this article is to present the concept of bankruptcy as a legal judicial procedure to be followed in case that the legal or natural person becomes insolvent. The paper is focused on the meaning of bankruptcy, the subjects of bankruptcy proceedings, causes for the opening of this proceeding, the competent court and its decision according to the law no.8901, dated 23.05.2002 “On bankruptcy” published in official Journal nr.31/2002. These article deals also with the organs of bankruptcy proceedings, administrator, meeting of creditors and methods of the conclusion of bankruptcy proceedings. A brief description of debtor’s possibilities during bankruptcy proceedings is given also in article. It deals with debtor’s closeout, rehabilitation/reorganization of the company and debtor’s liquidation. However, it should be noted that the bankruptcy procedure is a procedure not very widespread in our country, that due to the small number of cases before our courts. It also has to do with the fact that subjects rarely addressed the court.

Sakharov readings 2014: environmental problems of the XXI century. Proceedings of the 14th international scientific conference

International Nuclear Information System (INIS)

Dunaj, V.I.; Poznyak, S.S.; Lysukho, N.A.

2014-05-01

The proceeding includes materials of reports of 14-th international scientific conference 'Sakharov readings 2014: Environmental problems of XXI century', which took place 29-30 of May 2014 in the International A. Sakharov Environmental University (Minsk, Belarus). The proceeding continues abstracts about social-ecological, ecology-ethical and pedagogical problems in light of the Sakharov' ideas; medical ecology; biological ecology; biomonitoring, bioindication and bioremediation; radioecology and radiation protection; information systems and technologies in ecology and medicine; ecological monitoring, management and audit; renewable energy sources and energy efficiency; climate change and sustainable development; regional ecological problems. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges. (authors)

Legal Inheritance in the Republic of Kosovo

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Dr.Sc. Hamdi Podvorica

2011-06-01

are obli-gated by law (article 96 of the Non-contentious Procedure Law, has caused a chaotic state in legal proceeding of hereditary property, because many physical persons have died or have been declared dead, while legal procedures for pro-perty proceeding have not been initiated, or even if they have, cases remain pending for years in courts. To overcome this situation, it is imperative to increase the number of judges in a short period of time.

Formation of ecological and legal science: resource aspect and its integration problems

Directory of Open Access Journals (Sweden)

А. П. Гетьман

2016-04-01

Full Text Available Problem setting. Social and environmental issues of waste management facing society relatively recently, but showed a tendency to expand and deepen, which in turn caused the necessity of formation of effective policy in this area. Recent research and publications analysis. Some aspects of the present stage of the formation of environmental law and its relationship to nature and resources law, structural and systemic connections was studied by various researchers in the context of environmental policy and legislation analysis, regulation of wildlife relationships, expanding the scope of regulation of resource. In particular, they can mark out V. Andreytsev, A. Getman, M. Krasnova, N. Malisheva and others. However, comprehensive studies of this policy is currently not available. Paper objective. The purpose of the article is a theoretical analysis of the current state of environmental law, the formation of the next stage of development of natural resource relationships, their expansion and transformation into a resource (ecologic and resource in order to adequately respond to the differentiation and complexity of structural and systemic linkages. Paper main body. The development and dynamics of the environmental, natural resources legislation is largely driven by global and European processes and requires constant updating in order to overcome gaps, timely and adequate response to contemporary challenges, changes in value paradigms and so forth. One of these problems is the development of traditional branches of law and directions research that, in turn, raises the question of substantive content, structural and systemic links of these areas of law. Any delay in the establishment of the theoretical and methodological and scientific and legal framework for a new legal phenomena in the framework of ecological and legal science creates the preconditions for the expansion of research not only to them but also in relation to the already well

Problems of softening the Chernobyl accident consequences. Proceedings of the International seminar. Pt. 1

International Nuclear Information System (INIS)

1993-01-01

Proceedings of the International seminar on the Problems to soften the Chernobyl accident consequences held by the International Association of Dissemination of Knowledge and the Russian branch of the Society on the Dissemination of Knowledge in Bryansk in 1993. The proceedings of the seminar deal with the study of scientific and practical activity linked with the elimination of the Chernobyl accident effects. Main theoretical concepts used as the basis of the elaborated regulations are presented, as well; ways and techniques to soften the consequences of the Chernobyl accident to decontaminate the affected territories and to protect the population health are discussed

Bargaining for Equality. A Guide to Legal and Collective Bargaining Solutions for Workplace Problems that Particularly Affect Women.

Science.gov (United States)

Popkin, Mary; Ross, Diane

This is a guide to legal and collective bargaining solutions for workplace problems that particularly affect women. The first section of the guide presents a survey of legal remedies for discrimination including information on: (1) Title VII; (2) Equal Pay Act; (3) Executive Order 11246; (4) Age Discrimination in Employment Act; and (5) State Fair…

Proceedings of 5. international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century'. Pt. 2

International Nuclear Information System (INIS)

Kundas, S.P.; Okeanov, A.E.; Shevchuk, V.E.

2005-05-01

The first part of proceedings of the fifth international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century', which was held in the International A. Sakharov Environmental University, contents materials on topics: radioecology, ecological and radiation monitoring, new information systems and technologies in ecology, priority ecological power engineering, management in ecology, ecological education. The proceedings are intended for specialists in field of ecology and related sciences, dosimetry, engineers, teachers, students and post-graduate students

Energy Law'88 Proceedings

International Nuclear Information System (INIS)

1988-01-01

This Seminar, divided into 10 topics, covered the legal, economic and trading aspects of oil, coal, natural gas and minerals, nuclear energy was examined from the viewpoint of present government policies, the future of this source of energy and of other sources. The papers presented at the Seminar are reproduced in the Proceedings. (NEA) [fr

Sakharov readings 2010: Environmental problems of the XXI century. Proceedings of the 10 international scientific conference. Part 2

International Nuclear Information System (INIS)

Kundas, S.P.; Mel'nov, S.B.; Poznyak, S.S.

2010-05-01

Proceeding includes materials of reports of 10-ts international scientific conference 'Sakharov readings 2010: Environmental problems of XXI century', which took place 20-21 of May 2010 in the International Sakharov Environmental University. The second part of the proceedings continues abstracts about radioecology and radiation security; ecological informational systems and technologies; ecological monitoring, management and audit; resumption sources of energy and energy-saving technologies; problems of ecological education. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges. (authors)

Decision-making in administrative proceeding

Directory of Open Access Journals (Sweden)

Lončar Zoran J.

2015-01-01

Full Text Available Administrative decision-making by official who conducting the administrative procedure may have a number of advantages over the decisionmaking by the senior official which manages by the administrative authority. However, to make that such a novelty have positive effects, it is necessary, next to the amendments to the Law on Administrative Procedure, to create a number of legal and factual assumptions, on whom are based highly politicized and professionalised administrative systems today. In order to create the legal conditions for the introduction of innovations in administrative proceedings in the Republic of Serbia, it is necessary to appropriately modify, firstly certain provisions of the Law on Public Administration, as the basic systemic regulation in this area, and then the Law on Civil Servants, as the basic status regulation, so the civil servant career become less dependent on the will of officials who manage by the administrative authorities. Also, it is essential to solve a number of other issues on a proper legal way, such as way of harmonizing administrative practice within the same administrative authority, a way of solving the appeals in the case of first instance decisions made by independent administrative authority, different rules for conflict of interest with the state officers who may be authorized officials in administrative proceedings, etc.

Power and control in the legal system: from marriage/relationship to divorce and custody.

Science.gov (United States)

Watson, Laurel B; Ancis, Julie R

2013-02-01

The purpose of this study was to examine the ways in which abuse that occurred during marriage/relationship continued within divorce and custody-related legal proceedings. Twenty-seven women participated in semistructured interviews. Interviews were analyzed utilizing a grounded theory approach in order to inductively arrive at a theory explaining how abuse dynamics may continue during legal proceedings. Participants identified child support litigation, custody and visitation battles, intimidation/harassment, deliberately prolonging the case, manipulating finances, and distortions of information as methods by which their exes sought to maintain power and control. Counseling implications are described.

The Reach of the Arbitration Agreement to Parties involved in the Same Legal Relationship

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Felipe Vollbrecht Sperandio

2012-07-01

Full Text Available Complex legal relationships may involve a net of companies, linked to each other by several autonomous contracts, performing works and services towards a single project. If disputes arise, resolving each of them independently may result in incompatible decisions, situation which could hinder the project outcome. Therefore, it might be recommended to resolve these disputes into multi-party proceedings or multiple proceedings before the same arbitral tribunal. In order to achieve the purpose, the proper legal instruments shall be identified and, based on these; a contractual framework has to be tailored.

Municipal Level of Strategic Planning: Economic and Legal Problems

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Evgeniy Moiseevich Bukhvald

2016-12-01

Full Text Available The article focuses on the need of integration of municipal government into a unified hierarchy of strategic planning in the country. The basic positions of the acting version of the Federal law no.131 “On general principles of organization of local self-government” and the Federal law no. 172 “On strategic planning” don’t provide clear legal framework for the solution of this problem. Besides, the practical integration of municipal management into a unified hierarchy of strategic planning meets serious economic obstacles, the main of which consist in the negative situation within the system of local finance, characterized by trends of deficiency, high dependence on subsidies and, as a consequence, volatility and lack of predictability in relation to any plans and programs of long-term nature. The main idea of the article is to prove the need for a systemic approach to solving tasks, related to the integration of municipal management in a unified vertical of strategic planning in the country. The essence of this approach is the combination of a number of legal innovations in the legislation on strategic planning and local government with a set of measures, aimed to strengthen the fiscal basis of Russian local self-government together with institutional ensuring of municipal planning and its interaction with the practice of strategic planning at the level of subjects of the Russian Federation.

Problems of applying legal liability for offenses in the sphere of long-term temporary usage of forests in Ukraine

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Д. М. Мікулин

2015-11-01

Full Text Available Problem setting. Today the institute of legal responsibility functionates inefficiently, which can be explained by a weak theoretical development problems of this institution in particular legal sciences (including the environmental law; legislative gaps; low level of skills of the executive officers in the field of environmental protection, rational use, restoration and protection of natural resources. These provisions completely relate as well to the problems of applying legal responsibility for violations in the field of long-term temporary use of forests. Recent research and publications analysis. Issues of legal responsibility for offenses in the sphere of forest usage were considered in the scientific works of B. Boreiko, S. Kravchenko, O. Shumilo, O. Storchous etc. Anyhow, the legal precedents in the scope of offenses in the sphere of long-term temporary usage of forests in Ukraine remains not studied. Paper objective is the analysis of the most typical recent legal cases in the scope of long-term temporary usage of forests that demonstrate the roots for conflicts between the forest users, local public authorities and the public. Paper main body. Based the an analysis of cited precedents, it can be unequivocally concluded that the forest legislation doesn’t regulate efficiently the liability for violations in the field of long-term temporary usage of forests in Ukraine. Forest users often fail to comply with the contract terms of using forests in the part of veto on business activity, as well as constructing fences, that impedes the access of local residents to natural resources. The procedure for receiving forest lands in temporary usage is extremely corrupt, and citizens have to go to court to bring regional administrations to administrative responsibility for unjustified refusal to provide forest lands in the long-term temporary usage. Conclusions of the research. Author believes that the effective solution of modern problems is not

Politico-Legal Views of A. V. Kolchak on the Problems of the Unity of Russia

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Fedor S. Sosenkov

2017-05-01

Full Text Available The article considers political-legal views of A. V. Kolchak on problems of ensuring state unity of Russia. Some telegrams, letters, and other documents of A.V. Kolchak and his government, other leaders of the «white movement» are analyzed.

5½ Problems with Legal Positivism and Tax Law

OpenAIRE

Bogenschneider, Bret

2017-01-01

This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...

Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

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Shidarta Shidarta

2017-01-01

Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

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Dmitriy E. Nekrasov

2014-09-01

Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

The problem of the legal nature of Green Certificates in the Italian legal system

International Nuclear Information System (INIS)

Colcelli, Valentina

2012-01-01

Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

Language impairments in youths with traumatic brain injury: implications for participation in criminal proceedings.

Science.gov (United States)

Wszalek, Joseph A; Turkstra, Lyn S

2015-01-01

As many as 30% of incarcerated juveniles have a history of traumatic brain injury (TBI). Moderate or severe TBI is associated with a high risk of impairment in language comprehension and expression, which may have profound effects on juveniles' ability to understand and express themselves in criminal proceedings. In this article, we review common language impairments in youths with TBI and discuss potential effects of these impairments on 3 stages of US criminal proceedings: (1) initial encounter with law enforcement; (2) interrogation and Miranda rights; and (3) competence to undergo trial proceedings. We then describe language assessment tools and procedures that may be helpful in legal contexts. Our aim was to inform clinicians and legal staff working with juvenile defendants with TBI, with the long-term goal of developing empirically based guidelines to ensure that juvenile defendants with TBI can fully and effectively participate in criminal proceedings.

Proceedings of the 5. Brazilian Congress on Energy

International Nuclear Information System (INIS)

1990-01-01

The Proceedings of the 5. Brazilian Congress on Energy includes the Technical Sessions on the following areas: energy sources, legal and institutional aspects of the exploration of energy sources, energy conservation and use, and energy planning. (M.V.M.)

[Non-commercial clinical trials--who will be the legal sponsor? Sponsorship of investigator-initiated clinical trials according to the German Drug Law].

Science.gov (United States)

Benninger-Döring, G; Boos, J

2006-07-01

Non-commercial clinical trials may be of great benefit to the patients concerned. The 12th amendment to the German Drug Law (AMG) changed legal liability of the initiators of investigator-initiated clinical trials with extensive consequences for traditional project leaders. The central point under discussion is the sponsor's responsibility according to the AMG. Presently leading management divisions of university hospitals and universities are developing proceedings to assume sponsor responsibility by institutions (institutional sponsorship), which should enable investigator-initiated clinical trials to be conducted according to legal requirements in the future. Detailed problems and special questions can only be resolved in a single-minded fashion, and if necessary political processes should be catalyzed.

LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS

Directory of Open Access Journals (Sweden)

R. R. Kalinina

2014-10-01

Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.

Procedural Justice in Dutch Administrative Court Proceedings

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André Verburg

2014-11-01

Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

Money Laundering. Aspects of Legal and Criminal Issues

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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.

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

Corporate Governance in Shareholding Companies: Comparing Legal Perspective and Position of Shari’ah

Directory of Open Access Journals (Sweden)

Aznan, H.

2015-12-01

Full Text Available This study examines the concept of corporate governance in shareholding companies and the legal perspective in comparison with the position of Shari’ah. The purpose of governance is to instil confidence among the stakeholders that the Boards of Directors are applying a diligent legal and administrative framework, to avoid potential administrative and financial failures and corruption. The study has proceeded by defining the concept of governance from linguistics, accounting, administrative, and legal perspectives. The study also discusses the stands of international organisations on the issue of corporate governance. Then, it is proceeded by discussing the concept of corporate governance from Shari’ah point of view. The study found that even with the absence of the term “company governance” in Islamic Law, the concept of corporate governance is in line with the Shari’ah and that their scholars have clearly referred to it in their literature. The study has used the descriptive, analytical, inductive and comparative methodology in analyzing the subject matter.

LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

Directory of Open Access Journals (Sweden)

Damir Aviani

2008-01-01

Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

Antiprogestin drugs: ethical, legal and medical issues.

Science.gov (United States)

Cook, R J; Grimes, D A

1992-01-01

RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems

Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

Science.gov (United States)

Trembecka, Anna

2016-06-01

A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2018-01-01

Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

Sakharov readings 2009: Environmental problems of the XXI century. Proceedings of the 9 scientific conference

International Nuclear Information System (INIS)

Kundas, S.P.; Mel'nov, S.B.; Poznyak, S.S.

2009-05-01

Proceeding includes materials of reports of 9-ts international scientific conference 'Sakharov readings 2009: Environmental problems of XXI century', which took place 21-22 of May 2009 in the International Sakharov Environmental University. Represented materials were integrated to next parts: social-ecological and ecology-ethical problems; medical ecology; bio ecology; bio monitoring, bio indication and bioremediation; radioecology and radiation security; ecological informational systems and technologies; ecological monitoring, management and audit; resumption sources of energy and energy-saving technologies; problems of ecological education. Materials of the conference intend on wide area of the specialists in ecology and adjacent sciences, teachers, post-graduate students and students of universities and colleges. (authors)

Underbanked: Cooperative Banking as a Potential Solution to the Marijuana-Banking Problem.

Science.gov (United States)

Tighe, Patrick A

2016-01-01

Numerous states have recently legalized recreational marijuana, which has created a burgeoning marijuana industry needing and demanding access to a variety of banking and financial services. Due, however, to the interplay between the federal criminalization of marijuana and federal anti-money laundering laws, U.S. financial institutions cannot handle legally the proceeds from marijuana activity. As a result, most financial institutions are unwilling to flout federal anti-money laundering laws, and so too few marijuana-related businesses can access banking services. This Note argues that the most viable policy option for resolving this "underbanking" problem is a financial cooperative approach such as a cannabis-only financial cooperative. Even in light of federal anti-money laundering laws, this Note contends that the Federal Reserve is legally authorized to grant some cannabis-only financial cooperatives access to its payment system services under the Monetary Control Act of 1980.

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.

Corporate Governance in Shareholding Companies: Comparing Legal Perspective and Position of Shari’ah

OpenAIRE

Aznan, H.; Harith Amir Hasan Al Timimi

2015-01-01

This study examines the concept of corporate governance in shareholding companies and the legal perspective in comparison with the position of Shari’ah. The purpose of governance is to instil confidence among the stakeholders that the Boards of Directors are applying a diligent legal and administrative framework, to avoid potential administrative and financial failures and corruption. The study has proceeded by defining the concept of governance from linguistics, accounting, administrat...

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

International Nuclear Information System (INIS)

Kurz, A.

1992-02-01

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 procedure 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. This is reflected also in studies of the legal functions of public participation, according to which the lawfulness of procedures is observed without, however, the legitimacy of the project being achieved. (orig./HP) [de

Criminal sanctions for legal enties: An instrument of crime control

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2016-01-01

Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one

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

DEFF Research Database (Denmark)

This volume, the fifth in the series, contains the proceedings from the conference Custom. The Development and Use of a Legal Concept in the Middle Ages held at the Law School at the University of Aarhus in May 2008. The volume covers topics from local case studies and studies of learned law...... to broader reflections on the development and use of the legal concept consuetudo and its connection with other sources of law, with the balance between local and regional power structures, and secular and ecclesiastical societies in medieval Europe. Combining the approaches of several historical disciplines...... - 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...

Artificial intelligence approach to legal reasoning

International Nuclear Information System (INIS)

Gardner, A.V.D.L.

1984-01-01

For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

A Brief Study of Legal Problems in the Music Business

Science.gov (United States)

Shankman, Ned N.

1977-01-01

Individuals who go into music careers will find that they are affected and sometimes governed by particular laws and legal agreements. Provides, as an example of a legal concern of a music career, an examination of a songwriter' contract, particularly the question of sources. (Editor/RK)

Legal aspects of intergenerational equity issues

International Nuclear Information System (INIS)

Green, H.P.

1984-01-01

This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

The relevance of introducing opposition proceedings into the Serbian trademark legislation

Directory of Open Access Journals (Sweden)

Vasić Aleksandra

2014-01-01

Full Text Available This paper analyzes the quality of certain legal procedures applied in domestic trademark legislation in the light of harmonizing our legislation with those of the EU. Trademark Law in the Republic of Serbia (2009 does not rely on opposition proceedings as a phase in the process of trademark registration and a tool that would ensure that only those trademarks that fulfill the necessary conditions are granted legal protection. Intellectual Property Office examines the so-called relative grounds for trademark registration refusal but does so ex officio, thus preventing the holders of trademark rights from benefiting from a relatively inexpensive and effective opposition procedure regarding the registration of a second trademark which violates their previously established rights. In contrast to our trademark laws, EU Council Regulation 207/2009 on Community Trademarks of February 26, 2009 (CTMR -Community trademark regulation enforces opposition proceedings as the most important phase in the process of trademark registration. European experience shows that opposition proceedings carry significant benefits for the process of trademark application. First of all, they allow the holders of previously established trademark rights to avoid long and costly court proceedings whose purpose is to dispute trademarks that violate the owner's rights. Also, state agencies authorizing in trademark approval no longer need to monitor registered trademarks.

Legal argumentation and judicial decision making: Empirical evidence from Ecuador

Directory of Open Access Journals (Sweden)

José Luis Castro-Montero

2018-05-01

Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

Multiculturalism and legal autonomy for cultural minorities

Directory of Open Access Journals (Sweden)

Morten Ebbe Juul Nielsen

2013-11-01

Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798

Legal control of technical large-scale projects

International Nuclear Information System (INIS)

Kuhnt, D.

1981-01-01

The principle derived from experience that large projects require approval by the courts may not longer be valid. On the contrary, the courts are only entitled to real legal control according to the principle of the division of powers. If not accurately defined legal terms cannot be waived, the administration has to set the frame for review by courts by technical standards to be given in statutory ordinances, administrative provisions and administrative instructions. The average term of administrative proceedings has to be shortened considerably. The plaintiff as well as the beneficiaries of the act of licensing have a right to a prompt decision. The immediate execution of a decision can, on principle, also not be waived in future. More than up to now, the careful consideration of the interests and not an anticipated judgement on the main issue has to be the subject of legal examination according to section 80, subsection 5 of the German code of administrative procedure (Verwaltungsgerichtsordnung). (orig./HP) [de

A Legal Institutional Perspective on the European External Action Service

DEFF Research Database (Denmark)

Van Vooren, Bart

2011-01-01

the EEAS be drawn into proceedings before the Court of Justice? In answering those questions, this article then examines to which extent the legal-institutional choices on the structure of the EU External Action Service reflects the age-old tension entrenched in EU external relations law: the EU’s nature...

Proceedings of the third international symposium on fire economics, planning, and policy: common problems and approaches

Science.gov (United States)

Armando González-Cabán

2009-01-01

These proceedings summarize the results of a symposium designed to address current issues of agencies with wildland fire protection responsibility at the federal and state levels in the United States as well as agencies in the international community. The topics discussed at the symposium included regional, national, and global vision of forest fires: common problems...

40 CFR 1611.9 - Testimony in Federal, State, or local criminal investigations and other proceedings.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Testimony in Federal, State, or local criminal investigations and other proceedings. 1611.9 Section 1611.9 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.9 Testimony in Federal, State, or local criminal...

Organ transplantation: legal, ethical and islamic perspective in Nigeria.

Science.gov (United States)

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-07-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

Science.gov (United States)

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-01-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

Death with Dignity: A Tripartite Legal Response

Science.gov (United States)

Leblang, Theodore Raymond

1978-01-01

This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)

FUZZY LOGIC IN LEGAL EDUCATION

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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

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.

Collective legal protection: The European approach

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Petrušić Nevena

2014-01-01

Full Text Available One of the basic goals of the EU justice policy is to ensure an efficient and effective legal protection, particularly in cross-border disputes and cases concerning the violation of rights guaranteed under the EU legislation. In order to accomplish this goal, the EU embarked on a horizontal harmonization of civil procedure in some sectors and reinforced the institutional cooperation of Member States in the field of civil justice. Concurrently, there were some legal interventions in the field of civil procedure, which contributed to establishing a number of European procedural mechanisms, such as: the European Small Claims Procedure (2007, the European Payment Order Procedure (2006, etc. Many studies and analyses show that procedural mechanisms of collective legal protection are essential for ensuring an efficient and effective legal protection of rights guaranteed by the EU law. The idea of introducing the collective legal protection instruments into the EU law has been present for more than two decades. It has been endorsed by the European Economic and Social Committee, which has played the key role in its promotion. In June 2013, after extensive consultations, the European Commission adopted the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Members States concerning violations of rights guaranteed under the EU law. This document has provided a coherent horizontal framework for the collective legal protection at the EU level by establishing the common European principles for collective redress mechanisms which the Member States should incorporate into their national systems. Analysis of the common principles governing the collective legal protection shows that the European approach to shaping the collective redress claims is significantly different from the American class action model, which is considered to be incompatible with the European legal tradition and deemed to provide a wide

Intergas `95: International unconventional gas symposium. Proceedings

Energy Technology Data Exchange (ETDEWEB)

NONE

1995-07-01

The International Unconventional Gas Symposium was held on May 14--20, 1995 in Tuscaloosa, Alabama where 52 reports were presented. These reports are grouped in this proceedings under: geology and resources; mine degasification and safety; international developments; reservoir characterization/coal science; and environmental/legal and regulatory. Each report has been processed separately for inclusion in the Energy Science and Technology Database.

The relevance of introducing opposition proceedings into the Serbian trademark legislation

OpenAIRE

Vasić Aleksandra

2014-01-01

This paper analyzes the quality of certain legal procedures applied in domestic trademark legislation in the light of harmonizing our legislation with those of the EU. Trademark Law in the Republic of Serbia (2009) does not rely on opposition proceedings as a phase in the process of trademark registration and a tool that would ensure that only those trademarks that fulfill the necessary conditions are granted legal protection. Intellectual Property Office examines the so-called relative groun...

A Formidable Task: Reflections on obtaining legal empirical evidence on human trafficking in Canada

OpenAIRE

Hayli Millar; Tamara O'Doherty; Katrin Roots

2017-01-01

This article explores the experiences, challenges and findings of two empirical research studies examining Canada’s legal efforts to combat human trafficking. The authors outline the methodologies of their respective studies and reflect on some of the difficulties they faced in obtaining empirical data on human trafficking court cases and legal proceedings. Ultimately, the authors found that Canadian trafficking case law developments are in their early stages with very few convictions, despit...

LEGAL PROTECTION OF AVIATION IN THE CONTEXT OF GLOBALIZATION, RISKS AND SOCIAL ENTROPY AS A SCIENTIFIC PROBLEM: APPROACHES AND SOLUTIONS

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O. O. Chernaya

2015-01-01

Full Text Available The article considers the issue concerning the international legal problem of using armed forces to counter the threats posed by the misuse of civil aircraft, in particular, the use of civil aircraft as a weapon to kill people and destroy objects on the territory of States (the events of 11th September 2001 in the USA. It proves the need for universal international legal norms regulating the actions of States to prevent and suppress acts of the misuse of civil aircraft.

To the problem of improving normative legal basis of organization of local self-government in Russia

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Olga Bazhenova

2017-01-01

Full Text Available The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.

New Serbian criminal procedure: New reasons for harmonization with European legal standards

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Đurđić Vojislav

2014-01-01

Full Text Available The new criminal procedure, set forth in 2011, represents a compilation of the inquisitive model of preliminary proceedings, on the one hand, and adversarial trial of the Anglo-American type of criminal procedure on the other. Introduction of the public prosecutor's investigation required a subtle legislative approach to the protection of human rights in criminal proceedings, in order to establish equilibrium between efficient and just procedure. Instead of the expected, the erroneous conception based on the ideas that the public prosecutor's investigation should be strictly formal as that of a court, that evidence taken by the non-judicial authorities should have the same bearing as those taken by the courts, and that the court should have no role in conducting investigation, resulted in an overly inferior position of the accuses compared to that of the public prosecutor. Beside the fact that such conception can not pass the ECJ test, the specific legal solutions referring the investigation open the question of harmonization with the European legal standards. The provisions on initiation of this phase of the proceedings, not being legally sanctioned, put in question the right of the accused to access justice, as well as his right to an effective legal remedy, and the introduced investigation against the unknown perpetrator, the right to be present at one's own trial is being jeopardized. Neither do all procedural rules pertaining to the trial support the fair procedure principle: the indirect extortion of evidence from the defense is discordant with the rule that the burden of proof lies on the prosecutor, as one of the main pillars of the assumption of innocence; as well as the broad opportunity to use non-judicial evidence at the hearing without any major legal obstacles, have demolished the principles of directness and contradictoriness. Even some of the minimal right of the defense as well as the guarantees of personal freedom in the course

Opinions of legal professionals: Comparing child and adult witnesses' memory report capabilities

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Jens Knutsson

2014-07-01

Full Text Available The opinions of legal professionals about child and adult witnesses might influence the likelihood that a case is allowed to proceed through the different stages of the legal process. With the aim of knowing the opinions of legal practitioners about child and adult witnesses, 84 legal professionals (Swedish police, prosecutors, and attorneys were surveyed about their beliefs about child and adult eyewitness memory (and metamemory abilities. The respondents answered 27 questions relating to nine forensically relevant belief areas in which they compared the memory ability of children (ages 7 to 11 years and adults. The results showed no differences in assessment among members of different professions and a general trend suggesting that, across the professions, children were believed to be poorer witnesses than adults regarding their memory abilities. Moreover, the professionals' within-group consensus was very low. These results are discussed in the context of eyewitness research findings and with respect to the implications for both legal and research practice.

GROUNDS FOR LIMITING PROPERTY RIGHTS IN THE APPLICATION OF TEMPORARY SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS

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Tetiana Suprun

2018-01-01

Full Text Available The purpose of the paper is to investigate reasons for the restriction of property rights in the application of temporary seizure of property in criminal proceedings and to determine promising directions for further research on the issues. The issue of measures to ensure criminal proceedings and observance of human and civil rights and freedoms was investigated by a number of domestic scientists, but the degree of investigation of grounds for restricting property rights in the application of temporary seizure of property in criminal proceedings in the context of amendments made to the CPC of Ukraine in recent years remains insufficient. That is why the study of the grounds for limiting property rights in the application of temporary seizure of property in criminal proceedings is now of particular urgency. Methodology. Methodological basis of the research is a set of philosophical, general scientific, special scientific methods. The method of logical-semantic analysis is used to clarify the meaning of multi-valued concepts, the application of the method of system analysis allowed investigating the place of the institute of property rights in legal literature and legislation of Ukraine. The method of grouping and the system and structural approach are used for classifying the distribution, ascertaining the internal structure, and analysing the interconnections between elements of the concept of ownership and the category of property rights restriction. Results. The paper examines the factual and formal legal grounds for limiting the ownership of a suspect, accused, and other persons in the application of temporary seizure of property in a criminal proceeding. The conclusion is drawn on the need to clarify the factual grounds for the temporary seizure of property for cases where such a seizure is carried out by a person who has carried out legal detention in the manner prescribed by Articles 207, 208 of the CPC of Ukraine and is not an investigator

Controlling Legal Risk for Effective Hospital Management

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Hyun Jun Park

2016-04-01

Full Text Available Purpose: To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. Materials and Methods: This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Results: Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%. The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years, and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months. Conclusions: Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.

The Motivation of Judicial Judgments in Demands of Medications in the Context of the Crisis of Bourgeois Legality

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Ariadi Sandrini Rezende

2015-12-01

Full Text Available The provision of free medicines to the population for the treatment of diseases is regulated by Decree No. 7,508/2011, which created the National List of Essential Medicines. A problem occurs when it is asked how judges should proceed in demands of medication when the drugs desired are not in the list. It is necessary to confront the dogma that law is the law and, therefore, to demonstrate the requirements that the contemporary legal phenomenon requires for the foundations of judicial decisions when them talk about social rights. It is depicted the rise of the idea of legality within the bourgeois state. Three problems that led to the crisis of this political model of law are exposed. It is shown the process of constitucionalization of the social rights with the reform of the liberal state and, therefore, the consolidation of the desire to control the legislative political power and the legality. It is exposed how the judicial activity can consolidate the reform initiated by the constitutionalization of social rights when obstacles imposed against its effectiveness are exceeded by the judge. It will be shown the anachronism of merely loyalist decisions which deny provisionses in judicial demands of medications based on dogmas of nineteenth-century liberal state. It will be exposed the needs of serious judicial decisions which wonder about the role of the welfare state and judicial activity in the contemporary context.

Nuclear energy as a 'golden bridge'? Constitutional legal problems of the negotiation of the prolongation of the running time against skimming of profits

International Nuclear Information System (INIS)

Waldhoff, Christian; Aswege, Hanka von

2010-01-01

The coalition agreement of Christian Demographic Union (CDU), Christian Social Union (CSU) and Free Democratic Party (FDP) from 26th October, 2009 characterizes the nuclear energy as a bridge technology. The coalition parties explain to prolong the running times of German nuclear power stations up to a reliable replacement by renewable energies. The conditions for the prolongation of the running times are to be regulated in agreement with energy supply companies. In the contribution under consideration, the authors report on the fiscal legal problems of the skimming of profits. Constitutional legal problems of the earmaking of a skimming of profits as well as a consensual agreement are discussed in this contribution. In the result, a financial constitutionally reliable way for the skimming of added profits due to prolongation of the running time is not evident. The legal earmaking of the duty advent for the promotion of renewable energies increases the constitutional doubts.

International legal problems of topical interest concerning the peaceful navigation of nuclear ships

International Nuclear Information System (INIS)

Bernhardt, R.; Rudolf, W.

1975-01-01

The lack of internationally accepted laws on the operation of nuclear ships has proved so far perhaps a more serious obstacle to further development than the problems of a technical-economic kind, although international law by no means that inadequate that it could not, at least basically, do justice to the peaceful navigation of nuclear ships. The unsatisfactory legal situation has been caused in the first place by the conduct of the majority of states which, out of fear of the risks of nuclear ships, also questioned those articles of international maritime law which had been undisputed up to then. This goes in particular for the SOLAS convention, the principles of the peaceful crossing of territorial waters and of calling at ports. On the other hand, it ought to be pointed out, too, that the states obviously do not assume that the operation of nuclear ships is using the sea inadmissably under international law. One could see this as a continuation of the strict Trail-Smelter-doctrine which forbids states to allow activities which might have harmful effects on other national territories. There is no doubt, that the uses of nuclear energy belong to these dangerous activites. At the same time, they are accepted under international law, provided that they are supervised legally and provided that appropriate liability arrangments under civil law are at hand. This is the starting point for over coming the legal difficulties in the peaceful navigation of nuclear ships: it is to be treated as a matter of urgency to elaborate and to put into force comprehensive international conventions for the licensing and supervision of nuclear ships and concerning liablilty under civil law of the operators of nuclear ships. The required freedom in the navigation of nuclaer ships can only be achieved by further reglementation under maritime law. (orig./LN) [de

Legal highs - legal aspects and legislative solutions.

Science.gov (United States)

Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

2011-01-01

In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

Organ transplantation: Legal, ethical and Islamic perspective in Nigeria

Directory of Open Access Journals (Sweden)

Abubakar A Bakari

2012-01-01

Full Text Available Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ

Determining a Criminal Defendant's Competency to Proceed With an Extradition Hearing.

Science.gov (United States)

Piel, Jennifer; Finkle, Michael J; Giske, Megan; Leong, Gregory B

2015-06-01

When a criminal defendant flees from one state (often referred to as the requesting state) to another (often referred to as the asylum state), the requesting state can demand that the asylum state return the defendant through a process called extradition. Only a handful of states have considered a fugitive's right to be competent to proceed with an extradition hearing. Those states fall into three categories. Some states apply the same standard as in criminal trial competency cases. Others apply a more limited competency standard. Two have found that a fugitive has no right to be competent to proceed in an extradition hearing. The particular legal test adopted affects the nature and scope of the competency evaluation conducted by the psychiatrist or psychologist in the extradition hearing. In addition, we are not aware of any state that has considered what happens to the fugitive if he is ultimately found not competent to proceed. Legislation, either state by state or through amendments to the Uniform Criminal Extradition Act, can provide the legal and psychiatric communities with guidance in assessing competency initially and in taking appropriate steps if the fugitive is ultimately found not competent. © 2015 American Academy of Psychiatry and the Law.

The International Society for the Social Studies Annual Conference Proceedings (Orlando, Florida, February 27-28, 2014). Volume 2014, Issue 1

Science.gov (United States)

Russell, William Benedict, III, Ed.

2014-01-01

The "International Society for the Social Studies (ISSS) Annual Conference Proceedings" is a peer-reviewed professional publication published once a year following the annual conference. The following papers are included in the 2014 proceedings: (1) Legal Profession in the Technological Era with Special Reference to Women Lawyers in…

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…

THE COMPLAINT ABOUT THE PROTRACTION OF PROCEEDINGS

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Vlad-Silviu STANCIU

2015-07-01

Full Text Available The complaint about the protraction of proceedings (“contestaţia privind tergiversarea judecății” has the role of sanctioning the passivity of the court of law which does not use the means necessary for correcting irregular conduct, or even worse, it disregards the legal provisions requiring a certain conduct from the court itself. The complaint about the protraction of proceedings should not be seen as a possibility to sanction the judge empowered to solve the case. This appeal is actually a remedy provided by law, intended to correct those situations in which the court of law is causing undue delay to the cases, or even more, it doesn`t take the necessary measures for protecting the right to a fair trial within a reasonable and foreseeable time.

32 CFR 727.6 - Functions of legal assistance officers.

Science.gov (United States)

2010-07-01

... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... Act of 1964 and pertinent Navy instructions. (b) Nature of assistance. Legal assistance officers and... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are...

Intelligence as evidence in criminal proceedings

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Lukić Tatjana

2011-01-01

Full Text Available The fight against modern forms of crime such as organized crime, terrorism and other very serious crimes caused not only modification of procedural principles and procedural rules, but also the necessity of re-examination of evidence in terms of introducing new evidence in criminal proceedings. Given that the prevention, detection and proving in cases of mentioned offenses represent the systemic issue and that the efficiency is caused by cohesion of preventive and repressive mechanisms in each strategy of preventing and combating serious crimes, the more often raised question, aroused from the practice, is the issue of the use of information gathered by the police or security services as evidence in criminal proceedings. In addition, there is the issue of use of illegal evidence, the ways in which these evidence are defined in some jurisdictions and which are the legal consequences of their use in judicial decision, whether it is based only on them, or on some other evidence beside them. The author addresses the issues of necessity and justification for use of information of security services as evidence in criminal proceedings, their definition and difference with respect to data, experiences and practices in other countries and of course their use as evidence in criminal proceedings of Serbia. Also, the paper addresses the Criminal Intelligence Analytics, exchange of information between the competent authorities at national and international level.

Does legal institutionalism rule out legal pluralism?
Schmitt’s institutional theory and the problem of the concrete order

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Mariano Croce

2011-04-01

Full Text Available The present paper explores the background of the institutional perspective of law that Carl Schmitt develops in On The Three Types of Juristic Thought (1934, and draws a comparison between this view and the institutional theory of Santi Romano (explicitly recalled by Schmitt. In doing so, I will shed some light on the complex relation between law and pluralism. While Schmitt portrays the law as a political means for preserving identity and excluding diversity within a homogeneous community, Romano depicts law as a form of organisation which inevitably reflects the plurality of social life.To this end, I will attend to some crucial problems of social and legal theory, such as the relation between norms and normality, the role of institutions in human life, and the way the law affects and is affected by the dynamics of its social surroundings.My final goal is to show that the law does not exclude pluralism at all, but is in itself a plural phenomenon.

Protection of children's rights in the health care: problems and legal issues.

Science.gov (United States)

Pashkov, Vitaliy; Olefir, Andrii

Introduction: Among all categories of patients children (minors) must be protected first. It is caused so by the specificity of the treatment, their vulnerability, the need of further protection and supervision. Providing of medical care services for children are often connected with the risks of the process of treatment, and of the drug usage. The aim: To identify the problems associated with the protection of the rights of minors and, on the basis of this, the basic guarantees of their rights, as well as mark the trends in the practice of ECHR. Materials and Methods: The study is based on its own theoretical and empirical basis. The theoretical basis include scientific articles, expert reviews of legislation and communications of non-governmental organisations, and empirical - decisions of the ECHR, international legal acts and directives of the EU. Results: The main violations of the rights of minor children include the following: - legal representatives of children do not take to the account their interests (refusal of medical intervention or the choice of certain method of interference); - medical intervention under the influence of coercion; - providing of unwarranted medical care without the corresponding testimony; - providing of inadequate medical care: when the patient was only examined and ineffective treatment was prescribed, and others. As for mentally ill children, the following rights are usually violated: for life, for a fair trial. It has been proved that defects in the provision of health care are often predetermined by the poor state logistics of hospitals, lack of financing and appropriate pediatric medicines, outdated methods of treatment, and incompetence of some doctors. Conclusions: From the point of view of protecting the rights of minors, the rights of children in medicine can be classified into universal and special. The rights correspond not only to the corresponding duties of medical staff, but also of their parents (legal

Ethical issues in medico-legal exposures

International Nuclear Information System (INIS)

O'Reilly, G.; Malone, J. F.

2008-01-01

The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

Legal regulation of home births

Directory of Open Access Journals (Sweden)

Baturan Luka O.

2015-01-01

Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

Tools to Help Society in Decision Making: Legal and Policy Trends. Proceedings of a Topical Session

International Nuclear Information System (INIS)

Vari, Anna; Caddy, Joanne; ); Kotra, Janet P.; Pancher, Bertrand; Tromans, Stephan

2009-01-01

As part of its programme of work the OECD/NEA Forum on Stakeholder Confidence continues to investigate the theme of 'Tools and Processes to Help Society in Decision Making'. Following a presentation in June 2007 of environmental law and its implications for stakeholder involvement in decision making, the FSC decided to take a look at a variety of legal and policy issues. In particular, interest was expressed in seeing how law and policy may define which stakeholders must be consulted or engaged, and to consider when and whether that is helpful. A topical session was held on June 5, 2008 during the FSC's ninth regular meeting. Case studies were presented from the US, the UK, and France. An international survey of means for open and inclusive policy making was presented by the OECD Government directorate. The results of a questionnaire filled by FSC members served as the basis of the introductory presentation. Two sub-groups retired to discuss the material and a Rapporteur from each delivered feedback in plenary. These proceedings include a summary of the findings and discussions (Anna Vari), and the slides (some with accompanying text) provided for each case study: 1 - Open and Inclusive Policy Making: Emerging Practice in OECD Countries (Joanne Caddy); 2 - Deciding Whether to Authorized Construction at Yucca Mountain Explaining NRC's Process (Janet P. Kotra); 3 - Rights and Obligations under International Conventions (Stephan Tromans); 4 - Setting Criteria for the Representativeness of NGO/CSOs: Report on Hearings at the Request of France's Prime Minister (Bertrand Pancher)

Legal problems raised in Italy by the ratification of the Convention in Physical Protection - implications in Europe

International Nuclear Information System (INIS)

Albano, R.; Crocenzi, G.

1983-01-01

This paper examines the legal problems which arose in Italy when the Convention on the Physical Protection of Nuclear Material, opened for signature in 1980, was ratified by that country in 1982. The purpose and background of the Convention and its relationship with other international regulations, in particular in the field of transport, are analysed in detail. Finally, the paper reviews the main European laws (French, German and British) on physical protection of nuclear material. (NEA) [fr

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 ...

The Clean Development Mechanism as a governance problem. Compensate deficits as well as Europe legal and international legal further progress of climate protection regarding to Copenhagen and Cancun; Der Clean Development Mechanism als Governance-Problem. Steuerungsdefizite sowie europarechtliche und voelkerrechtliche Weiterentwicklungen des Klimaschutzes nach Kopenhagen und Cancun

Energy Technology Data Exchange (ETDEWEB)

Ekardt, Felix; Exner, Anne-Katrin [Rostock Univ. (Germany). Forschungsgruppe Nachhaltigkeit und Klimapolitik

2011-04-15

The authors of the contribution analyze the developments in law, legal interpretation issues as well as climate political and development political effects of the Clean Development Mechanism (CDM) as an element of transnational climate change law which is associated with the states and emission trading (ETS). In the basic intention CDM shall achieve a climate-neutral reduction of costs of climate policy at the simultaneous promotion of development political goals where industrial countries may provide their global or European targets of reduction in part by means of measures in emerging or developing countries rather than by means of local climate protection. However, the specific CDM projects prove to be questionable with respect to the climate policy and development policy. This also is related to enforcement problems that represent a variant of the general environment legal problem of the latent 'interest identity of inspectors and controlled persons'. The proposed European legal and the possible international (land use related) developments of the CDM since 2013 and currently in Cancun probably will not change essentially the fundamental but intensify it even more. With all that, at the same time a kind of exemplary governance analysis arises in the context of the ETS by means of one essential part of its aspects - as well as generally in the context to the perspectives of climate policy according to Cancun.

Digital sustainable publication of legacy parliamentary proceedings

NARCIS (Netherlands)

Marx, M.; Aders, N.; Schuth, A.

2010-01-01

We address the problem of publishing parliamentary proceedings in a digital sustainable manner. We give an extensive requirements analysis, and based on that propose a uniform XML format. We evaluated our approach by collecting and automatically processing proceedings from six parliaments spanning

Legal questions concerning the licensing procedure of nuclear power plants

International Nuclear Information System (INIS)

Boerner, B.

1978-01-01

The publication contains 4 articles which deal with legal practice and problems of the licensing procedure in the Federal Republic of Germany: 1) Actions brought by joint boards from the constitutional point of view (Burmeister, J.); 2) court review of the assessment of technical and economic questions concerning the licensing of power plant construction (Ossenbuehl, F.); 3) the site plan approval procedure as a legal problem (Friauf, K.H.); 4) legal questions concerning the immediate enforceability (Papier, H.J.). (HP) [de

The Legal Regulation of Cybersecurity

OpenAIRE

Darius Štitilis

2013-01-01

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 regul...

Deviating measurements in radiation protection. Legal assessment of deviations in radiation protection measurements

International Nuclear Information System (INIS)

Hoegl, A.

1996-01-01

This study investigates how, from a legal point of view, deviations in radiation protection measurements should be treated in comparisons between measured results and limits stipulated by nuclear legislation or goods transport regulations. A case-by-case distinction is proposed which is based on the legal concequences of the respective measurement. Commentaries on nuclear law contain no references to the legal assessment of deviating measurements in radiation protection. The examples quoted in legal commentaries on civil and criminal proceedings of the way in which errors made in measurements for speed control and determinations of the alcohol content in the blood are to be taken into account, and a commentary on ozone legislation, are examined for analogies with radiation protection measurements. Leading cases in the nuclear field are evaluated in the light of the requirements applying in case of deviations in measurements. The final section summarizes the most important findings and conclusions. (orig.) [de

Proceedings of 8. international scientific conference 'Sakharov readings 2008: Ecological problems of XXI century'; Materialy 8-oj mezhdunarodnoj nauchnoj konferentsii 'Sakharovskie chteniya 2008 goda: Ehkologicheskie problemy XXI veka'

Energy Technology Data Exchange (ETDEWEB)

Kundas, S P; Mel' nov, S B; Poznyak, S S [International A. Sakharov environmental univ., Minsk (Belarus)

2008-05-15

The proceedings of the eighth international scientific conference 'Sakharov readings 2008: Ecological problems of XXI century', which was held in the International A. Sakharov environmental university, contents materials on topics: socio-ecological problems in the light of ideas of academic A. Sakharov; medical ecology; bioecology; biomonitoring, bioindication and bioremediation; radioecology and radiation protection; information systems and technologies in ecology; ecological management; ecological monitoring; ecological education, education for sustainable development; ecological ethics in bioethics education system; problems and prospects of renewable energetics development in Belarus. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

Factors affecting jail detention of defendants adjudicated incompetent to proceed.

Science.gov (United States)

Christy, Annette; Otto, Randy; Finch, Jacquelyn; Ringhoff, Daniel; Kimonis, Eva R

2010-01-01

The movement of defendants through the legal process who have been adjudicated incompetent to proceed is little studied, yet it is important. The purpose of this study was to provide empirical data regarding factors that affected the amount of time defendants adjudicated incompetent to proceed and ordered to undergo hospitalization remained in jail while awaiting transfer to a state hospital. Statewide data collected in Florida between July 2005 and June 2008 were used to determine the lengths of time incompetent defendants spent at certain stages in the legal process. The addition of forensic bed capacity following media attention and litigation resulted in a significant decrease in the amount of time defendants adjudicated incompetent to proceed waited in jail for transfer to a state hospital for treatment. The amount of time it took for completed commitment orders to be submitted to the state mental health authority by the Clerks of Court of each county accounted for a meaningful portion of days defendants spent in jail awaiting transfer to a state hospital, with considerable variation across counties with respect to waiting times. These findings reflect how various stakeholders can affect the amount of time defendants spend in jail while awaiting hospitalization. These issues are discussed in the context of controversy related to Florida's forensic mental health system, as well as issues related to the political process and funding of the state's mental health authority. Copyright © 2010 John Wiley & Sons, Ltd.

2014 German refrigeration and air conditioning meeting. Proceedings

International Nuclear Information System (INIS)

2014-01-01

The proceedings of the 2014 German refrigeration and air conditioning meeting contain contributions on the following topics: cryotechnology, fundamentals and materials for the refrigeration and heat pump technology, devices and components for the refrigeration and heat pump technology, applications of refrigeration technologies, air conditioning technology and heat pump applications, cryotechnology in biology and medicine, heat transfer and ventilation, guidelines and legal topics, refrigerant fluid - oil mixtures, control and surveillance, simulation and control, ambient air.

Proceedings of 6. international scientific conference 'Sakharov readings 2006: Ecological problems of XXI century'. Pt. 1; Materialy 6-oj mezhdunarodnoj nauchnoj konferentsii 'Sakharovskie chteniya 2006 goda: Ehkologicheskie problemy XXI veka'. Ch. 1

Energy Technology Data Exchange (ETDEWEB)

Kundas, S P; Okeanov, A E; Poznyak, S S [International A. Sakharov environmental univ., Minsk (Belarus)

2006-05-15

The first part of proceedings of the sixth international scientific conference 'Sakharov readings 2006: Ecological problems of XXI century', which was held in the International A. Sakharov environmental university, contents materials on topics: socio-ecological problems, medical ecology, biomonitoring and bioindication, biological ecology. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

Proceedings of 5. international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century'. Pt. 1; Materialy 5-oj mezhdunarodnoj nauchnoj konferentsii 'Sakharovskie chteniya 2005 goda: Ehkologicheskie problemy XXI veka'. Ch. 1

Energy Technology Data Exchange (ETDEWEB)

Kundas, S P; Okeanov, A E [International A. Sakharov environmental univ., Minsk (Belarus); Shevchuk, V E [Kamiteht pa prablemam nastupstvaw katastrofy na Charnobyl' skaj AEhS pry Savetse Ministraw Rehspubliki Belarus' , Minsk (Belarus)

2005-05-15

The first part of proceedings of the fifth international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century', which was held in the International A. Sakharov Environmental University, contents materials on topics: socio-ecological problems, medical ecology, biological ecology. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

Nuclear industry and legal security - some remarks on the restrictive effects on legal protection and participation of the public in the nuclear system

International Nuclear Information System (INIS)

Baumann, W.

1989-01-01

The state is on dangerous ground with the development that can be observed in the legal field, allowing legal protection against large-scale technology and projects, particularly in the nuclear sector, to be gradually cut back. This impression is shown to be true first of all in relation to legislation which reduced legal protection through the instrument of judicial review, for protection of life and health from technological hazards, to the functions of a trial court, and this for reasons of opportunistic and short-term political interests. Decisions of the Federal Administrative Court in nuclear law matters have been neglecting the principle of legal protection to an extent that the legitimation quality of decisions in this field of law has been diminishing more than can be expected at first sight, looking at the restrictions. The public has come to realise that the courts content themselves with reviewing only a small part of the case and close their eyes to the concerns of the public, which in turn loses trust in the sincerity of judicial proceedings and the correctness of court decisions. The citizen will turn to other ways and means in order to come into his own. This is a dangerous development in a constitutional state, and must be prevented. (orig./HSCH) [de

The legal responsibilities of the health-care librarian.

Science.gov (United States)

Muir, A; Oppenheim, C

1995-06-01

This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.

The Electronic Evidence in Trial Proceedings

Directory of Open Access Journals (Sweden)

Monica Pocora

2015-05-01

Full Text Available This paper will consider theoretical and practical issues which arise in trial proceedings, throughout the virtual presence of persons involved. The EU Convention of 2000 provide the legal base for the use of video conference. In most jurisdictions, all forms of evidence is admissible, subject to rules relating to the exclusion of evidence because of improper actions or because the inclusion of the evidence would be unfair to the defendant. There is a difference between the admissibility of the evidence and laying the correct foundations before the evidence can be admitted.

THE PURPOSE AND FUNCTIONS OF THE PROSECUTOR’S PARTICIPATION IN CIVIL PROCEEDINGS

Directory of Open Access Journals (Sweden)

Oleg Vladislavovich Eremenko

2018-01-01

Full Text Available This article is devoted to a comprehensive, theoretical investigation of the purpose and functions of the prosecutor’s participation in civil proceedings. For understanding the nature of the prosecutor’s participation in civil proceedings, it is necessary to characterize the purpose and functions of his participation in the process. These concepts do not coincide, they should not be confused. The question of the purpose and functions of the prosecutor’s participation in the civil process has great theoretical and practical importance, since the idea of them helps to increase the effectiveness of its activities. In the article analyzed different points of view on the purpose and functions of the prosecutor’s participation in civil proceedings. In his arguments the author relies on the opinions of the leading scientists of the procession lists, and also uses materials of law enforcement practice. The article concludes that the purpose of participation of the prosecutor in the civil process is considered to be the promotion of the implementation of the tasks of justice, for which he fulfills the law-protecting function in the process, acting as an independent participant in civil proceedings and at the same time a representative of the state. The goal is to define the purpose and functions of the prosecutor’s participation in modern civil legal proceedings. Method or methodology of work: in the article used as general scientific methods of cognition: logical, analysis and synthesis, and privately-scientific methods: formal legal, of system analysis. Results: on the basis of the analysis of modern legislation, the opinions of scientists and materials of judicial practice, the author has formulated the conclusions that correspond to the modern interpretation of the purpose and functions of the prosecutor’s participation in civil proceedings. Scope of the results: it is expedient to apply results to the practical workers who are carrying

Stalking. Part II: Victims' problems with the legal system and therapeutic considerations.

Science.gov (United States)

Abrams, K M; Robinson, G E

1998-06-01

This paper is the second of 2 parts reviewing the topic of stalking. It focuses on victims difficulties with the legal system and the psychotherapeutic tasks for victims and therapists. Computerized literature searches were used to identify relevant papers from psychiatric and legal journals. Publications by victims' and women's organizations provided additional information. Victims suffer emotional consequences from being stalked. Additional stress is caused by the legal system's lack of understanding of the causes and consequences of stalking and inadequate and unenforced laws. The treatment of victims requires a comprehensive approach, including education, supportive psychotherapy, and discussion of practical measures. Therapists may overidentify with the patient's powerlessness or hesitate to take on a case out of fear of the stalker. Female therapists may protect themselves against the realization of their own vulnerability by blaming the victim, while male therapists may feel defensive or overprotective. Stalking is a crime with major mental health consequences which is often poorly understood by society. Therapists need to be aware of the victim's emotional reactions, the types of legal and practical supports available, and the possible biases of society. Further education and research should be encouraged.

78 FR 65933 - Restrictions on Legal Assistance With Respect to Criminal Proceedings

Science.gov (United States)

2013-11-04

... Act to authorize LSC funds to be used for representation of persons charged with criminal offenses in... law and punishable by death, imprisonment, or a jail sentence. A misdemeanor or lesser offense tried... Judiciary explained: Section 7(b)(2) permits a legal services program to provide representation in a very...

Corporate environment protection as a legal problem

International Nuclear Information System (INIS)

Kloepfer, M.

1993-01-01

It is discussed what legal instruments companies have for integrating environment protection into their corporate policy: Industrial self-monitoring; the environmental health officer as an instrument of corporate environment protection (environmental health officer, radiation protection officer); obligations to disclose information on corporate organisation pursuant to Article 52 a of the Federal Emmission Control Act; corporate environment protection as a general obligation of the operator. Possible ways of strengthening corporate environment protection are considered de lege ferende, e.g. the additional instruments of corporate self-monitoring laid down in the General Part of the Environmental Code, audits on environment protection, corporate environment protection through quality assurance systems. (orig.) [de

Integrating Brain Science and Law: Neuroscientific Evidence and Legal Perspectives on Protecting Individual Liberties

Directory of Open Access Journals (Sweden)

Calvin J. Kraft

2017-11-01

Full Text Available Advances in neuroscientific techniques have found increasingly broader applications, including in legal neuroscience (or “neurolaw”, where experts in the brain sciences are called to testify in the courtroom. But does the incursion of neuroscience into the legal sphere constitute a threat to individual liberties? And what legal protections are there against such threats? In this paper, we outline individual rights as they interact with neuroscientific methods. We then proceed to examine the current uses of neuroscientific evidence, and ultimately determine whether the rights of the individual are endangered by such approaches. Based on our analysis, we conclude that while federal evidence rules constitute a substantial hurdle for the use of neuroscientific evidence, more ethical safeguards are needed to protect against future violations of fundamental rights. Finally, we assert that it will be increasingly imperative for the legal and neuroscientific communities to work together to better define the limits, capabilities, and intended direction of neuroscientific methods applicable for use in law.

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)

Genesis of regulatory and legal provision of financial safety

Directory of Open Access Journals (Sweden)

M.V. Pataridze-Vyshynska

2016-07-01

Full Text Available The article describes the main problems that concern regulatory and legal provision of financial safety. The scientific groundwork of researchers of this matter in Ukraine is analyzed and its gaps are revealed. The state competences concerning the regulation of financial safety are investigated. The legal provision of financial safety in a retrospective section is considered. The short characteristic of the main legal instruments that make the subsoil for formation of financial safety environment is provided. The main stages of legislative process of ensuring financial safety are found out. The paradigm of financial safety formation is generalized. The possibilities of ensuring financial safety in different areas of the state financial policy through the definition of problem aspects and ways of their decision are defined. It is certain that the problem of protection of national interests in the economic sphere is rather actual, especially in formation of financial safety environment in modern conditions. This problem is subject to further investigation of both lawmakers and scientists-economists.

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 ...

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.

e-Learning strategies in occupational legal medicine based on problem solving through "CASUS" system.

Science.gov (United States)

Martínez-Jarreta, B; Monsó, E; Gascón, S; Casalod, Y; Abecia, E; Kolb, S; Reichert, J; Radon, K

2009-04-01

The use of online teaching tools facilitate the incorporation of self-learning methods. With a view to encouraging convergence in teaching tools and methods in Occupational Legal Medicine, an initiative was set up within the classes of Legal and Forensic Medicine at Saragossa University, as part of the EU funded NetWoRM project, which has been led since 1999 by Ludwig-Maximilians-Universität in Munich (Germany). The interest of medical students in Occupational Legal Medicine has so far been low and in addition different aspects complicate the teaching of Occupational Legal Medicine at medical schools: One reason for the low interest is the limited availability of bedside teaching, one of the students' most favourite and effective way to learn. The reason for that is that most medical schools with occupational departments only have outpatient clinics. "Interesting" patients who be need for educational purposes are therefore only available for a limited part of the day. However, in order to recognize and prevent occupational disorders each medical student and physician needs profound clinical knowledge in Occupational Legal Medicine. This project has proven to be highly efficient in permitting the creation and validation of teaching tools which cover and improve the traditional training of the Occupational Legal Medicine programme imparted in the degree of Medicine.

14 The Mass Media and the Problem of Understanding Legal ...

African Journals Online (AJOL)

User

legal terminologies even though some are archaic or old fashioned in some ways as to .... BBC, VOA, and VON); documentary films, electronic information media, and other ..... and regulations for easy comprehension by the reading public.

Contemporary Legal Issues in Electronic Commerce in Nigeria

Directory of Open Access Journals (Sweden)

TI Akomolede

2008-10-01

Full Text Available The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.

Proceedings of the CISDEN meeting on present problems in Community and international law in the nuclear field

International Nuclear Information System (INIS)

1981-06-01

These proceedings of the meeting of the Italian Nuclear Law Study Centre reproduce in full the three papers presented, together with the ensuing discussions. The papers respectively deal with the recent Constitutional Court Decision opposing a referendum on nuclear power plant site selection; international contracts -private autonomy and State law- and the incidence of recent trends on nuclear contracts; problems in relation to the entry into force of the 1980 Euratom radiation protection directive and the revision of relevant Italian regulations. (NEA) [fr

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

Directory of Open Access Journals (Sweden)

Oleksii Drozd

2017-12-01

Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

2. National Seminar on Acceptance and Trade of Irradiated Foods. Proceedings

International Nuclear Information System (INIS)

1997-01-01

This proceedings is a compilation of 18 papers presented at the National Seminar on Acceptance and Trade of Irradiated Food, held in Toluca, Mexico, 27-29 October 1997. It generally deals with international and national legal, technological, health and commercial aspects of food irradiation. Public confidence and consumer acceptance of irradiated food stuff is also the subject of the seminar

Legal liability and claims for the hotel industry

Directory of Open Access Journals (Sweden)

Dimcho Todorov

2017-10-01

Full Text Available 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 unrightfully actions from administration towards hospitably industry personnel and the connected consequences, is discussed. A definition is given of the various forms of discrimination and the obligations of management to provide a healthy work environment without problems for the personnel are stated, as well. Regulative measures and documents are also presented, regarding measures following possible labour law violations. Conclusions and recommendations are formulated and ways to prevent and overcome problems and accidents in various accommodation establishments and the hotel industry as a whole are shown

Physicians' attitudes toward the legalization of marijuana use.

Science.gov (United States)

Linn, L S; Yager, J; Leake, B

1989-06-01

We asked 303 practicing physicians in general internal medicine, family medicine, gastroenterology, or psychiatry to indicate whether possessing or using marijuana should be considered a felony, a misdemeanor, warrant the issuance of a citation, or be legalized. The position physicians advocated was unrelated to their specialty, experience diagnosing or treating substance abuse problems, their attitudes toward the efficacy of the treatment of drug abuse, or any other work role or habit we measured. Legalization or citation as compared with harsher penalties, however, was more likely favored by physicians who were younger, less religious, politically more liberal, and those less likely to perceive a serious drug problem in society. Legalization was also more likely favored by physicians who themselves had used marijuana, cocaine, and amphetamines but was unrelated to the use of alcohol, cigarettes, or tranquilizers. Although physician opinion should be sought as society deals with the drug problem, this study suggests how physicians' characteristics may influence the opinions that are rendered.

Legal Education: Critical of Contemporaneity

Directory of Open Access Journals (Sweden)

Patrícia Verônica Nunes Carvalho Sobral

2016-10-01

Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

Alternative route for the MDW project for automotive fuels in the Dutch highway sector. A legal analysis

International Nuclear Information System (INIS)

Van Haute, J.S.R.; Kooy, J.

2002-01-01

In February 1998, the Dutch Government initiated an MDW project ('Marktwerking, Deregulering en Wetgevingskwaliteit', i.e. market functioning, deregulation and quality of legislation) to review ways in which competition within the motorway segment of the Dutch retail fuel market could be improved. The project reviewed the entry barriers and considered ways to stimulate competition, including preferential treatment of new entrants. The Dutch Major oil companies protested against the original plans of the Government and announced legal proceedings. The Government agreed to engage in negotiations with the oil industry in order to reach a compromise solution and avoid a legal battle. This resulted in an alternative route, which is analyzed in this article from a legal perspective [nl

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

Home; Journals; Proceedings – Mathematical Sciences. MIHAJA RAKOTOMALALA. Articles written in Proceedings – Mathematical Sciences. Volume 127 Issue 3 June 2017 pp 411-421 Research Article. On a problem of Pillai with Fibonacci numbers and powers of 2 · MAHADI DDAMULIRA FLORIAN LUCA MIHAJA ...

Hudson River cooling tower proceeding: Interface between science and law

International Nuclear Information System (INIS)

Bergen, G.S.P.

1988-01-01

As the Hudson River power plant case proceeded, the regulatory ground shifted under the utility companies. At first, the US Environmental Protection Agency (EPA) contended that the utilities should build expensive closed-cycle cooling towers at three plants to minimize the plants' discharge of heated effluents to the river. When the formal hearing began, however, EPA claimed that cooling towers were needed to minimize the number of organisms impinged at and entrained through the plants. The Hudson River proceeding became a policy dispute over what the appropriate standard of environmental conduct should be, instead of a determination of whether a standard had been met or not. Such policy issues, which arise when legal precedent has yet to be developed for new laws like the Clean Water Act, are better addressed by a rule-making proceeding than by the adjudicatory hearing format used in the Hudson case. A rule-making proceeding would have markedly shortened the Hudson deliberations, probably without substantive change in the final settlement, and is recommended for future cases in which ambiguity in legislation or the lack of precedent has left policy matters unresolved. 2 refs

XXVII. Days of Radiation Protection. Conference Proceedings

International Nuclear Information System (INIS)

2005-11-01

The publication has been set up as a proceedings of the conference dealing with health protection during work with ionizing radiation for different activities which involve the handling of ionizing radiation sources. The main conference topics are focused on current problems in radiation protection and radioecology. In this proceedings totally 83 papers are published

Nuclear energy as a 'golden bridge'? Constitutional legal problems of the negotiation of the prolongation of the running time against skimming of profits; Kernenergie als 'goldene Bruecke'? Verfassungsrechtliche Probleme der Aushandlung von Laufzeitverlaengerungen gegen Gewinnabschoepfungen

Energy Technology Data Exchange (ETDEWEB)

Waldhoff, Christian; Aswege, Hanka von [Bonn Univ. (Germany). Lehrstuhl fuer Oeffentliches Recht

2010-07-15

The coalition agreement of Christian Demographic Union (CDU), Christian Social Union (CSU) and Free Democratic Party (FDP) from 26th October, 2009 characterizes the nuclear energy as a bridge technology. The coalition parties explain to prolong the running times of German nuclear power stations up to a reliable replacement by renewable energies. The conditions for the prolongation of the running times are to be regulated in agreement with energy supply companies. In the contribution under consideration, the authors report on the fiscal legal problems of the skimming of profits. Constitutional legal problems of the earmaking of a skimming of profits as well as a consensual agreement are discussed in this contribution. In the result, a financial constitutionally reliable way for the skimming of added profits due to prolongation of the running time is not evident. The legal earmaking of the duty advent for the promotion of renewable energies increases the constitutional doubts.

Legal regime of human activities in outer space law

Science.gov (United States)

Golda, Carlo

1994-01-01

Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

The Legal Ethical Backbone of Conscientious Refusal.

Science.gov (United States)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

Patient rights protection in the Czech Republic: challenges of a transition from Communism to a modern legal system.

Science.gov (United States)

Dostal, O

2007-03-01

The post-Communist countries in Central Europe, including the Czech Republic, underwent a rapid transformation of their legal systems, within which the concept of patient rights passed through revolutionary changes. This process however often left significant gaps in patient rights protection. There are practical difficulties for patients in defending their rights before the courts, such as problems with obtaining evidence and independent expert opinions, long delays and high costs of court proceedings, strict burden of proof rules and low compensation levels. Modern patient rights often collide with the systems of health care provision that are still unprepared for patient autonomy and responsibility. The experience gained in the transition process might be applicable also to other countries that undergo changes from traditional to modern system of patient rights protection.

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

Home; Journals; Proceedings – Mathematical Sciences. Satyendra Tomar. Articles written in Proceedings – Mathematical Sciences. Volume 112 Issue 4 November 2002 pp 601-639. Stability Estimates for ℎ- Spectral Element Methods for Elliptic Problems · Pravir Dutt Satyendra Tomar B V Rathish Kumar · More Details ...

How does Investors' Legal Protection affect Productivity and Growth?

OpenAIRE

Binyamin Berdugo; Sharon Hadad

2009-01-01

This paper analyzes the implications of investors' legal protection on aggregate productivity and growth. We have two main results. First, that better investors' legal protection can mitigate agency problems between investors and innovators and therefore expand the range of high-tech projects that can be financed by non-bank investors. Second, investors' legal protection shifts investment resources from less productive (medium-tech) to highly productive (high-tech) projects and therefore enha...

Scientific-practical and legal problems of implementation of the personalized medicine.

Science.gov (United States)

Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

2017-09-01

The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

Legal and institutional impediments to geothermal energy resource development: a bibliography

Energy Technology Data Exchange (ETDEWEB)

1978-01-01

This bibliography contains 485 references to literature on the subject of legal and institutional constraints to the development and use of geothermal resources. In addition to government-sponsored reports, journal articles, and books, the bibliography includes specific state and Federal laws and regulations, court cases of interest, and conference proceedings. For each reference, abstract or a listing of subject descriptors is given along with the complete bibliographic citation. Corporate, author, subject, and report number indexes are included. (LS)

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.

Epigenetics and Child Psychiatry: Ethical and Legal Issues.

Science.gov (United States)

Thomas, Christopher R

2015-10-01

Epigenetics has the potential to revolutionize diagnosis and treatment in psychiatry, especially child psychiatry, as it may offer the opportunity for early detection and prevention, as well as development of new treatments. As with the previous introduction of genetic research in psychiatry, there is also the problem of unrealistic expectations and new legal and ethical problems. This article reviews the potential contributions and problems of epigenetic research in child psychiatry. Previous legal and ethical issues in genetic research serve as a guide to those in epigenetic research. Recommendations for safeguards and guidelines on the use of epigenetics with children and adolescents are outlined based on the identified issues. Copyright © 2015 John Wiley & Sons, Ltd.

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

Home; Journals; Proceedings – Mathematical Sciences. Pravir Dutt. Articles written in Proceedings – Mathematical Sciences. Volume 112 Issue 4 November 2002 pp 601-639. Stability Estimates for ℎ- Spectral Element Methods for Elliptic Problems · Pravir Dutt Satyendra Tomar B V Rathish Kumar · More Details Abstract ...

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

Home; Journals; Proceedings – Mathematical Sciences. B V Rao. Articles written in Proceedings – Mathematical Sciences. Volume 116 Issue 1 February 2006 pp 83-96. On Characterisation of Markov Processes Via Martingale Problems · Abhay G Bhatt Rajeeva L Karandikar B V Rao · More Details Abstract Fulltext PDF.

Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

Science.gov (United States)

Speldewinde, Christopher A; Parsons, Ian

2015-01-01

Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

The Nature of Payment Problems in the New Zealand Construction Industry

Directory of Open Access Journals (Sweden)

Thanuja Ramachandra

2011-06-01

Full Text Available Delay and loss of payment is a serious problem in the construction industry of many countries. These affect the cash flow of contractors which is critical to meeting their financial obligations. Payment defaults by the principal leads to insolvency of contractors and in turn other parts of the project chain. In recognition of some of these problems, most countries have established payment-specific construction industry legislation and other contractual measures to mitigate the problems, but nevertheless the problem persists. In this context, the paper examines the nature of payment problems in the construction industry in New Zealand. It is part of a larger study, that seeks solutions to payment losses in the construction industry.The study uses two approaches; an analysis of liquidators’ reports, and an analysis of court cases involving payment disputes to determine the magnitude of payment problems on construction parties. The findings are presented using simple descriptive and interpretive analyses. The study finds that trade creditors are impacted negatively (payment delays and losses by the liquidation of property developers, general construction and construction trade companies. 75% of trade creditors are unable to be paid fully by these categories of construction companies after liquidation proceedings. Liquidation proceedings take an average 18 months before they are finalised. The analysis of court cases found that 80% of payment disputes are between principals and contractors; with considerably significant percentage of disputes resulting in outright loss of payments. Only 40% of the cases are successful, in which case claimants are able to fully recover the amount in dispute. Payment losses are more prevalent in liquidation than delays and unlike in legal disputes, there is no security for those losses. The study finds that construction parties use remedies contained in the security of payment provisions within standard conditions

The Nature of Payment Problems in the New Zealand Construction Industry

Directory of Open Access Journals (Sweden)

Thanuja Ramachandra

2011-06-01

Full Text Available Delay and loss of payment is a serious problem in the construction industry of many countries. These affect the cash flow of contractors which is critical to meeting their financial obligations. Payment defaults by the principal leads to insolvency of contractors and in turn other parts of the project chain. In recognition of some of these problems, most countries have established payment-specific construction industry legislation and other contractual measures to mitigate the problems, but nevertheless the problem persists. In this context, the paper examines the nature of payment problems in the construction industry in New Zealand. It is part of a larger study, that seeks solutions to payment losses in the construction industry.The study uses two approaches; an analysis of liquidators’ reports, and an analysis of court cases involving payment disputes to determine the magnitude of payment problems on construction parties. The findings are presented using simple descriptive and interpretive analyses. The study finds that trade creditors are impacted negatively (payment delays and losses by the liquidation of property developers, general construction and construction trade companies. 75% of trade creditors are unable to be paid fully by these categories of construction companies after liquidation proceedings. Liquidation proceedings take an average 18 months before they could be finalised. The analysis of court cases found that 80% of payment disputes are between principals and contractors; with considerably significant percentage of disputes resulting in outright loss of payments. Only 40% of the cases are successful, in which case claimants are able to fully recover the amount in dispute. Payment losses are more prevalent in liquidation than delays and unlike in legal disputes, there is no security for those losses. The study finds that construction parties use remedies contained in the security of payment provisions within standard

Problematic issues of improvement of an interaction between an investigator and other participants of criminal proceedings

Directory of Open Access Journals (Sweden)

О. С. Луньова

2015-05-01

Full Text Available Problem setting. The article considers features of the interaction between an investigator as a representative of the prosecution and other various participants of criminal proceedings including a head of investigation unit, prosecutor, investigative judge and others. The topicality of raised questions in the current article is confirmed by the fact that previously the interaction between an investigator and other participants of criminal proceedings in pre-trial investigation was conducted in terms of the former Criminal Procedural Code of Ukraine (1960. Recent research and publications analysis. Some of questions regarding the interaction between an investigator and other participants of criminal proceedings in pre-trial investigation were examined by Linovskii V. A, Bandurka A. M., Groshevii Y. M., Larin O. M., Loboika L. M., Pogoretskii M. A., Tatarov O. Y., Sheiffer S. A., Golovko L. V., Baulin O. V., Zelenetskii V. S., Yukhno A. A. and others. Paper objective. The main aim of the article is a research of features of the interaction in current circumstances between an investigator and other participants of criminal proceedings including the head of investigation unit. It concerns as well the research of different scientific views regarding the matter and various ideas about improvement of principal norms in the Criminal Procedural Code of Ukraine and other legal acts that regulate the above-mentioned interaction. Paper main body. During the pre-trial investigation the essential question is the interaction between an investigator and a prosecutor who conducts an oversight in criminal proceedings. The current Criminal Procedural Code of Ukraine greatly expanded the full powers of the prosecutor to oversee the compliance of laws during a pre-trial investigation. Only the prosecutor should conduct a procedural supervision in a pre-trial investigation. We believe this procedural possibility limits an investigation independency. The interaction

On the obstacles and solutions in the application of Chinese criminal legal aid system

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Wang Sh.

2016-06-01

Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

The Legal Problems about Surrogacy Contract%代孕合同之法律问题探讨

Institute of Scientific and Technical Information of China (English)

余艳清

2012-01-01

我国法律时代孕采取禁止态度。从而使日渐增多的代孕现象呈现无法可依的状态。妊娠代孕具有合法的权利基础。符合公序良俗。能稳定婚姻家庭，应承认其合法性。要从根本上解决代孕所带来的一系列法律问题，在我国未来立法中代孕合同不应只限定在无偿代孕中。还应该明确承认部分商业代孕合同的法律地位。在未来立法中，我国应对代孕合同的主体资格、基本原则、记我事项、代孕母的堕胎权、违约责任等进行全面、系统的规定。%The law is to prohibit surrogacy in our country. Thereby the increasing surrogate phenomenon appears no laws to abide by. The pregnancy surrogacy has the basis of legal right, which is consistent with the public order and the good custom, and is also beneficial to the stability of marriage household; therefore, it should be acknowledged in its legal status. To radically solve a series of legal problems that the surrogate has brought about, in the future legislation, the contracts about surrogacy should not be limited within that of no payment, but also clearly acknowledge the legal status about part of commercial surrogacy contract. In the future legislation, the surrogacy contract about main qualification, basic principle, record items, the pregnant women's rights of abortion, and responsibility of breaking a contract and so on should be stipulated comprehensively and systematically.

[Practical experiences in legal counseling of foreign workers].

Science.gov (United States)

Pestalozzi-Seger, G

1992-09-01

When foreign workers ask for legal advice, very often their questions concern primarily insurance rights for disability. Most uncertainties exist about specific clauses in the legislation on disability insurance and about the measurings of disability. Primarily, discussions arise from controversy about claims made to the state disability insurance. The legislation on disability insurance establishes strict requirements for foreigners asking for insurance rights for disability. However, the Agreement on Social Security signed worldwide by over 20 nations being more tolerant in terms of disability insurance, Swiss legislation can be applied only to a minority of foreigners. That is why the system of legislation has become so complex. There are two major points that are rigidly to be observed: On one hand, the process of reintegration measures can start only if the prescribed minimum duration of contributions is guaranteed. On the other, proceedings for disability pensions can be initiated only after the currently valid waiting period. In both cases, it is considerably important that the patient has a domicile in Switzerland or a valid residence permit. Numerous disagreements can possibly result during the evaluation of the degree of disability, as certain factors-such as language problems, lack of education or the labour market situation-, which are not directly linked to the disability, are not taken into consideration.

Legal issues related to adolescent pregnancy: current concepts.

Science.gov (United States)

Rhodes, A M

1986-09-01

Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.

A Formidable Task: Reflections on obtaining legal empirical evidence on human trafficking in Canada

Directory of Open Access Journals (Sweden)

Hayli Millar

2017-04-01

Full Text Available This article explores the experiences, challenges and findings of two empirical research studies examining Canada’s legal efforts to combat human trafficking. The authors outline the methodologies of their respective studies and reflect on some of the difficulties they faced in obtaining empirical data on human trafficking court cases and legal proceedings. Ultimately, the authors found that Canadian trafficking case law developments are in their early stages with very few convictions, despite a growing number of police-reported charges. The authors assert it is difficult to assess the efficacy and effects of Canadian anti-trafficking laws and policies due to the institutional and political limitations to collecting legal data in this highly politicised subject area. They conclude with five recommendations to increase the transparency of Canada’s public claims about its anti-trafficking enforcement efforts and call for more empirically-based law reform.

LEGAL AND INSTITUTIONAL FRAMEWORK OF MEDIATION IN REPUBLIC OF MACEDONIA

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Andon Majhoshev

2014-10-01

Full Text Available Mediation as an alternative dispute resolution enables faster, more efficient and less costly resolution of disputes in relation to the proceedings. Its operation is based on the following principles: voluntary, equality of the parties, neutrality of the mediator, exclusion of the public, efficiency of the procedure, confidentiality of information, fairness. In Macedonia the mediation as an alternative dispute resolution was introduced by the Law on Mediation in 2006. However, besides this law, the resolution of disputes by mediation is regulated by other special laws such as the Family Law Act, Consumer Law, the Juvenile Justice, Law for the peaceful resolution of labor disputes, etc.. For effective functioning of the mediation, except legal regulation of mediation, and established appropriate institutional framework is an important link for a successful mediation. The institutional framework of mediation includes: Ministry of Justice - Sector for Mediation, Board for Mediation, the Mediators Chamber of Macedonia and mediator. All the above institutions have proper function in the system of mediation and their jurisdiction is governed normative-legal. The legal and institutional framework actually consists of mediation system in the country and represent a whole.

The legal framework for end-of-life decisions in the UK.

Science.gov (United States)

Rennie, Janet M; Leigh, Bertie

2008-10-01

We have reviewed the current UK guidance regarding withholding and withdrawing life-prolonging treatment in the infant and termination of pregnancy for fetal malformation. We provide summaries of the key cases. The framework provided by professional bodies and the law in this difficult area stresses the importance of good and frequent communication between different professional groups and parents with early recourse to second opinions if a difference of view emerges. Legal proceedings should be used only as a last resort.

Society as a crime victim of legal entities

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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.

The latitude of logic in legal hermeneutics

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Medar Suzana

2014-01-01

Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

Investigation on legal problems encountered by emergency medicine physicians in Turkey.

Science.gov (United States)

Kayipmaz, Afsin Emre; Kavalci, Cemil; Gulalp, Betul; Kocalar, Ummu Gulsum; Giray, Tufan Akin; Yesilagac, Hasan; Ozel, Betul Akbuga; Celikel, Elif; Karagun, Ozlem

2015-01-01

Medicine is a profession that carries certain risks. One risky area of practice is the emergency department. Emergency physicians diagnose and treat a high volume of patients, and are also responsible for preparing reports for forensic cases. In this study, we aim to investigate emergency physicians' legal-administrative problems and reveal their level of understanding on forensic cases. An electronic questionnaire form was prepared after the approval of an ethical committee. This form was sent to the residents, specialists and academicians of emergency medicine by e-mail. The physicians were asked to fill out the form online. All the gathered data was analyzed. Descriptive statistics were presented as frequency percentages with mean and standard deviation. Chi-square tests were used to compare the groups. Correlation between number of complaint cases and age, sex, career, institution, and duration of service in emergency department were investigated. pmedicine and age. There was a significant difference between number of complaint reports and career (p<0.05). The physicians' level of awareness on forensic cases was found to be insufficient. Lack of legislation knowledge may be an important cause of complaint reports concerning emergency physicians, who have a high load of patients. Thus, we think that increasing the frequency of post-graduate education sessions and periodical reviews might be beneficial.

Implementing the water framework directive in Denmark - Lessons on agricultural measures from a legal and regulatory perspective

DEFF Research Database (Denmark)

Jacobsen, Brian H.; Anker, Helle Tegner; Baaner, Lasse

2017-01-01

One of the major challenges in the implementation of the Water Framework Directive (WFD) is how to address diffuse agricultural pollution of the aquatic environment. In Denmark the implementation of agricultural measures has been fraught with difficulty in the form of delays and legal proceedings...... and a policy failure. It is argued that the adoption of more flexible measures to be implemented at the local level could have resulted in fewer difficulties from an economic and legal point of view as measures could have been applied where there was a clear environmental benefit, and possibly also at a lower...

Legal Principles and Solutions to Combat Money Laundering in the International System

OpenAIRE

Majid Karimi

2013-01-01

This study focuse on combat money laundering legal principles and solutions to in the International System. As its clear Money laundering is the attempt to disguise the proceeds of illegal activity so that they appear to come from legitimate sources. Money is laundered through banking systems and credit institutions, non financial institutions and non financial economic activities. Combating money laundering phenomenon dates back to the 1980s. In 1989, Financial Action Task Force was set up t...

Representation and Non-representation of Knowledge Mediation in Legal Contracts

DEFF Research Database (Denmark)

Larsen, Aase Voldgaard

takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...

17 years after the Chernobyl' accident: problems and decisions. Proceedings of the International scientific and practical conference; 17 let posle Chernobylya: problemy i resheniya. Sbornik nauchnykh trudov Mezhdunarodnoj nauchno-prakticheskoj konferentsii

Energy Technology Data Exchange (ETDEWEB)

Shevchuk, V E; Gurachevskij, V L; Kolbanov, V V

2003-04-01

The book contains proceedings of the scientific conference on difference medical and biological problems of consequences of the Chernobyl NPP accident, as well as on the problems of rehabilitation of the contaminated territories and ecosystems.

EXPERIENCE OF NORMATIVE-LEGAL TRAINING OF PEDAGOGICAL STAFF IN THE SYSTEM OF HIGHER EDUCATION AND INCREASE QUALIFICATION

Directory of Open Access Journals (Sweden)

Andzhela Muharbievna Shekhmirzova

2017-10-01

Full Text Available The article presents the experience of normative and legal training of pedagogical personnel in the sphere of higher and additional professional education. The results of the analysis of the actual state of the system of normative and legal training of teachers are shown. The problems of forming normative-legal competence are analyzed. The relationship between the improvement of the system of normative-legal training of pedagogical cadres and the solution of a number of problems of a methodological nature is determined. At the same time, the problem of conceptual modeling of an effective pedagogical system of normative-legal training of pedagogical cadres is considered as a core, around which others group in a certain subordination. From the system positions it is shown the need to create an effective system of training teachers for the proper use of regulatory and legal acts in pedagogical activity, to solve complex problems, taking into account dynamically updated legislation. Based on the revealed methodological problems of normative-legal training of teachers, the need for a holistic view of the formation of regulatory-legal competence in the context of continuous teacher education. The purpose of research – presentation of a model of continuous regulatory education of teachers in the field of higher and additional professional education on the basis of identified methodological problems. Method or methodology of work: In the article a set of various methods of pedagogical research is presented: theoretical - analysis of scientific and pedagogical literature on the research problem, study and analysis of normative and legal documentation on the topic under consideration, theoretical generalization of research results; empirical - a survey, an analysis of the content of pedagogical documentation and performance, expert evaluation, modeling. Results: The model of continuous normative-legal training of pedagogical personnel in the sphere of

Legal technique: approaches to section on types

Directory of Open Access Journals (Sweden)

І. Д. Шутак

2015-11-01

Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

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)

Modern Questions Of The Legal Philosophy

Directory of Open Access Journals (Sweden)

Gennadiy A. Torgashev

2014-06-01

Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

Universidad. Formación en medicina legal y forense en valoración médico legal del daño: necesidades y futuro

Directory of Open Access Journals (Sweden)

M.ª Teresa Criado del Río

Full Text Available La formación en medicina legal y forense, y de ella, en la valoración médico legal del daño a la persona, comúnmente denominada valoración del daño corporal, es compleja si la interrelacionamos con las diferentes formas de su ejercicio profesional en España, teniendo presente los requisitos legales del ejercicio de las profesiones sanitarias incardinados en la Ley 44/2003 de ordenación de profesiones sanitarias. En un intento de clarificar esta problemática nos referiremos en primer lugar a la obtención del título máster universitario en valoración médico legal de daños personales aportando una propuesta de programa docente, para proceder después a esbozar la problemática que plantea la creación y mantenimiento de dichos títulos, asociada a la problemática de su ejercicio profesional por la diversidad y dispersión de profesionales que tienen entre sus funciones la valoración de los daños personales, así como por los diversos requisitos legales para su ejercicio. La solución se encuentra en crear unos criterios comunes de formación y en la unión de los profesionales o diversos sectores encargados de su ejercicio profesional y de los que depende su docencia.

[Medical data security in medico-legal opinioning].

Science.gov (United States)

Susło, Robert; Swiatek, Barbara

2005-01-01

Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

Development of legal environment for Rosatom Corporation

International Nuclear Information System (INIS)

El'fimova, T.L.

2012-01-01

The scope of legal and regulatory work within the Corporation Rosatom is characterized with the large number of legal acts that have been developed and adopted under the initiative of the Corporation Rosatom that aim to address objectives associated with the advancement of the nuclear energy of Russia. The rapidly expanding industry requires their continuous development and improvement. The tasks and problems of legislation pertaining to use of nuclear energy and safety regulation are discussed in the paper [ru

THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

Directory of Open Access Journals (Sweden)

Eugene Stepanovich Shevlakov

2015-09-01

Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

Science.gov (United States)

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems

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.

Legal problems in the concretisation of the fundamental requirements on radiation protection. 1. paper

International Nuclear Information System (INIS)

Bartholdy, V.

1980-01-01

The author deals with questions of radioecological regulations based on Sect. 45 p. 2 of the Radiation Protection Ordinance, emphasizing its significance for the transparency of decision-making processes under the Atomic Energy Law - which is not only a legally relevant aspect in the interest of debunking the discussion on nuclear energy utilization, but also under constitutional criteria of legal clarity. (HP) [de

Legal consequences of standard setting for competitive athletes with cardiovascular abnormalities.

Science.gov (United States)

Weistart, J C

1985-12-01

This paper addresses the issue of whether establishing consensus standards for the treatment of particular medical conditions increases a physician's exposure to legal liability. The conclusion reached is that the legal effects of standard setting, rather than representing a significant threat of liability, should be seen as beneficial to the medical profession. A fundamental point is that the legal test for liability is entirely dependent on the medical profession's definition of what constitutes adequate care. The law incorporates the standard of care defined by the medical profession and does not impose an external norm. In the absence of formally stated standards, the process of defining relevant medical criteria will involve a great deal of uncertainty. Outcomes of legal contests will be affected by such extraneous factors as the relative experience of the lawyers involved, their access to knowledgeable expert witnesses, and their strategic decisions made with respect to tactics and procedures. Establishment of formal standards has the salutory effect of limiting the influence of these factors and thus reducing the randomness of the results reached. Formal standards also have the advantage of being easily replicated in unrelated proceedings and thereby contribute to the development of a consistent, evenly applied rule of liability. Finally, even if formal standards are either more, or less, progressive than the actual state of medical practice, there is relatively little risk that they will produce untoward results.

Legal terms in general dictionaries of English: The civil procedure mystery

DEFF Research Database (Denmark)

Nielsen, Sandro

2015-01-01

examines four general dictionaries of English to see how they treat civil procedure terms used in England and Wales in the light of the change of structure of and terminology used in civil proceedings that took place in 1999. Despite being based on large, up-to-date corpora the dictionaries contain some......Many general language dictionaries contain specialized terms, including legal terms relating to civil lawsuits. The existing literature provides general discussions of scientific and technical terms in ordinary dictionaries but does not specifically address the inclusion of legal terms. This study...... of the old terms but fail to include the new terms that have been in use for more than 15 years. Why this is the case is a mystery. However, some clues indicate that if they pay more attention to the link between dictionary functions, corpora and the data presented in dictionaries, lexicographers may be able...

Innovative Use of the Law to Address Complex Global Health Problems Comment on "The Legal Strength of International Health Instruments - What It Brings toGlobal Health Governance?"

Science.gov (United States)

Walls, Helen L; Ooms, Gorik

2017-05-20

Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

Clinical characteristics and legal consequences of violent behavior: a case of bipolar disorder.

Science.gov (United States)

Gómez-Durán, E L; Carrión, M I; Xifró, A; Martin-Fumadó, C

2010-01-01

The main subject of criminal proceedings is that of criminal responsibility, from this point of view bipolar disorders sometimes seem to be a neglected subject in legal scholarship. Yet they may affect decision-making across the spectrum of the law, especially when manic and psychotic symptoms are implicated. This case studies a 37-year-old woman, diagnosed with bipolar affective in disorder, who attacked the neighbour of her ex-husband during a manic episode with psychotic symptoms. Two groups of those psychotic symptoms are especially remarkable: delusions and experiences of influences playing on her body and thought insertion (threat/control–override symptoms). Hostility against her ex-husband was also implicated in the attack. Researchers have pointed all those symptoms as important predictors of violence, and they have determinant legal correlates.

Equity – Connotations in the Current Romanian Legal System

Directory of Open Access Journals (Sweden)

Emilian Ciongaru

2014-05-01

Full Text Available The underlying principle of the law, and a source of law – equity – has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requirements of equity, the judges have special powers for settling specific cases, namely, they may offer resolutions they consider to be fair and conforming to the interests of the parties involved, which is to be grounded on facts, and not on the positive law.

Alignment of the Irish legal system and Article 13.1 of the CRPD for witnesses with communication difficulties

Directory of Open Access Journals (Sweden)

Catherine O'Leary

2018-02-01

Full Text Available Irish and international legal reform resulting from the Convention on the Rights of Persons with Disabilities [CRPD] has primarily focussed on Article 12, the right to exercise legal capacity. Article 13, which declares the right to access justice and the right to access procedural accommodations for all with disabilities, is often neglected. Specifically, research has not sufficiently explored the accommodations needed by witnesses with communication difficulties to testify in the courtroom. This study brings this aspect of Article 13 into focus by exploring the views of Irish legal professionals and disability advocates regarding existing and potential further accommodations for witnesses with communication diffiuclties in Irish criminal proceedings. By comparing and contrasting contributions, a series of conflicting perspectives between the legal profession and disability community are revealed. As successful implementation of Article 13 requires collaboration between both groups, this study concludes that these conflicts will need to be acknowledged and addressed in order for reform of courtroom accommodations to succeed.

INCRIMINATING THE CONFLICT OF INTERESTS IN ROMANIA: RECENT LEGAL DEVELOPMENTS

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Mihai MAREȘ

2018-05-01

Full Text Available The present paper aims at outlining the evolution of the Romanian criminal law provisions incriminating the conflict of interests, starting from its insertion, as of 2006, into the Criminal Code of 1968, until the up-to-date version of the offence as per the Criminal Code in force, renamed as use of the position for favouring persons, as amended by Law no. 193/2017. In this context, the approaches of the legal text in the well-established case-law of the judicial bodies as well as of the Constitutional Court and legal literature are highly relevant in order to explain the rationale behind the shaping of the legal content of the offence. The diachronic delineation shall be supplemented by elements of comparative law. Where appropriate, reference shall also be made to the administrative type of liability that may be incurred in a conflict of interest case and the relationship thereof with the proceedings in criminal matters or to distinctions between the analysed offence and other offences falling into the category of malfeasance in office or corruption offences. The conclusions of this examination emphasise the need for predictability and proper understanding of the criminological layer in tackling the conflict of interest phenomenon.

Should fully autonomous artificial intelligence systems be granted legal capacity?

OpenAIRE

Naučius, Mindaugas

2018-01-01

The aim of this article is to address the issue of granting legal capacity to artificial inteligence systems. In order to approach the solution to the problem addressed, the article includes several aspects, relevant in order to achieve it. To begin with, the general concept of legal capacity is introduced. Following this aspect, the main features of both natural and juridical persons are addressed, in order to become familiar with the content of legal capacity, or in other words, to be aware...

Safeguards and legal matters 1996. International Atomic Energy Agency publications

International Nuclear Information System (INIS)

1997-03-01

This catalogue lists all currently valid sales publications of the International Atomic Energy Agency dealing with Safeguards and Legal Matters. Most publications are published in English. Proceedings of conferences, symposia and panels of experts may contain some papers in languages other than English (French, Russian or Spanish), but all of these papers have abstracts in English. It should be noted that prices of books are quoted in Austrian Schillings. The prices do not include local taxes and are subject to change without notice. All books in this catalogue are 16 x 24 cm, paper-bound, unless otherwise stated

Proceedings of 7. international scientific conference 'Sakharov readings 2007: Ecological problems of XXI century'; Materialy 7-oj mezhdunarodnoj nauchnoj konferentsii 'Sakharovskie chteniya 2007 goda: Ehkologicheskie problemy XXI veka'

Energy Technology Data Exchange (ETDEWEB)

Kundas, S P; Mel' nov, S B; Poznyak, S S [International A. Sakharov environmental univ., Minsk (Belarus)

2007-05-15

Abstracts of the seventh international scientific conference 'Sakharov readings 2007: Ecological problems of XXI century', which was held in the International A. Sakharov environmental university, contents materials on topics: socio-ecological problems, medical ecology, biomonitoring and bioindication, biological ecology. The proceedings are intended for specialists in field of ecology and related sciences, teachers, students and post-graduate students. (authors)

PROBLEM ASPECTS OF FORMATION OF THE LEGAL INSTITUTE OF CONSOLIDATED TAXPAYERS’ GROUPS IN RUSSIA

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Irina Glazunova

2017-01-01

Full Text Available The subject. The article is devoted to the prerequisites of the emergence and essential characteristics of the institution of consolidated taxpayers’ groups in Russia and abroad, revealing of advantages and disadvantages of the legal regulation of the creation and operation of consolidated groups of payers of corporate profits tax, analyzing results and directions of the development of tax consolidation in Russian Federation.The purpose of the article is to identify positive and negative aspects of the functioning of the institution of consolidated taxpayers’ groups in Russia with the establishment of prospects of tax consolidation and the likely directions of its development.The description of the problem field. The development of the world economic system stimulates the emergence of new forms of management, characterized by the enlargement of busi-ness, the pooling of resources of individual enterprises into a single system in order to optimize entrepreneurial activity. These trends are reflected in the development of tax systems of various countries, that is expressed in the formation of institutions of consolidated taxpayers’ groups. Tax consolidation in Russia is a relatively new phenomenon, and it seems necessary to examine this institution from the law enforcement point of view, to evaluate its effectiveness.Methods and methodology. The authors used methods of analysis, synthesis, as well as formal-legal, comparative-legal, historical methods of investigation.Results and the scope of its application. The authors note that the institution of tax consolidation today is presented in the tax systems of most modern countries.The practice of applying the institution of consolidated taxpayers’ groups testifies to the existence of a significant number of advantages and disadvantages of tax consolidation in Russia. The moratorium on the creation of consolidated taxpayers’ groups, due to the contradictory nature of their influence on the

Issues of remedial development of forms in criminal proceedings

Directory of Open Access Journals (Sweden)

Tsyganenko Sergey, S.

2015-12-01

Full Text Available The paper deals with the main issues of the modern concept of the criminal proceeding differentiation in terms of new methodological and theoretical approaches - models of criminal justice and the theory of criminal procedural strategy. This draws attention to a trend to expand the scope of application in criminal proceedings, along with production and procedural forms of justice and law and technology. In connection with what is considered their place in the structure of modern criminal procedure, the application conditions and development prospects. For a long time in the theory of criminal systemology a key element in the process acted as a procedural form of normative-functional complex stages and phases of activity in the pre-trial and judicial parts of the criminal justice system. Its mission has been focused on the achievement of major milestones in the implementation of justice, which, ultimately, are expressed in establishing the truth in the case. Thus, there was a two-element mechanism consisting of pre-trial proceedings, due to the need to solve the crime and bringing charges and proceedings, consisting primarily of the trial based on the principles of justice. This order, established regulations, is unified - it is equally applied to all categories of criminal cases and with all the procedural authorities. Modern criminal procedure is a differentiated form in which, along with established procedural steps and process of production, and has been actively used legal procedural technology.

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.

THE EXCLUSION OF EVIDENCE IN CRIMINAL PROCEEDINGS – A COMPARATIVE APPROACH

Directory of Open Access Journals (Sweden)

Mihai MAREȘ

2017-05-01

Full Text Available The present paper examines the exclusion of evidence within the criminal proceedings, as regulated in the Romanian legislation as well as in other legal systems, pertaining both to the common law and to the civil law major legal traditions. The focus shall be placed upon the configuration of this procedural institution in the two aforementioned categories of legislation, namely of the exclusionary rule specific to the former and the exclusion of evidence by means of the nullity sanction, which is likely to be encountered in the latter, while also revealing the elements of approximation between them, as presented especially in the national legal paradigm, including in the relevant case-law. Further consideration shall be given to the European standards having a bearing on the matters in question, provided both by the European Convention of Human Rights and the case-law of the European Court of Human Rights, and the European Union, with regard to the need to achieve a common set of principles in the application of the exclusionary mechanism

Legal terminology in African languages | Alberts | Lexikos

African Journals Online (AJOL)

Various aspects regarding the present project (such as financing, time-schedule, training and terminological problems encountered) are treated. Keywords: legal terminology, sociolinguistic factors, terminology development, african languages, indigenous languages, multilingualism, subject fields, terminology, translation, ...

A legal approach to radioactive waste management

International Nuclear Information System (INIS)

Derche, B.; Rocamora, P.; Salelles, A.

1983-01-01

The authors of this paper review the major legal problems raised by radioactive waste management. They stress the complexity of such problems by posing three main queries: surveillance or no surveillance; liability or no liability and finally internationalisation or national jurisdiction. This analysis seeks to provide food for thought on each point rather than a solution to the questions reviewed. (NEA) [fr

Proceeding of the ACM/IEEE-CS Joint Conference on Digital Libraries (1st, Roanoke, Virginia, June 24-28, 2001).

Science.gov (United States)

Association for Computing Machinery, New York, NY.

Papers in this Proceedings of the ACM/IEEE-CS Joint Conference on Digital Libraries (Roanoke, Virginia, June 24-28, 2001) discuss: automatic genre analysis; text categorization; automated name authority control; automatic event generation; linked active content; designing e-books for legal research; metadata harvesting; mapping the…

Improvement of the test quality for specific test problems. Proceedings

International Nuclear Information System (INIS)

2011-01-01

This proceedings CD discusses the many factors that are relevant in nearly all tests, as well as their effects on the validity of the test result. Interfaces with technical rules, staff qualification, POD, and validation of test results by supplementary techniques are presented as well. Three of the 17 papers are available as separate records in the ENERGY database. [de

Policy issues raised by intervenor requests for financial assistance in NRC proceedings

International Nuclear Information System (INIS)

1975-01-01

The purpose of the report presented is to focus and develop the myriad issues raised by intervenor requests for financial assistance for the NRC's proposed rulemaking proceeding. The report analyzes and assesses the various alternatives open to the Commission, and collects relevant data and material which may be informative to those participating in and conducting the rulemaking. Three major questions are examined: (1) should the Commission, as a matter of policy choice, provide financial assistance to intervenors in NRC proceedings; (2) are there preferable alternatives to direct intervenor financial aid, such as the establishment of an office of public counsel or provision of other forms of Commission assistance; and (3) what are the legal, administrative and policy considerations involved in implementing a determination to award financial assistance to intervenors, should the Commission so decide

Reliability of risk assessment measures used in sexually violent predator proceedings.

Science.gov (United States)

Miller, Cailey S; Kimonis, Eva R; Otto, Randy K; Kline, Suzonne M; Wasserman, Adam L

2012-12-01

The field interrater reliability of three assessment tools frequently used by mental health professionals when evaluating sex offenders' risk for reoffending--the Psychopathy Checklist-Revised (PCL-R), the Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) and the Static-99-was examined within the context of sexually violent predator program proceedings. Rater agreement was highest for the Static--99 (intraclass correlation coefficient [ICC₁] = .78) and lowest for the PCL-R (ICC₁ = .60; MnSOST-R ICC₁ = .74), although all instruments demonstrated lower field reliability than that reported in their test manuals. Findings raise concerns about the reliability of risk assessment tools that are used to inform judgments of risk in high-stake sexually violent predator proceedings. Implications for future research and suggestions for improving evaluator training to increase accuracy when informing legal decision making are discussed.

The legal status of engineering companies

International Nuclear Information System (INIS)

1981-10-01

It is assumed that the carrying out of research, also in the nuclear field should be entrusted to engineering companies, especially when dealing with the setting up of technological structures. This paper considers the problems of the legal status of such companies under Italian legislation. (NEA) [fr

To Speak or Not to Speak: Developing Legal Standards for Anonymous Speech on the Internet

Directory of Open Access Journals (Sweden)

Tomas A. Lipinski

2002-01-01

Full Text Available This paper explores recent developments in the regulation of Internet speech, in specific, injurious or defamatory speech and the impact such speech has on the rights of anonymous speakers to remain anonymous as opposed to having their identity revealed to plaintiffs or other third parties. The paper proceeds in four sections.  First, a brief history of the legal attempts to regulate defamatory Internet speech in the United States is presented. As discussed below this regulation has altered the traditional legal paradigm of responsibility and as a result creates potential problems for the future of anonymous speech on the Internet.  As a result plaintiffs are no longer pursuing litigation against service providers but taking their dispute directly to the anonymous speaker. Second, several cases have arisen in the United States where plaintiffs have requested that the identity of an anonymous Internet speaker be revealed.  These cases are surveyed.  Third, the cases are analyzed in order to determine the factors that courts require to be present before the identity of an anonymous speaker will be revealed.  The release is typically accomplished by the enforcement of a discovery subpoena instigated by the party seeking the identity of the anonymous speaker. The factors courts have used are as follows: jurisdiction, good faith (both internal and external, necessity (basic and sometimes absolute, and at times proprietary interest. Finally, these factors are applied in three scenarios--e-commerce, education, and employment--to guide institutions when adopting policies that regulate when the identity of an anonymous speaker--a customer, a student or an employee--would be released as part of an internal initiative, but would nonetheless be consistent with developing legal standards.

Garantías constitucionales en la investigación tecnológica del delito: Previsión legal y calidad de la Ley // Constitutional guarantees in the technological investigation of the crime: legal provisions and quality of the law

Directory of Open Access Journals (Sweden)

Inmaculada López-Barajas Perea

2017-03-01

any modern system of law, and thus, it is also of our criminal court proceedings. For a long time, the Spanish Criminal Procedural Act, has lacked a regulation in relation to investigative acts that have been originated as a consequence of the appearance of modern technologies, and this has created not few procedural new problems. The legal reform undertaken by the Act 13/2015, dated October 5th, aims at solving this situation of lack of sufficient legislation. We study in this paper the demands arisen from the rule of law principle with the intention of determining whether the new Act 13/2015 properly defines the modalities and the scope of the power attributed to authorities, so as to afford individuals with an adequate protection against arbitrary exercise of authority. We intend to determine to what extent, and under what circumstances, intromissions in the constitutional rights recognized by Section 18 of the Spanish Constitution carried out as part of the above mentioned criminal investigations would be legitimate.

Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

Directory of Open Access Journals (Sweden)

N. O. Tkachenko

2018-03-01

Full Text Available Observation of legal and legislative standards of the company activities is the fundamental principle of social responsibility (SR. The results of the literature analysis show the lack of fundamental research of regulatory and legal support of formation of socially responsible conduct of pharmacists (SRCPh. AIM: modeling the legal framework and determining the completeness and content of the current regulatory and legal framework on formation of a system of SRCPh throughout the professional lifespan development. Materials and methods. The materials of the study were national and international regulatory legal acts, regulating SR, the activities of pharmaceutical organizations (PhO and getting a pharmaceutical education. During the work, such methods as searching information, systematization, content analysis, comparison and generalization were used. During the investigation, we summarized the legal framework that in various aspects forms the socially responsible conduct of the pharmacists throughout the lifespan professional development; and a model of the legal field of this process was formed. A content analysis of this regulatory framework in aspect of responsibility of the PhO and pharmacists with a description of the problem legal questions in the context of SR was carried out. In this article, attention is paid to the basic level of the legal field, within which general principles of social relations are formed in all spheres of the economy. Conclusions. We have formed a model of the legal field formation of a SRCPh system throughout the professional lifespan development. The model is a complex, multilevel system. The regulatory framework in the model is distributed according to two criteria (hierarchical and regulating relations in the system of socially responsible conduct of the pharmacists and includes 27 basic normative legal acts. We have identified problems in the legal field of the basic level of SRCPh formation: the indistinctness

Legal issues of tax rates

OpenAIRE

Sadílek, Jiří

2010-01-01

Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...

DEMOCRATIZAÇÃO DA JUSTIÇA: A APRENDIZAGEM BASEADA EM PROBLEMAS APLICADA À PRÁTICA JURÍDICA CURRICULAR | JUSTICE DEMOCRATIZATION: THE PROBLEM BASED LEARNING APPLIED TO THE LEGAL PRACTICE IN LAW COURSES

Directory of Open Access Journals (Sweden)

Roberto Muhájir Rahnemay Rabbani

2016-08-01

Full Text Available This study reports an experience on legal services brought by the Federal University of Rio Grande do Norte, Brazil, Caicó Campus, approaching this institution to the region community. Through real case studies, the students were motivated to conduct a legal and juridical analysis, and had to present the results to the consultants and the professors. The students were entrusted to give legal opinion and explain the procedural stages on the cases presented by the community. The methodology used was the empirical research through qualitative and quantitative methods, by applying questionnaires to users of the legal practice and the students of the Legal Assistance courses on the service and the use of Problem-Based Learning. The results demonstrate a high level of satisfaction by users and students, that ensured that the used methodology enabled their best qualification for the labor market.

An exploratory study of the health harms and utilisation of health services of frequent legal high users under the interim regulated legal high market in central Auckland.

Science.gov (United States)

Wilkins, Chris; Prasad, Jitesh; Wong, K C; Rychert, Marta; Graydon-Guy, Thomas

2016-03-11

To explore health problems and the accessing of health services by frequent legal high users under an interim regulated legal market in central Auckland. Frequent legal high users (monthly+) were recruited from outside eight randomly-selected, licensed, legal high stores in central Auckland from 23 April-7 May, 2014. Eligible participants were emailed a unique invitation to complete an on-line survey; 105 completed the survey. Twenty-seven percent had suffered mental illness during their lifetimes. Eighty percent used synthetic cannabinoids (SC), and 20% 'party pills'. Forty-seven percent of SC users used daily or more often. Other drugs used included alcohol (80%), cannabis (59%), 'ecstasy' (18%) and methamphetamine (15%). Fifty-eight percent of SC users were classified as SC dependent. The most common problems reported from SC use were: insomnia (29%); 'vomiting/nausea' (25%); 'short temper/agitation' (21%); 'anxiety' (21%); 'strange thoughts' (16%); and 'heart palpitations' (14%). The health services most commonly accessed by SC users were: a 'doctor/GP' (9%); 'counsellor' (9%); 'DrugHelp/MethHelp' websites (7%); 'Alcohol & Drug Helpline' (4%); 'ambulance' (3%); 'A&E' (3%); and hospitalisation (3%). Frequent use of interim licensed SC products was associated with health problems, including dependency. Further research is required to determine the health risks of these products.

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...... into this new situation. This creates a number of legal and regulatory problems, which - if not resolved - may restrict further growth of electronic commerce. This paper deals with the consumer related aspects of this regulatory challenge....

Energy Security of Russia and the EU: Current Legal Problems

International Nuclear Information System (INIS)

Seliverstov, S.

2009-01-01

Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

183 Legal/Judicial Enforcement Approaches towards Prevention ...

African Journals Online (AJOL)

User

2012-01-24

Jan 24, 2012 ... The issue of children living with HIV is a serious problem in Nigeria. This .... The pregnant woman must not be exposed to work or environment which ..... cultural, legal and other barrier to HIV and AIDS . socio-cultural barriers.

Defendant’s free will in legal collaboration and its relation with pre-trial detention

Directory of Open Access Journals (Sweden)

Antonio Henrique Graciano Suxberger

2017-03-01

Full Text Available The legal collaboration, a type of evidence used on organized crime prosecutions, demands free will of the defendant. Appraising the defendant’s free will, many critics cover the deals made with an arrested defendant during the negotiation of the legal collaboration. These two institutes — legal collaboration and pre-trial detention —, although they do not present themselves as a cause-effect relation, commonly are approached in practice as associated. This essay intends to evaluate the defendant’s free will during pre-trial detention and the legal collaboration’s bargaining. It asserts a strict and clear relation between pre-trial detention and the legal collaboration bargaining. Identifying occasional problems do not imply the conclusion on the existence of a structural problem to legal collaboration institute. This consideration is relevant to avoid superficial solutions that could fragilize even more the held defendant. Methodologically, from a literature review and document analysis about the subject, the paper clarifies what is a “criminal case” and what it means to the study.

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

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

Operational considerations in specifying legal weight vehicles for the highway transport of spent nuclear fuel

International Nuclear Information System (INIS)

Hill, C.V.; Rutenkroger, E.O.; Ratledge, J.E.

1990-01-01

This paper presents the results of a research project in which tractor manufacturers and carrier companies were interviewed to gather information on operational concerns in specifying a tractor to haul legal weight spent fuel casks. The system was assumed to operate very close to the 80,000 pound legal weight limit. Safety, performance, reliability, and maintainability of equipment were factors given particular attention. The interaction between driver fatigue, safety, and equipment was also discussed. Innovative operating strategies that could save weight were discussed. The paper concluded that operational considerations require that planners working with standard off-the-shelf tractor equipment should allow at least 17,350 pounds for the weight of the tractor as a starting point from which further weight reduction analysis can proceed. 4 refs., 3 figs

Radiographic investigations during medico-legal autopsies

Energy Technology Data Exchange (ETDEWEB)

Bratzke, H.; Schneider, V.; Dietz, W.

1982-04-01

During the last 13 years (1968-1980), 427 radiographic examinations were carried out during the course of medico-legal autopsies at the Institute of Forensic Medicine at the Free University of Berlin. Important problems were the demonstration of retained foreign bodies resulting from shooting, stabbing or blunt trauma, bone injuries, identification, and the question of life in neonates. An historical survey is given and 12 cases with special forensic problems are illustrated and discussed, and further means of investigations are described.

Radiographic investigations during medico-legal autopsies

International Nuclear Information System (INIS)

Bratzke, H.; Schneider, V.; Dietz, W.

1982-01-01

During the last 13 years (1968-1980), 427 radiographic examinations were carried out during the course of medico-legal autopsies at the Institute of Forensic Medicine at the Free University of Berlin. Important problems were the demonstration of retained foreign bodies resulting from shooting, stabbing or blunt trauma, bone injuries, identification, and the question of life in neonates. An historical survey is given and 12 cases with special forensic problems are illustrated and discussed, and further means of investigations are described. (orig.) [de

Proceedings of 5. international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century'. Pt. 2; Materialy 5-oj mezhdunarodnoj nauchnoj konferentsii 'Sakharovskie chteniya 2005 goda: Ehkologicheskie problemy XXI veka'. Ch. 2

Energy Technology Data Exchange (ETDEWEB)

Kundas, S P; Okeanov, A E [International A. Sakharov environmental univ., Minsk (Belarus); Shevchuk, V E [Kamiteht pa prablemam nastupstvaw katastrofy na Charnobyl' skaj AEhS pry Savetse Ministraw Rehspubliki Belarus' , Minsk (Belarus)

2005-05-15

The first part of proceedings of the fifth international scientific conference 'Sakharov readings 2005: Ecological problems of XXI century', which was held in the International A. Sakharov Environmental University, contents materials on topics: radioecology, ecological and radiation monitoring, new information systems and technologies in ecology, priority ecological power engineering, management in ecology, ecological education. The proceedings are intended for specialists in field of ecology and related sciences, dosimetry, engineers, teachers, students and post-graduate students.

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.

Legal Frontiers in the Global Dissemination of Technology and Knowledge: Three Case Studies

DEFF Research Database (Denmark)

Tang, Yi Shin

2008-01-01

This article explores a few alternatives to the traditional legal and economic theories regarding the problem of global dissemination of knowledge and technology to developing countries. In particular, it examines three cases in which the classical notion of intellectual property rights seems...... to have been exploited in favor of developing countries, both through its conventional application and through more flexible views of such legal institution. The first case deals with the phenomenon of peer production through electronic networks; the second discusses the regulation of trademarks...... in the context of collective rights; and finally, the third case tackles the recent problem of the so-called "abandonwares" and its implications of economic and legal nature....

Risks in science and technology as a legal problem

International Nuclear Information System (INIS)

Wagner, H.

1980-01-01

The author critically examines the risk concepts and grades of risk published by other authors. In his view, scientists and engineers have primary technical competency in risk assessment. Risk evaluation as an overall process of comparing rights protected by law was reserved to the executive branch of government and to the courts of law. The residual risk to be tolerated from the legal point of view, without any provision being made for cases of damage, and the type and scope of such provisions should be limited by a comparison of rights protected by law conducted in the light of the purposes of legislation, by the principle of adequacy, and by comparative risk analyses. (HSCH) [de

A Bayesian network approach to the database search problem in criminal proceedings

Science.gov (United States)

2012-01-01

Background The ‘database search problem’, that is, the strengthening of a case - in terms of probative value - against an individual who is found as a result of a database search, has been approached during the last two decades with substantial mathematical analyses, accompanied by lively debate and centrally opposing conclusions. This represents a challenging obstacle in teaching but also hinders a balanced and coherent discussion of the topic within the wider scientific and legal community. This paper revisits and tracks the associated mathematical analyses in terms of Bayesian networks. Their derivation and discussion for capturing probabilistic arguments that explain the database search problem are outlined in detail. The resulting Bayesian networks offer a distinct view on the main debated issues, along with further clarity. Methods As a general framework for representing and analyzing formal arguments in probabilistic reasoning about uncertain target propositions (that is, whether or not a given individual is the source of a crime stain), this paper relies on graphical probability models, in particular, Bayesian networks. This graphical probability modeling approach is used to capture, within a single model, a series of key variables, such as the number of individuals in a database, the size of the population of potential crime stain sources, and the rarity of the corresponding analytical characteristics in a relevant population. Results This paper demonstrates the feasibility of deriving Bayesian network structures for analyzing, representing, and tracking the database search problem. The output of the proposed models can be shown to agree with existing but exclusively formulaic approaches. Conclusions The proposed Bayesian networks allow one to capture and analyze the currently most well-supported but reputedly counter-intuitive and difficult solution to the database search problem in a way that goes beyond the traditional, purely formulaic expressions

Energy Security of Russia and the EU: Current Legal Problems

Energy Technology Data Exchange (ETDEWEB)

Seliverstov, S.

2009-07-01

Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

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....

Proceedings of the Conference on Research for the Development of Geothermal Energy Resources

Science.gov (United States)

1974-01-01

The proceedings of a conference on the development of geothermal energy resources are presented. The purpose of the conference was to acquaint potential user groups with the Federal and National Science Foundation geothermal programs and the method by which the users and other interested members can participate in the program. Among the subjects discussed are: (1) resources exploration and assessment, (2) environmental, legal, and institutional research, (3) resource utilization projects, and (4) advanced research and technology.

The Legal Policy of Corporation Legal Standing as Rechtspersoon at Indonesian Criminal Justice System

OpenAIRE

Maryono Maryono; Yuhelson Yuhelson

2016-01-01

Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by bus...

2014 German refrigeration and air conditioning meeting. Proceedings; Deutsche Kaelte- und Klimatagung 2014. Tagungsbericht

Energy Technology Data Exchange (ETDEWEB)

NONE

2014-07-01

The proceedings of the 2014 German refrigeration and air conditioning meeting contain contributions on the following topics: cryotechnology, fundamentals and materials for the refrigeration and heat pump technology, devices and components for the refrigeration and heat pump technology, applications of refrigeration technologies, air conditioning technology and heat pump applications, cryotechnology in biology and medicine, heat transfer and ventilation, guidelines and legal topics, refrigerant fluid - oil mixtures, control and surveillance, simulation and control, ambient air.

The Analysis of Prospects for Derivatives Market Development in Ukraine in View of Solving the Problems of its Normative Legal Regulation

Directory of Open Access Journals (Sweden)

Kolodizev Oleg M.

2016-02-01

Full Text Available The increased uncertainty in the country’s economy, impossibility of raising capital only by standard financial instruments substantiated the need for such financial innovations as derivatives. The relevance of the suggested topic is justified by the lack of strong legislative framework regulating the market of derivative financial instruments, as well as by significant demand for them in Ukraine. The aim of the article is to analyze the development level of the normative and legal field of trade in the derivatives market as well as the quality of the formed system of main indicators for derivatives trading in Ukraine. The paper identifies the problem, which could be neutralized through the use of derivative financial instruments. The volume and structure of the world and domestic derivatives markets have been analyzed. Based on the analysis of the legal field of regulating the market of derivative financial instruments as well as statistical analysis of its volume and structure, the reasons for the low activity in the considered market have been justified and recommendations to improve the current situation proposed.

Medical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing And Psychosocial Outcomes For Vets.

Science.gov (United States)

Tsai, Jack; Middleton, Margaret; Villegas, Jennifer; Johnson, Cindy; Retkin, Randye; Seidman, Alison; Sherman, Scott; Rosenheck, Robert A

2017-12-01

Medical-legal partnerships-collaborations between legal professionals and health care providers that help patients address civil legal problems that can affect health and well-being-have been implemented at several Veterans Affairs (VA) medical centers to serve homeless and low-income veterans with mental illness. We describe the outcomes of veterans who accessed legal services at four partnership sites in Connecticut and New York in the period 2014-16. The partnerships served 950 veterans, who collectively had 1,384 legal issues; on average, the issues took 5.4 hours' worth of legal services to resolve. The most common problems were related to VA benefits, housing, family issues, and consumer issues. Among a subsample of 148 veterans who were followed for one year, we observed significant improvements in housing, income, and mental health. Veterans who received more partnership services showed greater improvements in housing and mental health than those who received fewer services, and those who achieved their predefined legal goals showed greater improvements in housing status and community integration than those who did not. Medical-legal partnerships represent an opportunity to expand cross-sector, community-based partnerships in the VA health care system to address social determinants of mental health.

Pokémon Go and the Law: Privacy, Intellectual Property, and Other Legal Concerns

OpenAIRE

Li, Tiffany

2017-01-01

Before the first lawsuits arrive, this article provides a brief analysis of some of the legal issues involved with the new hit mobile game, including: personal injury liability; privacy; intellectual property; trespass; augmented reality; and virtual currency. This is not an exhaustive list of every legal possibility inherent in the Pokémon Go world. These are just some of the legal issues at play when users, well, play. While this may seem like a long list of potential legal problems, the re...

Effective environmental protection by the reform of the administrative procedures and administrative legal rights

International Nuclear Information System (INIS)

Breuer, R.

1978-01-01

The 52nd German Lawyers Meeting will be concerned in its legal department with the question of whether, from the points of view of the guaranteeing of the necessary environmental protection, additional regulations in the administrative procedures and administrative legal rights should be recommended. Here one is concerned, above all, with the problem of whether an administrative legal associations sueing or associations participation in administrative legal procedures is desirable in the interests of environmental protection. A negative answer must be given to this question. Discussion should concentrate on the problematical administrative legal interests, on the strengthening of administrative participation of popular opinion or interests in legal processes, on other improvements in administrative processes and on the legal control by Parliament of environmental protection. (orig.) [de

Length of proceedings as standard of due process of law in the practise of the Constitutional Court of Albania

Directory of Open Access Journals (Sweden)

Elsa Toska Dobjani

2016-01-01

Full Text Available ECHR, as an international treaty is part of the Albanian legal system. Among international law instruments, the ECHR enjoys a privileged status in the Albanian legal system by virtue of Article 17 paragraph 2 of the Constitution according to which restrictions to human rights and freedoms cannot infringe the substance of those rights and freedoms and in no case can exceed the restrictions provided for in the ECHR. Article 1 of the Convention requires States to secure the substance of the rights to those in their jurisdiction. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an arguable complaint under the Convention and to grant appropriate relief. The scope of this paper is to analyse the effectiveness of the complaint to the Constitutional Court with regard to length of proceedings as part of due process of law in terms of proceedings during the court trial and after the process has been finalized and the final decision should be executed.

Organ Transplantation: Legal, Ethical and Islamic Perspective in ...

African Journals Online (AJOL)

As the demand for organ transplantation far exceeds the organ availability, the ... conference proceedings, seminar paper presentations, law library and other ... may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing ... problem of national and international trafficking in human tissues and organs, ...

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

The interpretation of forensic biochemical expert test made in human body fluids: scientific - legal analysis in the research on sexual offenses

International Nuclear Information System (INIS)

Chaves Carballo, Diana

2014-01-01

The contributions of science and technology have covered the whole of human life, and relationships of coexistence are even found in the various disciplines of knowledge through legal forensics. Therefore, it is increasingly imperative that the law enforcement agents are interdisciplinary professionals, with knowledge beyond the legal knowledge to enable them make the most of the scientific knowledge in judicial proceedings. Among the natural sciences applied to right, forensic biochemistry has contributed an extremely relevant test for the investigation of various sexual offenses, much has been so, that the Organismo de Investigacion Judicial of Costa Rica has in its Departamento de Laboratorios de Ciencias Forenses with specialized sections in this discipline. A diversity of skills are performed of presumptive and confirmatory character for the presence of biological fluids, sexually transmitted diseases and identification of DNA by genetic markers. Updated information is given with respect to the correct interpretation of forensic biochemical expertises achievable for identification of semen, blood and human saliva in the investigation of sexual offenses. A scientific and legal language is used allowing the most of this information in the criminal process. The main objective has been to interpret, legal and scientifically, forensic biochemical expert evidence performed in human body fluids during the investigation of sexual offenses. A legal, doctrinal and scientific review is presented with compilation of related jurisprudence and criminology reports analysis of Seccion de Bioquimica of the Departamento de Laboratorios Forenses of the Organismo de Investigacion Juridica issued during the investigation of sexual offenses. Two types of attainable skills have existed for the identification of biological fluids, each with a different binding. In addition, it has been clear, due to the lexicon employed when making a forensic biochemist opinion, that to make a proper

The Category of Immaturity in a Legal Context

Directory of Open Access Journals (Sweden)

Fedonkina A.A

2014-11-01

Full Text Available We presented psychological and legal approaches to the concept of immaturity, and the definition of the perpetrator. We analyzed the differences of age aspects of the subject of crime in different countries, the criteria for establishing a minimum age of criminal responsibility. We discuss the problem of the possibility of lowering the age of criminal responsibility in the Russian Federation from the point of view of psychological science. We considered the legal category of "mental retardation not associated with mental illness" and its psychological equivalent - "personal immaturity". We describe the main problems arising in the course of the complex judicial, psychological and psychiatric examination for the presence of a mental retardation not associated with mental illness in minor. We presented psychological approaches to the concept of "personal immaturity", described the concept of "mature personality".

What is legal medicine--are legal and forensic medicine the same?

Science.gov (United States)

Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

THE ELITISM OF LEGAL LANGUAGE AND THE NEED OF SIMPLIFICATION

Directory of Open Access Journals (Sweden)

Antonio Escandiel de Souza

2016-12-01

Full Text Available This article presents the results of the research project entitled “Simplification of legal language: a study on the view of the academic community of the University of Cruz Alta”. It is a qualitative nature study on simplifying the legal language as a means of democratizing/pluralize access to justice, in the view of scholars and Law Course teachers. There is great difficulty by society in the understanding of legal terms, which hinders access to justice. Similarly, the legal field is not far, of their traditional formalities, which indicates the existence of a parallel where, on one hand, is society, with its problems of understanding, and the other the law, its inherent and intrinsic procedures. However, the company may not have access to the judiciary hampered on account of formalities arising from the law and its flowery language. Preliminary results indicate simplification of legal language as essential to real democratization of access to Law/Justice.

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

Home; Journals; Proceedings – Mathematical Sciences; Volume 116; Issue 1. Volume 116, Issue 1. February 2006, pages 1-119. pp 1-8 .... in probability but for which no r.c.l.l. solution exists. pp 97-119. Formulation of the Problem of Sonic Boom by a Maneuvering Aerofoil as a One-Parameter Family of Cauchy Problems.

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

Home; Journals; Proceedings – Mathematical Sciences; Volume 113; Issue 2. On the Local ... Let be a local field with finite residue class field k K . We first define (cf. Definition ..... We then discuss the application of Theorem 1.2 on a problem posed by Weil on the construction of a `natural' A G of over C (Problem 1.3).

Proceedings of the International symposium Dubna Deuteron-93

International Nuclear Information System (INIS)

1994-01-01

Proceedings of international symposium on the deuteron structure problem are given. The results of investigations of hadron-deuteron interactions with polarized and unpolarized beams, lD, γD and NN interactions are discussed

47 CFR 0.463 - Disclosure of Commission records and information in legal proceedings in which the Commission is...

Science.gov (United States)

2010-10-01

... deliberative processes of the Commission would be compromised; (3) Disclosure of the records or the testimony... administrative proceedings, compromise constitutional rights, reveal the identity of an intelligence source or...

[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.

Legal Hybrids

DEFF Research Database (Denmark)

Herrmann, Janne Rothmar

2009-01-01

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.......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...

MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

Science.gov (United States)

Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

2018-03-01

The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

Medicolegal Review: Essure Lawsuits and Legal Strategies Adverse to Gynecologists.

Science.gov (United States)

Klimczak, Amber M; Snyder, Russell R; Borahay, Mostafa A; Phelps, John Y

The minimally invasive Essure procedure for hysteroscopic sterilization is an ongoing target for litigation. Although efficacious, this device has been scrutinized by the US Food and Drug Administration (FDA) owing to alleged complications. Patients affected by these potential complications are filing lawsuits against Bayer, the manufacturer of Essure. Many of these lawsuits have been barred by preemption, a legal doctrine that limits what can be required of a product by state lawsuits once the FDA approves it; however, in the lawsuits that have been allowed to proceed, the manufacturer has used a legal strategy termed the "learned intermediary doctrine" in an effort to shift blame to the gynecologist to absolve itself of liability. The learned intermediary only requires that a manufacturer inform the gynecologist of the risks associated with the device, and the gynecologist, in turn, must notify the patients through adequate informed consent. To incorporate the necessary components of informed consent, a gynecologist should include what a reasonable practitioner would consider pertinent to the discussion, as well as what a prudent patient would want to know to make a treatment decision. This disclosure entails explaining the risks, benefits, and alternatives, which should be clearly documented in the medical records. Understanding the importance of proper documentation and the legal strategies used in suits will help gynecologists lessen liability exposure when using a medical device, such as Essure, that is being targeted for litigation. Copyright © 2017 AAGL. Published by Elsevier Inc. All rights reserved.

Legal Aspects of Sleep Medicine in the 21st Century.

Science.gov (United States)

Venkateshiah, Saiprakash B; Hoque, Romy; Collop, Nancy A

2018-05-08

Multiple manifestations of sleep disorders may interact with the law making it important to increase awareness of such interactions among clinicians. Patients with excessive sleepiness may have civil (and in some states criminal) liability if they fall asleep while driving and cause a motor vehicle accident. Employers may be held vicariously liable due to the actions of sleepy employees. Hence awareness of causes of excessive sleepiness such as sleep deprivation and OSA is increasing among trucking, railroad, and other safety sensitive occupations. Interestingly, litigation related to perioperative complications due to Obstructive Sleep Apnea (OSA) is more frequent than non-operative issues such as a failure to diagnose OSA. Parasomnia associated sleep-related violence (SRV) represents a challenge to clinicians, as they may be asked to consider parasomnia as a possible contributing, mitigating, or exculpatory factor in criminal proceedings. Clinicians should also familiarize with the legal and regulatory aspects of running an independent sleep laboratory. Sleep telemedicine practice using 21 st century technology has opened novel and unique challenges to existing laws. In this review, we shall cover the most common interactions between sleep disorders and the law including the challenges of excessive sleepiness and driving; other legal issues involving patients with obstructive sleep apnea (OSA); and the liabilities associated with parasomnia disorder. We shall also cover some practical legal aspects involving independent sleep laboratories and the field of sleep telemedicine. Published by Elsevier Inc.

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.

The Terri Schiavo case: legal, ethical, and medical perspectives.

Science.gov (United States)

Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

2005-11-15

Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

GUARANTEE ON ALL THE ASSETS OF THE DEBTOR IN INSOLVENCY PROCEEDINGS

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Roxana Anca Adam

2013-11-01

Full Text Available Unsecured creditors in the insolvency of the debtor's creditors are those who do not have collateral security against the debtor's assets and who are not accompanied by liens privileges whose claims are current at the opening proceedings and claims us for current activities during observation. In the matter of the bankruptcy secured creditors set for secured debts are claims receiving collateral on the debtor's property, whether it is the primary obligor or third party guarantee to persons benefiting from collateral. The secured creditor's secured claim in the insolvency procedure is given by the value of collateral assessment arising after the opening of insolvency proceedings the debtor. These special legal provisions contained in the bankruptcy, derogating from the common law, they often generate different practical situations and have created jurisprudence. In judicial practice of insolvency have encountered situations where the creditor security budget, which requires to be entered in the final table of the debtor in the category of secured creditors, the debt claim, warranty claims for his claim is the universality of the debtor's assets. The study on which we focused includes analysis of these categories of claims in insolvency proceedings and the solutions adopted in judicial practice.

SCALE--A Conceptual and Transactional Method of Legal Study.

Science.gov (United States)

Johnson, Darrell B.

1985-01-01

Southwestern University School of Law's two-year, intensive, year-round program, the Southwestern Conceptual Approach to Legal Education, which emphasizes hypothetical problems as teaching tools rather than the case-book method, is described. (MSE)

Regional Legal Assistance

Directory of Open Access Journals (Sweden)

Abdul Fatah

2015-06-01

Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

A study on the improvement of the legal system concerning Korean Atomic Energy Act

International Nuclear Information System (INIS)

Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub

1998-03-01

Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations

A study on the improvement of the legal system concerning Korean Atomic Energy Act

Energy Technology Data Exchange (ETDEWEB)

Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub [Chungnam National Univ., Taejon (Korea, Republic of)

1998-03-15

Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations.

Legal problems of doing business with foreign energy cartels

International Nuclear Information System (INIS)

Sayler, R.H.

1983-01-01

This paper focuses on the uranium cartel - or marketing arrangement as its admitted participants styled it. The clash between US antitrust laws and cartels that fix prices is examined with particular emphasis on the uranium antitrust litigation and on a US antitrust lawsuit in which the courts rejected an attack on OPEC's price-fixing and output-limitation activities. Basic legal principles pertaining to this type of litigation are explained. Even more specialized defenses are available to complicate the litigation when foreign governments are involved with the cartel: sovereign immunity, act of state, and foreign governmental compulsion. It is concluded that antitrust litigation against a foreign cartel is not impossible, but it may be unwise in the long run if it precipitates an international reversion to protectionism. 35 references

Formation of Professional Competence of Legal Specialty Students in the Elective Courses Studying

Science.gov (United States)

Akhmejanova, Gulnara; Olzhabayev, Bulat; Grigoryeva, Roza; Karibaeva, Zhanara; Avilkhan, Akmamyk; Sakenov, Janat

2016-01-01

This article examines the scientific problem of the formation of professional competence of legal specialty students in the elective courses studying. The analysis has been conducted and the content of professional competence of legal specialty students has been substantiated. This work substantiates the role of elective courses in the formation…

The Uses of E-mail as a Medium on the Contante Justitie Proceedings on the Courts in Indonesia

Directory of Open Access Journals (Sweden)

Yasser S. Wahab

2015-10-01

Full Text Available This research aims to know how the contante justitie principle may be applied into the enforced legislation in Indonesia, and to investigate the synergy of proceedings by means of e-mail in realizing contante justitie. The research employed in this paper is normative research, using both primary and secondary legal sources. Primary sources obtained from compiling relevant rules on the research concerned, in addition to secondary sources taken from books, court decisions, newspapers, internet materials and others relevant with the issue; that is to oversee the contradictions of humanist and mechanical processes when utilizing the internet e-mail for the court proceedings. The use of internet media e-mail in the correspondence process is expected to cut down the time, cost and potential instability. Thus strongly supports the realization of the principle of contante justitie in court proceedings more effectively and efficiently.

Legal Field and Social Representations : Analysis of Damage of The Grounds of Failure in Moral Judgments

Directory of Open Access Journals (Sweden)

Morgana Neves de Jesus

2016-11-01

Full Text Available It is proposed to analyze the problem of the failure of judicial decisions, from the observation of the interference of social representations the lack of real motivation of judgments, from the statement of denaturation of the institute moral damage caused by internalized reproduction of concepts and meanings anchored and objectified in the collective unconscious of the various authorities and actors in the legal field. Seeks to understand the social representations reproduced in the legal and social field of the institute, which confirms the problem of inadequate statement of reasons and not resolving legal conflicts social damage morale.

Units for the protection of child victims and witnesses in the criminal proceedings: Domestic legislation and practice

Directory of Open Access Journals (Sweden)

Milosavljević-Đukić Ivana

2017-01-01

Full Text Available Republic of Serbia has invested maximum efforts in adjusting national legislation with the international legal framework, as well in fulfilling its obligations foreseen in relevant international documents, including the Child Rights Convention. The purpose of this paper is to present Units for the Protection of Child Victims and Witnesses in the Criminal Proceedings that were developed within the IPA project “Improvement of Children's Right through the System of Justice and Social Protection in Serbia”, funded by the EU, and implemented by the UNCEF in cooperation with the Ministry of Justice and Ministry of Labour, Employment, Veteran and Social Policy of the Republic of Serbia. The project was implemented from August 2014 to March 2017. The purpose of the Units is to ensure the best interest of children in situation when a child is identified as a victim or a witness of a crime and appears in the criminal or other court procedure. In this way, the state protects children who are important and infallible part of judicial proceedings from secondary victimization and traumatisation, given that the processes within institutions inevitably reflect on mental state of a child. Units were established in four cities: Belgrade, Niš, Novi Sad, and Kragujevac, and they operate at the regional level. This enables that all children, even those in rural areas, will be provided with adequate assistance and support during preparations for the hearing, during criminal proceedings, as well as in its aftermath. The role of the Units is multiple: along with the support to children, it also includes support to the judiciary agencies since the hearing may be performed with a help of professional personnel, psychologist, pedagogue or social worker. Since the members of the Units are trained for conducting forensic interviews according to the Protocol of the National Institute of Child Health and Human Development, their involvement by the judiciary becomes even

To the Question of Legal Regulation in Conditions of Information Technologies Development

Directory of Open Access Journals (Sweden)

Alexander A. Galushkin

2014-12-01

Full Text Available In the present article author analyzes questions of legal regulation of the new public relations which appeared in connection with development and a wide circulation of new information and information and communication technologies. In article author carries out the analysis of questions of cyberwars and cyberespionage, opinions of the Russian and foreign scientists are analyzed. In the conclusion author draws a conclusion that emergence of new technologies and their active distribution in society generates a set of the legal problems needing to development of adequate legal decisions.

(Judicial mediation in Italy and Serbia: Comparative legal and economic analysis

Directory of Open Access Journals (Sweden)

Mojašević Aleksandar S.

2015-01-01

Full Text Available In this paper, the author analyzes the (judicial mediation in Italy and Serbia from the legal and economic aspects. Given the fact that Serbia and Italy belong to the same legal system, that there are many similar problems in the regulation and implementation of mediation in practice, but also considering that Italy has gone a step further in the regulation of this legal institution primarily by introducing mandatory mediation, the aim of this paper is to provide a comparative analysis of the concepts and institutional forms of mediation in the two countries and, consequently, to observe if there are any legal solutions that Serbia could possibly adopt from the Italian legal system. We assume that the Italian experience in the regulation and implementation of mediation, and its mandatory form in particular, could serve as a solid basis for finding certain legal solutions that could potentially contribute to improving the efficiency of this legal institution in our country. The main finding is that the institutionalizing of mandatory mediation in specific disputes, primarily in disputes on civil and commercial matters, would improve the efficiency of mediation in Serbia.

Legal control scenario applied to embedded software in measuring instruments

International Nuclear Information System (INIS)

Castro, C.G. de; Brandao, P.C.; Leitao, F.O.

2013-01-01

This paper presents a scenario of legal control of software in measuring instruments. Such control is hampered by intrinsic problems related to software analysis and verification. To circumvent these difficulties, several projects are being developed to attack different stages of legal control, such as the model type approval, periodic verifications and metrological expertise. The proposals that will arise from these projects will be discussed among the parts and may be incorporated into the measuring instruments. (author)

(REThinking the Legal Education Through the Storytelling Practices: The Example of the Jury

Directory of Open Access Journals (Sweden)

Tamer Fakhoury Filho

2016-10-01

Full Text Available It is necessary to (rethink legal education using new methodologies. This requires changing the dominant mindset in teaching and practice of law (still essentially based on conflict and judicial proceedings. A new model can be implemented with the strategic analysis of the law and the storytelling. The storytelling in the classroom and in professional practice, is one of the viable ways to implement these changes. As the storytelling is already used in the jury, it can also be used in other professional fields and enhanced as a tool teaching of law, regardless of discipline.

The role of advocacy in occasioning community and organizational change in a medical-legal partnership.

Science.gov (United States)

Anderson-Carpenter, Kaston D; Collie-Akers, Vicki; Colvin, Jeffrey D; Cronin, Katie

2013-01-01

Health disparities among low-income individuals remain a significant problem. A number of social determinants are associated with adverse health outcomes. Medical-legal partnerships address legal concerns of low-income individuals to improve health and wellness in adults and children. The Medical-Legal Partnership at Legal Aid of Western Missouri provides free direct legal services for patients with legal concerns affecting health. There is limited evidence regarding the association between advocacy-related efforts and changes within both the medical-legal partnership structure and in health-care facilities. Three health-care organizations in Kansas City, MO participated in implementing the medical-legal partnership model between 2007 and 2010. Advocacy efforts conducted by key medical-legal partnership personnel were strongly associated with changes in health-care organizations and within the medical-legal partnership structure. This study extends the current evidence base by examining the types of advocacy efforts required to bring about community and organizational changes.

Proceedings of 1.International scientific and technological conference 'Modern problems of geophysics, geology, development, processing and use of Kazakhstan hydrocarbon raw materials'. v. 1-2

International Nuclear Information System (INIS)

2000-01-01

Proceedings of reports presented on 1.International scientific and technological conference 'Modern problems of geophysics, geology, development, processing and use of Kazakhstan hydrocarbon raw materials', devoted to the 20th anniversary of the Atyrau Institute of Oil and Gas (Atyrau, 2000, 18-19 December) are published in 2 volumes. The problems and new methods for prediction of oil and gas as well as different resources in both the coastal lands and the shelf of the Caspian Sea are considered. Scientific problems of drilling and repair of oil and gas wells are highlighted. Results of fundamental and applied studies on problems of oil and oil products processing, its transportation through pipelines with taking into account rheological and physico-chemical properties of oils mining on western fields of the Republic are cited. The points of ecological safety guarantee, reliability of mechanisms and machines operation and others problems are widely discussed

Readiness to proceed: Characterization planning basis

International Nuclear Information System (INIS)

Adams, M.R.

1998-01-01

This report summarizes characterization requirements, data availability, and data acquisition plans in support of the Phase 1 Waste Feed Readiness to Proceed Mid-Level Logic. It summarizes characterization requirements for the following program planning documents: Waste Feed Readiness Mid-Level Logic and Decomposition (in development); Master blue print (not available); Tank Waste Remediation System (TWRS) Operations and Utilization Plan and Privatization Contract; Enabling assumptions (not available); Privatization low-activity waste (LAW) Data Quality Objective (DQO); Privatization high-level waste (HLW) DQO (draft); Problem-specific DQOs (in development); Interface control documents (draft). Section 2.0 defines the primary objectives for this report, Section 3.0 discusses the scope and assumptions, and Section 4.0 identifies general characterization needs and analyte-specific characterization needs or potential needs included in program documents and charts. Section 4.0 also shows the analyses that have been conducted, and the archive samples that are available for additional analyses. Section 5.0 discusses current plans for obtaining additional samples and analyses to meet readiness-to-proceed requirements. Section 6.0 summarizes sampling needs based on preliminary requirements and discusses other potential characterization needs. Many requirements documents are preliminary. In many cases, problem-specific DQOs have not been drafted, and only general assumptions about the document contents could be obtained from the authors. As a result, the readiness-to-proceed characterization requirements provided in this document are evolving and may change

National seminar on public information on peaceful uses of nuclear energy - NUCInfo'98. Proceedings. Vol 2. Section B - Scientific and Technical Papers

International Nuclear Information System (INIS)

Dobos, Ion; Comsa, Olivia

1998-01-01

These proceedings published in two volumes contain materials presented at the National Seminar on Public Information on Peaceful uses of Nuclear Energy - NUCInfo'98 - held on 30th September to 2nd October 1998 at Bucharest, Romania. The first volume was dedicated to Public Information. The second volume containing 56 scientific and technical papers is structured in three parts according to the three sessions entitled: B 1 . Sustainable Development - Energy - Environment; B 2 . Nuclear safety, Radioactive Wastes, Radioprotection and Nuclear Safeguards; B 3 . Scientific Research, Technological Development and Applications of the Nuclear Energy in Economic and Social Life. The great majority of the contributions deal with specific public information technical problems and debates on nuclear issues mainly related to radiation monitoring, waste management, air, water and food contamination from accidental radioactive release or from fuel cycle relating activities. Also, several papers discuss the present status of national nuclear program, program management and legal matters in the nuclear field. A number of papers debate the questions related to radiation protection procedures and the safety problems at the Cernavoda NPP based on CANDU type reactors

67. Anniversary festival of the VSE 23 May 1981, at Interlaken. [Attitude of VSE to the legal requirements concerning the use of nuclear energy and protection of the public from radiation

Energy Technology Data Exchange (ETDEWEB)

1981-10-17

The meeting report contains six statements relating to the attitude of the Swiss Engineers to the legal requirements concerning the use of nuclear energy and the protection of the public from radiation. These imply that the present laws make it almost impossible to proceed with nuclear energy development. Although a proposed article has been introduced into the constitution accepting nuclear power development in parallel with conventional sources, the legal framework is inadequate to support this in practice.

Responding to violence against women: social science contributions to legal solutions.

Science.gov (United States)

Portwood, Sharon G; Heany, Julia Finkel

2007-01-01

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

Regulating the helping hand: improving legal preparedness for cross-border disaster medicine.

Science.gov (United States)

Fisher, David

2010-01-01

Medical care is a highly regulated field in nearly every country. Therefore, it is not surprising that legal issues regularly arise in cross-border disaster operations that have with the potential to profoundly impact the effectiveness of international assistance. Little attention has been paid to preparing for and addressing these kinds of issues. This paper will report on research by the International Federation of Red Cross and Red Crescent Societies (IFRC) on International Disaster Response Law, and discuss new developments in the international legal framework for addressing these issues. For seven years, the IFRC has studied legal issues in cross-border disaster assistance. Its activities have included several dozen case studies, a global survey of governments and humanitarian stakeholders, and a series of meetings and high-level conferences. The IFRC has found a consistent set of regulatory problems in major disaster relief operations related to the entry and regulation of international relief. These include some issues specific to the health field, such as the regulation of drug donations and the recognition of foreign medical qualifications. To address the gaps in domestic and international regulatory structures, the IFRC spearheaded the development of new international guidelines. The legal risks for international health providers in disaster settings are real and should be better integrated into program planning. Governments must become more proactive in ensuring that legal frameworks are flexible enough to mitigate these problems.

Investigation on legal problems encountered by emergency medicine physicians in Turkey.

Directory of Open Access Journals (Sweden)

Afsin Emre Kayipmaz

Full Text Available Medicine is a profession that carries certain risks. One risky area of practice is the emergency department. Emergency physicians diagnose and treat a high volume of patients, and are also responsible for preparing reports for forensic cases. In this study, we aim to investigate emergency physicians' legal-administrative problems and reveal their level of understanding on forensic cases.An electronic questionnaire form was prepared after the approval of an ethical committee. This form was sent to the residents, specialists and academicians of emergency medicine by e-mail. The physicians were asked to fill out the form online. All the gathered data was analyzed. Descriptive statistics were presented as frequency percentages with mean and standard deviation. Chi-square tests were used to compare the groups. Correlation between number of complaint cases and age, sex, career, institution, and duration of service in emergency department were investigated. p<0.05 was considered statistically significant.294 physicians participated in the questionnaire. According to the questionnaire, 170 of the physicians were reported to the patient communication units due to medical malpractice. Mean number of compliant reports was 3.20±3.5. 29 of the physicians received administrative penalties. 42 of the physicians were judged in the court for medical malpractice. 1 physician was fined 5000 Turkish Liras as a result of these judgments.We found that the number of complaint reports is negatively correlated with duration of service in emergency medicine and age. There was a significant difference between number of complaint reports and career (p<0.05. The physicians' level of awareness on forensic cases was found to be insufficient. Lack of legislation knowledge may be an important cause of complaint reports concerning emergency physicians, who have a high load of patients. Thus, we think that increasing the frequency of post-graduate education sessions and

Legal method in danish law

DEFF Research Database (Denmark)

Blume, Peter Erik

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......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...

Dispensing with conscience: a legal and ethical assessment.

Science.gov (United States)

Wernow, Jerome R; Grant, Donald G

2008-11-01

For over 30 years, pharmacists have exercised the right to dispense medications in accordance with moral convictions based upon a Judeo-Christian ethic. What many of these practitioners see as an apparent shift away from this time-honored ethic has resulted in a challenge to this right. To review and analyze pharmacy practice standards, legal proceedings, and ethical principles behind conflicts of conscientious objection in dispensing drugs used for emergency contraception. We first searched the terms conscience and clause and Plan B and contraception and abortion using Google, Yahoo, and Microsoft Networks (2006-September 26, 2008). Second, we used Medscape to search professional pharmacy and other medical journals, restricting our terms to conscience, Plan B, contraceptives, and abortifacients. Finally, we employed Loislaw, an online legal archiving service, and did a global search on the phrase conscience clause to determine the status of the legal discussion. To date, conflicts in conscientious objection have arisen when a pharmacist believes that dispensing an oral contraceptive violates his or her moral understanding for the promotion of human life. Up to this time, cases in pharmacy have involved only practitioners from orthodox Christian faith communities, primarily devout Roman Catholics. A pharmacist's right to refuse the dispensing of abortifacients for birth control according to moral conscience over against a woman's right to reproductive birth control has created a conflict that has yet to be reconciled by licensing agents, professional standards, or courts of law. Our analysis of prominent conflicts suggests that the underlying worldviews between factions make compromise improbable. Risks and liabilities are dependent upon compliance with evolving state laws, specific disclosure of a pharmacist's moral objections, and professionalism in the handling of volatile situations. Objecting pharmacists and their employers should have clear policies and

A legal primer for the obesity prevention movement.

Science.gov (United States)

Mermin, Seth E; Graff, Samantha K

2009-10-01

Public health advocates and scientists working on obesity prevention policy face challenges in balancing legal rights, individual freedom, and societal health goals. In particular, the US Constitution and the 50 state constitutions place limits on the ability of government to act, even in the best interests of the public. To help policymakers avoid crossing constitutional boundaries, we distilled the legal concepts most relevant to formulating policies aimed at preventing obesity: police power; allocation of power among federal, state, and local governments; freedom of speech; property rights; privacy; equal protection; and contract rights. The goal is to allow policymakers to avoid potential constitutional problems in the formation of obesity prevention policy.

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

Directory of Open Access Journals (Sweden)

Rodica Diana APAN

2014-06-01

Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

The current legal situation relating to food irradiation as assessed by the Land Government

International Nuclear Information System (INIS)

Frede, W.

1994-01-01

Discussed is the current legal situation of food irradiation procedures as assessed by the Government of Northrhine-Westfalia. The topics highest on the agenda are the unrestrained exchange of merchandise within the Internal Market and the problems arising from deviating legal stipulations in the individual EU member states. (vhe) [de

Auroral Tomography Workshop, Proceedings

International Nuclear Information System (INIS)

Steen, Aa.

1993-08-01

In ionospheric and atmospheric physics the importance of multi-station imaging has grown as a consequence of the availability of scientific grade CCD cameras with digital output and affordable massive computing power. Tomographic inversion techniques are used in many different areas, e.g. medicine, plasma research and space physics. The tomography workshop was announced to gather a limited group of people interested in auroral tomography or tomographic inversion methods in general. ALIS (Auroral Large Imaging System) is a multi-station ground-based system developed primarily for three-dimensional auroral imaging, however other non-auroral objects can be studied with ALIS, e.g. stratospheric clouds. Several of the contributions in the workshop dealt with problems related to geometries similar to the ALIS-configuration. The Proceedings contain written contributions received either in abstract form or as full papers. The Proceedings also contain contributions intended for the Workshop but not presented due to the absence of the speaker. Separate abstracts have been prepared for 15 of the 17 papers

Methodology and Psychological Knowledge Issues in the Procedural Differentiation Sphere and the Evidence Doctrine: Problems of Theory and Legislation

Directory of Open Access Journals (Sweden)

Sergey S. Tsyganenko

2016-09-01

Full Text Available The paper is devoted to actual problems of the theory and legislation of the modern criminal trial based on provisions of differentiation of a procedural form. Its basic provisions belong also to questions of evidentiary activity. Characteristics of knowledge on criminal case will claim the psychological knowledge and categories included in the mechanism of legal regulation of criminal procedure activity. Key role is allocated for the principle of freedom of an assessment of proofs. In this case the assessment of proofs is carried out on internal belief. Historically it is connected with institute of jury trial and competitiveness. Both the principle of freedom of assessment of proofs, and many other provisions of the procedural theory and the legislation need interpretation and an explanation with use of modern psychological knowledge. At the same time in modern Russian criminal procedure as well as in foreign types of criminal trial the reduced summary or special procedural jurisdictions are actively applied. It means formation of the differentiated model of criminal legal proceedings at which there is a summary process. Simplification of an order of proof on a criminal case through a wide range of exceptions is characteristic of them that constitutes a theoretical and practical problem. At their decision it is necessary to use a modern arsenal of methodology and the theory, including new achievements in the field of psychological knowledge.

New Technologies, New Problems, New Laws.

Science.gov (United States)

Recupero, Patricia R

2016-09-01

Forensic psychiatrists in the 21st century can expect to encounter technology-related social problems for which existing legal remedies are limited. In addition to the inadequate protection of adolescents using social media as outlined by Costello et al., current laws are often poorly suited to remedy problems such as cyberharassment, sexting among minors, and the publication of threatening or harmful communications online. Throughout history, technological developments have often preceded the introduction of new laws or the careful revision of existing laws. This pattern is evident in many of the newer social problems that involve technology, including cyberbullying, online impersonation, and revenge porn. As specialists working at the intersection of human behavior and the law, forensic psychiatrists are uniquely situated to help legal professionals and others understand the impact of internet-related problematic behaviors on victims and, perhaps, to assist in the development of new legal remedies that are better tailored to our increasingly digital society. © 2016 American Academy of Psychiatry and the Law.

Proceedings of the 1986 seminar on nuclear data

Energy Technology Data Exchange (ETDEWEB)

Nakagawa, Tsuneo; Asami, Tetsuo [eds.

1987-02-15

The seminar focused on problems with nuclear data and reactor constants and their sensitivity analyses. The poster session concerned recent measurements of neutron cross sections and computer codes for theoretical calculations. Separate abstracts were prepared for 34 papers in these proceedings. (DWL)

Regulatory networks, legal federalism, and multi-level regulatory systems

OpenAIRE

Kerber, Wolfgang; Wendel, Julia

2016-01-01

Transnational regulatory networks play important roles in multi-level regulatory regimes, as e.g, the European Union. In this paper we analyze the role of regulatory networks from the perspective of the economic theory of legal federalism. Often sophisticated intermediate institutional solutions between pure centralisation and pure decentralisation can help to solve complex tradeoff problems between the benefits and problems of centralised and decentralised solutions. Drawing upon the insight...

Do organizational and political-legal arrangements explain financial wrongdoing?

Science.gov (United States)

Prechel, Harland; Zheng, Lu

2016-12-01

The 2008 financial crisis was a systemic problem with deep-rooted structural causes that created opportunities to engage in financial malfeasance, a form of corporate wrongdoing. However, few quantitative studies exist on the effects of organizational and political-legal arrangements on financial malfeasance. In this paper, we examine the effects of organizational and political-legal arrangements that emerged in the 1990s in the FIRE sector (i.e., financial, insurance, and real estate) on financial malfeasance. Our historical contextualization demonstrates how changes in the political-legal arrangements facilitate the emergence of new corporate structures and opportunities for financial malfeasance. Our longitudinal quantitative analysis demonstrates that US FIRE sector corporations with a more complex organizational structure, larger size, lower dividend payment, and higher executive compensation are more prone to commit financial malfeasance. © London School of Economics and Political Science 2016.

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.

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

Home; Journals; Proceedings – Mathematical Sciences; Volume 123; Issue 2. Issue front cover thumbnail. Volume 123, Issue 2. May 2013, pages 151-302. pp 151- ... Distribution of Residues and Primitive Roots ..... Series Solutions and a Perturbation Formula for the Extended Rayleigh Problem of Hydrodynamic Stability.

Proceedings of the 14th Stiavnica Days 2013

International Nuclear Information System (INIS)

Skrabalek, P.

2013-10-01

Scientific conference deals with the following problems: peaceful use of nuclear energy, the use of atomic radiation in science and practice, monitoring of ionizing radiation in the environment, protect people from ionizing radiation, radioactive waste management. Proceedings contains eleven papers published on the CD-ROM.

Radiation Protection Society of Serbia and Montenegro. Proceedings of 26. Symposium

International Nuclear Information System (INIS)

Kovacevic, M.

2011-09-01

The Proceedings are a collection of papers presented at the 26. Symposium of the Radiation Protection Society of Serbia and Montenegro, held in Tara, Serbia, 12-14 October 2011. The papers are organised into following sessions: General problems and modern concept of Radiation Protection, Radioecology, Radiation Protection in Medicine, Dosimetry, Biodosimetry, Decontamination, Measuring Instrumentation, Other topics. The papers represent the scientific contributions of 162 authors. The Proceedings were printed in 100 hard copies.

The Legal Case

NARCIS (Netherlands)

Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

2013-01-01

This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

Relations of Parenting Quality, Interparental Conflict, and Overnights with Mental Health Problems of Children in Divorcing Families with High Legal Conflict

Science.gov (United States)

Sandler, Irwin N.; Wheeler, Lorey A.; Braver, Sanford L.

2013-01-01

The current study examined the associations between child mental health problems and the quality of maternal and paternal parenting, and how these associations were moderated by three contextual factors, quality of parenting by the other parent, interparental conflict, and the number of overnights parents had with the child. Data for the current study come from a sample of divorcing families who are in high legal conflict over developing or maintaining a parenting plan following divorce. Analyses revealed that the associations between child mental health problems and positive maternal and paternal parenting were moderated by the quality of parenting provided by the other parent and by the number of overnights children spent with parents, but not by the level of interparental conflict. When both parenting by the other parent and number of overnights were considered in the same model, only number of overnights moderated the relations between parenting and child behavior problems. The results support the proposition that the well-being of children in high conflict divorcing families is better when they spend adequate time with at least one parent who provides high quality parenting. PMID:24098960

The legal system of nuclear waste disposal

International Nuclear Information System (INIS)

Dauk, W.

1983-01-01

This doctoral thesis presents solutions to some of the legal problems encountered in the interpretation of the various laws and regulations governing nuclear waste disposal, and reveals the legal system supporting the variety of individual regulations. Proposals are made relating to modifications of problematic or not well defined provisions, in order to contribute to improved juridical security, or inambiguity in terms of law. The author also discusses the question of the constitutionality of the laws for nuclear waste disposal. Apart from the responsibility of private enterprise to contribute to safe treatment or recycling, within the framework of the integrated waste management concept, and apart from the Government's responsibility for interim or final storage of radioactive waste, there is a third possibility included in the legal system for waste management, namely voluntary measures taken by private enterprise for radioactive waste disposal. The licence to be applied for in accordance with section 3, sub-section (1) of the Radiation Protection Ordinance is interpreted to pertain to all measures of radioactive waste disposal, thus including final storage of radioactive waste by private companies. Although the terminology and systematic concept of nuclear waste disposal are difficult to understand, there is a functionable system of legal provisions contained therein. This system fits into the overall concept of laws governing technical safety and safety engineering. (orig./HSCH) [de

Abortion in Iranian legal system: a review.

Science.gov (United States)

Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

2014-02-01

Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

Readiness for Solving Story Problems.

Science.gov (United States)

Dunlap, William F.

1982-01-01

Readiness activities are described which are designed to help learning disabled (LD) students learn to perform computations in story problems. Activities proceed from concrete objects to numbers and involve the students in devising story problems. The language experience approach is incorporated with the enactive, iconic, and symbolic levels of…

Measures to Prevent Financial Fraud and Legalization of Illicit Funds

Directory of Open Access Journals (Sweden)

Chunitska Iryna I.

2017-06-01

Full Text Available The problems of preventing financial fraud and legalization of funds using mechanisms of the financial market are considered. The relevance of this problem in general and peculiar features of its research in developing economies are substantiated. The experience of organizations created to prevent the legalization of illicit funds is studied. It is determined that new organizations are created in response to the global challenges. It is justified that in Ukraine the fight against the legalization of illicit funds has actualized due to a lack of financial resources in the country, declaration of course towards European values and also as a result of the military conflict in the east of the country. The risk factors for financial fraud and illegal movement of financial flows are systematized according to the groups of conditions: pressure, favorable situation, propensity (justification. It is determined which levels of risk of generating illegal financial flows are inherent in different sectors of the economy depending on institutional factors. It is argued that the increase in the risks of illegal financial flows occurs under conditions of a low level of maturity of the institutional environment and a high level of information asymmetry. Types and tools of fraud in the financial market that increase the risks of illegal financial flows are systematized. It is determined that main types of fraud in the financial market are related to information manipulations and regulatory deficiencies. The world experience of legislative initiatives on counteracting the legalization of funds in financial markets is systematized. It is justified that, in order to prevent financial fraud and prevent legalization of illicit funds in Ukraine, it is necessary to ensure maximum transparency of information on the movement of financial flows in financial markets. In addition, regulators of the financial market should not only cooperate with each other but also prevent

Legal questions concerning the termination of spent fuel element reprocessing

International Nuclear Information System (INIS)

John, Michele

2005-01-01

The thesis on legal aspects of the terminated spent fuel reprocessing in Germany is based on the legislation, jurisdiction and literature until January 2004. The five chapters cover the following topics: description of the problem; reprocessing of spent fuel elements in foreign countries - practical and legal aspects; operators' responsibilities according to the atomic law with respect to the reprocessing of Geman spent fuel elements in foreign countries; compatibility of the prohibition of Geman spent fuel element reprocessing in foreign countries with international law, European law and German constitutional law; results of the evaluation

The legal status of sustainable development in the Nigerian ...

African Journals Online (AJOL)

Sustainable development underpins environmental governance in all jurisdictions, but its legal status is still controversial. The major problem which Nigerian courts and policy-makers will continue to face when implementing and enforcing sustainable development in environmental governance is whether it is a moral or ...

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

Translating Legal Collocations in Contract Agreements by Iraqi EFL Students-Translators

Directory of Open Access Journals (Sweden)

Muntaha A. Abdulwahid

2017-01-01

Full Text Available Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1 purely technical, (2 semi-technical, and (3 everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.

2. National Seminar on Acceptance and Trade of Irradiated Foods. Proceedings; 2. Seminario Nacional Aceptacion y Comercio de Alimentos Irradiados. Memorias

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-12-31

This proceedings is a compilation of 18 papers presented at the National Seminar on Acceptance and Trade of Irradiated Food, held in Toluca, Mexico, 27-29 October 1997. It generally deals with international and national legal, technological, health and commercial aspects of food irradiation. Public confidence and consumer acceptance of irradiated food stuff is also the subject of the seminar

2. National Seminar on Acceptance and Trade of Irradiated Foods. Proceedings; 2. Seminario Nacional Aceptacion y Comercio de Alimentos Irradiados. Memorias

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-12-31

This proceedings is a compilation of 18 papers presented at the National Seminar on Acceptance and Trade of Irradiated Food, held in Toluca, Mexico, 27-29 October 1997. It generally deals with international and national legal, technological, health and commercial aspects of food irradiation. Public confidence and consumer acceptance of irradiated food stuff is also the subject of the seminar

Legal impediments to the development of the geopressured resource

Energy Technology Data Exchange (ETDEWEB)

Harrell, T.A.; Meriwether, J.

1977-11-16

A brief description is given of the physical characteristics of geopressured reservoirs and the methods of their exploitation upon which this analysis was based. Brief mention is made of some technological problems facing the developer. A summary description of the ownership of the resource in Louisiana and of the devices available for its development are set forth. The legal problems which result from the interplay of these factors are discussed, and a brief suggestion is made as to the kinds of action which might be taken to resolve these problems and expedite development. (MHR)

Proceedings of biodegradation

International Nuclear Information System (INIS)

Anon.

1990-01-01

This book contains the proceedings of Biodegradation. Topics include:biodegradation using the tools of biotechnology, basic science aspects of biodegradation, the physiological characteristics of microorganisms, the use of selective techniques that enhance the process of microbial evolution of biodegradative genes in nature, the genetic characteristics of microorganisms allowing them to biodegrade both natural and synthetic toxic chemicals, the molecular techniques that allow selective assembly of genetic segments form a variety of bacterial strains to a single strain, and methods needed to advance biodegradation research as well as the high-priority chemical problems important to the Department of Defense or to the chemical industry

Proceedings – Mathematical Sciences | Indian Academy of Sciences

Indian Academy of Sciences (India)

... Refresher Courses · Symposia · Live Streaming. Home; Journals; Proceedings – Mathematical Sciences; Volume 127; Issue 3. On a problem of Pillai with Fibonacci numbers and powers of 2. MAHADI DDAMULIRA FLORIAN LUCA MIHAJA RAKOTOMALALA. Research Article Volume 127 Issue 3 June 2017 pp 411-421 ...

Breakdowns in communication of radiological findings: an ethical and medico-legal conundrum

OpenAIRE

Berlin, Leonard; Murphy, Daniel R.; Singh, Hardeep

2014-01-01

Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a mor...

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

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....

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...

Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

OpenAIRE

Caroline Lydia Hart

2012-01-01

Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

Legal problems surrounding the deregularisation of the power economy. Rechtliche Probleme einer Deregulierung der Elektrizitaetswirtschaft

Energy Technology Data Exchange (ETDEWEB)

Baur, J F; Moraing, M

1994-01-01

Numerous efforts, both national and international, are currently being undertaken to force competition in the power economy. Not the smallest contribution to greater competition is to come from granting third party access to the grid. The authors closely examine the different concepts that have been proposed in this controversial discussion. In doing so they place an emphasis on the implications the restructuring of the existing legal framework would have for constitutional law and here in particular for property rights. In conclusion, they find that a pool solution is hardly justifiable by constitutional law. Even an institutionalised third party access solution is considered practicable only if implemented with appropriate interim solutions. By contrast, the misuse concept already provided for by the law in force is judged to be worthy of further development. (orig.)

A sense of self-suspicion: global legal pluralism and the claim to legal authority

Directory of Open Access Journals (Sweden)

Mariano Croce

2015-03-01

Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

Alternative dispute resolution of medical-legal issues.

Science.gov (United States)

Barton, H M

1991-02-01

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

ELECTRONIC EVIDENCE IN THE JUDICIAL PROCEEDINGS AND COMPUTER FORENSIC ANALYSIS

Directory of Open Access Journals (Sweden)

Marija Boban

2017-01-01

Full Text Available Today’s perspective of the information society is characterized by the terminology of modern dictionaries of globalization including the terms such as convergence, digitization (media, technology and/or telecommunications and mobility of people or technology. Each word with progress, development, a positive sign of the rise of the information society. On the other hand in a virtual environment traditional evidence in judicial proceedings with the document on paper substrate, are becoming electronic evidence, and their management processes and criteria for admissibility are changing over traditional evidence. The rapid growth of computer data created new opportunities and the growth of new forms of computing, and cyber crime, but also the new ways of proof in court cases, which were unavailable just a few decades. The authors of this paper describe new trends in the development of the information society and the emergence of electronic evidence, with emphasis on the impact of the development of computer crime on electronic evidence; the concept, legal regulation and probative value of electronic evidence, and in particular of electronic documents; and the issue of electronic evidence expertise and electronic documents in court proceedings.

Features Of The Legal Practices Application In The Decisions Of The Township Courts In Russia In The Nineteenth Century

Directory of Open Access Journals (Sweden)

Nadezhda V. Dashkovskaya

2014-12-01

Full Text Available In the present article the concept of legal custom as a source of law is researched. The role of legal customs in Russian Empire is shown. It is proved that during the Russian Empire period legal custom played an important role in the legal system, being one of the building blocks. Peculiarities of township courts activity are researched. Significance of legal customs for proceedings in the township courts is shown. For the importance of township courts in the Russian Empire played the fact that in their work they used existing among peasants customs and it was sanctioned by the authorities. Author stresses out that by recognizing custom, state thus authorizes current pattern of behavior in the society, a way of resolve conflicts that to the greatest extent are consistent with the understanding of justice by the society. To the legal custom, following features: custom is formed as a result of certain action frequent repetition; the source of the legal custom formation is a social consciousness; customs largely reflect the level of the society development at the particular stage; customs has quite a local character; customs reflect collective understanding on the fair nature of law. In the article two features which the judicial system of the Russian Empire had in the post-reform period: presence of class township courts as a class judiciary and application of legal customs to the township courts are noted. Combination of these two features allowed government to preserve patriarchal relations in the countryside. Such conservation, to some extent, was contrary to the liberal orientation of the "great reforms" of Alexander II, hindered development of the capitalist relations in the country, delaying implementation of the judicial reform principles.

Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world.

Science.gov (United States)

Nardodkar, Renuka; Pathare, Soumitra; Ventriglio, Antonio; Castaldelli-Maia, João; Javate, Kenneth R; Torales, Julio; Bhugra, Dinesh

2016-08-01

The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.

The Jurisprudence and Legal Review of the Effect of Promise Fulfillment in Sustainable Development of Islamic Community with Comparative Study

Directory of Open Access Journals (Sweden)

Nasser Hasan Delgoshamehr

2017-04-01

Full Text Available One of the problems in different countries including Iran is contracts breach and termination of securities contrary to the ethics. If this process is not resolved via trust and negotiation, two parties refer to legal courts and this increases the legal cases and costly operation, legal procedure, different social problems, property loss that are sold by paltry price in the bids and this is not compensated sometimes. This study evaluates promise fulfillment from jurisprudence and legal aspects and its effect is explained in the sustainable development of Islamic community. Also, promise fulfillment shows high level of human character and ignoring this element leads to loss and this is evaluated with a comparative evaluation in this study.

Analysis - what is legal medicine?

Science.gov (United States)

Beran, Roy G

2008-04-01

Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

Killing us softly: the dangers of legalizing assisted suicide.

Science.gov (United States)

Golden, Marilyn; Zoanni, Tyler

2010-01-01

This article is an overview of the problems with the legalization of assisted suicide as public policy. The disability community's opposition to assisted suicide stems in part from factors that directly impact the disability community as well as all of society. These factors include the secrecy in which assisted suicide operates today, in states where it is legal; the lack of robust oversight and the absence of investigation of abuse; the reality of who uses it; the dangerous potential of legalization to further erode the quality of the U.S. health care system; and its potential for other significant harms. Legalizing assisted suicide would augment real dangers that negate genuine choice and self-determination. In view of this reality, we explore many of the disability-related effects of assisted suicide, while also addressing the larger social context that inseparably impacts people with disabilities and the broader public. First, after addressing common misunderstandings, we examine fear and bias toward disability, and the deadly interaction of assisted suicide and our profit-driven health care system. Second, we review the practice of assisted suicide in Oregon, the first U.S. state to legalize it, and debunk the merits of the so-called Oregon model. Third and finally, we explore the ways that so-called "narrow" assisted suicide proposals threaten inevitable expansion. Copyright © 2010 Elsevier Inc. All rights reserved.

Federal legal constraints on state and local regulation of radioactive materials transportation

International Nuclear Information System (INIS)

Reese, R.T.; Morris, F.A.; Welles, B.W.

1980-01-01

Within the last five years, the transportation of nuclear materials has experienced a rapid growth of state/local regulations. The federal government is responding to develop a legal basis for declaring these state/local regulations inconsistent and has proceeded to declare certain state regulations invalid. This paper summarizes the relevant legal doctrines, places these doctrines in the context of the federal regulatory framework and reaches conclusions about what forms of state and local regulation may be subject to possible preemptive initiatives and what regulations are unlikely candidates for federal actions. This paper also discusses an example of a preemptive initiative and a federal action. The initiative is contained in DOT's proposed rule on Highway Routing of Radioactive Materials. DOT's first general preemptive action under the Hazardous Materials Transportation Act is described with respect to decisions on Rhode Island's regulations regarding transportation of liquified natural and petroleum gases. There are still some issues that have not been clarified - the role of the federal government in the development and support of emergency response capabilities for nuclear and other hazardous materials, detailed shipment information, and state requirements for prenotifications

Proceedings of the international scientific conference 'Radiation and ecosystem'

International Nuclear Information System (INIS)

Konoplya, E.F.; Malenchenko, A.F.; Gaponenko, V.I.; Gritsuk, A.I.; Timokhina, N.I.; Nikitin, A.N.; Kundas, S.P.; Mel'nov, S.B.; Okeanov, A.E.

2008-10-01

Results of investigations of interaction of radioisotopes, ecosystems and organisms from cell level to population level are given in the proceedings. Here are given information about migration of radionuclides through air and water ways, behavior of radioisotopes in aquatic, forest and agriculture ecosystems. Problems of radioactive dose forming of men and biota as well as ways of their decrease are discussed. A number of aspects of low dose irradiation effect on men, animals and plants are described. The proceedings are intended for scientists and specialists in fields of ecology, radiobiology, radioecology, for students and faculty members of biological, medical, ecological and agricultural universities

Proceedings of the water chemistry and materials performance conference

International Nuclear Information System (INIS)

Barber, D.

1986-01-01

The proceedings contain 11 papers dealing with primary and secondary side water chemistry in CANDU reactors, with the associated problems of activity transport and steam generator corrosion, and also with the use of decontaminating solutions. The individual papers have been abstracted separately

Proceedings of the water chemistry and materials performance conference

Energy Technology Data Exchange (ETDEWEB)

Barber, D [ed.; Atomic Energy of Canada Ltd., Sheridan Park, ON (Canada). CANDU Operations

1987-12-31

The proceedings contain 11 papers dealing with primary and secondary side water chemistry in CANDU reactors, with the associated problems of activity transport and steam generator corrosion, and also with the use of decontaminating solutions. The individual papers have been abstracted separately.

Negligence--When Is the Principal Liable? A Legal Memorandum.

Science.gov (United States)

Stern, Ralph D., Ed.

Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

Recognized and new problems of power generation from waste wood according to the new EEG of 2004; Alte und neue Probleme der Altholzverstromung nach der EEG-Novelle 2004

Energy Technology Data Exchange (ETDEWEB)

Anger, C. [Avocado Rechtsanwaelte, Koeln (Germany)

2005-10-01

Power generation from waste wood according to the EEG (Renewables Act), even in the modified version of 2004, raises complex legal problems under EU law. The contribution discusses these problems and presents important information on the legal boundary conditions of power generation from waste wood. (orig.)

Nature, frequency and duration of genital lesions after consensual sexual intercourse-Implications for legal proceedings

DEFF Research Database (Denmark)

Astrup, Birgitte Schmidt; Ravn, Pernille; Lauritsen, Jens

2012-01-01

OBJECTIVE: The purpose of this study was to make a normative description of the nature and duration of genital lesions sustained during consensual sexual intercourse, using the three most commonly used techniques; visualisation using the naked eye, colposcopy and toluidine blue dye followed....... Lesions were frequent; 34% seen with the naked eye, 49% seen with colposcopy and 52% seen with toluidine blue dye and subsequent colposcopy. The lesions lasted for several days; the median survival times for lacerations were 24, 40 and 80h, respectively. CONCLUSIONS: The legal implications...

THE PROBLEM OF LEGAL REGULATION OF THE OPERATION OF THE OVER-THE-COUNTER (OTC CURRENCY MARKET (FOREX IN UKRAINE AND THE EU

Directory of Open Access Journals (Sweden)

Eugene Podorozhnyi

2017-12-01

Full Text Available The aim of the article is to evaluate the state of legal institutionalization of the OTC foreign exchange market in Ukraine, as well as its comparison with the foreign experience of legal regulation of OTC currency relations in Ukraine and EU countries. The subject of the study is the legal and administrative framework for the functioning of the OTC currency market (Forex in Ukraine and in the EU countries. The methodology of the study consists of: historical and legal method, which allowed determining the preconditions for the emergence of OTC markets in Ukraine and the world and the principles of their functioning; system and structural method, which was used to analyse the world monetary system as an institutional and functional form of organization of international monetary and financial relations; a formal legal method that allowed us to comprehensively investigate a condition of regulation of the functioning of Forex in Ukraine, to identify its shortcomings, gaps, contradictions, and miscalculations, as well as to develop recommendations aimed at their elimination; a comparative and legal method that provided a deeper study of the specifics of the legal regulation of the functioning of Forex in the EU and to define ways of implementing a positive foreign experience in the national legal system. The results of the conducted legal study have shown that in Ukraine, the Forex market operates in legal vacuum conditions that negatively affect either the protection of the rights of forex clients or the amount of tax revenues to the state budget. The most acceptable way to eliminate this shortcoming is to implement the main principles and requirements of the MiFID in the national legislation. Practical impact. The research of experience of EU countries regarding the legal regulation of Forex companies activity and also regarding the creation of legal bases for implementation by the specified companies of self-regulation – it is a necessary

[Giving medico-legal opinions in cases with suspicion of medical mistake.part 1. between medicine and justice.

Science.gov (United States)

Chowaniec, Czesław; Chowaniec, Małgorzata; Wilk, Mateusz

2017-01-01

Creating medico-legal opinion is a sophisticated investigative, analytical, decision-making and creative process. Forensic medicine specialist in cooperation with clinical medicine consultants, on the basis of evidence analysis, which was gathered during procedures and contained in the acts has to create an objective and essential opinion. This opinion is a vital, very important and irreplaceable proof in every case. Judicial body consults with forensic medicine specialist or specialists if there are circumstances for settlement of which there is a need of classified informations - art. 193 of Penalty Code. Forensic medicine specialists face many difficulties which may have effect on quality, positiveness of opinion, compliance with the deadline, increasing expectancy of judicial body or sides. It is very difficult to find clinical specialists which except their clinical knowledge have basic knowledge about law, the role and duties of an court expert. In this article we discuss creating-opinion problems, role and position of court expert in confrontation with expectations of judicial body and the Justice with particular emphasis on medical mistakes and assessment of medical proceedings. We show the complexity of creating of medical opinions, especially these institutional.

Psychiatric morbidity and people's experience of and response to social problems involving rights.

Science.gov (United States)

Balmer, Nigel J; Pleasence, Pascoe; Buck, Alexy

2010-11-01

Psychiatric morbidity has been shown to be associated with the increased reporting of a range of social problems involving legal rights ('rights problems'). Using a validated measure of psychiatric morbidity, this paper explores the relationship between psychiatric morbidity and rights problems and discusses the implications for the delivery of health and legal services. New representative national survey data from the English and Welsh Civil and Social Justice Survey (CSJS) surveyed 3040 adults in 2007 to explore the relationship between GHQ-12 scores and the self reported incidence of and behaviour surrounding, rights problems. It was found that the prevalence of rights problems increased with psychiatric morbidity, as did the experience of multiple problems. It was also found the likelihood of inaction in the face of problems increased with psychiatric morbidity, while the likelihood of choosing to resolve problems without help decreased. Where advice was obtained, psychiatric morbidity was associated with a greater tendency to obtain a combination of 'legal' and 'general' support, rather than 'legal' advice alone. The results suggest that integrated and 'outreach' services are of particular importance to the effective support of those facing mental illness. © 2010 Blackwell Publishing Ltd.

Medico legal issues.

Science.gov (United States)

Mackenzie, Geraldine; Carter, Hugh

2010-01-01

This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

CHILD LABOR ABUSE: LEGAL ASPECTS

Directory of Open Access Journals (Sweden)

Darko Majhoshev

2016-01-01

Full Text Available The paper addresses the problem of child labor and ways of protection from child labor abuse. Child labor is a negative social phenomenon that is widespread throughout the world, and also in Republic of Macedonia. International and national institutions and organizations are making serious efforts to eradicate this negative phenomenon, through the adoption of numerous international legal instruments (conventions, recommendations, declarations, etc.. Child labor as a phenomenon refers to the employment of children in any work that deprives children of their childhood, interferes with their ability of education, and that is socially, mentally, physically, or morally dangerous and harmful. All international organizations define this practice as exploitative and destructive to the development of the whole society. With international legal instruments of the UN, ILO, Council of Europe and the EU child labor is strictly prohibited. There are some important differences which exist between the many kinds of work that is done by children. Some of them are demanding and difficult, others are hazardous and morally reprehensible. Children are doing a very wide range of activities and tasks when they work.

The Work Performed within Special Legal Labour Relations

Directory of Open Access Journals (Sweden)

Radu Răzvan Popescu

2016-05-01

Full Text Available Objectives The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Prior Work Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. Results An employment contract, however, is unlike most other contracts. Although the parties will have negotiated the main terms, we shall see that a large number of terms will be implied into the agreement from all sorts of different sources and will not have been individually negotiated by the parties at all. This is what makes an employment contr act so different from other contracts. Value We think this article is an important step in the disclosure of the problem eraised by this types of labour performed in different legal labour relations.

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.

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions.

Science.gov (United States)

Dahlin, Moa Kindström; Leviner, Pernilla; Kaldal, Anna; Gumpert, Clara Hellner

2010-01-01

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. Copyright © 2010 Elsevier Ltd. All rights reserved.

Legal Framework for the Regulation of Waste in Nigeria

African Journals Online (AJOL)

FIRST LADY

measures must be nationally and internationally taken to control disposal of such waste to ... legal framework for solving such environmental problems as well as the .... The Federal system under the 1979 constitution expressly or impliedly set out .... and in addition the forfeiture of any aircraft, vehicle or land connected with.

THE PROBLEM OF LEGAL REGULATION OF THE OPERATION OF THE OVER-THE-COUNTER (OTC) CURRENCY MARKET (FOREX) IN UKRAINE AND THE EU

OpenAIRE

Eugene Podorozhnyi; Dmytro Sirokha; Pavlo Komirchyi

2017-01-01

The aim of the article is to evaluate the state of legal institutionalization of the OTC foreign exchange market in Ukraine, as well as its comparison with the foreign experience of legal regulation of OTC currency relations in Ukraine and EU countries. The subject of the study is the legal and administrative framework for the functioning of the OTC currency market (Forex) in Ukraine and in the EU countries. The methodology of the study consists of: historical and legal method, which allowed ...

Theoretical and methodological basis of the comparative historical and legal method development

Directory of Open Access Journals (Sweden)

Д. А. Шигаль

2015-05-01

Full Text Available Problem setting. Development of any scientific method is always both a question of its structural and functional characteristics and place in the system of scientific methods, and a comment as for practicability of such methodological work. This paper attempts to give a detailed response to the major comments and objections arising in respect of the separation as an independent means of special and scientific knowledge of comparative historical and legal method. Recent research and publications analysis. Analyzing research and publications within the theme of the scientific article, it should be noted that attention to methodological issues of both general and legal science at the time was paid by such prominent foreign and domestic scholars as I. D. Andreev, Yu. Ya. Baskin, O. L. Bygych, M. A. Damirli, V. V. Ivanov, I. D. Koval'chenko, V. F. Kolomyitsev, D. V. Lukyanov, L. A. Luts, J. Maida, B. G. Mogilnytsky, N. M. Onishchenko, N. M. Parkhomenko, O. V. Petryshyn, S. P. Pogrebnyak, V. I. Synaisky, V. M. Syryh, O. F. Skakun, A. O. Tille, D. I. Feldman and others. It should be noted that, despite a large number of scientific papers in this field, the interest of research partnership in the methodology of history of state and law science still unfairly remains very low. Paper objective. The purpose of this scientific paper is theoretical and methodological rationale for the need of separation and development of comparative historical and legal method in the form of answers to more common questions and objections that arise in scientific partnership in this regard. Paper main body. Development of comparative historical and legal means of knowledge is quite justified because it meets the requirements of the scientific method efficiency, which criteria are the speed for achieving this goal, ease of use of one or another way of scientific knowledge, universality of research methods, convenience of techniques that are used and so on. Combining the

Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

NARCIS (Netherlands)

Feteris, E.T.

2017-01-01

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

Forfeiture of the profits and proceeds derived from drug trafficking: thoughts on future action in Malaysia.

Science.gov (United States)

Vohrah, K C

1984-01-01

While the Dangerous Drugs Act 1952 of Malaysia has been amended to take into account changing patterns of drug abuse and trafficking, it lacks provisions for the mandatory forfeiture of proceeds derived from drug trafficking. Nor do the general powers of forfeiture in the Criminal Procedure Code of the country extend to such proceeds. To meet further changing patterns of drug trafficking involving criminal syndicate leaders, who rarely incriminate themselves through overt and detectable acts, Malaysia has a bill in Parliament the purpose of which, when it becomes law, is to detain without trial, upon cogent evidence, persons who have been associated with any activity relating to or involving drug trafficking, and to prevent them from further committing drug crimes. In addition, serious thinking has been given to the possibility of adopting, within the constraints of the Malaysian Constitution, a law on forfeiture of the proceeds derived from drug trafficking. There are, in this respect, several problems to be resolved, such as the secrecy of bank accounts and taxpayers' returns, which might make it difficult to trace proceeds and to keep track of tainted money being remitted abroad, although it is believed that such problems could be overcome by domestic measures. A more serious problem is the lack of international co-operation for investigations to be carried out outside national borders to trace, seize, freeze and secure the forfeiture of the proceeds of drug crimes located abroad.

Proceedings of the 4th Radiobiological conference with international participation 2008

International Nuclear Information System (INIS)

Benova, K.; Falis, M.

2008-06-01

Scientific conference deals with problems in radiobiology, photobiology and radio-environmental sciences. The Conference included the following sessions: (i): Radiobiology; (ii) Biology. Proceedings contains thirty-two papers dealing with the scope of INIS

Crossing the line: the legal and ethical problems of foreign surrogacy.

Science.gov (United States)

Gamble, Natalie

2009-08-01

UK law has for many years taken a careful approach to surrogacy, neither banning it nor allowing it to develop unrestrictedly. This careful middle approach seeks to balance permitting what may be a last hope for infertile couples against a wider public policy that bars commercialized reproduction: surrogacy is allowed in the UK, provided it is consensual and involves the payment of no more than reasonable expenses. But in an increasingly globalized world, patients are crossing borders for treatment, often to places where such restrictions on the commerciality or enforceability of surrogacy arrangements do not apply. The resulting conflicts of law can be a minefield, and this makes the maintenance of the UK's careful legal balance increasingly untenable.

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

Proceedings of the Fourth international conference 'Interaction of radiation with solids'

International Nuclear Information System (INIS)

Anishchik, V.M.; Zhukova, S.I.; Azarko, I.I.; Prikhod'ko, Zh.L.

2001-10-01

The 132 collected papers form the Proceedings of the International Conference 'Interaction of Radiation with Solids'. This Conference is the fourth forum biennially gathering in Minsk the specialists from different countries. The scope of the problems considered at the Conference is widening steadily from year to year including the recent results and most advanced leads in the field of radiation physics of condensed matter. In the proceedings consideration is being given to 'Processes of ion interaction with solids', 'Plasma interaction with surface' and 'Radiation effects in solids'

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.

Problems of Legal Regulation of Criminal Responsibility for Illegal Plunder and Circulation of Especially Valuable Strains of Cattle

Directory of Open Access Journals (Sweden)

Bavsun M. V.

2014-10-01

Full Text Available The article deals with the disputable issues in legal regulation of criminal responsibility for plunder and circulation of especially valuable strains of wild cattle, acting as a subject of legal and criminal protection, Art. 258.1 of the RF CC (Criminal Code of the Russian Federation. As a conclusion the author offers the variant of proposals for improvement of legislative construction of the norm considered on the ground of the analysis conducted

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 ...

Methodology in Legal Research

Directory of Open Access Journals (Sweden)

Tom R. Tyler

2017-12-01

Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

The principle of legal certainty in the practice of the European Court of Human Rights and the quality problems of the criminal legislation of Ukraine

Directory of Open Access Journals (Sweden)

М. І. Панов

2015-03-01

Full Text Available The article provides an outline of the principle of «legal certainty» in the practice of the European Court of Human Rights, shows its influence on the quality assurance of national criminal law and the principle of «rule of law» and «law» in judicial practice in criminal cases. It is noted that the category of «quality of the law on criminal responsibility» is closely connected with the principle of «legal certainty», includes a wide range of issues, the most important of which is the problem of the accuracy of criminal law. The content of this multifaceted category in terms of its various aspects: epistemological, logical, linguistic, pragmatic and on this basis are considered essential features and properties of the accuracy of criminal law, a necessary condition for ensuring the quality of the law on criminal responsibility. At the same time found out some shortcomings of the current penal legislation, proposals are being made to eliminate them.

Proceedings of the 18. Stiavnica Days 2017 - Papers

International Nuclear Information System (INIS)

Horvathova, B.

2017-01-01

International scientific conference deals with the following problems: peaceful use of nuclear energy; monitoring of ionizing radiation in the environment; protect people from ionizing radiation; regulation of radon in buildings according to the Directive 2013/59/Euratom and radioactive waste management. The conference was attended by 25 participants. These conference proceedings contain 11 papers.

Environmental penal law. Legal foundations, aspects of administrative law, practical applications. Umweltstrafrecht. Gesetzliche Grundlagen, verwaltungsrechtliche Zusammenhaenge und praktische Anwendung

Energy Technology Data Exchange (ETDEWEB)

Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.)); Moehrenschlager, M. (Bundesministerium der Justiz, Bonn (Germany, F.R.)); Link, W. (eds.)

1989-01-01

The book intends to present the complexity of the penal code pertaining to environmental protection including the law on environmental offences in a way which makes the subject understandable for the reader. It is therefore not limited to the criminal law proper but looks at the administrative background and aspect of legal proceedings under these laws. Each area is dealt with by specialists from science and practice. The book is adressed to the experts in judiciary administration, industry, science and the interested layman. (orig.).

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.

Problems concerning the Federal Government-Laender relationship in nuclear law

International Nuclear Information System (INIS)

Lange, K.

1990-01-01

The Atomic Energy Act is characterized by extremely extensive powers of decision and sole responsibility of the executive. Its profile is determined by discretionary assessment powers in connection with the interpretation of the given preconditions of pertinent legal standards and by judically not verifiable assessment possibilities in connection with legal consequences. In this situation, the authority to instruct, given to the Federal Government within the framework of the execution of Federal laws by Laender according to the instructions of the Federal Government pursuant to section 85 III Basic Law, is of special, far-reaching significance. The article investigates the limitatations of the Federal Government's power to instruct Laender to carry out activities underlying Federal laws: The burden has to be bearable for the Laender, the directions have to be absolutely clear. The fruitlessness of a Federal Government-Laender court case, in which a Land turns to the Federal Constitutional Court because of an instruction which, in the Land's eyes, would lead it to act unlawfully, does not principally exclude a Land from seeking legal protection in the administrative courts of law. It can only be hoped that the Federal Government will make use of its powers to instruct Laender with the necessary sensitivity, also in those cases when Laender, according to an appropriate decision of the Federal Constitutional Court, cannot enforce by legal proceedings the state's obligation to act in line with legal order. (orig./HSCH) [de

Formation of ideal of legal personality

Directory of Open Access Journals (Sweden)

Віта Олександрівна Сліпенчук

2016-01-01

Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

Social Reform Groups and the Legal System: Enforcement Problems. Discussion Paper No. 209-74.

Science.gov (United States)

Handler, Joel F.

During the last two decades, there has been a great increase in the use of litigation by social reform groups. This activity has been stimulated by the hospitality of the courts to the demands of social reform groups and the availability of subsidized young, activist lawyers. The paper examines the uses of the legal system by social reform groups…

Recycling technologies and market opportunities: Proceedings

Energy Technology Data Exchange (ETDEWEB)

Goland, A.N.; Petrakis, L. [eds.

1993-09-20

These proceedings are the result of our collective effort to meet that challenge. They reflect the dedication and commitment of many people in government, academia, the private sector and national laboratories to finding practical solutions to one of the most pressing problems of our time -- how to deal effectively with the growing waste s that is the product of our affluent industrial society. The Conference was successful in providing a clear picture of the scope of the problem and of the great potential that recycling holds for enhancing economic development while at the same time, having a significant positive impact on the waste management problem. That success was due in large measure to the enthusiastic response of our panelists to our invitation to participate and share their expertise with us.

Sexual harassment in the medical profession: legal and ethical responsibilities.

Science.gov (United States)

Mathews, Ben; Bismark, Marie M

2015-08-17

Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible.

On Plagiarism and Power Relations in Legal Academia and Legal Education

Directory of Open Access Journals (Sweden)

Tilen Štajnpihler

2017-12-01

Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

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.

Political and Legal Doctrine of Simon Bolivar

Directory of Open Access Journals (Sweden)

Mixail V. Fedorov

2014-03-01

Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

Multilingualism as a Principle of the EU Court of Justice

Directory of Open Access Journals (Sweden)

Karina Kh. Rekosh

2014-01-01

Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

Proceedings of the DMS medical ethics symposium.

Science.gov (United States)

O'Reilly, D J

2011-12-01

This article presents the proceedings of a symposium on medical ethics held at the Royal Centre for Defence Medicine in October 2010. The nature of current operations continually generates challenging ethical problems, many of which are unique to the military environment. This article is intended to generate a debate on these difficult issues and readers are encouraged to contribute to this debate by emailing the Editor.

Employer Supported Child Care: An Idea Whose Time Has Come. A Conference on Child Care as an Employee Benefit (Costs and Benefits, Successful Programs, Company Options, Current Issues). Conference Proceedings.

Science.gov (United States)

Haiman, Peter, Ed.; Sud, Gian, Ed.

Many aspects of employer-sponsored child care programs--including key issues, costs and benefits, programmatic options, and implementation strategies--are discussed in these conference proceedings. Public policy issues, legal aspects of child care as an employee benefit, tax incentives for corporate child care, and funding sources for child care…

Legal study on water environmental protection of Three Gorges Reservoir Area

Institute of Scientific and Technical Information of China (English)

DENG He

2007-01-01

Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in current legal system for water environmental protection in this area, and also discusses their possible causes and potential problems in the future based on first hand materials and other literature. According to the theories of integrated river basin management and environmental equity principle, legal proposals are put forward, which include building an unitary legal system dedicated to the Reservoir Area, setting up a basin authority of the Yangtze River to preside over the resources protection and development, using interests' compensation system to solve interest conflicts among different reaches, and making concrete regulations to direct public participation in water environmental security protection of the Three Gorges Reservoir Area.

[Patients unable to give consent and without a power of attorney or legal guardian in the geriatric department].

Science.gov (United States)

Schuler, M

2011-10-01

The importance of powers of attorney and legal guardians for patients in hospitals who are unable to make decisions for themselves is growing. Without an authorized person in these cases, treatment and discharge are more difficult. The goal of this study was to describe the problem from the point of view of an acute geriatric department and discuss the problems with respect to duration and expense of hospitalization. In addition, an attempt was undertaken to improve cooperation with the legal authorities in order to reduce the time required to process the request for the appointment of a legal guardian. A total of 24 consecutive patients appointed a legal guardian during their hospitalization were compared with 25 patients after the intervention. Of all patients treated in 2008, 2.1% needed an application for an appointed legal guardian (4.6% in 2009). These patients were more seriously ill and treated longer in the hospital compared to all patients. The intervention reduced the length of stay on average by 2.8 days. Independent risk factors for longer treatment were more seriously ill patients and later submission of the application after admittance to the hospital. For patients above the maximum length of stay, the move to a nursing home and the need of a professional legal guardian prolonged significantly the hospital treatment compared to those below the maximum length of stay. The data demonstrate that the German DRG system does not sufficiently consider the difficult management caused by patients without the ability to give consent to treatment and without a valid power of attorney. The time required until a professional legal guardian is appointed is too long for patients in a hospital. The necessity of a power of attorney has to be promoted more intensely to the public. Currently, the only two ways to minimize the problem is to identify the patients without, but needing a power of attorney as quickly as possible and to remain in close contact with the legal

Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

International Nuclear Information System (INIS)

Lippek, H.E.; Schuller, C.R.

1979-03-01

A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel

Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

Energy Technology Data Exchange (ETDEWEB)

Lippek, H.E.; Schuller, C.R.

1979-03-01

A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel.

Comparison between legal regulations on radiation protection issued by two governmental bodies

International Nuclear Information System (INIS)

Jonchev, L.

1996-01-01

Legal problems evolving from the equivalence of the rights and obligations of two Bulgarian governmental regulatory bodies: the Ministry of Health and the Committee on the Use of Atomic Energy for Peaceful Purposes (CUAEPP) are discussed. The adequate texts in the legal regulations showing some contradictory and conflicting topics are considered. Special attention is paid to the issues of licensing and regulatory responsibilities of both organizations as well as liquidation of accident consequences. Some proposals for elimination of the discrepancies in those documents are given. 8 refs. (author)

A global warming forum: Scientific, economic, and legal overview

International Nuclear Information System (INIS)

Geyer, R.A.

1993-01-01

A Global Warming Forum covers in detail five general subject areas aimed at providing first, the scientific background and technical information available on global warming and second, a study and evaluation of the role of economic, legal, and political considerations in global warming. The five general topic areas discussed are the following: (1) The role of geophysical and geoengineering methods to solve problems related to global climatic change; (2) the role of oceanographic and geochemical methods to provide evidence for global climatic change; (3) the global assessment of greenhouse gas production including the need for additional information; (4) natural resource management needed to provide long-term global energy and agricultural uses; (5) legal, policy, and educational considerations required to properly evaluate global warming proposals

Supersymmetry: proceedings

International Nuclear Information System (INIS)

Brennan, E.C.

1985-07-01

Some lectures in these proceedings examine the theoretical basis for supersymmetry, recent developments in theories with compact dimensions, and experimental searches for supersymmetric signatures. Technologies are explored for obtaining very high energy electron-positron colliding beams. Separate abstracts were prepared for 35 papers in these conference proceedings

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

Supersymmetry: proceedings

Energy Technology Data Exchange (ETDEWEB)

Brennan, E.C. (ed.)

1985-07-01

Some lectures in these proceedings examine the theoretical basis for supersymmetry, recent developments in theories with compact dimensions, and experimental searches for supersymmetric signatures. Technologies are explored for obtaining very high energy electron-positron colliding beams. Separate abstracts were prepared for 35 papers in these conference proceedings. (LEW)

Psychosocial characteristics of adolescent problem gambling

OpenAIRE

Dixon, Ramsay Wright

2017-01-01

Problem gambling among adolescents has emerged as a significant area of research interest. Youth gambling problems are associated with a range of interpersonal, familial, economic, psychological and legal problems. However, because not all adolescents who gamble will develop gambling problems, the research literature has begun to emphasise potential factors that may increase or ameliorate the risk of developing such difficulties. Those characteristics associated with higher levels of severity...

Safeguards and legal matters 1994. International Atomic Energy Agency Publications

International Nuclear Information System (INIS)

1995-01-01

This catalogue lists all sales publications of the International Atomic Energy Agency dealing with Safeguards and Legal Matters issued during the period 1970-1994. Most publications are published in English, through some are also available in French, Russian and Spanish. Proceedings of conferences, symposia and panels of experts may contain some papers in languages other than English (French, Russian or Spanish), but all of these papers have abstracts in English. If publications are also available in other languages than English, this is noted as C for Chinese, F for French, R for Russian and S for Spanish by the relevant ISBN number. It should be noted that prices of books are quoted in Austrian Schillings. The prices do not include local taxes and are subject to change without notice. All books in this catalogue are 16 x 24 cm, paper-bound, unless otherwise stated

Some human-related problems in radiation protection

International Nuclear Information System (INIS)

Yoshizawa, Yasuo

1980-01-01

Radiation protection includes both human and source-related problems. The human problems have not only medical but also social aspects, such as labor management. Special attention should be paid to the fact that the subject of radiation protection is not a human being as living thing but as member of society. ICRP recommended that conditions of work can be divided into two classed, working condition A and B, according to annual exposure. This application is of great value to radiation protection practice. Nevertheless the legal regulations do not adopt it yet. The present condition of the medical surveillance of radiation workers is not appropriate from the scientific standpoint. This is the difficult problem which is caused by the delay of the legal application of ICRP recommendation. Compensation for occupational radiation hazards should be overlooked. This problem have been investigated by an authorized committee, but a number of unsolved problems still remain. (author)

International seminar on structural investigations on pulsed neutron sources. Proceedings

International Nuclear Information System (INIS)

Aksenov, V.L.; Balagurov, A.M.; Taran, Yu.V.

1993-01-01

The proceedings of the International seminar on structural investigations using pulsed neutron sources are presented. The seminar is dedicated to the memory of Dr. Yu.M. Ostanevich, a world acknowledged physicist. The problems of structural analysis using pulsed neutron source at the IBR-2 reactor are discussed

Legality Principle of Crimes and Punishments in Iranian Legal System

Science.gov (United States)

Habibzadeh, Mohammad Ja'far

2006-01-01

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

Proceedings of the 17. Stiavnica Days 2016 - Papers

International Nuclear Information System (INIS)

Horvathova, B.

2016-01-01

Scientific conference deals with the following problems: peaceful use of nuclear energy, monitoring of ionizing radiation in the environment, protection of people from ionizing radiation, regulation of radon in buildings according to the Directive 2013/59/Euratom and radioactive waste management. These conference proceedings contains 7 papers and summaries, sixth presentations and two posters which were published on the DVD-Rom.

Prerequisites for Correctness in Legal Argumentation

OpenAIRE

Mackuvienė, Eglė

2011-01-01

A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

Problems arising in connection with the commissioning of experts in conflict-oriented implementation of nuclear law. The legal status of expert opinions in administrative procedures under the Atomic Energy Act

International Nuclear Information System (INIS)

Fiebig, T.H.

1995-01-01

Court decisions available so far do not primarily consider the problems linked to the commissioning of an expert and his mandate, as well as the legal status of the commissioning of an expert as an administrative act which might be legally contestable. Thus there are at present no court decisions that would create legal certainty in matters of the act of commissioning a nuclear expert opinion. The current legal situation is such that an independent order for commissioning of an expert opinion in compliance with section 19 III AtG (Atomic Energy Act), which in general is given in response to the refusal of the facility operator to do so, can be independently contested on the basis of section 44 a, sentence 2 VwGO (Rules of Administrative Courts). The current practice of conflict-oriented, or nuclear power phase-out-oriented, implementation of the nuclear law poses a threat to our constitutional state and to our democracy. The supply of energy as a common good is of essential importance and thus deserves fair and objective treatment free of emotions, including the matter of nuclear energy. In cases of nuclear licensing procedures meeting with impedimental treatment by a Land government favouring the nuclear power phase-out, this treatment however not fitting into the Land governments' overall political line, there is reason to call upon the Federal Government to take action for clarifying the situation. (orig./HP) [de

[Forensic age determination in living individuals at the Institute of Legal Medicine in Berlin (Charité): analysis of the expert reports from 2001 to 2007].

Science.gov (United States)

Schmidt, Sven; Knüfermann, Raidun; Tsokos, Michael; Schmeling, Andreas

2009-01-01

The analysis included the age reports provided by the Institute of Legal Medicine in Berlin (Charité) in the period from 2001 to 2007. A total of 416 age estimations were carried out, 289 in criminal and 127 in civil proceedings. 357 of the examined individuals were male, 59 were female. The vast majority of the individuals came from Vietnam. In 112 cases, there were no deviations between the indicated age and the estimated minimum age, while the actual age of the individuals was partly clearly above the estimated age. In 300 cases, there were discrepancies of up to 11 years between the indicated age and the estimated age. The study demonstrates that forensic age estimation in living individuals can make an important contribution to legal certainty.

Legality in multiple legal orders

NARCIS (Netherlands)

Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

2010-01-01

This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

Proceedings of the switched power workshop

International Nuclear Information System (INIS)

Fernow, R.C.

1988-01-01

These proceedings contain most of the presentations given at a workshop on the current state of research in techniques for switched power acceleration. The proceedings are divided, as was the workshop itself, into two parts. Part 1, contains the latest results from a number of groups active in switched power research. The major topic here is a method for switching externally supplied power onto a transmission line. Advocates for vacuum photodiode switching, solid state switching, gas switching, and synthetic pulse generation are all presented. Other important areas of research described in this section concern: external electrical and laser pulsing systems; the properties of the created electromagnetic pulse; structures used for transporting the electromagnetic pulse to the region where the electron beam is located; and possible applications. Part 2 of the proceedings considers the problem of designing a high brightness electron gun using switched power as the power source. This is an important first step in demonstrating the usefulness of switched power techniques for accelerator physics. In addition such a gun could have immediate practical importance for advanced acceleration studies since the brightness could exceed that of present sources by several orders of magnitude. I would like to take this opportunity to thank Kathleen Tuohy and Patricia Tuttle for their assistance in organizing and running the workshop. Their tireless efforts contribute greatly to a very productive meeting

The clinical management of diabetic foot in the elderly and medico-legal implications.

Science.gov (United States)

Terranova, Claudio; Bruttocao, Andrea

2013-10-01

Diabetic foot is a complex and challenging pathological state, characterized by high complexity of management, morbidity and mortality. The elderly present peculiar problems which interfere on one hand with the patient's compliance and on the other with their diagnostic-therapeutic management. Difficult clinical management may result in medico-legal problems, with criminal and civil consequences. In this context, the authors present a review of the literature, analysing aspects concerning the diagnosis and treatment of diabetic foot in the elderly which may turn out to be a source of professional responsibility. Analysis of these aspects provides an opportunity to discuss elements important not only for clinicians and medical workers but also experts (judges, lawyers, medico-legal experts) who must evaluate hypotheses of professional responsibility concerning diabetic foot in the elderly.

Do undocumented migrants earn lower wages than legal immigrants? New evidence from Mexico.

Science.gov (United States)

Massey, D S

1987-01-01

"This article examines the extent to which undocumented status lowers wage rates among immigrants to the United States from four Mexican communities. Regression equations were estimated to determine the effect of legal status on wages independent of other demographic, social and economic variables, and special efforts were made to control for possible sample selection biases. Findings suggest that the data are relatively free from selectivity problems that have characterized earlier studies, and that legal status had no direct effect on wage rates earned by male migrants from the four communities. Legal status also had little effect on the kind of job that migrants take in the United States, but it does play an important indirect role in determining the length of time that migrants stay in that country. By reducing the duration of stay, illegal status lowers the amount of employer-specific capital accruing to undocumented migrants, and thereby lowers wage rates relative to legal migrants." Data are for 1982-1983. excerpt

The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

Directory of Open Access Journals (Sweden)

Bilal Dewansyah

2015-08-01

Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

Náklady civilního procesu se zaměřením na odměnu za zastupování advokátem a advokátem jako opatrovníkem

OpenAIRE

Alexander, Eva

2015-01-01

Title: Cost of civil judicial proceedings with particular focus on attorneys' fees Author: Mgr. Eva Alexander Chair: Civil Law Date (final draft): 30 June 2014 Key words: costs of legal proceedings, reimbursement of legal fees, small claims The thesis analyzes the Czech legal rules relating to the costs of civil judicial proceedings, in particular the attorneys' fees. In the first part, the costs of civil judicial proceedings are described in general, including out-of-pocket expenses of parti...

The legacy of legal culture and Serbia's European integration

Directory of Open Access Journals (Sweden)

Kovačević Slaviša

2014-01-01

the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous

Introduction: Legal Education in Central and Eastern Europe. Challenges and Prospects

Directory of Open Access Journals (Sweden)

Antal Szerletics

2017-12-01

Full Text Available Legal education in Central and Eastern Europe is often criticised for its inefficiency, outdated models of teaching, discrepancy between market needs and educational offer, strong power relations within institutions or distorted professional ethos of academics. Many of the institutional problems seem to stem from the peculiar historical past of the region, including the socialist heritage of higher education. Law is a particularly sensitive discipline in this respect as its education was – and arguably, has still remained – deeply overpoliticized. Although direct political influence ceased after the political transition in 1989, the professional ethos and the power relations of legal academia have hardly changed in the last twenty years. The papers gathered in the OSLS monographic issue Legal Education in Central and Eastern Europe. Challenges and Prospects discuss these problems of legal education and propose alternative solutions, which could bring about a change in the field. La educación jurídica de Europa central y oriental es objeto de crítica por su ineficiencia, sus modelos obsoletos de enseñanza, su discrepancia con respecto a las demandas del mercado, las fuertes relaciones de poder en las instituciones y la distorsionada ética profesional de los académicos. Muchos de los problemas institucionales parecen provenir del pasado histórico de la región, incluida la herencia socialista en la educación superior. El Derecho es una disciplina especialmente delicada a este respecto, ya que su enseñanza ha estado -y, probablemente, sigue estando- profundamente politizada. A pesar de la transición política de 1989, la ética profesional y las relaciones de poder que rigen el estrato académico apenas han cambiado en los últimos veinte años. Los artículos reunidos en el monográfico Legal Education in Central and Eastern Europe. Challenges and Prospects analizan los problemas de la enseñanza del Derecho y proponen soluciones

Zajištění a vymáhání pohledávek z obchodně-právních vztahů

OpenAIRE

Geržová, Pavla

2012-01-01

The thesis deals with the debt security and recovery from business relations. The main purpose was to explain the issue of debts, to compare classic judicial proceedings with arbitration and to analyse particular legal cases of the company XY in terms of security and recovery. The result is the evaluation of company's legal steps and efficiency of used security instruments, the summary of advantages and disadvantages of the arbitration and the overview of the most frequent practical problems ...

Two conceptions of legal principles

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Spaić Bojan

2017-01-01

Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

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Natalia Saitarli

2015-08-01

Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

LEVELING THE UNLEVELED? Syariah Advocates’ Struggle for Equality in Indonesian Legal Pluralism

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Ratno Lukito

2011-02-01

Full Text Available One of the ongoing problems faced by many Syariah advocates in Indonesia is how they can maintain their important role in the practice of law in the midst of the domination of common advocates. They are always trapped in double burden in concern of their position. On one side, they are challenged with the long historical inequality of educational access between religious (Islamic groups and secular groups, while on the other, they have to deal with the problem of being part of Muslim society with a legal culture where Islamic  law is commonly viewed as irreconcilable with secular legal traditions. This paper specifically discusses the role played by the Association of Indonesian Syariah Advocates (Asosiasi Pengacara Syariah Indonesia, APSI in their struggle to assert equality between Syariah advocates and common advocates. It shows that although APSI has successfully attracted attention from the state and public in general, the interest shown by Syariah faculties remains even relatively low. Embedded traditional culture of studying Islamic law in many Syariah faculties seems to have influenced their attention towards APSI. Yet, with inclusive approaches in expanding the institution, APSI can attract many advocates, not only from Muslim law graduates but from those of non-Muslims as well. Keywords: Syariah Lawyers, APSI, Legal Pluralism

Legal nature of affatomia

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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

Legal Institutions and Economic Development

NARCIS (Netherlands)

Beck, T.H.L.

2010-01-01

Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

Medico-legal and legal-penal aspects of expert opinions and adjudication in cases of intoxications with intoxicating agents and ethanol-like intoxicants

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Monika Ćwiklińska

2015-08-01

Full Text Available Introduction: The available legal regulations in Poland do not define the concentration thresholds enabling to differentiate between the states of “after-use” versus “under the influence” of a drug, as it is in the case of alcohol. The aim of the study was to analyse jurisdiction in cases regarding the evaluation of the effects of intoxicating agents and ethanol-like intoxicants and to identify ambiguities and gaps in the applicable regulations leading to problems in preparing expert opinions. Material and methods: The material included the opinions of experts in the field of toxicology and forensic medicine made by the Department of Forensic Medicine in Lublin in the years 2009–2011 and records obtained in the process of inquiry from the regional prosecutor’s offices and courts in 52 cases. Results : Amongst 52 cases in which the ordered toxicology examinations demonstrated the presence of intoxicating agents in drivers’ blood (tetrahydrocannabinols in 39 and amphetamine in 21 cases in 2 cases petty offence proceedings were instituted (Art. 87 of the Petty Offence Code although high concentrations of xenobiotics indicated the state of being “under the influence” of a narcotic drug (Art. 178a of the Penal Code. Three cases were discontinued despite expert opinions that the drivers were at least in the after-narcotic use state. In only 3 cases were witnesses asked to provide testimony about the circumstances of the driver’s conduct. Conclusions : The analysis has demonstrated that judicial bodies expect forensic expertise based exclusively on toxicological examination results; when expert findings are inconclusive, they only administer litigations opportunistically applying the principle of the presumption of innocence understood literally. Considering the above, threshold values of “use” and “influence” of the most commonly detected drugs should be urgently determined.

USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

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EMILIAN CIONGARU

2013-05-01

Full Text Available In the broad sense, the concept of law is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New Civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations, so the broad interpretation of the rules of civil law is made, in the cases which are not covered by the law, only if such an interpretation is not contrary to the usages. An analysis and understanding of the juridical status of usages representing: the customs and the local habits which is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law.

Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

Science.gov (United States)

Breland, Hunter M.; Hart, Frederick M.

This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

Proceedings: Power Plant Electric Auxiliary Systems Workshop

International Nuclear Information System (INIS)

1992-06-01

The EPRI Power Plant Electric Auxiliary Systems Workshop, held April 24--25, 1991, in Princeton, New Jersey, brought together utilities, architect/engineers, and equipment suppliers to discuss common problems with power plant auxiliary systems. Workshop participants presented papers on monitoring, identifying, and solving problems with auxiliary systems. Panel discussions focused on improving systems and existing and future plants. The solutions presented to common auxiliary system problems focused on practical ideas that can enhance plant availability, reduce maintenance costs, and simplify the engineering process. The 13 papers in these proceedings include: Tutorials on auxiliary electrical systems and motors; descriptions of evaluations, software development, and new technologies used recently by electric utilities; an analysis of historical performance losses caused by power plant auxiliary systems; innovative design concepts for improving auxiliary system performance in future power plants

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.

Datafication of Automated (Legal) Decisions

DEFF Research Database (Denmark)

Schaumburg-Müller, Sten

Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) 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...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

Problems of realization of the rights of victims of crimes to compensation by the state

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Н. А. Хмельова

2015-05-01

Full Text Available Problem setting: consider the problems of realization of the rights of victims of crime persons to compensation by the State under the laws of Ukraine. To analyze the current civil legislation of Ukraine, to consider the legislation of the countries in terms of state compensation for damages caused to the victim crime. Suggest a mechanism to implement them. Recent research and publications analysis: some aspects of state compensation for harm caused to the victim crime investigated by many scientists. Thus, O. Vedernikova, O. Kuchinska, A. Mazalov, V. Sawickiy in his scientific studies have concentrated on the investigation of the creation of a state fund damages caused offense. R. Abramovich’s work explored the issue of compensation to the victim harm caused by crime as a legal obligation of the State on the basis of mutual responsibility of the citizen to the state and the state before a national. D. Plachkov investigated features of state obligations arising from causing offense, the specific legal solution of the relations in Ukraine. Paper objective: identifying challenges the rights of victims of crime persons to compensation by the state will set features the state’s obligations arising from causing crime and identify ways to improve the legal regulation of the relations in Ukraine. Paper main body: the current civil legislation of Ukraine stipulates the right of victims of criminal offenses on the restoration of rights violations. But there are cases where recovery is impossible. The reasons for this is that, first, is guilty of a criminal offense a person is insolvent, and the actual recovery of funds it usually extends over many years and is irregular. Secondly, the problem relates stopped criminal proceedings in which a person has committed a criminal offense is not established and the victim is deprived of right to file a civil action. Thirdly, the remedy is not possible victims in unsolved criminal offenses, such as when a

Proceedings of the International topical meeting on VVER instrumentation and control

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-12-31

The Proceedings contain the full texts of 44 contributions, out of which 42 have been input to INIS. The papers cover various aspects of WWER instrumentation and control including reactor upgrading and modernization, testing and refurbishment of instrumentation, and operational experience and problems. (A.K.).

Proceedings of the International topical meeting on VVER instrumentation and control

International Nuclear Information System (INIS)

1997-11-01

The Proceedings contain the full texts of 44 contributions, out of which 42 have been input to INIS. The papers cover various aspects of WWER instrumentation and control including reactor upgrading and modernization, testing and refurbishment of instrumentation, and operational experience and problems. (A.K.)

The legal reasoning skills. Theoretical considerations

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Lisett D. Páez Cuba

2014-06-01

Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

Problems of nuclear reactor safety. Vol. 1

International Nuclear Information System (INIS)

Shal'nov, A.V.

1995-01-01

Proceedings of the 9. Topical Meeting 'Problems of nuclear reactor safety' are presented. Papers include results of studies and developments associated with methods of calculation and complex computerized simulation for stationary and transient processes in nuclear power plants. Main problems of reactor safety are discussed as well as rector accidents on operating NPP's are analyzed

To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

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Natalia Kashtanova

2017-01-01

Full Text Available The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory,imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws

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

Code of Ethics in a Multicultural Company and its Legal Context

Science.gov (United States)

Odlerová, Eva; Ďurišová, Jaroslava; Šramel, Bystrík

2012-12-01

The entry of foreign investors and simultaneous expansion of different national cultures, religions, rules, moral and ethical standards is bringing up problems of cooperation and coexistence of different nationalities, ethnicities and cultures. Working in an international environment therefore requires adaptation to a variety of economic, political, legal, technical, social, cultural and historical conditions. One possible solution is to define a code of ethics, guidelines which find enough common moral principles, which can become the basis for the adoption of general ethical standards, while respecting national, cultural differences and practices. In this article, the authors pay attention not only to the analysis of the common ethical rules in a multicultural company, but also to the legal aspects of codes of ethics. Each code of ethics is a set of standards, which, like the legal norms, regulate the behaviour of individuals. These standards, however, must simultaneously meet certain statutory criteria that define the boundaries of regulation of employee’s behaviour.

Legal standards concerning health and ecological implications of radioactively contaminated environments

International Nuclear Information System (INIS)

Dorian, T.F.

1991-01-01

The author decided to explore legal standards in this paper because they are to only norms but also representations or levels of requirements, excellence or attainment. They thus present a way to look at things, to measure them against others, and to set goals for them. In other words, legal standards, whether in legislation are a part of agency requirements, set goals for getting the job done and then can be used as measures about whether or not it is getting done right. When dealing with the multifaceted problems before us, it is important to put it into perspective. We need to look at it from many points of view but with a stable focus-just as one looks through a microscope or a telescope with different magnifications and fields of vision. To have a point of vie, however, both the experts and the general public need to have some way to judge issues. One way they can do so is to use legal standards

Radiation Hygiene Days 1998. Conference Proceedings of the 21-st Radiation Hygiene Days

Energy Technology Data Exchange (ETDEWEB)

Cabanekova, H; Durcik, M; Nikodemova, D [eds.; Institute of Preventive and Clinical Medicine, Bratislava (Slovakia)

1999-12-31

The publication has been set up as a proceedings of the conference dealing with health protection during work with ionizing radiation for different activities which involve the handling of ionizing radiation sources. The main conference topics are focused on current problems in radiation protection. The proceedings consists of a following sections: (1) Radiation protection - new trends, legislation; (2) Nuclear energetics; (3) Expositions of ionizing radiation in medicine; (4) Ionizing radiation in environment and working conditions; (5) Radon in environment and working conditions. (J.K.)

Radiation Hygiene Days 1998. Conference Proceedings of the 21-st Radiation Hygiene Days

International Nuclear Information System (INIS)

Cabanekova, H.; Durcik, M.; Nikodemova, D.

1998-01-01

The publication has been set up as a proceedings of the conference dealing with health protection during work with ionizing radiation for different activities which involve the handling of ionizing radiation sources. The main conference topics are focused on current problems in radiation protection. The proceedings consists of a following sections: (1) Radiation protection - new trends, legislation; (2) Nuclear energetics; (3) Expositions of ionizing radiation in medicine; (4) Ionizing radiation in environment and working conditions; (5) Radon in environment and working conditions. (J.K.)

Proceedings of the Third international conference 'Interaction of radiation with solids'. Part 2

International Nuclear Information System (INIS)

Anishchik, V.M.; Zhukova, S.I.; Ponaryadov, V.V.; Popok, V.N.; Prikhod'ko, Zh.L.

1999-10-01

The 128 collected papers form the Proceedings of the International Conference 'Interaction of Radiation with Solids'. This Conference is the third forum biennially gathering in Minsk the specialists from different countries. The scope of the problems considered at the Conference is widening steadily from year to year including the recent results and most advanced leads in the field of radiation physics of condensed matter. In the second part of the proceedings consideration is being given to 'Properties modification of materials ' and 'Equipment and technologies'

Legal framework for a nuclear program

International Nuclear Information System (INIS)

Santos, A. de los; Corretjer, L.

1977-01-01

Introduction of a nuclear program requires the establishment of an adequate legal framework as solutions to the problems posed by the use of nuclear energy are not included in Common Law. As far as Spain is concerned, legislation is capable of dealing with the main problems posed in this field. Spain is a Contracting Party in several International Conventions and participates in International Organizations related to this area and takes their recommendations into account when revising its national legislation. Specific Spanish legislation is constituted by Law 25/1964, of April 29th, on Nuclear Energy, which outlines the legal system regarding nuclear energy, and regulates all aspects which refer to same, from the competent organisms and authorities to the sanctions to be imposed for non-fulfilment of the provisions. In order to offer sufficient flexibility, so that it can be adapted to specific circumstances, the Law's provisions are very ample and development is foreseen by means of regulations. So far, two Regulations have been published: Regulation relating to Coverage of Risk of Nuclear Damage, which refers to Civil Responsibility and its Coverage; and Regulation relating to Nuclear and Radioactive Installations, which refers to the authorization and license system. At the present time, the Regulation relating to Radiation Protection is being elaborated and it will replace the present Radiation Protection Ordinances. In addition to the foregoing, reference is made to others which, although they are not specifically ''nuclear'', they include precepts related to this question, such as the Regulation regarding Nuisance, Unhealthy or Dangerous Industries or some Labor Law provisions [es

The Mentally Retarded Offender and Corrections.

Science.gov (United States)

Santamour, Miles; West, Bernadette

The booklet provides an overview of the issues involved in correctional rehabilitation for the mentally retarded offender. Reviewed are clinical and legal definitions of criminal behavior and retardation, and discussed are such issues as law enforcement and court proceedings problems, pros and cons of special facilities, labeling, normalization,…

Mob justice as an emerging medico-legal, social and public health ...

African Journals Online (AJOL)

Background: Mob-justice poses a medico-legal, social and public health problem in most developing countries including Tanzania and has shown to have negative effects on social and health of the country, communities, and families. This study was conducted to analyze the mob-justice situation in north-western Tanzania ...

The legal nature of the contract currency bank account

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