WorldWideScience

Sample records for legal problems proceedings

  1. Legal regulations for handling mass proceedings

    International Nuclear Information System (INIS)

    Kopp, F.

    1980-01-01

    The author explains legal regulations to be found in administrative law and in the drafted version of rules of administrative procedures on the calling-in of third parties, on common attorneys, on the publication of service etc. and on other simplifications of proceedings with the aim to make mass proceedings administerable. As a result, the author considers these special regulations to be largely dispensable and risky with regard to constitutional law. An extension of constitutional guarantees pertaining to administrative procedures is necessary in order not to overburden Courts by tasks which may be fulfilled in a better way by federal agencies. The solution is to be found in substantive law: if necessary by admitting the so-called participation of associations or, even better, by introducing an agent safeguarding public interests in administrative procedures. (HSCH) [de

  2. 17 CFR 1.60 - Pending legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a) Every... section to be submitted to the Commission as to matters pending on the effective date of the section (May...

  3. The role of financial intermediaries in the legalization of proceeds from crime

    Directory of Open Access Journals (Sweden)

    Gobrusenko K. I.

    2017-12-01

    Full Text Available the article is about the problem of the participation of professional financial intermediaries in the legalization (laundering of proceeds from crime, and considers legislative measures of regulating the activity of such intermediaries and methods for identifying organizations that laundering money on a professional basis.

  4. Legal problems brought about by technological progress

    International Nuclear Information System (INIS)

    1986-01-01

    In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de

  5. Legal problems of nuclear fuel reprocessing

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1987-01-01

    The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

  6. 78 FR 27341 - Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts

    Science.gov (United States)

    2013-05-10

    ... over criminal proceedings; affording the defendant the right to effective assistance of counsel and, if... Criminal Proceedings in Tribal Courts AGENCY: Legal Services Corporation. ACTION: Request for information... funds to be used by grantees to represent eligible persons in any and all criminal proceedings in tribal...

  7. 20 CFR 403.100 - When can an SSA employee testify or produce information or records in legal proceedings?

    Science.gov (United States)

    2010-04-01

    ... information or records in legal proceedings? 403.100 Section 403.100 Employees' Benefits SOCIAL SECURITY ADMINISTRATION TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND INFORMATION IN LEGAL PROCEEDINGS § 403.100 When can an SSA employee testify or produce information or records in legal proceedings? An SSA...

  8. Women’s disengagement from legal proceedings for intimate partner violence: Sociodemographic and psychological variables

    Directory of Open Access Journals (Sweden)

    María Jesús Cala

    2016-01-01

    Full Text Available The aim of this study is to shed light on what makes women decide whether or not to continue with legal proceedings for intimate partner violence once they have commenced. Legal professionals, members of the police force, and women in Spain were interviewed to help draft a questionnaire that was applied to a sample of 345 women who had undertaken legal proceedings against their (expartners. Socio-demographic, emotional, and psychological variables were considered as possible predictor variables and included in a logistic regression analysis. Results show that the best equation for predicting disengagement from legal procedures includes the level of support received by the victim, contact with the aggressor, thoughts about going back with the aggressor, and a feeling of guilt. The essential role of the psychological support during the legal process is emphasized in conclusions

  9. 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

  10. Comprehensive legal aid to the participants in criminal proceedings when applying security measures

    Directory of Open Access Journals (Sweden)

    Fadeev P.V.

    2014-12-01

    Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.

  11. [The dignity of the patient: a legal problem?].

    Science.gov (United States)

    Schultz, H

    1980-11-01

    Rules of medical ethic bid since the times of antiquity to respect the patients dignity. Today to respect the dignity of any man is a general legal rule. In the same way other rules of the traditional medical ethic became legal norms as for instance the command forbidding to do harm to someone. The law intends to limit the possibilities to exercise power. Therefore it does not compete to the doctor alone to decide that a medical treatment has to be applied. The legal base of a medical treatment lies in the consent of the patient who has been duly cleared up on his state, the necessary treatment and its risks. If it has to be decided if a doctor has given the right treatment in a special case it does not suffice to consult the general rules of the law; the circumstances of the case have to be considered as well. The doctor has to decide, according to the actual medical knowledge and the rules of his professional art what the appropriate proceeding is. Legal and medical considerations are closely connected if one judges a doctor handling a special case. If the patient consents, the doctor is not obliged to treat him, but he is entitled to do it, cases of emergency excepted. If and in what way he treats the patient has to be decided by the doctor according to medical criterias. If a patient, sound of mind, who is suffering heavily by an incurable illness asks the doctor to restrain treatment to alleviating the pains and to the absolute cares to preserve life, the doctor is bound by his patient's wish. In analogy the legal construct of "conducting business without mandate" allows the doctor to proceed in the same way if the patient who lost consciousness is not able to decide upon the treatment and whose death is inevitable and imminent if this is the only wise to respect the dignity of the patient.

  12. 78 FR 72850 - Production of Nonpublic Records and Testimony of OPIC Employees in Legal Proceedings

    Science.gov (United States)

    2013-12-04

    ... of Nonpublic Records and Testimony of OPIC Employees in Legal Proceedings AGENCY: Overseas Private...; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United State based companies to compete with...

  13. 78 FR 9336 - Production of FHFA Records, Information, and Employee Testimony in Legal Proceedings

    Science.gov (United States)

    2013-02-08

    ... timely notice and centralized, objective decision making. The United States Supreme Court upheld this..., Information, and Employee Testimony in Legal Proceedings AGENCY: Federal Housing Finance Agency. ACTION... (FHFA) proposes a regulation governing the production of FHFA records, information or employee testimony...

  14. 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)

  15. 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

  16. 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)

  17. Legal Nature of Criminal Proceedings Regarding the Length of the Appeal

    Directory of Open Access Journals (Sweden)

    Constantin Tanase

    2016-05-01

    Full Text Available The appeal regarding length of criminal proceedings represents a new institution of Romanian criminal procedure system, born from the need to align the procedural rules to the constitutional requirements and other internal rules, but especially from the need for harmonization with European Community rules, namely the Convention for the Protection of Human Rights and Fundamental Freedoms. To the same extent, it was aimed at forming a legal institution in line with the jurisprudence of the European Court of Human Rights. The new institution has its registered matter in art. 4881-4886 Criminal Procedure Code., Introduced by Law implementing the Code under Title IV – “Special Procedures” which recommends it from the beginning as a derogation from the common procedure. Nevertheless, given the position of remedy for excessive and unjustified extension of the criminal proceedings, as well as the judicial review, which it triggers in this regard, it raises the question of the legal nature of the appeal regarding the length of criminal proceedings. The answer to this question may affect the correct application of the institution and the improvement of judicial practice.

  18. Environmental data quality problems: ''Technical'' vs. ''legal'' defensibility

    International Nuclear Information System (INIS)

    Luker, R.S.; Brooks, M.C.; Stagg, D.D.

    1995-01-01

    Two significant aspects of environmental data quality are currently being emphasized throughout the industry as critical precursors to environmental decision making: technical integrity and legal defensibility. Because audit findings and consequent perceptions by a client often pose more questions than answers--especially with respect to the ''systemic'' nature and significance of problems based on nonstatistical, ad hoc sampling of large programs--quality assurance in environmental restoration must do more than implement traditional administrative controls. A major problem persists in achieving a consensus opinion between quality assurance and technical staff on the significance of various data problems. This case study compares and contrasts ''technical integrity'' and ''legal defensibility'', and provides performance measures developed to optimize both components in a large, complex DOE environmental restoration program. Performance measures of both administrative and technical processes are being used to ensure that conclusions drawn concerning ''systematic'' problems are not premature, and are founded on thorough, representative aspects of the program. Improved methods to reach consensus opinions on environmental decision-making are imperative and environmental data quality, the cornerstone on which the decisions are built, must be not only scientifically solid, but perceived as solid, if stakeholders are to be satisfied

  19. Delivering social work services in collaboration with the legal representation for individual clients: An effective, ethical and economical approach to supporting families in child abuse and neglect legal proceedings.

    Science.gov (United States)

    Pott, Robbin

    2017-11-01

    This article discusses the need to improve the quality of helping relationships between families and social workers in the child protection system and the growing body of evidence that teams of social workers and lawyers are effective at improving outcomes in child protection legal proceedings. The author presents an alternative structure of delivering social work services within the child protection systems once a court gets involved with a family, proposing that social workers should focus on individual clients in collaboration with their legal representation, rather than the traditional model of a governmental agency social worker serving the family as a unit as it also determines placement of the children. Pairing the social worker to an individual client in tandem with their legal representative would help resolve the widely observed relationship problems between service users and governmental agency social workers that include the power imbalance created by the agency's authority to determine placement of children, the conflicts of interest that agency workers face when required to manage differing family members' needs, and the lack of protection of the due process right of confidentiality for parties involved in legal proceedings. This alternative structure also impacts the need to use resources more efficiently and has been demonstrated to result in substantial returns on investment. This article concludes that when a family becomes involved in child abuse and neglect legal proceedings, the child welfare agency should shift the delivery of social work services to the individual parties, away from the governmental agency and in conjunction with their legal representation. Copyright © 2017 Elsevier Ltd. All rights reserved.

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

    Energy Technology Data Exchange (ETDEWEB)

    Gulson, Brian, E-mail: brian.gulson@mq.edu.au [Graduate School of the Environment, Faculty of Science, Macquarie University, Sydney, NSW 2109 (Australia); CSIRO Earth Science and Resource Engineering North Ryde, NSW 1670 (Australia); Korsch, Michael [CSIRO Earth Science and Resource Engineering North Ryde, NSW 1670 (Australia); Winchester, Wayne; Devenish, Matthew; Hobbs, Thad [Esperance Cleanup and Recovery Project, Western Australia (WA) Department of Transport, Esperance 6450 (Australia); Main, Cleve; Smith, Gerard [Animal Health Laboratory, Department of Agriculture and Food, Perth 6151, WA (Australia); Rosman, Kevin; Howearth, Lynette; Burn-Nunes, Laurie [Curtin University, Department of Imaging and Applied Physics, Bentley 6102, WA (Australia); Seow, Jimmy; Oxford, Cameron [Department of Environment and Conservation, Booragoon 6154, WA (Australia); Yun, Gracie; Gillam, Lindsay [Department of Health, East Perth 6004, WA (Australia); Crisp, Michelle [LED (Locals for Esperance Development), Esperance 6450, WA (Australia)

    2012-01-15

    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. - Highlights: Black-Right-Pointing-Triangle Lead carbonate concentrate. Black-Right-Pointing-Triangle Successful use of Pb isotopes in identifying sources of Pb arising from transport and shipping. Black-Right-Pointing-Triangle Use of Pb isotopes in legal proceedings and their use in cleanup of residences. Black

  1. Proceedings of the national workshop on radiation safety and the Nigerian legal system

    International Nuclear Information System (INIS)

    Mallam, S.P.; Elegba, S.B.; Maiyaki, M.C.

    1996-01-01

    This volume is the proceedings of the National Workshop on Radiation Safety and the Nigeria Legal System held at The Centre for Energy Research and Training, Ahmadu Bello University Zaria from 7 - 9 June, 1995. The Sole aim of the workshop was to encourage the Federal Government of Nigeria to promulgate the Decree on Nuclear Safety and Radiation Protection. The focal point of the workshop was the presentation of the various peaceful applications of nuclear energy in the national economy, albeit without any legal backing. Thus there were presentations from legal practitioners. Particular consideration was given to contribution from the Agency which dealt in great details with both the legal and infra structural requirements for nuclear safety and radiation protection. Presentation by the ministry of Foreign Affairs, Federal Ministry of Health and the Federal Environmental Protection Agency underscored the multi-sectoral and multi-dimensional nature of the concern. This volume contains the full text of 11 technical papers and also speeches by invited dignitaries presented at the workshop. The papers were fully discussed during the workshop. The organizing committee wishes to thank all authors for their presentation and cooperation in submitting manuscript promptly and the participants for there excellent contribution during the workshop

  2. 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.

  3. 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

  4. Municipal Level of Strategic Planning: Economic and Legal Problems

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

  6. Public utilities and the public interest - raising and acknowledging this claim in proceedings concerning provisional legal protection

    International Nuclear Information System (INIS)

    Fischerhof, H.

    1976-01-01

    The following can be said of appeal proceedings against provisionally granted legal protection as claimed according to section 5 article 80 VwGO, the public utilities attending the proceedings, but not the licensing authority, being in the position to file this appeal: 1) The licensing authority takes part in the appeal proceedings and has the right to be heard. The licensing authority can also continue to act in the public interest in order to maintain the ordinances it issued, ordinances which were ordered to take immediate effect with public interest in mind. 2) The court of appeal has to examine the factual and the legal aspects of the previous instance's decision. 3) The public utility as the complainant can, within the framework of its official duties, combine the public interest with its own interests. (orig./HP) [de

  7. 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

  8. 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)

  9. 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...

  10. 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.

  11. 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)

  12. 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.

  13. 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…

  14. 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)

  15. 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)…

  16. 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.

  17. 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

  18. 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)

  19. 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)

  20. 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)

  1. 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

  2. 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

  3. 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.

  4. 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

  5. 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)

  6. Taking Tax Revenues Over Local Governments – Some Legal Problems

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2014-09-01

    Full Text Available The power of local government to take over the taxes can lead to conflicts between the local government and another local government (in whose area the property, the building, the plant, the residence and another taxable objects are located. These conflicts are not a matter of relation: the tax authority – the taxpayer. These problems concern the determination which of the local government has the power to take over the tax.

  7. 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)

  8. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  10. 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...

  11. 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

  12. 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.

  13. 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.

  14. 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

  15. 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)

  16. [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.

  17. 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)

  18. 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.

  19. 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...

  20. 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)

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

    Directory of Open Access Journals (Sweden)

    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.

  2. Legal aspects of the crimes committed in insolvency proceedings – comparison of Czech and Austrian legislation

    Directory of Open Access Journals (Sweden)

    Marta Uhlířová

    2013-01-01

    Full Text Available The subject of this paper is to compare the Czech and Austrian legislation considering offenses which entrepreneurs and other entities (natural person may commit within the insolvency proceedings or which are related to the insolvency. Emphasis is placed on the comparison of Czech and Austrian legislation with regard cross-border relationships within the business environment and living between the Czech Republic and Austria.Czech entrepreneurs and natural person in Austria can get into a situation where their debtor is located in Austria and finds himself insolvent or vice versa. Also the Czech entrepreneurs and natural person may do their bussines or live in Austria and may get into such a situation when they are close to the situation which can lead to their decline. This paper would be for them a practical recommendation on how to avoid potential criminal liability.

  3. 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.)

  4. 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…

  5. 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 ...

  6. 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...

  7. 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)

  8. 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

  9. 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.

  10. 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.

  11. 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.

  12. 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)

  13. 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.

  14. 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)

  15. 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.

  16. 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

  17. 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

  18. Dismantling of nuclear facilities and related problems - Conference proceedings

    International Nuclear Information System (INIS)

    Tournebize, Frederic; Bordet, Didier; Charlety, Philippe; Gore, Thierry; Estrade, Jerome; Lemaire, Hermine; Ginet, Annick; Fabrier, Lionel; Evrard, Lydie; Furois, Timothee; Butez, Marc; Dutzer, Michel; Faure, Vincent; Billarand, Yann; Menuet, Lise; Lahaye, Thierry; Pin, Alain; Mougnard, Philippe; Charavy, Sylvain; Poncet, Philippe; Moggia, Fabrice; Dochy, Arnaud; Benjamin, Patrick; Poncet, Pierre-Emmanuel; Beneteau, Yannick; Richard, Jean-Baptiste; Pellenz, Gilles; Ollivier Dehaye, Catherine; Gerard, Stephane; Denissen, Luc; Davain, Henri; Duveau, Florent; Guyot, Jean-Luc; Ardellier, Luc

    2012-11-01

    facilitating the definitive shutdown of the Jules Horowitz reactor (J. Estrade); 17 - Integration of dismantling at the design stage of the French EPR reactor (Y. Beneteau, J.P. Richard); 18 - Use of the Gampix gamma camera at dismantling sites (H. Lemaire); 19 - Stakes for the wastes intended to be disposed off in waste centres in operation (F. Dutzer); 20 - Cleansing of non-nuclear contaminated sites (V. Faure); 21 - Rehabilitation of dismantling sites - management plan for the old effluents channel of the Brennilis effluents processing plant (G. Pellenz, C. Ollivier-Dehaye); 22 - Problem of confinement keeping during deconstruction (A. Ginet, L. Fabrier); 23 - Project of wells cleansing at the irradiated materials workshop (AMI) of Chinon NPP (F. Duveau); 24 - Nuclear decontamination using a laser (F. Moggia); 25 - TIVA, adaptable and ventilated intervention dress (A. Dochy, P. Benjamin); 26 - Dismantling project - optimisation thanks to virtual reality-based software solutions (L. Ardellier, A. Pin)

  19. 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

  20. 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.

  1. 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.

  2. 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)

  3. Proceedings

    International Nuclear Information System (INIS)

    1974-01-01

    These 1974 Proceedings of the European Society of Nuclear Methods in Agriculture contain reports in the form of minutes of the meetings of various working groups of the Society, the programme and official addresses of the fifth annual meeting including annual reports of the chairman and the secretary of the Society, and the reports of each of the eleven working groups as well as the four following surveys entitled: 1) some aspects of research in plant breeding, conservation of genetic resources in connection with irradiation processes (by A. Jacques from FAO), 2) our responsibility for the environment (by D. Zeeuw from ITAL), 3) pilot plant for the irradiation of sewage sludge (by A. Suesz from Bayerische Landesanstalt fuer Bodenkultur und Pflanzenbau, Munich), 4) nuclear agronomy in France (by P. Guerin de Montgareuil from CEN, Cadarache). Summaries and provisional papers on presented topics will be published in ''ESNA Newsletter''

  4. Proceedings:

    Energy Technology Data Exchange (ETDEWEB)

    Sidhu, S.S. (comp.)

    1987-12-01

    With increasingly stringent requirements on the performance of accelerators and storage rings, there is a wide interest in modeling-based control. The organizers recognized the need to have an overview and discussion on the current status of modeling-based accelerator control and how advances in computer technology, software engineering, and expert systems can impact control and diagnosis. As a result, a workshop was organized at the Brookhaven National Laboratory on August 17-18, 1987. It was made possible by the joint support of the AGS, NSLS and Applied Mathematics Departments of BNL. The talks and discussions were divided into three main topics: elements of modeling, knowledge representation, and integration of modeling-based control systems with AI and workstations. This volume is the unedited collection of papers, presented at the Workshop. Separate abstracts were prepared for 10 papers in these proceedings.

  5. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  7. 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.

  8. 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

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

    Directory of Open Access Journals (Sweden)

    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

  10. 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...

  11. 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)

  12. 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

  13. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  15. 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

  16. 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.

  17. 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.

  18. 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)

  19. 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

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

    Directory of Open Access Journals (Sweden)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  2. 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…

  3. 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.

  4. 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.

  5. 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)

  6. 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.

  7. 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

  8. 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.

  9. 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

  10. Legal problems in the concretisation of the fundamental requirements on radiation protection. 2. paper

    International Nuclear Information System (INIS)

    Schattke, H.

    1980-01-01

    In contrast to justice administered by the Higher Administrative Court of Lueneburg, the author is of the opinion that the individual third party complaing within the framework of the rule to minimize radiation exposure laid down in the Radiation Protection Ordinance cannot refer to risks the population might be exposed to. This is the imperative consequence of the legal system which protects the individual. The fact that - contrary to the position held by the Higher Administrative Court of Lueneburg - Sections 45 and 46 of the Radiation Protection Ordinance include emissions caused by accidents is demonstrated by giving a word-for-word, systematical and teleological interpretation, using painstaking methods. The same goes for the importance of accident doses planned in Sect. 28 of the Radiation Protection Ordinance. To the extent to which it examines the import the basis of authorization would have for a radioecological ordinance, this contribution helps to understand the principles that govern radiation protection and the importance they have for licensing procedures under the Atomic Energy Law in general. (HP) [de

  11. 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.

  12. 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

  13. Historians and the Problem of Rights: From the Perspective of Comparative Studies of Legal History

    Institute of Scientific and Technical Information of China (English)

    ChenYing,; ZhaoBaohua; DavidKelly

    2004-01-01

    Selecting the right angle to approach a question is critical for any branch of learning, and it is no accident that today's Chinese historians take the problem of rights as a starting point for their research. When the method chosen answers the question, the research is capable of satisfying practical social development needs.

  14. Problems of Linguistic Discrimination in the Communicative Space of Tajikistan: Legal, Sociolinguistic and Educational Aspects

    Science.gov (United States)

    Iskandarova, Diloro; Ladygina, Olga; Shambezoda, Khusrav; Zolotukhin, Alexey; Abdukhamitov, Valijon

    2017-01-01

    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…

  15. Legal and administrative problems in regulating public participation in licensing of nuclear installations

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1981-10-01

    This general analysis of the question of public acceptance of nuclear activities focuses on the problems met by all governmental authorities in implementing their nuclear programmes. The author highlights the need for more specific regulations aimed at guaranteeing fuller information of the public and ensuring closer participation by it. (NEA) [fr

  16. RESEARCH ON THE LEGAL PROBLEMS OF THE PORT MANAGEMENT SYSTEM IN JAPAN

    OpenAIRE

    TAKAHASHI, Koji; KASUGAI, Yasuo; FUKUDA, Isao

    2014-01-01

    Across the world, port management is increasingly adopting a scheme of separatinginfrastructure and operations. In the midst of this global trend, Japan experienced the Great Hanshin andAwaji Earthquake in 1995 and the Great East Japan Earthquake in 2011, both of which devastated majorports, forcing Japan to face challenges related to its port management system. In addition, with majorearthquakes expected to strike again in the future, it is urgent for Japan to solve the current problems. Jap...

  17. Osteoporosis: A Future Public Health Problem for Israel? Medical and Legal Obligations.

    Science.gov (United States)

    Weisz, George M

    2017-04-01

    Starvation in early life can lead to premature metabolic syndrome and bone demineralization. Osteoporosis in the Jewish population may not yet be a recognized syndrome, but the harsh conditions to which Holocaust survivors were exposed may have increased the incidence of the condition. Immigrants and refugees who came to Israel from East Africa and Yemen - whether decades ago or more recently - may have been at increased risk of under-nutrition during pregnancy, affecting both the mother and consequently the offspring. This malnutrition may be further exacerbated by rapid overfeeding in the adopted developed country. This problem was also recognized at the turn of the 21st century in poor and underdeveloped countries and is becoming a global public health issue. In this review, the risks for premature metabolic syndrome and bone demineralization are enumerated and preventive measures outlined.

  18. Russian law: the legal framework for foreign investment in the Russian petroleum industry - problems and progress

    International Nuclear Information System (INIS)

    Barmin, A.; Doeh, D.

    1994-01-01

    Recent developments in Russian law relating to foreign investment in the petroleum industry are reviewed. The central piece of legislation regulating foreign investment is the Law on Foreign Investments of 1991. Its significance is that it is opened up to foreign investment that had been a closed society but it did not set out how and or what conditions investors' rights were to be acquired and exercised. The main problems that have had to be dealt with include: determining which government authorities (federal, republic, regional etc.) have the power to grant petroleum exploration and production rights; determining the methods by which these rights may be obtained and on what terms; determining export rights; establishing the basis for taxation; establishing the general framework for foreign investment in Russia. The extent to which these issues have been resolved is discussed and remaining areas of concern considered. (UK)

  19. Legal Sentience and the Problem of the Instant: A Critical Assessment of the Temporal Structure of Precedent and its Implications for Legal Authority

    OpenAIRE

    Wargan, Pawel

    2015-01-01

    This paper assesses the authority of precedent from a phenomenological standpoint. Phenomenology distinguishes between two temporal models. One describes time in an idealised form, as a divisible chain of instants or events. The other looks at lived temporality as fluid and indivisible duration. In the system of precedent, we witness an interaction of both models. The legal order is constructed from slices in time that become the building blocks of future judgments. Precedents are binding for...

  20. INTRODUCTION: The Physics of Chaos and Related Problems: Proceedings of the 59th Nobel Symposium

    Science.gov (United States)

    Lundqvist, Stig

    1985-01-01

    Gothenburg University. The idea to arrange a Nobel symposium on the physics of chaos and related problems came up more than three years ago. The rapid progress in the field since then seemed a bit frightening, to say the least, in view of the small format of the meeting. Nevertheless, we found the idea attractive - provided that we could restrict the programme to a few selected topics of current interest in order to generate a strong interaction between the participants and produce an intensive discussion. I feel that I need to express my apologies to all prominent scientists who could not be invited as a result of our planning. In the first place we did not attempt to review areas which seemed to be well established and have reached a certain level of maturity or saturation, irrespective of how great the individual contributions might have been. We decided firmly to concentrate on just a few of the recent developments which seemed to be in the focus of interest, deliberately leaving out important areas equally exciting. These proceedings contain practically all the material presented in the papers given at the Symposium. We felt that some participants might have found it inconvenient to prepare a full-length paper, which in some cases would have been merely modified versions of material due to appear in regular journals. We therefore took a liberal attitude and accepted everything from a brief abstract with some key references, up to a full-length paper. We would like to place on record our sincere thanks to all the participants who have contributed substantially in the planning of the Symposium by making valuable comments and suggestions about participants and topics. In particular, Jerry Gollub and Pierre Hohenberg helped me in organizing the programme and they also did a beautiful job with the concluding session and the conference summary. My co-organizers played a crucial role in the planning and during the Symposium week and always seemed to show an outstanding

  1. Study of the legal problems raised by the siting of nuclear power stations in artificial islands

    International Nuclear Information System (INIS)

    Hebert, J.; Guieze, J.L.

    1975-01-01

    The creation and operation of a nuclear power station on an artificial island in French waters are governed by domestic law and are subject to two types of procedure: the first concerns erection of the artificial island and the second the control of the public authorities over creation and operation of the nuclear power station. At administrative level, the setting up of an artificial island requires that it be attached to a commune as well as permission for occupancy from the maritime authorities. Furthermore, setting up of a nuclear power station on an artificial island is subject to the licensing procedure for large nuclear installations and to delivery of the licenses required for release of gaseous and liquid radioactive effluents. Given the proximity of the high seas and eventually, the borders of other States, siting of a nuclear power station on an artificial island imposes obligations at international level. These requirements, which concern prevention of transfrontier pollution, stem from the London (1972) and Paris (1974) Conventions on marine pollution. The third party liability regime for a nuclear incident caused by an installation sited in territorial seas is that of the 1960 Paris Convention on third party liability in the nuclear field and the 1963 Brussels Supplementary Convention. Another problem likely to be raised is that of the right of innocent passage of ships near such installations [fr

  2. Problems of Russian construction education in an age of innovation: socio-cultural and legal aspects

    Directory of Open Access Journals (Sweden)

    Pryadko Igor

    2017-01-01

    Full Text Available In this paper we estimate changes of Russian higher education, aimed to incorporate In this paper we estimate changes of Russian higher education, aimed to incorporate the latter in the Bologna process. The analysis of the reforms is given in terms of need in training specialists of the construction industry. The article analyzes the conclusions reached on the issue by some teachers of Russian universities of civil engineering. Among the reasons for concern from the part of the Russian education community, it is called the low level of knowledge about the tasks of re-forms and lack of information regarding measures to improve the educa-tion system. The investigation, in particular, points out that today the main issue of reforming is seen in creation of a single European intellectual space. At the same time, the questionnaire showed that the achievement of the stated purpose is prevented by the following factors: low level of stu-dent-builders in foreign languages and insufficient income. These circums-tances make education abroad almost impossible for most students from Russia and reduce the competitiveness of graduates from Russian universi-ties in labor market of the countries that joined to the Bologna system. The authors of the article pay special attention to the needs of executives of construction firms in qualified specialists. Most of the experts note the iso-lation of universities from solving problems of building practice, a notice-able lag of the national educational system from the western ones in train-ing specialists in construction logistics and organization of construction sites.

  3. Männer und Frauen sind nicht gleich. Über Geschlechterstereotype in juristischen Verfahren Men and Women are not Equal. On Gender Stereotypes in Legal Proceedings

    Directory of Open Access Journals (Sweden)

    Claudia Fröhlich

    2004-07-01

    well as the television reporting in the 1970s on the Majdanek Trials against male and female SS concentration camp guards. The authors ask how and which gender stereotypes influenced the jurisdiction and media reporting, which functions the hereby formulated images of men and women took on in the context of the formation of both German societies, and how they are to be situated on a cultural-historical level. While research on female perpetrators has already been established, a gender-historical method is now considered in the research on Nazi legal proceedings and their perceptions. This research perspective can be thought-provoking for both women’s and men’s history.

  4. 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.

  5. 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)

  6. 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

  7. 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)

  8. 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.

  9. 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

  10. Proceedings of 3. international conference 'Fundamental and applied problems of physics'

    International Nuclear Information System (INIS)

    Lutpullaev, S.L.

    2006-01-01

    The third International conference 'Fundamental and applied problems of physics' was held on 26-27 October, 2006 in Tashkent, Uzbekistan. The conference was consecrated to 15th anniversary of Uzbekistan independence. Specialists discussed various aspects of modern problems of relativistic nuclear physics and physics of atomic nuclei, solid state physics, various applications of new materials. More than 150 talks were presented in the meeting. (k.m.)

  11. 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.

  12. 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

  13. Proceedings of the International Conference on Soft Computing for Problem Solving

    CERN Document Server

    Nagar, Atulya; Pant, Millie; Bansal, Jagdish

    2012-01-01

    The present book is based on the research papers presented in the International Conference on Soft Computing for Problem Solving (SocProS 2011), held at Roorkee, India. This book is divided into two volumes and covers a variety of topics, including mathematical modeling, image processing, optimization, swarm intelligence, evolutionary algorithms, fuzzy logic, neural networks, forecasting, data mining etc. Particular emphasis is laid on Soft Computing and its application to diverse fields. The prime objective of the book is to familiarize the reader with the latest scientific developments that are taking place in various fields and the latest sophisticated problem solving tools that are being developed to deal with the complex and intricate problems that are otherwise difficult to solve by the usual and traditional methods. The book is directed to the researchers and scientists engaged in various fields of Science and Technology.

  14. Proceedings of the International Conference on Soft Computing for Problem Solving

    CERN Document Server

    Nagar, Atulya; Pant, Millie; Bansal, Jagdish

    2012-01-01

    The present book is based on the research papers presented in the International Conference on Soft Computing for Problem Solving (SocProS 2011), held at Roorkee, India. This book is divided into two volumes and covers a variety of topics, including mathematical modeling, image processing, optimization, swarm intelligence, evolutionary algorithms, fuzzy logic, neural networks, forecasting, data mining etc. Particular emphasis is laid on Soft Computing and its application to diverse fields. The prime objective of the book is to familiarize the reader with the latest scientific developments that are taking place in various fields and the latest sophisticated problem solving tools that are being developed to deal with the complex and intricate problems that are otherwise difficult to solve by the usual and traditional methods. The book is directed to the researchers and scientists engaged in various fields of Science and Technology.

  15. 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.

  16. EL PROBLEMA TEMPORAL EN EL INICIO DE LOS PROCEDIMIENTOS CONCURSALES: The timing problem in the opening of a bankruptcy proceeding

    Directory of Open Access Journals (Sweden)

    Juan L Goldenberg Serrano

    2012-01-01

    Full Text Available La definición del momento en que los interesados pueden dar inicio a un procedimiento concursal es un asunto de la mayor trascendencia para su éxito como mecanismo de solución al dilema de la insolvencia. El legislador, tomando en cuenta los diversos intereses involucrados, no sólo debe precisar el o los hechos que desencadenan tal apertura, sino configurar una serie de incentivos (positivos y negativos para ajustar la decisión del deudor y de los acreedores, a fin de que el concurso no sea abierto cuando ya no existan bienes suficientes para el reparto, como para que tampoco sea utilizado como una herramienta de amenaza y cobro cuando aún no es evidente su utilidad. El presente trabajo pretende dar algunas ideas sobre las razones de este "problema temporal", su magnitud e implicancias, y los medios que se han tenido a la vista para resolverlo en nuestro ordenamiento y en el Derecho comparado.The definition of the moment in which the stakeholders may initiate a bankruptcy proceeding is a matter of great importance for its success as a mechanism for resolving the insolvency dilemma. The lawmaker, considering the different interests that are involved in this issue, not only must specify the fact or facts that trigger such opening, but also must create a series of (positive and negative incentives to adjust the decision of the debtor and the creditors to ensure that the proceeding is not opened when there are no longer enough assets to be distributed, but it is not used as a threat or collection tool when its utility is not evident. This article aims to give some ideas for the reasons of this "timing problem", its magnitude and implications, and the means that have been considered in order to solve it in our system and in comparative law.

  17. 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)

  18. Proceedings of international conference of young scientists 'Ecological problems of XXI century'

    International Nuclear Information System (INIS)

    Milyutin, A.A.; Chudakov, V.A.

    1999-11-01

    Now various ecological problems are rather topical practically for all fields of human activity. The amplification artificial influences on various ecosystems leads to modification and violation of their integrity. Therefore investigations of scientists in different fields are directed to study of both various aspects of ecology and correlation of natural singularities of ecosystems with activity of a man, and also directed to search of paths of environment rehabilitation etc. The present publication represents the collection of materials of a scientific conference of the young scientists, which was organized by Ministry for Education of the Republic of Belarus on the basis of International Sakharov Ecological University (Minsk, Republic of Belarus). The ecological problems were viewed on the following directions: ecology, radioecology, ecological monitoring, ecological information systems, eco priority power engineering, eco biology, medical ecology, molecular medicine, social ecology. The materials of a conference are intended for wide circle of the experts occupied with scientific and practical activity

  19. Proceedings of international conference of leading specialists, young scientists and students 'Ecological problems of XXI century'

    International Nuclear Information System (INIS)

    Milyutin, A.A.

    2002-05-01

    The present publication represents the collection of materials of a scientific conference of the leading specialists, young scientists and students, which was organized by Ministry for Education of the Republic of Belarus on the basis of International A. Sakharov Environmental University (Minsk, Republic of Belarus). The ecological problems were viewed on the following directions: ecology, radioecology, ecological monitoring, ecological information systems, eco priority power engineering, eco biology, medical ecology, molecular medicine, social ecology

  20. International Conference 'Uranium legacy of Soviet Union in Central Asia: problems and way forward' Proceedings

    International Nuclear Information System (INIS)

    2012-01-01

    The goal of the conference is to discuss safe management of uranium mill tailings, remediation activities foreseen under Eurasian Economic Community in Kyrgyzstan and Tajikistan, existing problems and ways forward. A conference on this topic in Tajikistan with the support of the International Science and Technology Center and Norwegian Radiation Protection Authority is relevant and very important taken into account foreseen remediation activities starting from 2013.

  1. Proceedings of the Workshop on open problems in heavy ion reaction dynamics at VIVITRON energies

    International Nuclear Information System (INIS)

    Beck, F.A.

    1993-01-01

    Some problems of heavy ion reaction dynamics at the VIVITRON tandem accelerator and the experimental facilities are discussed at the meeting. Topics include light dinuclear systems, collision dynamics at low energies, fission evaporation and fusion of heavy nuclei and others. Most documents consist of transparencies presented at the workshop, texts of papers are missing. All items are indexed and abstracted for the INIS database. (K.A.)

  2. Proceedings of the Workshop on open problems in heavy ion reaction dynamics at VIVITRON energies

    Energy Technology Data Exchange (ETDEWEB)

    Beck, F. A.

    1993-07-01

    Some problems of heavy ion reaction dynamics at the VIVITRON tandem accelerator and the experimental facilities are discussed at the meeting. Topics include light dinuclear systems, collision dynamics at low energies, fission evaporation and fusion of heavy nuclei and others. Most documents consist of transparencies presented at the workshop, texts of papers are missing. All items are indexed and abstracted for the INIS database. (K.A.).

  3. Dosimetry Control: Technic and methods. Proceedings of the international workshop 'Actual problems of dosimetry'

    International Nuclear Information System (INIS)

    Lyutsko, A.M.; Nesterenko, V.B.; Chudakov, V.A.; Konoplya, E.F.; Milyutin, A.A.

    1997-10-01

    There is a number of unsolved problems of both dosimetric and radiometric control, questions of the biological dosimetry, reconstruction of dozes of irradiation of the population at radiation incidents, which require coordination of efforts of scientists in various areas of a science. The submitted materials are grouped on five units: dosimetry engineering, biological dosimetry and markers of radiation impact, dosimetry of a medical irradiation, normative and measurement assurance of the dosimetric control, monitoring and reconstruction of dozes at radiation incidents

  4. 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.

  5. The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA

    OpenAIRE

    Krey, Volker

    2009-01-01

    "Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interacti...

  6. A facility for using cluster research to study environmental problems. Workshop proceedings

    Energy Technology Data Exchange (ETDEWEB)

    1991-11-01

    This report begins by describing the general application of cluster based research to environmental chemistry and the development of a Cluster Structure and Dynamics Research Facility (CSDRF). Next, four important areas of cluster research are described in more detail, including how they can impact environmental problems. These are: surface-supported clusters, water and contaminant interactions, time-resolved dynamic studies in clusters, and cluster structures and reactions. These facilities and equipment required for each area of research are then presented. The appendices contain workshop agenda and a listing of the researchers who participated in the workshop discussions that led to this report.

  7. Proceedings of the international conference of young scientists and students 'Ecological problems of XXI century'

    International Nuclear Information System (INIS)

    Milyutin, A.A.

    2001-05-01

    The present publication represents the collection of materials of a scientific conference of the young scientists and students, which was devoted to 80-year-old anniversary of Andrej Sakharov. The ecological problems were viewed on the following directions: ecology, radioecology, ecological monitoring, ecological information systems, eco priority power engineering, eco biology, medical ecology, molecular medicine. The materials of a conference are intended for wide circle of the experts occupied with scientific and practical activity. Individual papers (37) have been analysed and submitted to the database

  8. 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.

  9. SLC summer 2010 university - The ocean in the climate-energy problem, urban policies. Proceedings

    International Nuclear Information System (INIS)

    2010-09-01

    This document brings together the available presentations given at the summer 2010 university of the SLC (save the climate) organization on the topics of the ocean in the climate-energy problem, and of the urban policies. Nine presentations (slides) are compiled in this document and deal with: 1 - Biofuels made from micro-algae: stakes and challenges (Olivier Bernard, Comore - INRIA /CNRS/UPMC); 2 - The energy of waves (Alain Clement, Ecole Centrale de Nantes); 3 - The sea, new source of renewable energies? (J.J. Herou, EDF CIH); 4 - Oceans acidification: the other CO 2 problem (James Orr, Pierre Simon Laplace Institute - IPSL, Laboratory of climate and environmental Sciences - LSCE, CEA-CNRS-UVSQ); 5 - Oceans and carbon cycle (Laurent Bopp, IPSL/LSCE); 6 - Renewable marine energies (Yann-Herve De Roeck, France Energies Marines); 7 - Energy renovation of buildings (Jean-Claude Terrier, Mesac Europe); 8 - Modevur research project - Modeling of urban development, sketch of a development typology of chinese cities (Clement-Noel Douady); 9 - Urban areas in the fight against climate change: stakes, knowledge and controversies (Francois Menard, PUCA)

  10. Proceedings of EPRI/DOE workshop on nuclear industry valve problems

    International Nuclear Information System (INIS)

    Sprung, J.L.

    1981-01-01

    Representatives from 29 nuclear industry organizations (11 valve manufacturers, 4 nuclear steam supply system vendors, 5 utilities, 3 national laboratories, 2 architect/engineering firms, the Department of Energy (DOE), EPRI, and 2 others) attended the workshop. Working sessions on key valves and on valve stem and seat leakage developed the following recommendations: (1) establish a small permanent expert staff to collect, analyze, and disseminate information about nuclear valve problems; (2) perform generic key valve programs for pressurized water reactors and for boiling water reactors, and several plant specific key valve programs, the latter to demonstrate the cost-effectiveness of such studies; (3) confirm the identity of, define, and initiate needed longer term research and development programs dealing with seat and stem leakage; and (4) establish an industry working group to review and advise on these efforts. Separate abstracts were prepared for three papers which are included in the appendix

  11. Proceedings of the meeting on few-body problems in high and medium energy physics

    International Nuclear Information System (INIS)

    Yukawa, T.

    1985-12-01

    The study meeting on few-body problems in high and medium energy physics was held from October 3 to 5, 1985, at National Laboratory for High Energy Physics. Two meetings were held already concerning few body physics, but most of the participants were theorists. In this meeting, high priority was put on the attendance of experimental physicists. As a bridge between particle and nuclear physics, the few body physics in an intermediate energy region has become important recently. The topics in this meeting were meson spectroscopy, baryonium, kaon physics, muonic fusion, dibaryon, φNN system, quarks and skyrmions, NN correlation, and symmetry test in few-body system. The gists of the papers presented are collected in this book. (Kako, I.)

  12. 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

  13. 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.

  14. Applications of artificial intelligence in engineering problems. Vol. 1 and 2. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Sriram, D; Adey, R [eds.

    1986-01-01

    The purpose of the first international conference on the application of AI to engineering problems is to provide a forum for engineers all over the world to present their work on these applications. The interest being shown in the engineering community is evident by the large number of papers from the conference that are compiled into these volumes. The topics span various engineering disciplines. These topics are grouped into the following categories: - Knowledge representation and acquisition. Robotics. Natural language processing. Inexact inference techniques. General design methodologies. Constraints. Design strategies specific to a particular domain. Diagnostic systems. Intelligent front ends. Tools and techniques for building expert systems. Most of the papers deal with knowledge-based expert systems. In addition to the regular sessions, two sessions discussing a number of ongoing projects were also included in the conference. A panel on the future of AI in the engineering industry and another panel on networking were scheduled. Distinguished invited speakers from academia and industry presented lectures on their experiences with the application of AI.

  15. Actual legal questions and problems of the free access to information, especially in the environmental protection; Aktuelle Rechtsfragen und Probleme des freien Informationszugangs, insbesondere im Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Schroeder, Meinhard (ed.)

    2010-07-01

    Within the 26th Trier colloquium on the law governing environmental protection and technology at 5th to 7th September, 2010 in Trier (Federal Republic of Germany), the following lectures were held: (1) The environmental law in the light of federalism and Europeanization (Hans-Juergen Papier); (2) Information rights in the EU (Astrid Epiney); (3) Environmental policy by freedom of information (Friedrich Schoch); (4) The legal framework for the opening of the access to information as well as the appearance of accessible information under special consideration of the environmental information Directive 2003/4/EG and its implementation in the German Law (Joern Axel Kaemmerer); (5) The utilization of electronic media: REACh data bases, publication of authorizing procedures in the Internet and geo data mediation such as google maps (Indra Spiecker); (6) Protection position of companies in the right of access to information. The protection of business secrets and commercial confidentialities as well as application dossiers in the European and German law (Matthias Rossi); (7) Limited protection of business secrets and commercial confidentialities as a part of genetic engineering legal approval procedures (Hartwig Stiebler); (8) The NRW pipeline cadastre (Alexander Schink); (9) Legal protection by European and national courts under consideration of the European Ombudsman in his function in securing the access of information (Sabine Schlacke).

  16. Improvement of national legislation in alternative resolution of legal disputes area

    Directory of Open Access Journals (Sweden)

    Ярослав Павлович Любченко

    2016-01-01

    Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which

  17. Proceedings of the 11th forum: Croatian Energy Day: Regulation problems relating to energy service markets

    International Nuclear Information System (INIS)

    2002-01-01

    The main goals of the majority of processes and developments relating to energy sectors of today present the enhancement of energy sector efficiency, ensuring of stable financial sources and safe return of the means invested through practice of activities at the market of energy and energy services, i.e. public services or monopoly. This is to be achieved by means of energy sector restructuring and liberalisation, pluralism of ownership and transparency of the organisational and management scheme. Thereby, an important role and significance for the realisation of these aims, for the development and energy market functioning on the national level, as well as for the achievement of reciprocity and complementarity of national markets with regional and multi-national energy markets, is held by models and forms of energy activity regulation. In a limited sense, the regulation itself should constitute an adequate stimulating framework for free energy flows, transparent and non- discriminating conditions for the utilisation of transmission and transportation systems and networks, protection of supplier choice rights, pluralism of ownership and ownership rights, protection of energy and energy services' quality, environmental protection, protection of purchasers and consumers and protection of energy subjects. For all these reasons, aspects and problems appertaining to energy sector and energy activities' regulation have been chosen as the theme and contents of the 11th Forum. Various countries have undertaken and implemented or are in the process of implementation of different models and contents referring to energy sector and energy activity regulation. Experience and legislative practice are quoted as the main criteria. The aim of this Forum is to set forth and clarify experiences and solutions connected to the regulation of energy activities in numerous European countries or in the world

  18. Proceedings of the Workshop on Experimental and theoretical problems around actinides for future reactors

    International Nuclear Information System (INIS)

    Kerveno, Maelle; Dupuis, Marc; Bauge, E.; Hilaire, S.; Romain, P.; Morillon, B.; Delaroche, J.P.; Dupuis, M.; Peru, S.; Belier, G.; Bonnet, T.; Laborie, J.M.; Laurent, B.; Ledoux, X.; Varignon, C.; Meot, V.; Bernard, David; Capote, Roberto; Kawano, T.; Bond, E.; Vieira, D.J.; Wilhelmy, J.B.; Raynal, J.; Plompen, Arjan J.M.; Drohe, J.C.; Nankov, N.; Nyman, M.; Rouki, C.; Bacquias, A.; Dessagne, Ph.; Henning, G.; Karam, H.; Kerveno, M.; Rudolf, G.; Thiry, J.C.; Borcea, C.; Negret, A.; Stanoiu, M.; Bucurescu, D.; Deleanu, D.; Filipescu, D.; Ghita, D.; Glodariu, T.; Marginean, N.; Marginean, R.; Mihai, C.; Olacel, A.; Pascu, S.; Sava, T.; Stroe, L.; Goriely, S.; Pavlik, A.; Jericha, E.; Ledoux, X.; Becker, J.A.; Macri, R.; Authier, N.; Hyneck, D.; Jansen, Y.; Legendre, J.; Jacquet, X.; Gunsing, Frank; Henning, Greg

    2014-03-01

    Since the two last decades, in the framework of general researches on future reactors, strong efforts have been devoted to improve the quantity and quality of nuclear data. Indeed, in order to improve safety margins and fuel optimization, but also to develop new kind of reactors or fuel cycles, accurate nuclear data are mandatory. At the end of the twentieth century, nuclear data bases did not reach the required quality level to be used in future reactor simulations. Therefore, both experimentalists and theoreticians, in the framework of several European research programs (HINDAS, NUDATRA, ANDES, CHANDA...), have tried to make the situation better. New sets of precise data measurements concerning fission, capture, (n,xn),..., reaction cross sections for a large variety of nuclei have been initiated. From evaluation point of view, the JEFF project has also improved the quality of nuclear data bases for several nuclei. In parallel, on the theoretical side, progress has also been made concerning cross section modeling in a wide range of energy (eV to GeV). The goal was to provide theoretical models with a good predictive power to feed data bases where experimental data are still missing and where the measurement is too complex. In this context, for example, a new nuclear reaction code TALYS has been developed. Collaboration between experimentalists, theoreticians and evaluators are then of strong interest to make progress. The number of problems to be solved covers various fields of nuclear reactions such as fission, capture or inelastic scattering. In order to avoid too large an audience we have decided, as a first step, to focus on inelastic scattering on actinides. Experimentally, three main methods exist to measure the total inelastic cross section: activation, detection of the emitted neutrons and prompt-gamma spectroscopy. This last method is, nevertheless, dependent on theoretical models since it provides (n,xn γ) cross sections and not the total inelastic

  19. Current problems of radiation hygiene, radiation protection and radiobiology. Proceedings of the national (jubilee) conference with international participation

    International Nuclear Information System (INIS)

    Opopol, N.

    2009-01-01

    The proceedings content 28 articles in fields of radiological protection, radioactive pollution, preventive medicine, public health protection. The history of creation, development and activity of the national radiation protection service is described.

  20. Legal consequences of nuclear accidents and shutdowns. Regulatory matters. Private litigation matters. Transcript of proceedings, held in Hershey, Pennsylvania, July 27-28, 1979

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    Four months after the Three Mile Island-2 accident, the Pennsylvania Law Journal assembled many of the most prominent attorneys with experience in nuclear power issues to discuss and explore some of the questions confronting lawyers and their clients affected by the nation's worst civilian nuclear accident. It is significant that the conference was held in Hershey, Pennsylvania, seven miles from Harrisburg, the State Capitol, and 15 miles from Three Mile Island. The conference focused on the legal issues, of rates, used and useful, and cost of replacement energy; and the litigation issues - extraordinary nuclear occurrence, theories of liability, and damages. The audience also had a need to discuss the future of Federal regulation as well as the issues of most immediate concern

  1. 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.

  2. 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

  3. 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

  4. 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.

  5. 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.

  6. 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"

  7. 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)

  8. 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.

  9. 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.

  10. Legal Problems of Realization of the Principle of “Good Faith” in the Course of Bankruptcy

    Directory of Open Access Journals (Sweden)

    Yuliya V. Sakharova

    2017-05-01

    Full Text Available This article is about research problems of realization of the principle of conscientiousness in relation to procedures of insolvency (bankruptcy. The Author considers problems of determination of category “conscientiousness”, the questions of criteria to determine the good faith of the trustee, the criteria of “sufficiency” in his actions, good faith in complying with the statute of limitations in the procedures of bankruptcy, as well as violation of the principle of good faith with the liquidator failure to take appropriate action to challenge the debtor's contracts.​

  11. Literacy for Youth: Programs, Problems and Perspectives. Proceedings of the Youth Literacy Forum (Melbourne, Australia, July 30, 1999).

    Science.gov (United States)

    Sanguinetti, Jill, Ed.; Jones, Myfanwy, Ed.

    These proceedings document some of the work and the stories of literacy teachers who work with youth outside the school system and help to paint the educational and policy context of their work. "Professionalism and Passion: A Report on Teachers Working with the Literacy Needs of Unemployed Youth" (Beverley Campbell) introduces the…

  12. 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 ...

  13. 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...

  14. [Medical surveillance in university: organizational difficulties, legal problems, scientific e technical specificities. Experience of University of Milan Bicocca].

    Science.gov (United States)

    D'Orso, M I; Giuliani, C; Assini, R; Riva, M A; Cesana, G

    2012-01-01

    Our research describes activities of Occupational Health carried out during last year in University of Milan Bicocca by Occupational Doctors. We describe results of medical surveillance in 1153 employees or students exposed to occupational risks for health and safety. We report results obtained, technical difficulties, organizational problems, and preventive actions decided to improve functionality of our activity. Students seem to be less protected and consequently seem to have higher professional safety and health risks.

  15. 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

  16. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

    The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

  17. 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.

  18. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  19. Problemática jurídica de los estados intersexuales. El caso colombiano Legal problematic of intersexual states. The Colombian case

    Directory of Open Access Journals (Sweden)

    Sandra Patricia Duque Quintero

    2010-08-01

    Full Text Available

    En este artículo de reflexión, basado en una investigación, se describe la problemática jurídica planteada por los estados intersexuales* en los menores de edad, y cómo la misma centra su discusión en la teoría del consentimiento informado, punto nodal en el que convergen, por un lado, la existencia de un sujeto titular de derechos, y por el otro, el modo en que debe darse la autorización para ciertos tratamientos médicos o quirúrgicos, así como para algunas intervenciones preventivas. Igualmente,

    se plantea la necesidad de articular el saber jurídico con el de otros campos como la medicina y la bioética, a fin de construir un marco teórico, analítico y práctico que aporte nuevas herramientas e instrumentos para resolver esta problemática. La Corte Constitucional Colombiana, como máximo órgano jurisdiccional, estableció algunos parámetros jurídicos para adoptar decisiones en estos casos pero cada uno de ellos plantea matices y opciones diferentes, y la solución que se pretenda adoptar debe ir dirigida a optimizar el bienestar del paciente.

     

    This is a reflection article based on research. In it, we describe the legal issues raised by intersexual states in minors. Individual rights and the way in which authorization should be given for certain medical and surgical treatments are analyzed in the perspective of the informed consent theory. We emphasize on the

  20. 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.

  1. 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

  2. Fast Reactor Physics. Vol. II. Proceedings of a Symposium on Fast Reactor Physics and Related Safety Problems

    International Nuclear Information System (INIS)

    1968-01-01

    Proceedings of a Symposium organized by the IAEA and held in Karlsruhe, 30 October - 3 November 1967. The meeting was attended by 183 scientists from 23 countries and three international organizations. Contents: (Vol.1) Review of national programmes (5 papers); Nuclear data for fast reactors (12 papers); Experimental methods (3 papers); Zoned systems (7 papers); Kinetics (7 papers). (Vol.11) Fast critical experiments (8 papers); Heterogeneity in fast critical experiments (5 papers); Fast power reactors (13 papers); Fast pulsed reactors (3 papers); Panel discussion. Each paper is in its original language (50 English, 11 French and 3 Russian) and is preceded by an abstract in English with a second one in the original language if this is not English. Discussions are in English. (author)

  3. Legal Problems of the Principal.

    Science.gov (United States)

    Stern, Ralph D.; And Others

    The three talks included here treat aspects of the law--tort liability, student records, and the age of majority--as they relate to the principal. Specifically, the talk on torts deals with the consequences of principal negligence in the event of injuries to students. Assurance is given that a reasonable and prudent principal will have a minimum…

  4. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  5. 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

  6. Collection of proceedings of the international conference on programming and mathematical methods for solution of physical problems

    International Nuclear Information System (INIS)

    1994-01-01

    Traditional International Conference on programming and mathematical methods for solution of physical problems took place in Dubna in Jun, 14-19, 1993. More than 160 scientists from 14 countries participated in the Conference. They presented about 120 reports, the range of problems including computerized information complexes, experimental data acquisition and processing systems, mathematical simulation and calculation experiment in physics, analytical and numerical methods for solution of physical problems

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

    Directory of Open Access Journals (Sweden)

    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.

  8. 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…

  9. Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

    Directory of Open Access Journals (Sweden)

    Irina V. Shugurova

    2015-12-01

    Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

  10. 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...

  11. 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)

  12. The Legal Investigation Peculiarities in RF Constitutional Court

    Directory of Open Access Journals (Sweden)

    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.

  13. THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

    Directory of Open Access Journals (Sweden)

    Alexander Chuklin

    2017-01-01

    Full Text Available The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters

  14. 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.

  15. 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.

  16. 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

  17. 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.

  18. INTRODUCTION Introduction to the conference proceeding of the Workshop on Electromagnetic Inverse ProblemsThe University of Manchester, UK, 15-18 June, 2009

    Science.gov (United States)

    Dorn, Oliver; Lionheart, Bill

    2010-11-01

    This proceeding combines selected contributions from participants of the Workshop on Electromagnetic Inverse Problems which was hosted by the University of Manchester in June 2009. The workshop was organized by the two guest editors of this conference proceeding and ran in parallel to the 10th International Conference on Electrical Impedance Tomography, which was guided by Bill Lionheart, Richard Bayford, and Eung Je Woo. Both events shared plenary talks and several selected sessions. One reason for combining these two events was the goal of bringing together scientists from various related disciplines who normally might not attend the same conferences, and to enhance discussions between these different groups. So, for example, one day of the workshop was dedicated to the broader area of geophysical inverse problems (including inverse problems in petroleum engineering), where participants from the EIT community and from the medical imaging community were also encouraged to participate, with great success. Other sessions concentrated on microwave medical imaging, on inverse scattering, or on eddy current imaging, with active feedback also from geophysically oriented scientists. Furthermore, several talks addressed such diverse topics as optical tomography, photoacoustic tomography, time reversal, or electrosensing fish. As a result of the workshop, speakers were invited to contribute extended papers to this conference proceeding. All submissions were thoroughly reviewed and, after a thoughtful revision by the authors, combined in this proceeding. The resulting set of six papers presenting the work of in total 22 authors from 5 different countries provides a very interesting overview of several of the themes which were represented at the workshop. These can be divided into two important categories, namely (i) modelling and (ii) data inversion. The first three papers of this selection, as outlined below, focus more on modelling aspects, being an essential component of

  19. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  20. Water Chemistry and Chemistry Monitoring at Thermal and Nuclear Power Plants: Problems and Tasks (Based on Proceedings of Conferences)

    Science.gov (United States)

    Larin, B. M.

    2018-02-01

    In late May-early June 2017, two international science and technology conferences on problems of water chemistry and chemistry monitoring at thermal and nuclear power plants were held. The participants of both the first conference held at OAO VTI and the second conference that took place at NITI formulated the problems of the development of the regulatory base and implementation of promising water treatment technologies and outlined the ways of improving the water chemistry and chemistry monitoring at TPPs and NPPs for the near future. It was pointed out that the new amine-containing VTIAMIN agent developed by OAO VTI had been successfully tested on the power-generating units equipped with steam-gas plants to establish the minimum excess of the film-forming amine in the power-generating unit circuit that ensures the protection of the metal as 5-10 μg/dm3. A flow-injection technique for the analysis of trace concentrations of chlorides was proposed; the technique applied to the condensate of the 1000-MW steam turbine of the NPP power-generating unit yields the results comparable with the results obtained by the ion chromatography and the potentiometric method using the solver electrode. The participants of the conferences were demonstrated new Russian instruments to analyze the water media at the TPPs and NPPs, including the total organic carbon analyzer and the analyzer of mineral impurities in the condensate and feed water, that won a gold medal at the 45th International Exhibition of Inventions held in Geneva this April.

  1. 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.

  2. 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...

  3. 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)

  4. 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

  5. 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)

  6. 我国石油企业海外并购的法律问题浅析%A Simple Analysis of the Legal Problems in China’s Petroleum Enterprise Overseas Merger & Acquisition

    Institute of Scientific and Technical Information of China (English)

    王璐

    2012-01-01

    分析了我国石油企业实施海外并购战略的必然性以及目前并购的现状和趋势,重点分析了海外并购中遇到的法律问题,并提出了有关的措施和建议。%The article analyzes the necessity for China’s petroleum enterprises to implement overseas merger acquisition strategy as well as current merger acquisition status and its development trends,emphatically analyzes the legal problems encountered in overseas merger acquisition and puts forward relevant measures and suggestions.

  7. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  8. Proceedings of the CSNI workshop on International Standard Problem 48 - Analysis of 1:4-scale prestressed concrete containment vessel model under severe accident conditions

    International Nuclear Information System (INIS)

    2005-01-01

    At the CSNI meeting in June 2002, the proposal for an International Standard Problem on containment integrity (ISP 48) based on the NRC/NUPEC/Sandia test was approved. Objectives were to extend the understanding of capacities of actual containment structures based on results of the recent PCCV Model test and other previous research. The ISP was sponsored by the USNRC, and results had been made available thanks to NUPEC and to the USNRC. Sandia National Laboratory was contracted to manage the technical aspects of the ISP. At the end of the ISP48, a workshop was organized in Lyon, France on April 6-7, 2005 hosted by Electricite de France. Its overall objective was to present results obtained by participants in the ISP 48 and to assess the current practices and the state of the art with respect to the calculation of concrete structures under severe accident conditions. Experience from other areas in civil engineering related to the modelling of complex structures was greatly beneficial to all. Information obtained as a result of this assessment were utilized to develop a consensus on these calculations and identify issues or 'gaps' in the present knowledge for the primary purpose of formulating and prioritizing research needs on this topic. The ISP48 exercise was published in the report referenced NEA/CSNI/R(2005)5 in 3 volumes. Volume 1 contains the synthesis of the exercise; Volumes 2 and 3 contain individual contributions of participating organizations. The CSNI Working Group on the Integrity and Ageing and in particular its sub-group on the behaviour of concrete structures has produced extensive material over the last few years. The complete list of references is given in this document. These proceedings gather the papers and presentations given by the participants at the Lyon workshop

  9. 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.)

  10. 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

  11. 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

  12. [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.

  13. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    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.

  14. 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....

  15. Problems of Journalism; Proceedings of the 1975 Annual Convention of the American Society of Newspaper Editors (Washington, D.C., April 16-18, 1975).

    Science.gov (United States)

    American Society of Newspaper Editors, Easton, PA.

    This document reports the 1975 proceedings of the American Society of Newspaper Editors (ASNE) convention held in Washington, D.C., April 16-18. The contents include a list of officers and directors, past presidents of the society, and a copy of the ASNE Code of Ethics. Also contained in the document are reports on such individual sessions as…

  16. 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.

  17. “微信营销”存在的问题及其法律规制%The problems of "WeChat marketing" and its legal regulation

    Institute of Scientific and Technical Information of China (English)

    甫鲁西·齐美革

    2016-01-01

    In recent years,with the development and update of mobile Internet technology,and the rapid popularity of smart phones,the WeChat business,WeChat marketing also arises at the historic moment. Behind the strong mo-mentum of Wechat business development,many disadvantages exist in the WeChat marketing and trading,the legal issues and risks also gradually highlights. The paper expounds the WeChat business and WeChat marketing through the interpretation of the legal characteristics,and analyzes problems existing in the marketing and trading,such as false advertising overrun,purchasing agency of fake goods,and difficulty of rights protection. It puts forward the pro-posal from the aspects of legal regulation:using the existing legal norms,speeding up the electronic commerce legis-lation,and strengthening the administrative regulation.%近些年随着移动互联网技术的发展更新和智能手机加快普及,微商、微信营销也应运而生。微商强劲发展势头的背后,微信营销及交易存在诸多弊端,其中的法律问题和风险也逐渐凸显。文章通过对微信和微商以及微信营销的法律特征入手进行阐释,对微信营销及交易中存在的虚假广告泛滥成灾、微信诈骗和假货代购问题严重、买家维权困难等问题进行分析,从法律规制等角度提出利用现有的法律规范,并加快专门的电子商务立法、加大行政监管力度等建议。

  18. 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

  19. 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.

  20. 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....

  1. 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

  2. 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, ...

  3. 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.

  4. CNA proceedings

    International Nuclear Information System (INIS)

    1996-01-01

    The proceedings comprise keynote addresses, biographies, and 22 papers organized under the following headings: international CANDU operations, challenges in the uranium industry, public acceptance - gaining support, strategies for success in the nuclear business, nuclear power and the environment, initiatives in nuclear regulation, other opportunities. Individual papers published which come within the scope of INIS have been abstracted separately

  5. CNA proceedings

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-31

    The proceedings comprise keynote addresses, biographies, and 22 papers organized under the following headings: international CANDU operations, challenges in the uranium industry, public acceptance - gaining support, strategies for success in the nuclear business, nuclear power and the environment, initiatives in nuclear regulation, other opportunities. Individual papers published which come within the scope of INIS have been abstracted separately.

  6. 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

  7. 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

  8. The Legal Regime of Nuclear Power Satellites-A Problem at the Cross-Roads of Nuclear Law and Space Law

    International Nuclear Information System (INIS)

    Courteix, S.

    1992-01-01

    The number of nuclear-powered satellites rises constantly and, recalling the fear generated by the crash of the Cosmos 954 satellite, the author points out that radioactive debris falling on earth could represent as great a hazard as accidental releases of radioactive material from land-based nuclear installations. Such satellites, therefore, can be governed by both space law and nuclear law. On the basis of international conventions applicable in the two fields and also with reference to the Law of the Sea and environmental law, the article analyses preventive and radiation protection measures as well as emergency plans and also raises the problem of liability and compensation for damage. (NEA)

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

    Directory of Open Access Journals (Sweden)

    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.

  10. 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.

  11. 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 ...

  12. 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...

  13. 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

  14. 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.

  15. 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

  16. 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,

  17. 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

  18. 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

  19. 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

  20. Practical Problems of Legal Regulation of Customs Duties Developing an International Trade Between the Republic of Lithuania And East Asian Countries

    Directory of Open Access Journals (Sweden)

    Valantiejus Gediminas

    2016-12-01

    Full Text Available For more than ten years (since 2004 the Republic of Lithuania is a member of the EU and is realizing its economic and trade relations with other foreign countries, and regulating customs duties according to the requirements of the EU Common Commercial Policy. However, in the recent years foreign trade (in particular - exports of goods remained one of the main factors which increased an economic growth (recovery in the Republic of Lithuania after the global economic crisis of the world, which began in 2008. In this context, the search for new markets and expansion of trade relations with new trade partners in Asia became essential in order to diversify the structure of the national economy and avoid dependence on traditional trade partners, such as Russia. Taking into account this strategic goal, the article seeks to answer a question whether an existing foreign trade regulation system ensures the status of Lithuania as an attractive partner of foreign trade with East Asian countries (Taiwan, Hong Kong, South Korea and Singapore and what regulatory instruments (customs duty rules and procedures should be used on the national level to ensure cooperation with these countries. In order to answer this problematic question, the first chapter of the article overviews general tendencies in Lithuanian foreign trade with the countries of East Asia, while the second chapter is dedicated to describe regulatory regime for import customs duties on the national level (in line with the major provisions of the EU Common Commercial Policy. The practical problems and obstacles to international trade are presented in the third chapter and are illustrated by the examples of case law, which was formed in disputes relating to the decisions and actions of Lithuanian national customs authorities for the period from 1 May, 2004 (since entry to the EU.

  1. 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...

  2. 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

  3. 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

  4. 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

  5. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    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.

  6. 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...

  7. 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...

  8. 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.

  9. 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

  10. 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

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    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

  13. 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

  14. 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

  15. Agency Problems, Legal Strategies, and Enforcement

    OpenAIRE

    Kraakman, Reinier H.; Armour, John; Hansmann, Henry

    2009-01-01

    This article is the second chapter of the second edition of "The Anatomy of Corporate Law: A Comparative and Functional Approach," by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda and Edward Rock (Oxford University Press 2009). The book as a whole provides a functional analysis of corporate (or company) law in Europe, the U.S., and Japan. Its organization reflects the structure of corporate law across all jurisdictions, whil...

  16. Medico-legal problems in radiology

    International Nuclear Information System (INIS)

    Becker, W.

    1979-01-01

    The obligation of the pysician to inform the patient - which he has to prove in case of a suit - is based on the patient's right of selfdetermination. This self-dicision information was subject of the panel discussion. Not discussed in detail were the information concerning diagnosis and prognosis, and the instruction of the patient regarding his conduct postoperatively and during medical treatment. Not considered was the so-called malpractice and negligence respectively. Medical liability suits are increasing for various reasons and are frequently directed at a failure to inform the patient because the patient is often unable to prove a negligence of the physician ('surrogate liability'). The dimension of the duty of disclosure (complete information - no information at all) is discussed in general and with special regard to the radiological field. (orig.) [de

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

    Directory of Open Access Journals (Sweden)

    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.

  18. Conference Proceedings

    International Nuclear Information System (INIS)

    2002-01-01

    This volume contains the unedited proceedings of the Second Annual Conference on Managing Electricity Price Volatility. There were a total of eleven papers presented, dealing with a variety of issues affecting price volatility. Subjects treated included: new power generation development in Alberta; an analysis of electricity supply and demand to predict future price volatility; the effect of government intervention in the Alberta electricity market; risk management in volatile energy markets; an analysis of Alberta's capacity to supply its own internal electric power needs; the impact of increased electricity import and export capacity on price fluctuation in Alberta; improving market liquidity in Alberta; using weather derivatives to offset price risk; the impact of natural gas prices on electricity price volatility; capitalizing on advancements in online trading; and strategies for businesses to keep operating through times of price volatility. In most cases only overhead viewgraphs are available

  19. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

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

    Directory of Open Access Journals (Sweden)

    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.

  1. 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.

  2. Proceedings of international conference dedicated to the seventieth anniversary of Physical-technical institute, SPA 'Physics-Sun' 'Fundamental and applied problems of physics'

    International Nuclear Information System (INIS)

    Lutpullaev, S.L.; Atabaev, I.G.; Abdurakhmanov, A.A.

    2013-11-01

    The International conference dedicated to the seventieth anniversary of Physical-technical institute, SPA 'Physics-Sun' 'Fundamental and applied problems of physics' was held on 14-15 November, 2013 in Tashkent, Uzbekistan. Specialists discussed various aspects of modern problems of relativistic nuclear physics and physics of atomic nuclei, solid state physics, various applications of new materials. More than 225 talks were presented in the meeting. (k.m.)

  3. Collaborative Problem-Solving Environments; Proceedings for the Workshop CPSEs for Scientific Research, San Diego, California, June 20 to July 1, 1999

    Energy Technology Data Exchange (ETDEWEB)

    Chin, George

    1999-01-11

    A workshop on collaborative problem-solving environments (CPSEs) was held June 29 through July 1, 1999, in San Diego, California. The workshop was sponsored by the U.S. Department of Energy and the High Performance Network Applications Team of the Large Scale Networking Working Group. The workshop brought together researchers and developers from industry, academia, and government to identify, define, and discuss future directions in collaboration and problem-solving technologies in support of scientific research.

  4. 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.

  5. 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.

  6. 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

  7. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    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

  8. 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)

  9. Proceedings of Republic conference (with participation of scientists from Commonwealth of Independent States countries) 'Modern problems of semiconductor physics', dedicated for twentieth anniversary of independence of Republic Uzbekistan

    International Nuclear Information System (INIS)

    Matchanov, A.T.; Tagaev, M.B.; Ismaylov, K.A.

    2011-11-01

    Republic conference with participation of scientists from Commonwealth of Independent States countries 'Modern problems of semiconductor physics', dedicated for twentieth anniversary of independence of Republic Uzbekistan was held on 23-25 November, 2011 in Nukus, Uzbekistan. Specialists and young scientists from universities and academic research institutes discussed various aspects of modern problems of semiconductor physics. More than 100 talks were presented in the meeting on the following subjects: solid state physics, physics of condensed matter and nano materials; educational tools and information technologies. (K.M.)

  10. 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

  11. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

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

  12. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  13. Proceedings of international scientific conference 'Sakharov readings 2004: Environmental problems of the XXI century'; Materialy mezhdunarodnoj nauchnoj konferentsii 'Sakharovskie chteniya 2004 goda: Ehkologicheskie problemy XXI veka'

    Energy Technology Data Exchange (ETDEWEB)

    Kundas, S P; Chudakov, V A [International A. Sakharov Environmental Univ., Minsk (Belarus)

    2004-05-01

    The present publication represents the collection of materials of a scientific conference, which was organized by Ministry for Education of the Republic of Belarus on the basis of International A. Sakharov Environmental University (Minsk, Republic of Belarus). The ecological problems were viewed on the following directions: medical and biological ecology, radioecology and ecological monitoring, eco priority power engineering, social ecology.

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

    Directory of Open Access Journals (Sweden)

    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.

  15. 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...

  16. Gerenciamento de riscos na prática ortodôntica: como se proteger de eventuais problemas legais Risk management in orthodontic practice: how to avoid legal problems

    Directory of Open Access Journals (Sweden)

    Ricardo Machado Cruz

    2008-02-01

    Full Text Available INTRODUÇÃO: A relação profissional-paciente na área de Ortodontia e Ortopedia facial é bastante desgastante face à longa duração dos tratamentos e, por causa disso, muitas vezes essa relação pode se deteriorar trazendo prejuízos a ambas as partes. OBJETIVO: Este trabalho visa informar o leitor, em linguagem acessível, sobre os principais problemas jurídicos que podem envolver o ortodontista em sua prática profissional, nas esferas cíveis, criminais e trabalhistas, bem como dos Conselhos Regionais de Odontologia. METODOLOGIA: Traça um perfil da atividade profissional em Ortodontia, analisa deveres e direitos do profissional e do paciente e estabelece alguns conceitos de gerenciamento de riscos a serem incorporados à clínica diária. RESULTADO E CONCLUSÃO: Além de trabalhar bem tecnicamente e com bom embasamento científico, o ortodontista atual deve saber como se prevenir de eventuais problemas legais. Este trabalho poderá servir como ferramenta de consulta para o estabelecimento de uma nova rotina clínica, administrativa e de relacionamento que seja mais segura do ponto de vista jurídico.INTRODUCTION: The professional relationship between the orthodontist and his patient is very consuming due to the long duration of clinical treatments. Frequently this relationship can be deteriorated causing damages to both sides. AIM: This paper aims to inform the reader, in an accessible language, about the main juridical problems that can involve the orthodontist in his practice, in the field of civil, criminal and labor law. METHODOLOGY: This paper draws the outline of professional activity in orthodontics, analyses obligations and rights of both orthodontists and patients and establishes some concepts of risk management that should be incorporated to the clinical practice. RESULTS AND CONCLUSION: Besides technically good and scientifically based work, orthodontists should know how to avoid legal problems. This paper can be an

  17. 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...

  18. Finite element flow analysis; Proceedings of the Fourth International Symposium on Finite Element Methods in Flow Problems, Chuo University, Tokyo, Japan, July 26-29, 1982

    Science.gov (United States)

    Kawai, T.

    Among the topics discussed are the application of FEM to nonlinear free surface flow, Navier-Stokes shallow water wave equations, incompressible viscous flows and weather prediction, the mathematical analysis and characteristics of FEM, penalty function FEM, convective, viscous, and high Reynolds number FEM analyses, the solution of time-dependent, three-dimensional and incompressible Navier-Stokes equations, turbulent boundary layer flow, FEM modeling of environmental problems over complex terrain, and FEM's application to thermal convection problems and to the flow of polymeric materials in injection molding processes. Also covered are FEMs for compressible flows, including boundary layer flows and transonic flows, hybrid element approaches for wave hydrodynamic loadings, FEM acoustic field analyses, and FEM treatment of free surface flow, shallow water flow, seepage flow, and sediment transport. Boundary element methods and FEM computational technique topics are also discussed. For individual items see A84-25834 to A84-25896

  19. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  20. 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.

  1. 4. International Conference on Current Problems in Nuclear Physics and Atomic Energy (NPAE-Kyiv2012). Proceedings. Part I and Part II

    International Nuclear Information System (INIS)

    Vyshnevskyi, Ivan M.

    2012-01-01

    Such wide area of topics, discussed during the Conference, is closely connected with the interests of our country to develop the fundamental research in the field of nuclear physics, which is the base of nuclear energy. The purpose of the Conference was to bring together scientists to share their knowledge in the current problems in nuclear physics and atomic energy. consideration of the spherical ground-state proton emitters, while nuclear deformations are supposed to be further included by standard way

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

    Directory of Open Access Journals (Sweden)

    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.

  3. Controlling Legal Risk for Effective Hospital Management

    Directory of Open Access Journals (Sweden)

    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.

  4. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  5. 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.

  6. 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...

  7. 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 ...

  8. 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...

  9. [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.

  10. [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.

  11. 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.

  12. Proceedings of the meeting of a task force on problems of rare events in the reliability analysis of nuclear power plants

    International Nuclear Information System (INIS)

    1976-01-01

    In safety problems of nuclear plants interest centres on various types of rare events. These may extend from rare modes of failures in the component parts of the system and plant, the simultaneous occurrence of a very low resistance of a structural member and an extremely high load, to rare catastrophic failures which affect whole plant and system complexes. The obvious need is therefore to understand the patterns of behaviour of these events in space and time domains and be able to make some adequate estimate of their probability of occurrence. In 1975, a Task Force of Experts on the Statistical Analysis of Rare Events in Nuclear Installations was set up, its main objective being to explore methods for handling the problems of reliability analysis involving rare events. The main topic area of the Ispra meeting concerns the statistical analysis of structures such as containment and pressure vessels, automatic protection systems, and allied items, with a view to giving a quantified probabilistic statement on particular reliability characteristics. The particular subjects covered by the invited experts who would normally be working in specialized fields, includes, specifically, statistical modelling of rare events, decision theory applied to rare events, small sampling theory in the case of rare events. Man-made phenomena as well as natural phenomena are also considered, as they involve different approaches to modelling. 22 papers are presented, with reports on group discussions

  13. 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

  14. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  15. Conference proceedings

    African Journals Online (AJOL)

    ebutamanya

    2016-02-29

    Feb 29, 2016 ... In addition, there are persistent problems with leadership and planning, vaccine stock management, supply chain capacity and quality, provider-parent communication, and financial sustainability. The conference delegates agreed to move from talking to taking concrete actions around children's health, and ...

  16. Workshop proceedings

    DEFF Research Database (Denmark)

    , etc.) as well as dedicated comparisons of content-based techniques with collaborative filtering in different domains. Other relevant topics included opinion mining for text/book recommendation, semantic recommendation, content-based recommendation to allevi- ate cold-start problems, as well...

  17. The risk to be tolerated and the limits of practical rationality - problems involved in nuclear licensing. - Are there prerogatives of the administration in decision-making. Fundamental criticism of the undefined legal concept in the law pertaining to plant licinsing

    International Nuclear Information System (INIS)

    Wolf, R.

    1986-01-01

    This chapter discusses in detail the litigation and court decisions in nuclear energy matters, with particular attention being given to the scope and distinctness of juristic interpretations of vaguely defined legal concepts, and to the definition of the 'risk to be tolerated'. Especially the court decisions on the nuclear power plant licences for the installations at Wuergassen, Wyhl, Grafenrheinfeld and Kalkar are reviewed under the following aspects: How safe is safe enough - bursting resistance - risk prevention and practical rationality - limits of scientific research into risk probability - fundamental criticism to be raised against vaguely defined legal terms and concepts in the law governing the licensing of nuclear installations. (HSCH) [de

  18. 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

  19. 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

  20. 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

  1. Imaging Sciences Workshop Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Candy, J.V.

    1996-11-21

    This report contains the proceedings of the Imaging Sciences Workshop sponsored by C.A.S.LS., the Center for Advanced Signal & Image Sciences. The Center, established primarily to provide a forum where researchers can freely exchange ideas on the signal and image sciences in a comfortable intellectual environment, has grown over the last two years with the opening of a Reference Library (located in Building 272). The Technical Program for the 1996 Workshop include a variety of efforts in the Imaging Sciences including applications in the Microwave Imaging, highlighted by the Micro-Impulse Radar (MIR) system invented at LLNL, as well as other applications in this area. Special sessions organized by various individuals in Speech, Acoustic Ocean Imaging, Radar Ocean Imaging, Ultrasonic Imaging, and Optical Imaging discuss various applica- tions of real world problems. For the more theoretical, sessions on Imaging Algorithms and Computed Tomography were organized as well as for the more pragmatic featuring a session on Imaging Systems.

  2. Fluid injection for salt water disposal and enhanced oil recovery as a potential problem for the WIPP: Proceedings of a June 1995 workshop and analysis

    International Nuclear Information System (INIS)

    Silva, M.K.

    1996-08-01

    The Waste Isolation Pilot Plant (WIPP) is a facility of the U.S. Department of Energy (DOE), designed and constructed for the permanent disposal of transuranic (TRU) defense waste. The repository is sited in the New Mexico portion of the Delaware Basin, at a depth of 655 meters, in the salt beds of the Salado Formation. The WIPP is surrounded by reserves and production of potash, crude oil and natural gas. In selecting a repository site, concerns about extensive oil field development eliminated the Mescalero Plains site in Chaves County and concerns about future waterflooding in nearby oil fields helped eliminate the Alternate II site in Lea County. Ultimately, the Los Medanos site in Eddy County was selected, relying in part on the conclusion that there were no oil reserves at the site. For oil field operations, the problem of water migrating from the injection zone, through other formations such as the Salado, and onto adjacent property has long been recognized. In 1980, the DOE intended to prohibit secondary recovery by waterflooding in one mile buffer surrounding the WIPP Site. However, the DOE relinquished the right to restrict waterflooding based on a natural resources report which maintained that there was a minimal amount of crude oil likely to exist at the WIPP site, hence waterflooding adjacent to the WIPP would be unlikely. This document presents the workshop presentations and analyses for the fluid injection for salt water disposal and enhanced oil recovery utilizing fluid injection and their potential effects on the WIPP facility

  3. 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.

  4. 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.

  5. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

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

  6. Collective legal protection: The European approach

    Directory of Open Access Journals (Sweden)

    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

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  9. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  10. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  11. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  12. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  13. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

  14. Legal and Administrative Problems of Controlling the Disposal of Nuclear Wastes in the Sea; Problemes Juridiques et Administratifs Poses par le Controle de l'Elimination des Dechets Nucleaires dans la Mer; 041f 0420 041e 0414 ; Problemas Juridicos y Administrativos que Plantea el Control de la Evacuacion de Desechos Nucleares En El Mar

    Energy Technology Data Exchange (ETDEWEB)

    Hydeman, Lee M.; Berman, William H. [Atomic Energy Research Project, University of Michigan Law School (United States)

    1960-07-01

    The basic purpose of the paper is to present some approaches to multinational control of the sea disposal of nuclear wastes, considering both the type of international .control which may be appropriate and the means for accomplishing such control. First, the authors give a brief description of the kind of control which appears to be necessary in protecting public health against the hazards of the disposal of wastes in the sea. The second part consists of a general analysis of the legal problems posed by nuclear wastes. Emphasis is placed on the authority of coastal states to impose unilateral control on the disposal of wastes by other nations if such disposal might adversely affect their interests. The authors inquire into the adequacy of legal remedies as well as the possible rule of law regarding the prevention of damage from waste disposal and the apportionment of liability in the event that such damage does occur. The third part is an analysis of how other problems of control have been handled, both unilaterally and multilaterally. The final part consists of an inquiry into various means of internationally controlling the sea disposal of nuclear wastes. The role of existing international bodies in the maintenance of continuing administrative control at the international level is mentioned. (author) [French] Le but essentiel du memoire est d'exposer diverses facons d'envisager le probleme du controle multinational de l'evacuation des dechets nucleaires dans l'eau de mer, en examinant a la fois le type de controle international approprie et les moyens de le mettre en oeuvre. La premiere partie contiendra une description succincte du genre de controle qui semble necessaire pour la protection de la sante publique contre les effets de l'evacuation des dechets dans la mer. La deuxieme partie consistera en une analyse generale des problemes juridiques poses par. l'elimination des dechets nucleaires. Les auteurs traiteront particulierement du droit des Etats riverains

  15. 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.

  16. 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)

  17. 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.

  18. 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...

  19. 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...

  20. 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.

  1. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  2. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  3. 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.

  4. 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

  5. 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.

  6. THE COMPLAINT ABOUT THE PROTRACTION OF PROCEEDINGS

    Directory of Open Access Journals (Sweden)

    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.

  7. Intelligence as evidence in criminal proceedings

    Directory of Open Access Journals (Sweden)

    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.

  8. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  9. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  10. 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.

  11. 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.).

  12. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  13. 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.

  14. 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.

  15. 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 ...

  16. 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 ...

  17. 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.

  18. 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 ...

  19. The principle of state sovereignty in the Agreement on the Guarani Aquifer and legal problems specific to Argentina; El principio de la soberania estatal en el Acuerdo sobre el Acuifero Guarani. Problemas juridicos particulares de la Argentina

    Energy Technology Data Exchange (ETDEWEB)

    Apesteguia, G. J.

    2012-11-01

    The Agreement on the Guarani Aquifer (AGA) devotes its first three articles specifically to the state sovereignty of the parties with regard to the Guarani Aquifer System (GAS). The AGA reveals its intention to establish two inherent points concerning dominion over the water resource in question: the first refers to the ownership of the GAS by the parties involved (without the Agreements expressly alluding in its Art. 1 to the territorial scope of this dominion, as it does in the following point), and the second refers to the implementation of the law, which, according to Art. 2, subordinates it to constitutional and legal requirements and pursuant to the rules of applicable international law, a passage which leaves us with two questions: Does it entail an order of regulatory precedence? is international law reduced to the observance of legal precedents? For Argentina, the ruling in Art. 2 of the AGA will require great efforts to reconcile its legislative and judicial criteria on the two points mentioned: ownership and the environmental aspects of the different activities allowed on the surface above the GAS. In my opinion, Argentina must tackle the following legal issues: a) To amend the Civil Code (resolving the matter of the extent of the private dominion belonging to the owner of the ground above the groundwater); b) To legislate on aquifers at the federal level, bearing in mind the existing state norms; c) To restrict the access to and use of the GAS to the local people, being as it is the only resource of water for many communities. (Author)

  20. 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.

  1. 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.

  2. 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.

  3. Based on Civil Law Perspective of Study on the Legal Problems of the Protection of Personal Information%民法角度下个人信息保护的相关问题探讨

    Institute of Scientific and Technical Information of China (English)

    李宁; 贾茜

    2017-01-01

    With the rapid development of society,in recent years,people's personal information has been illegally collected for illegal channels,personal information is no longer used to steal the use of more and more.However,there is no definite legal provision in the existing legal provisions of personal information,and the existence of its legal system is almost blank,leading to more and more information theft cases.For China's current personal information protection issues,a variety of civil law scholars say that the reason,or because of the current law of China's lack of civil law and the relevant departments of the supervision of dereliction of duty.Leading to the protection of the current personal information in China is facing a grim situation.To clarify the current legal provisions of the protection of personal information,it is necessary to personal information on the rule of law attributes of the analysis of personal information that the privacy rights and other issues.But the personal information is still in a framework of the concept of rights,it must be explained for the concept,it is more conducive to the legal positioning of personal information protection,to achieve the protection of personal information rights and interests,so as to effectively achieve the personal information of the property theory to protect the continuation The Through the elaboration of the theoretical development and the present situation of the personal information right,this article analyzes the dilemma faced by the current personal information protection in our country,so as to explore the way to effectively protect the personal information.%随着社会的飞速发展,近年来,人们的个人信息被非法采集用于非法途径,个人信息无端被盗窃使用的行为越来越多.但是我国目前对于个人信息没有确切的法律规定,其法律制度的存在作用近乎空白,导致越来越多的信息盗窃侵权案件发生.对于我国当前的个人信息保护

  4. 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.

  5. 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.

  6. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  7. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  8. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  9. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  10. 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

  11. 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.

  12. 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.

  13. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  14. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  15. 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

  16. 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

  17. Self-marketing and self-consumption by third parties according to the EEG. Practical and legal problems of marketing and selling of self-produced solar electricity; Eigenvermarktung und Selbstverbrauch durch Dritte nach EEG. Praktische und rechtliche Fragen der Veraeusserung selbsterzeugten Solarstroms

    Energy Technology Data Exchange (ETDEWEB)

    Hahn, Christopher; Naumann, Daniel [Luther Rechtsanwaltsgesellschaft mbH, Leipzig (Germany)

    2012-07-01

    According to Section 33 No. 2 p. 1 EEG, reimbursement for photovoltaic power generation must be granted also if a third party consumes the generated power in the immediate vicinity in the plant and is able to prove it. The wording of the law is ambiguous as 'third party' and 'self-consumption' do not immediately specify when a right to reimbursement has arisen and when not. The contribution attempts to help with the solution of these interpretation problems and also throws a light on the rights and obligations of a PV plant owner in general. The high practical relevance of the issue is also reflected in the fact that the legal problems discussed here were implemented, and solved to a large extent, in the amendment of the EEG that came into force on 1 January 2012.

  18. 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.

  19. 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.

  20. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    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.

  1. 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...

  2. 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

  3. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  4. 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...

  5. 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 ...

  6. 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)

  7. 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....

  8. 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…

  9. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  10. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  11. 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.

  12. 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.

  13. 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.

  14. 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...

  15. IPHE Infrastructure Workshop Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    None

    2010-02-01

    This proceedings contains information from the IPHE Infrastructure Workshop, a two-day interactive workshop held on February 25-26, 2010, to explore the market implementation needs for hydrogen fueling station development.

  16. Radiofrequency plasma heating: proceedings

    International Nuclear Information System (INIS)

    Swenson, D.G.

    1985-01-01

    The conference proceedings include sessions on Alfven Wave Heating, ICRF Heating and Current Drive, Lower Hybrid Heating and Current Drive, and ECRF Heating. Questions of confinement, diagnostics, instabilities and technology are considered. Individual papers are cataloged separately

  17. Proceedings of oceans '91

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    This volume contains the proceedings of the Oceans '91 Conference. Topics addressed include: ocean energy conversion, marine communications and navigation, ocean wave energy conversion, environmental modeling, global climate change, ocean minerals technology, oil spill technology, and submersible vehicles

  18. A problemática atinente às limitações do mero reconhecimento legal dos direitos humanos: a dignidade humana, para além do individualismo liberal, enquanto discurso legitimador sobre os fundamentos morais

    Directory of Open Access Journals (Sweden)

    Suélen Farenzena

    2014-04-01

    Full Text Available O presente texto tem por objetivo analisar os limites do mero reconhecimento legal dos direitos humanos, demonstrando que a fundamentação desses constitui sua chave de proteção, efetivação e realização. O estudo propõe-se a demonstrar que o sistema positivo do direito, dissociado de valores morais, não é suficiente para proteção dos direitos humanos, evidenciando, em conseqüência, que para se efetivar a proteção desses direitos há de se encontrar um marco, um fundamento teórico-racional que a justifique, construído a partir da constatação de que os direitos humanos remetem a exigências imprescindíveis para a vida da pessoa humana, que, tento em vista a pretensão de universalidade, não pode restringir-se ao contexto ideológico do liberalismo.

  19. 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.

  20. 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

  1. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  2. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  3. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  4. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  5. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  6. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  7. 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.

  8. 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…

  9. 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

  10. 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.

  11. 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

  12. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

  13. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)

  14. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage

  15. 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...

  16. 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

  17. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  18. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

  19. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

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

  20. 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...

  1. 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.

  2. 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.

  3. 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.

  4. 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

  5. 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.

  6. 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, ...

  7. Testamental inheritance: Just a legal osmosis?

    Directory of Open Access Journals (Sweden)

    Đorđević-Crnobrnja Jadranka

    2011-01-01

    Full Text Available Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.

  8. Dust and radon: the legal implications

    International Nuclear Information System (INIS)

    Van Sittert, J.M.O.

    1990-01-01

    It is known that radon gas is not generally considered to be a major problem when encountered in the working environment. However, in its process of decay, a series of four short lived daughter products are formed. In a dust-laden atmosphere these daughter products, which are ionized readily, attach to the particulate material and when inhaled are deposited in the alveoli of the lungs. Therefore, if respirable dust is controlled, the effects of radon daughters will also be minimized. The legal requirements for dust control in South Africa and their implications are discussed. 1 ill

  9. 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

  10. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  11. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

    Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

  12. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...

  13. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.

  14. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

  15. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  16. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  17. 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

  18. 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

  19. Conference proceedings ISES 2014

    DEFF Research Database (Denmark)

    Christensen, Janne Winther; Peerstrup Ahrendt, Line; Malmkvist, Jens

    The 10th Internatinal Equitation Science Conference is held i Denmark from August 6th - 9th 2014. This book of proceedings contaions abstracts of 35 oral and 57 poster presentations within the conference themes Equine Stress, Learning and Training as well as free papers.......The 10th Internatinal Equitation Science Conference is held i Denmark from August 6th - 9th 2014. This book of proceedings contaions abstracts of 35 oral and 57 poster presentations within the conference themes Equine Stress, Learning and Training as well as free papers....

  20. 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

  1. 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.

  2. 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

  3. PCaPAC 2006 Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Pavel Chevtsov; Matthew Bickley (Eds.)

    2007-03-30

    The 6-th international PCaPAC (Personal Computers and Particle Accelerator Controls) workshop was held at Jefferson Lab, Newport News, Virginia, from October 24-27, 2006. The main objectives of the conference were to discuss the most important issues of the use of PCs and modern IT technologies for controls of accelerators and to give scientists, engineers, and technicians a forum to exchange the ideas on control problems and their solutions. The workshop consisted of plenary sessions and poster sessions. No parallel sessions were held.Totally, more than seventy oral and poster presentations as well as tutorials were made during the conference, on the basis of which about fifty papers were submitted by the authors and included in this publication. This printed version of the PCaPAC 2006 Proceedings is published at Jefferson Lab according to the decision of the PCaPAC International Program Committee of October 26, 2006.

  4. 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.

  5. 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.

  6. 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.

  7. [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.

  8. FINPIE/97. Workshop proceedings

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-31

    This publication contains the proceedings of 1997 Finnish Workshop on Power and Industrial Electronics, held in Espoo, Finland, on 26 August, 1997. The programme consisted of technical sessions on Advanced AC Motor Control, Electric Machines and Drives, Advanced Control and Measurement, Power Electronics Systems, Modelling and Simulation, and Power Converters

  9. EMAC Proceedings, Academic Sessions

    DEFF Research Database (Denmark)

    1997-01-01

    The EMAC Proceedings contains many papers related to digital information processing and telecommunications, reflecting the importance of the telecommunications industry, but also many papers on sensor systems and control systems are included. The papers come from all over Europe, from within...

  10. [Legal statutes on sterilization].

    Science.gov (United States)

    Zupancic, K

    1980-01-01

    Sterilization in Yugoslavia is no population policy measure. Decision about the birth of children is free, a private problem of any individual, a basic right guaranteed by the Constitution. However, according to certain laws in Slovenia and Croatia, sterilization is allowed as a family planning method in persons over 35 year old. Only exceptionally can sterilization be applied in persons younger than 35 years: according to the Slovenian law, in cases when a person lacks the capacity of reasoning and also when there are medical indications, and according to the Croatian law, when there are medical and eugenic reasons (if the child is supposed to be born with negative congenital properties).

  11. 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.

  12. 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).

  13. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  14. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  15. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

    justified to re-establish the disturbed order and grant appropriate compensation. In this way, the rules of law which underlies the broken legal order are restored to their social role and functions. And the mission of law, to regulate and direct human behaviour, in the required way of solving necessary social problems can find fulfilment.

  16. 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 ...

  17. 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.…

  18. 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

  19. 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.

  20. 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.

  1. 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.

  2. 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…

  3. 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

  4. LEGAL AND INSTITUTIONAL FRAMEWORK OF MEDIATION IN REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

  6. INCRIMINATING THE CONFLICT OF INTERESTS IN ROMANIA: RECENT LEGAL DEVELOPMENTS

    Directory of Open Access Journals (Sweden)

    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.

  7. 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

  8. 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.

  9. 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.

  10. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  11. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

    Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

  12. 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.

  13. 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)

  14. 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...

  15. 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.

  16. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

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

  17. 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...

  18. 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...

  19. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

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

  20. Competitive Legal Professionals' use of Technology in Legal ...

    African Journals Online (AJOL)

    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 ...

  1. 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…

  2. 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

  3. 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.

  4. 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.

  5. Quantum interaction. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Bruza, Peter [Queensland Univ. of Technology, Brisbane (Australia). Faculty of Science and Technology; Sofge, Donald [Navy Center for Applied Research in Artificial Intelligence, Washington, DC (United States). Naval Research Lab.; Lawless, William [Paine Coll., Augusta, GA (United States); Rijsbergen, Keith van [Glasgow Univ. (United Kingdom). Dept. of Computing Science; Klusch, Matthias (eds.) [German Research Center for Artificial Intelligence, Saarbruecken (Germany)

    2009-07-01

    This book constitutes the refereed proceedings of the Third International Symposium on Quantum Interaction, QI 2009, held in Saarbruecken, Germany, in March 2009. The 21 revised full papers presented together with the 3 position papers were carefully reviewed and selected from numerous submissions. The papers show the cross-disciplinary nature of quantum interaction covering topics such as computation, cognition, decision theory, information retrieval, information systems, social interaction, computational linguistics and finance. (orig.)

  6. Workshop UNK-600 (proceedings)

    International Nuclear Information System (INIS)

    Zajtsev, A.M.; Bitykov, S.I.

    1994-01-01

    Proceedings are presented of the workshop devoted to the accelerating storage complex of IHEP (UNK-600). In the first section is given the information on the present status of the UNK-600 and particle channels design and on the adopted experiment NEPTUN-A. In the papers of the second section are discussed hadron physics investigations at 600 GeV. Experiments in the neutrino and muon beams are analyzed. A possible program of studying the charged kaon rare decays is described

  7. Quantum interaction. Proceedings

    International Nuclear Information System (INIS)

    Bruza, Peter; Rijsbergen, Keith van

    2009-01-01

    This book constitutes the refereed proceedings of the Third International Symposium on Quantum Interaction, QI 2009, held in Saarbruecken, Germany, in March 2009. The 21 revised full papers presented together with the 3 position papers were carefully reviewed and selected from numerous submissions. The papers show the cross-disciplinary nature of quantum interaction covering topics such as computation, cognition, decision theory, information retrieval, information systems, social interaction, computational linguistics and finance. (orig.)

  8. 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

  9. Managing Environmental Interests: Decision Patterns within the Italian Legal System

    International Nuclear Information System (INIS)

    Fracchia, F.

    2008-01-01

    The article deals with the main patterns established by the Italian legal system with respect to the decisions regarding environmental issues. After outlining the most important theories related to the problem of the juridical definition of the environment, as well as the constitutional context, which assigns the environmental protection to the competence of the State, the analysis singles out five different models. The first one is the result of the application of the environmental principles established by the European sources and enforced by the Italian Law; in this regard, in particular, the precautionary principle interferes with the usual way through which the Public Entities take their final decisions. The second pattern embodies the idea according to which the environment is a prominent value, capable of prevailing over other values and interests. The third one, starting from the same assertion (the environmental interest must win), adds that it must only be assessed by technical bodies with a specific competence. The fourth model is based upon the premise that the environmental proceedings cannot be simplified, so that some legal tools such as 'Conferenza di Servizi', silence and so on, cannot be applied in this field. The last pattern considers the possibility for Bodies different from the State (such as the Regions) to regulate the environmental issues, thus introducing stricter levels of protection of the environment. The article underlines that the size of this competence strictly depends on the notion of protection of the environment that is used (in any case, the Constitutional Court, since the fundamental decision n. 407 of 26 July 2002, considering the environment as a sort of transversal matter, has ruled that important room for regional legislative power does exist). Very often there is a sort of subsidiarity, since in the first place the technical bodies have the competence to take care of the environmental interest, while the bureaucracy or the

  10. Integrating Multimedia and Physics Problems

    Science.gov (United States)

    Titus, Aaron P.

    1997-11-01

    Although expert problem solvers typically use pictorial representations when solving problems, novices tend to proceed from the given problem statement to a mathematical solution without first developing a visual representation of the problem. For this reason, multimedia may be an effective tool to enhance students' success at solving problems. However, merely presenting a video of motion described in a problem is not necessarily the most effective method as was found in a recent study of students' responses on Web-based homework questions. Rather, multimedia-focused problems, where data relevant to solving the problem is embedded in a video or animation, may be the best use of multimedia in problem solving. Examples of multimedia-enhanced problems and multimedia-focused problems will be demonstrated, and their differences from "traditional" problems will be highlighted. Recommendations on the use of multimedia with problem solving and preliminary data on students' success at solving these problems will be discussed.

  11. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

    Clearwater, S.W.; Scanlon, J.M.

    1991-01-01

    Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

  12. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery

  13. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...

  14. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

    of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  15. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

    Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)

  16. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

    Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)

  17. Towards a Legal Recommender System

    NARCIS (Netherlands)

    Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.

    2014-01-01

    In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,

  18. PLEDGES OF A LEGAL ACADEMIC

    African Journals Online (AJOL)

    eliasn

    Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...

  19. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

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

  20. Citizen Access to Legal Information.

    Science.gov (United States)

    Andrus, Kay L.

    1987-01-01

    Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

  1. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

    Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law

  2. 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

  3. Coal, energy and environment: Proceedings

    International Nuclear Information System (INIS)

    Mead, J.S.; Hawse, M.L.

    1994-01-01

    This international conference held in Czechoslovakia was a bold attempt to establish working relationships among scientists and engineers from three world areas: Taiwan, the United States of America, and Czechoslovakia. The magic words unifying this gathering were ''clean coal utilization.'' For the ten nationalities represented, the common elements were the clean use of coal as a domestic fuel and as a source of carbon, the efficient and clean use of coal in power generation, and other uses of coal in environmentally acceptable processes. These three world areas have serious environmental problems, differing in extent and nature, but sufficiently close to create a working community for discussions. Beyond this, Czechoslovakia is emerging from the isolation imposed by control from Moscow. The need for each of these nations to meet and know one another was imperative. The environmental problems in Czechoslovakia are extensive and deep-seated. These proceedings contain 63 papers grouped into the following sections: The research university and its relationship with accrediting associations, government and private industry; Recent advances in coal utilization research; New methods of mining and reclamation; Coal-derived waste disposal and utilization; New applications of coal and environmental technologies; Mineral and trace elements in coal; Human and environmental impacts of coal production and utilization in the Silesian/Moravian region; and The interrelationships between fossil energy use and environmental objectives. Most papers have been processed separately for inclusion on the data base

  4. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    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.

  5. Proceedings of the Fourth Compton Symposium. Proceedings

    International Nuclear Information System (INIS)

    Dermer, C.D.; Strickman, M.S.; Kurfess, J.D.

    1997-01-01

    These proceedings represent the papers presented at the Fourth Compton Symposium held in Williamsburg, Virginia in April, 1997. This symposium gives the latest development in gamma ray astronomy and summarizes the results obtained by the Compton Gamma Ray Observatory. One of the missions of the Observatory has been the study of physical processes taking place in the most dynamic sites in the Universe, including supernovae, novae, pulsars, black holes, active galaxies, and gamma-ray bursts. The energies covered range from hard X-ray to gamma-ray regions from 15 KeV to 30 GeV. The Burst and Transient Experiment (BASTE) measures brightness variations in gamma-ray bursts and solar flares. The Oriented Scintillation Spectroscopy Experiment (OSSE), measures spectral output of astrophysical sources in the 0.05 to 10 MeV range. The Imaging Compton Telescope (COMPTEL) detects gamma-rays and performs sky survey in the energy range 1 to 30 MeV. The Energetic Gamma Ray Experiment Telescope (EGRET) covers the broadest energy range from 20 MeV to 30 GeV. The papers presented result from all of the above. There were 249 papers presented and out of these, 6 have been abstracted for the Energy, Science and Technology database

  6. 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.

  7. 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

  8. 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.

  9. 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.

  10. 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.

  11. 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

  12. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  13. 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'. ...

  14. 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.

  15. 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.

  16. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  17. 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.

  18. Photoreactors for Solving Problems of Environmental Pollution

    Science.gov (United States)

    Tchaikovskaya, O. N.; Sokolova, I. V.

    2015-04-01

    Designs and physical aspects of photoreactors, their capabilities for a study of kinetics and mechanisms of processes proceeding under illumination with light, as well as application of photoreactors for solving various applied problem are discussed.

  19. Legal problems of waste treatment in German atomic energy facilities

    International Nuclear Information System (INIS)

    Pfaffelhuber, J.K.

    1980-01-01

    The execution of the strategies of waste treatment and disposal calls for the laws and regulations on the obligations of the owners of equipments and facilities and of the state for securing safety and the final elimination of radioactive wastes, which are defined mainly in Article 9 of Atomgesetz and Section 2 (Article 44 - 48) of the order on protection from radiation. The owners of equipments and facilities of atomic energy technology shall limit the emission of radiation to about 6% of internationally permissible values, avoid uncontrolled emission without fail, inspect emission and submit reports yearly to government offices. The owners have attention obligations to utilize harmlessly produced radioactive residues and the expanded or dismantled parts of radioactive equipments or to eliminate orderly such things as radioactive wastes, only when such utilization is unable technically or economically, or not adequate under the protection aims of Atomgesetz. The possessors of radioactive wastes shall deliver the wastes to the accumulation places of provinces for intermediate storage, to the facilities of the Federal Republic for securing safety or final storage, or the facilities authorized by government offices for the elimination of radioactive wastes. Provinces shall install the accumulation places for the intermediate storage of radioactive wastes produced in their territories, and the Federal Republic shall set up the facilities for securing safety and the final elimination of radioactive wastes (Article 9, Atomgesetz). (Okada, K.)

  20. No Snow? No Problem! Ski Statutes Still Provide Legal Protection

    Science.gov (United States)

    Buckmaster, Melanie E.; Young, Sarah J.

    2018-01-01

    In August 2012, Barbara Fakhouri visited Ober Gatlinburg, a ski resort located in eastern Tennessee to vacation with her family. Ms. Fakhouri used a wheelchair to ambulate. Despite the absence of snow on the ground, the resort operated year-round with many amenities such as an amusement park, restaurant, lounge, and shopping center to captivate…