Civil Law Legal Assistance: Lawyers Study Guide

National Research Council Canada - National Science Library

1999-01-01

.... Some topics discussed in this volume include interviewing and client counseling, preventive law programs, estate planning, family support, family law, separation agreements, consumers laws, income tax law, and a discussion of legislation such as the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses Protection Act.

32 CFR 516.12 - Service of civil process outside the United States.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of civil process outside the United... AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.12 Service of civil process outside the United States. (a) Process of foreign courts. In foreign countries service of process...

32 CFR 516.10 - Service of civil process within the United States.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of civil process within the United States... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.10 Service of civil process within the United States. (a) Policy. DA officials will not prevent or evade the service or process in...

The model for evaluation of the effectiveness of civil service modernization

Directory of Open Access Journals (Sweden)

O. A. Lyndyuk

2016-09-01

Full Text Available The effectiveness of the civil service modernization depends on the timely implementation of control measures and evaluating of the effectiveness of modernization processes and system components. The article analyzes the basic problems of evaluation the effectiveness of civil service modernization and scientific papers on these issues. The basic theoretical approaches to the definition of «assessment» and «evaluation» are studied. Existing theoretical and methodological approaches to the assessment process are analyzed and summarized, the main methods of evaluating the effectiveness of the civil service modernization and the most common assessment methods are defined. Eligible for evaluating the effectiveness of civil service modernization are special analytical techniques: functional review, Balanced Scorecard, taxonomic analysis, Key Performance Indicators, methods of multivariate analysis and others. Among the methods of studying consumer expectations about the effectiveness of the civil service modernization such ones are singled out: questionnaires, surveys, interviews, testing, monitoring, analysis of statistical sources, contents of documents, reports and regulatory framework and others. The methods of improving efficiency include: benchmarking, reengineering, performance assessment models and more. The importance of gradual replacement of cost evaluation methods by the results evaluation method is determined. It was shown the need for a comprehensive balanced scorecard to evaluate. With a view to the mutual agreement of principles, mechanisms and instruments for evaluating the effectiveness of civil service modernization the expediency of a systematic, targeted, synergistic, process, situational, strategic and resource approaches is grounded. Development of theoretical concepts and methodological principles of evaluating the effectiveness of civil service modernization should be based on the harmonious combination (integration of all

Humanization of the civil service in the context of the European integration of Ukraine

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O. A. Lyndyuk

2017-03-01

Full Text Available European integration of Ukraine requires new philosophy of governance modernization and organization, an effective functioning of the civil service system. The urgency of the implementation of humanization approach is a priority for modernization of the national civil service system. The problem of humanization of the civil service in the context of the European integration of Ukraine has been studied in the article. The essence of concepts of «humanism» and «humanization of the civil service» has been considered. Humanism is understood as reflected anthropocentrism, with the human being the object with the highest value. The term «humanization of the civil service» means a deliberate reorientation of the civil service and its objects to recognize a human as an absolute value, «a measure of all things» and to meet the vital needs of society, creating conditions for its full self-realization and ensuring sustainable human development. The civil service must guarantee the security and stability of life and protect rights, freedoms and interests of each individual. Humanization of civil service is also determined as strengthening the rights and freedoms of civil servants, special protection of their dignity and the formation of new humanistic principles of civil service. The features of humanization of the national civil service have been analyzed. It has been found that the human is considered to be the highest value and the content and direction of civil servants activity is determined by ensuring his rights and freedoms. The necessity of changing the priorities of civil service modernization on the basis of humanization, orientation on meeting the needs of human and citizen, as well as creating conditions for closer implementation of national civil service standards to those used in the European Union has been proved. Changes in the philosophy of the civil service of Ukraine should be directed to «serving people», functioning of «service

POLITICAL FACTORS OF NSTITUTIONAL TRANSFORMATION OF RUSSIAN PUBLIC SERVICE

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G. A. Borshevskiy

2018-01-01

Full Text Available We define the civil service as a political and administrative institution established to meet the needs in the professional performance of political decisions and providing the daily contact between the society and the political power. The definition of civil service in the Russian legislation is not fit the features of public institution, that is why the institutionalization of the civil service in post-Soviet Russia face difficulties.We see ways to overcome this contradiction, which include the improvement of legislation and implementation to the strategic documents the goals, objectives and performance criteria of civil service institution-building. This goals and objectives should orientate the civil servants to ensure economic growth and improving the quality of citizen’s life.The architecture of the civil service institution was offered, including the legal, institutional and human components. We identified the institutional characteristics and location of this institution in the environment of society.The algorithm of civil service institutional change was clarified, which includes elements such as institutional selection, the definition of institutional norms and institutional effects.The requirements for the assessment of institutional effectiveness were formulated. We proved the necessity to describe the driving forces of civil service development not only by external influences, but also its internal environment.The comparison of this set of statistics with indicators of internal development of the civil service allows concluding about the correlation between the civil service performance on different stages of its institutional transformation and attainment the priorities of the economy and society.

Constitutional limits on federal legislation practically compelling medical employment: Wong v Commonwealth; Selim v Professional Services Review Committee.

Science.gov (United States)

Faunce, Thomas

2009-10-01

A recent decision by the High Court of Australia (Wong v Commonwealth; Selim v Professional Services Review Committee (2009) 236 CLR 573) (the PSR case) has not only clarified the scope of the Australian constitutional prohibition on "any form of civil conscription" in relation to federal legislation concerning medical or dental services (s 51xxiiiA), but has highlighted its importance as a great constitutional guarantee ensuring the mixed State-federal and public-private nature of medical service delivery in Australia. Previous decisions of the High Court have clarified that the prohibition does not prevent federal laws regulating the manner in which medical services are provided. The PSR case determined that the anti-overservicing provisions directed at bulk-billing general practitioners under Pt VAA of the Health Insurance Act 1973 (Cth) did not offend the prohibition. Importantly, the High Court also indicated that the s 51(xxiiiA) civil conscription guarantee should be construed widely and that it would invalidate federal laws requiring providers of medical and dental services (either expressly or by practical compulsion) to work for the federal government or any specified State, agency or private industrial employer. This decision is likely to restrict the capacity of any future federal government to restructure the Australian health care system, eg by implementing recommendations from the National Health and Hospitals Reform Commission for either federal government or private corporate control of presently State-run public hospitals.

MOVEMENT WITHIN THE LOCAL CIVIL SERVICE SYSTEM

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Alen Rajko

2016-01-01

Full Text Available The author analyzes the current Croatian regulation of movement within the local and regional civil service system. This includes the institutes of transfer, promotion, appointment and removal of the heads of administrative bodies, as well as changes in the workplace that may occur in the process of reorganization of the administrative bodies, with additional references to the particularities related to the position of heads of administrative bodies and employees. The procedural context of these issues, related to the implementation of administrative procedure and administrative dispute, is also discussed. The author offers legal interpretation to resolve doubts arising in the practice of implementation of the mentioned civil service institutes.

Driving up Standards: Civil Service Management and Decentralization: Case Study of Uganda

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Lazarus Nabaho

2012-12-01

Full Text Available There is a consensus that decentralization by devolution leads to improved service delivery, but debate on the appropriate type of personnel arrangements for delivering decentralized services is far from over. Put differently, the discourse on whether civil service management should be decentralized or devolved still rages on. Little wonder that countries which started off with decentralized civil service management models in the 1990s are currently centralizing some aspects of personnel management while others are having centralized and decentralized personnel arrangements operating side by side in sub-national governments. The paper argues that civil service management should be decentralized whenever a country chooses the path of decentralization by devolution. Using Uganda’s example, the paper highlights two major challenges of managing the civil service under separate personnel arrangements: civil service appointments devoid of merit, and the perennial failure to attract and retain qualified human resource. The paper presents proposals on how to ensure meritocracy in appointments and how to bolster attraction and retention of human capital in local governments.

Civil defence and disaster control services

International Nuclear Information System (INIS)

Kolb, P.W.

1986-01-01

Today's systems of civil defence and disaster control services are the result of a long process of development, which is outlined for the Federal Republic of Germany. The present organisational and legal systems are explained, together with the institutions concerned. (DG) [de

Electronic communication in civil litigation

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Salma Marija

2014-01-01

Full Text Available This paper looks into common European and national rules regulating electronic communication in legal matters. Such form of communication in legal matters expedites the procedure. It is also pointed out that electronic communication between the court and the parties to the proceedings, as well as third parties, is conducted through registries, regulated by special regulations, for filing written submissions of the parties and decisions of the court. Legislation regulating electronic communication is intended for litigation in commercial matters. European and national rules do not exclude the possibility of electronic communication in non-commercial litigation provided there is an express consent of the parties to such communication. Although steps towards digitalization have been taken in the Republic of Serbia, legislation regulating electronic service of documents, communication in civil litigation, is still missing. The Civil Procedure Law does not have a separate section regulating the electronic communication in legal matters. However, it cannot be said that the CPC does not set basic principles regulating this form of communication in legal matters.

The impact of civil union legislation on minority stress, depression, and hazardous drinking in a diverse sample of sexual-minority women: A quasi-natural experiment.

Science.gov (United States)

Everett, Bethany G; Hatzenbuehler, Mark L; Hughes, Tonda L

2016-11-01

A small but growing body of research documents associations between structural forms of stigma (e.g., same-sex marriage bans) and sexual minority health. These studies, however, have focused on a limited number of outcomes and have not examined whether sociodemographic characteristics, such as race/ethnicity and education, influence the relationship between policy change and health among sexual minorities. To determine the effect of civil union legalization on sexual minority women's perceived discrimination, stigma consciousness, depressive symptoms, and four indicators of hazardous drinking (heavy episodic drinking, intoxication, alcohol dependence symptoms, adverse drinking consequences) and to evaluate whether such effects are moderated by race/ethnicity or education. During the third wave of data collection in the Chicago Health and Life Experiences of Women study (N = 517), Illinois passed the Religious Freedom Protection and Civil Union Act, legalizing civil unions in Illinois and resulting in a quasi-natural experiment wherein some participants were interviewed before and some after the new legislation. Generalized linear models and interactions were used to test the effects of the new legislation on stigma consciousness, perceived discrimination, depression, and hazardous drinking indicators. Interactions were used to assess whether the effects of policy change were moderated by race/ethnicity or education. Civil union legislation was associated with lower levels of stigma consciousness, perceived discrimination, depressive symptoms, and one indicator of hazardous drinking (adverse drinking consequences) for all sexual minority women. For several other outcomes, the benefits of this supportive social policy were largely concentrated among racial/ethnic minority women and women with lower levels of education. Results suggest that policies supportive of the civil rights of sexual minorities improve the health of all sexual minority women, and may be most

[Risk management in health care systems: the new legislative orientations in medical civil responsibility].

Science.gov (United States)

Tomassini, A; Signorelli, C; Colzani, E

2004-01-01

The recent radical change in the relationships between physicians and patients has increased the frequency of malpractice. Consequently, on one hand, many physicians got used to avoiding any possible risk of denunciation by applying the so called "defensive medicine", while on the other hand, the insurance companies raised the prices of their premiums for policies concerning civil responsibility of health operators. In order to avoid this "vicious circle", some health structures created Units for the Risk Management related to malpractice, while others took advantage of the collaboration of Associations for Patients' Rights to create database about the most frequent medical mistakes. The need for a legislative change has been accepted by the Parliament which expects with the proposal n.108 (approved in spring 2002 by the Commission for Hygiene and Health of the Senate) to attribute the civil responsibility of the physicians to the hospitals (both private and public) for which they work, to constitute a Register of experts and to accelerate the legal disputes. The problem is complex and still to be solved, but it seems that time for a strong intervention in order to improve the situation has to come.

Civil service recruitment in Comoros : a case of political clientelism in a decentralized state

OpenAIRE

Rose,Jonathan; Gowthaman,Balachandran

2015-01-01

Professional civil service recruitment is a core component of governance for development, as it is necessary for ensuring the capacity of civil servants, service delivery, fiscal sustainability, and proper salary management. Through an ambitious mixed method approach, this study seeks to provide a political economy analysis of civil service recruitment in Comoros—a fragile and decentralized ...

Romanian Nuclear Liability Legislation

International Nuclear Information System (INIS)

Banu, R.

2006-01-01

The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

Harmonization of the Ukrainian civil service with international and EU standards

OpenAIRE

L. V. Prudyus

2016-01-01

In the article the issue on harmonization of the civil service with the international and EU standards as one of the key direction of implementation of the Reform Strategy of civil service and service in local self­government bodies for the period up to 2017 was researched. It was established that examples of the most effective management practice can be considered as a standard on which could be oriented states that seek to move to a more efficient and effective public administration. ...

RECRUITMENT AND PROFESSIONAL TRAINING OF CIVIL SERVANTS

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Roxana Cristina RADU

2014-06-01

Full Text Available An ever increasing feature of public office is the way in which the recruitment and training of civil servants are controlled by legislation. Civil servants are a basic component of public administration but they are also important for labor law because civil service relations have the characteristics of an employment relationship and also specific features resulting from the rules of public law. The relevant expression of the interferences between public and private law for civil servants is recruitment and training. The originality of this article lies in the multidisciplinary character, combining elements of labor law, administrative law and human resources management, character reflected in the bibliography used. Another merit of this study is that the authors correlated the provisions of various laws: Constitution, Labor Code, Law no. 161/2003 on the transparency in exercising public dignities and public functions, Government Ordinance no. 137/2000 regarding the prevention and sanction of all discrimination forms, Government Ordinance no. 129/2000 concerning adults’ professional training.

Motivation of staff in the civil service of Ukraine: problems and prospects

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Nataliia Trokhymivna Honcharuk

2013-11-01

Full Text Available The problems and prospects of motivation in the civil service of Ukraine are analyzed in the article. Categorical analysis in the scientific literature the terms “motivated”, “motivation of staff of the Civil Service”, “motivation”, “financial motivation” has been done. The evolution of concepts and theories of motivation based on the needs, interests, motives and incentives is analyzed. The authors propose to take all the best from these concepts and theories to use in today’s development of Ukrainian society. The current state of public servants motivation and its regulatory provision is researched. Domestic and foreign experience motivation of public service motivation is generalized. The possibility of using new technologies of human resource management improvement in the public service is researched, the new provisions of the Law of Ukraine “On Civil Service” dated November 11, 2011 № 4050 on the motivation of civil servants in Ukraine is described.

Beyond Civil Service: The Changing Face of Public Personnel Management.

Science.gov (United States)

Klingner, Donald E.; Lynn, Dahlia Bradshaw

1997-01-01

Today, public services are often delivered by purchase-of-service agreements, privatization, franchising, vouchers, or other alternatives to civil service. Public personnel managers must now deal with broader policy issues, relationships with external organizations, and tighter focus on cost control, requiring new knowledge, skills, and abilities.…

Outsourced design services lessons learned from LHC civil engineering

CERN Document Server

Watson, T

2003-01-01

In April 1996 CERN awarded three contracts for the provision of civil engineering design and site supervision services associated with the LHC Project. These three contracts with an average value at signature of 12MCHF were placed using the “two envelope” award system. Eight firms from six member states were integrated into three Joint Ventures. For Projects prior to the LHC, CERN would have carried out the design and supervision using in-house staff. The change to out-sourced services represented a major step for CERN. After seven years, the contracts are now coming to their conclusion. This paper aims to discuss the reasons why these contracts were originally implemented, the lessons than have been learnt over the last seven years and conclusions on how CERN could approach the need for civil engineering design services in the future.

A Critique of the Key Legislative Framework Guiding Civil Liberties ...

African Journals Online (AJOL)

Key legislative framework presented in this paper is within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections. In some cases, colonial legislation that politicians claimed to have repealed was reincarnated, as the post-colonial dispensation ...

A Study on the Development of Curriculum Track for Civil Service Librarian

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Younghee Noh

2013-06-01

Full Text Available The goal of this study is to improve the competitiveness of professional librarians in society. To this end, we analyzed domestic and international LIS curriculum, determined demand from field librarians through a survey, carried out job analysis by library types, and developed an operating model for LIS curriculum by synthesizing all of these results. Finally, we suggested a course of study for civil service librarians based on this model. As a result, the six required courses for civil service librarians are: Introduction to Library and Information Science, Information Organization, Information Services (Reference and Information Services, Library Management, Information Retrieval, and Field Work. The four core courses for the civil service concentration are: Collection Development, Information Sources by Subjects, Public Library Management, and Digital Libraries. Suggested electives best suited to this career path include Using Web Resources, Information Literacy, Information Services in Culturally Diverse Communities, Library Marketing, Libraries and Cultural Programs, Reading Guidance, Library History, Small Library Management, Studies in Library Buildings, Library Cooperation, Managing Digital Collections, and Information and Communication in a Digital Age.

Investors Perception on Civil Remedies and Civil Action under the Capital Markets and Services Act 2007

OpenAIRE

Yeon, Asmah Laili; Yaacob, Nurli

2016-01-01

The Capital Markets and Services Act 2007 provides civil action and remedies for the victim of securities crimes. Whether these remedies are sufficient to protect investors’ interest when dealing in securities transaction is an issue to be discussed in the paper? This paper aims to analyze investors’ perception on civil remedies and action. This paper based on the legal research findings where a systematic method of exploring, investigating, analyzing and conceptualizing legal issues pertaini...

Network-Based Coordination of Civil-Service Training: Lessons from the Case of Estonia

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Metsma Merilin

2017-06-01

Full Text Available The focus of this article is on the coordination of civil-service training in a decentralized civil-service system. The Estonian case is studied. The article investigates network-based coordination, analyzes the power sources of the central coordinator and discusses the opportunities and limitations of creating coherence through network-type cooperation. The article concludes that the key power sources for the central coordinator are financial, human and technical resources paired with knowledge, leadership and commitment. The case study shows that, in a decentralized civil service system, a common understanding on training and development can be fostered by intense collaboration through networks.

State insurance parity legislation for autism services and family financial burden.

Science.gov (United States)

Parish, Susan; Thomas, Kathleen; Rose, Roderick; Kilany, Mona; McConville, Robert

2012-06-01

We examined the association between states' legislative mandates that private insurance cover autism services and the health care-related financial burden reported by families of children with autism. Child and family data were drawn from the National Survey of Children with Special Health Care Needs (N  =  2,082 children with autism). State policy characteristics were taken from public sources. The 3 outcomes were whether a family had any out-of-pocket health care expenditures during the past year for their child with autism, the expenditure amount, and expenditures as a proportion of family income. We modeled the association between states' autism service mandates and families' financial burden, adjusting for child-, family-, and state-level characteristics. Overall, 78% of families with a child with autism reported having any health care expenditures for their child for the prior 12 months. Among these families, 54% reported expenditures of more than $500, with 34% spending more than 3% of their income. Families living in states that enacted legislation mandating coverage of autism services were 28% less likely to report spending more than $500 for their children's health care costs, net of child and family characteristics. Families living in states that enacted parity legislation mandating coverage of autism services were 29% less likely to report spending more than $500 for their children's health care costs, net of child and family characteristics. This study offers preliminary evidence in support of advocates' arguments that requiring private insurers to cover autism services will reduce families' financial burdens associated with their children's health care expenses.

EUROPEAN CIVIL CODE BETWEEN DESIDERATUM AND REALITY

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Liviu-Bogdan Ciucă

2015-11-01

Full Text Available The principle of priority and direct application of European rules in relation to the provisions that we find in the national legislation, once assumed at European level, it has generated debates and concerns about the usefulness of a single legal act in private law matters. The idea of European Civil Code, appeared somewhere in the early 80s, is becoming more current and triggers a justified and sustained interest. Considering that the civil legislation of Community Member is a legislation dominated by tradition and peculiarities of culture, religion and temper, the issue of a European Civil Code forms as a project generating discussions, restraints and even rejec tions of the Member States in relation to this proposal. The current system of European legislative acts that apply immediately and priority in EU member states remains only a temporary solution and which generates difficulties in interpretation and affects the utility of the enactment. Clarifications on the pros and cons to promote a European Civil Codex will be analyzed primarily in terms of law and, last but not least in terms of political perspective, taking into account the Community objectives undertaken by accession treaties and the need for a legislative norm, especially European, to be predictable, transparent, useful and accessible. This paper intends to submit to debate both current doctrinal arguments, the blocking of such an approach, based on the principle of autonomy and the peculiarities of the legal system of each Member State, but also considering the practical arguments and of simplification of rules met in a European Civil Code assumed and applicable in the European space.

Brazilian nuclear legislation. Revision n.1/2002

International Nuclear Information System (INIS)

Matos, Gilberto Cardoso de

2002-01-01

This work intends to facilitate the access to the Brazilian nuclear legislation and other legal instruments, foreseeing the use of nuclear energy and ionizing radiation in health, work and environment areas up to 2002. Legislation on the civil liability of nuclear damage, the law of licensing taxes, controlling and inspection are also included

The Evolution and Challenges of the Danish Civil Service System

DEFF Research Database (Denmark)

Hansen, Morten Balle

2013-01-01

service is examined. The Danish civil service system has been characterized by long-term gradual evolution and adoption of many of the prevailing institutions in medieval and modern European state administration. This adaptation to prevailing trends has been predominantly characterized by integration...

The Impact of Reproductive Health Legislation on Family Planning Clinic Services in Texas

Science.gov (United States)

Hopkins, Kristine; Aiken, Abigail R. A.; Stevenson, Amanda; Hubert, Celia; Grossman, Daniel; Potter, Joseph E.

2015-01-01

We examined the impact of legislation in Texas that dramatically cut and restricted participation in the state’s family planning program in 2011 using surveys and interviews with leaders at organizations that received family planning funding. Overall, 25% of family planning clinics in Texas closed. In 2011, 71% of organizations widely offered long-acting reversible contraception; in 2012–2013, only 46% did so. Organizations served 54% fewer clients than they had in the previous period. Specialized family planning providers, which were the targets of the legislation, experienced the largest reductions in services, but other agencies were also adversely affected. The Texas experience provides valuable insight into the potential effects that legislation proposed in other states may have on low-income women’s access to family planning services. PMID:25790404

Civil legal responsibility for environmental pollution

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Pajtić Bojan L.

2015-01-01

Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

Limits of civil and environmental responsibility in transport through pipelines; Limites da responsabilidade civil e ambiental no transporte por dutos

Energy Technology Data Exchange (ETDEWEB)

Leao, Andreia Carneiro [EnviroCompliance Assessoria Ambiental (Brazil); Guilherme Samico, Natalizim Luiz [Webler e Advogados Associados, Macae, RJ (Brazil)

2003-07-01

Throughout the historic evolution of the Brazilian legislation, including a brief analysis of the prevailing laws regarding the subject, this paper provides an ample vision of the civil and environmental liability in transport contracts, and, especially, in the transport of oil and gas through pipelines, discussing the present influence of environmental norms and the New Brazilian Civil Code. And what was brought to a conclusion is, if on one hand were kept the liability of the Sender (user company of the transportation service contracted with the Carrier) and Carrier (personal entity operator of the pipeline system), who respond jointly and regardless of fault for damages to third parties and the environment (extendible also to the owner of the product and to financial institutions that participate in some form in the contract), on the other hand the New Civil Code authorizes the National Petroleum Agency - ANP to rule the liabilities between the parties to the transport contract, providing greater safety to the system operators. (author)

UPDATING RUSSIAN FRANCHISING LEGISLATIVE CONTROL IN SERVICE SECTORS WITH DUE ACCOUNT OF FOREIGN EXPERIENCE

OpenAIRE

M. I. Kolinchenko

2012-01-01

Insufficient use of franchising is one of the major factors hampering the development of services in Russia. Main problems of franchising in Russia concentrate currently in the legislative and legal spheres. There is no specific law on franchising in the domestic legislation system. Russia is substantially behind the U.S. and Europe, so far as laws and operating practices related to franchising are concerned. Urgent adjustments are needed for current legislation in Russia, first of all to bri...

The Implementation of Civil Service Reforms in Tanzania, 1991-2000

OpenAIRE

Lukumai, Emmanuel C.

2006-01-01

The present thesis deals with civil service reforms implemented in Tanzania in between 1991-2000. It aims at assessing whether the reforms achieved the intended objectives of “smaller, affordable, well compensated, efficient and effective performing civil service” (Caulfield, 2004: 233). To this end, the discussion starts by explaining the overall move for reform globally and then narrows its scope and deals with assessing the factors that led to achievement or failure of the process in the T...

Financing family planning services: is categorical legislation still needed?

Science.gov (United States)

Mcfarlane, D R; Meier, K J

1991-01-01

Federal and state funds have provided for family planning services in American since the 1960s. Since 1976, services have been funded principally through federal statutes Title X of the Public Health Service Act and Titles V, XIX, and XX of the Social Security Act as well as various state appropriations. While these statutes aim to ensure that women of lower socioeconomic status enjoy access to reproductive health care services, levels of public expenditure in this area vary widely among states. In 1987, public family planning expenditures/woman at risk ranged from $60.16 in Wisconsin to $9.41 in Florida. Within this range of expenditures, the relative importance of each funding source per state varies widely. States with the most robust Title XIX programs, Medicaid, however, have highest per woman family planning expenditures. Upon reviewing the complement of public funding sources and how they are spent at the state level, the authors argue that categorical legislation is still needed to protect access to contraceptive services in America. In particular, of funds from supporting statues, Medicaid is distributed most equitable across the country. These funds paid for 36% of all public outlays for family planning in 1987. Without categorical legislation, however, Medicaid is insufficient to maintain the national family planning effort; the 1987 contribution of $10.49/woman at risk of unwanted pregnancy was insufficient to provide minimum services. Title X requires grantees to follow regulations which ensure state uniformity of quality and service distribution; submission of annual 5-year plans to Congress on how family planning goals will be achieved; and also authorizes monies for training and research. Despite political attacks, family planning funding must remain separate from maternal and child health programs. Such independence will keep these services politically visible; allow use of the more extensive family planning delivery system; catalyze states to

Parks and recreation employment status: implications from a civil service perspective

Science.gov (United States)

Joel Frater; Arthur Graham

2002-01-01

Current research on the credentialing process in parks, recreation and leisure services has focused primarily on accreditation and certification and has largely ignored the civil service exam as a credentialing toll or condition of employment in many state and municipal parks and recreation departments.

The Effect of Manpower Planning and Development in Lagos State (Nigeria Civil Service Performance

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Chinyeaka J. Igbokwe-Ibeto

2015-12-01

Full Text Available The study examined effects of manpower planning and development in Lagos state civil service performance. Lagos state civil service is the greatest asset of the state in its quest for socio-economic development. The primary question that was explored is whether the nature of manpower planning and development curriculum in Lagos state civil service has effect on the service performance and the attainment of state objective. The study relied on primary and secondary data, and multiple stage sampling technique was used to select the sample population. The data collected was presented in frequency bar chart and simple percentage. Pearson’s Product Moment Correlation Coefficient (PPMC statistical tool was used to test the hypotheses. Findings of the study show that the nature of manpower planning and development curriculum has a positive effect on the Lagos state civil performance. It also reveals that the manpower planning and development has a positive effect on the attainment of Lagos state objective. To achieve better performance in the service, it should among others, improve on the current manpower planning strategy and continue to update its manpower development curriculum in line with the global best practices. Given the pivotal role that technology plays in the 21st century, the service should avail itself the windows of opportunities that information technology provides in its drive to enhance employees’ skills, knowledge and abilities that will invariably improve the service performance. Yet, the service should imbibe the prescripts of New PublicManagement theory (NPM, and that goals and targets should be defined and measurable as indicators of organizational performance.

Gender differences in occupational mobility and structure of employment in the British Civil Service.

Science.gov (United States)

Roberts, R; Brunner, E; White, I; Marmot, M

1993-12-01

In all industrialized societies health status in adults has been found to vary with social position. Attempts to explain this are usually grouped under headings of artefact, material, lifestyle and selective mobility of the healthiest. Such attempts have to date been unsuccessful in fully accounting for this relationship, and whilst they have merit have left unconsidered the effects of the process whereby social stratification occurs. The present study is a prelude to subsequent studies that will endeavour to distinguish between three separate influences on health--the effects of current social position, the long term effects stemming from one's initial class position, and the effects of the processes governing mobility. The purpose of our present investigation is to describe patterns of occupational mobility, that will enable us to identify possible predictors of subsequent mobility and therefore to indicate to what extent mobility might be a process governed by social rules. The work presented in this paper comprises part of the Whitehall II study of occupational, social and lifestyle influences upon health in a Civil Service population. Using multiple regression techniques almost half the variation in mobility is modelled in terms of educational level, fathers' social class, gender, marital status, age on entry into the Civil Service, length of time in Civil Service employment and grade of entry into the Civil Service. Using estimates derived from this model it is suggested that a number of sub-groups within the Civil Service suffer adverse mobility (mobility appears particularly restricted for women and for those entering the Civil Service above 30 years of age). The results obtained suggest that the issue of obstructed opportunity at the workplace could become a focus for fruitful investigation, linking issues of personal autonomy, expectations and control to health. A number of methodological problems in this kind of work are considered together with

Governing Civil Service Pay in China, by Alfred M. Wu. Copenhagen: NIAS Press, 2014. xvi+236 pp

DEFF Research Database (Denmark)

Brødsgaard, Kjeld Erik

2016-01-01

Book review of: Governing Civil Service Pay in China by Alfred M. Wu. Copenhagen: NIAS Press, 2014.......Book review of: Governing Civil Service Pay in China by Alfred M. Wu. Copenhagen: NIAS Press, 2014....

Introducing Union Representation and Its Complexities – A Case Study of the Royal Thai Civil Service

Directory of Open Access Journals (Sweden)

Maarten Pontier

2016-01-01

Full Text Available This paper deals with the result of the recognition under the ILO Conventions 87 and 98 of the freedom of association and subsequent introduction of union representation in the Royal Thai civil service. As a consequence, the Royal Thai Government has changed the Constitution to allow for union representation in its civil service. A decree has been drafted and focus groups have been interviewed to establish the views of a cross-section of civil servants on their expectations and desires in being allowed to form and join a union. The paper discusses the approach taken to union representation in terms of collective bargaining versus joint consultation and centralization versus decentralization and the discourse that has surfaced as a result of the interviews between the policy makers and civil servants, particularly with regard to its context of a high power distance culture. The analysis provides the best practice and effective approach to the introduction of union representation within the Thai Civil Service.

Civil Rights for Trafficked Persons: Recommendations for a More Effective Federal Civil Remedy

OpenAIRE

Shannon Lack

2008-01-01

In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...

UPDATING RUSSIAN FRANCHISING LEGISLATIVE CONTROL IN SERVICE SECTORS WITH DUE ACCOUNT OF FOREIGN EXPERIENCE

Directory of Open Access Journals (Sweden)

M. I. Kolinchenko

2012-01-01

Full Text Available Insufficient use of franchising is one of the major factors hampering the development of services in Russia. Main problems of franchising in Russia concentrate currently in the legislative and legal spheres. There is no specific law on franchising in the domestic legislation system. Russia is substantially behind the U.S. and Europe, so far as laws and operating practices related to franchising are concerned. Urgent adjustments are needed for current legislation in Russia, first of all to bring it in line with accepted standards of franchising in the West, particularly relating to theprotection of franchisers and franchisee.

Revenge Pornography: Mental Health Implications and Related Legislation.

Science.gov (United States)

Kamal, Mudasir; Newman, William J

2016-09-01

Revenge pornography, also known as nonconsensual pornography, is a subtype of cyberharassment/cyberstalking, and a serious problem facing society in the Internet age. Revenge pornography can result in lifelong mental health consequences for victims, damaged relationships, and social isolation. Recently, a growing number of states have recognized the importance of this phenomenon and have enacted legislation that criminalizes it. The technology industry has also taken steps to assist victims of revenge pornography by creating web forms to request removal of links leading to the explicit content. The Cyber Civil Rights Initiative (CCRI) has been instrumental in promoting public awareness of this often overlooked problem and in providing services for victims. Although important steps have been made, greater recognition of the gravity of this problem and the mental health implications of revenge pornography is needed to expand legislation criminalizing such acts. A federal criminal law, in particular, is much overdue. Mental health professionals must understand the dimensions of revenge pornography to be able to identify and address the consequences in both forensic and clinical settings. © 2016 American Academy of Psychiatry and the Law.

Immediate impact of 'penalty points legislation' on acute hospital trauma services.

LENUS (Irish Health Repository)

Lenehan, Brian

2012-02-03

Road traffic accident (RTA) related mortality and injury may be reduced by up to 40% with the introduction of \\'road safety\\' legislation. Little is known regarding changes in pattern of injury and overall resource impact on acute trauma services. This prospective study examines RTA related admissions, injuries sustained and resultant sub-speciality operative workload in a Level 1 Trauma Centre during the 12 months immediately prior to and following the introduction of \\'penalty points\\' legislation. Eight hundred and twenty RTA related admissions were identified over the 24-month period from 01\\/11\\/2001 to 31\\/10\\/2003. There was a 36.7% decrease in RTA related admissions subsequent to the introduction of new legislation. Bed occupancy was almost halved. However, the relative Orthopaedic workload increased from 34% to 41% with a 10% increase in relative bed occupancy. The pattern of orthopaedic injury was significantly altered with a >50% absolute reduction in high velocity injuries. Curiously, there was no change in the absolute number of spinal fractures seen. This favourable early Irish experience of \\'penalty points\\' legislation mirrors that of worldwide published literature. Our findings demonstrate that the injury reduction effects were primarily enjoyed by non-orthopaedic sub-specialities. Such findings mandate consideration when allocating vital resources to sub-specialities within busy trauma units.

The Civil Service Reform in the Context of Sustainable Development. A Comparison between Romania and Italy

Directory of Open Access Journals (Sweden)

Bogdan BERCEANU

2015-09-01

Full Text Available In the last decade the public administration system from most of the EU countries suffered many transformations in order to achieve the objectives proposed by the European Union, such as sustainable development. The civil service represented and still is a very important key factor for a success reformation of the administrative system, because it represents the main resource of the system. The analysis underlines the introduction of the public manager in the Romanian civil service hierarchy and the introduction of the concept dirigenza pubblica, a type of public management, in the Italian public administration. Moreover, we will present the introduction of the dirigente pubblico, public manager, in the Italian civil service system.

FUNDAMENTAL RULES OF THE CIVIL PROCEDURE CODE OF 2015: BRIEF REFLECTIONS

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Aluisio Gonçalves de Castro Mendes

2016-12-01

Full Text Available This paper aims to bring some brief reflections on the topics covered in Book I of the General Part in the Code of Civil Procedure of 2015, in each of the twelve articles related to the basic standards, highlighting its relevance to the application and the proper interpretation of new legislation. The intention is not to exhaust the subject, but just to open the debate to bring a few lines to improve the theoretical understanding and improving the judicial services.

SEVERAL OBSERVATIONS REGARDING THE REGULATION OF THE CONTRACT OF PARTNERSHIP IN THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

IOLANDA-ELENA CADARIU-LUNGU

2012-05-01

Full Text Available Following the model of the Italian Civil Code, of the Civil Code from Quebec, the Swiss and the Dutch ones, the new Romanian Civil Code has adopted the monist conception of regulating the private law relationships, gathering in the same normative act traditional civil law dispositions as well as dispositions that are specific to the commercial relationships among professionals. In this regulating context, one of the fundamental changes the new Civil Code brings is the unification of the legal regime applicable to civil and commercial contracts, with all the consequences that derive from this new legislative approach. This fundamental modification is first determined by the profound change of the character of social, economic and juridical relationships, by the change of the cultural level of the Romanian society, by the closeness of the two branches of civil and commercial law and, last but not least, by the evolution of the business environment. In this line of thought, we can identify important changes in the matter of the contract of partnership which, as regulated by the new Civil Code, constitutes the common law both for the simple partnerships (former civil societies as well as for the commercial companies, to which the special legislation still in force in the matter still applies. In this study we aimed at analyzing the general common features of all associative forms listed by art. 1.888 Civil Code and the new elements in the matter, with critical observations where needed, which take the form of a comparison with the specific legislation in the field from the Civil Codes that served as a source of inspiration for the Romanian legislator.

39 CFR 230.26 - Do these rules affect the service of process requirements of the Federal Rules of Civil Procedure...

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Do these rules affect the service of process....26 Do these rules affect the service of process requirements of the Federal Rules of Civil Procedure... Rules of Civil Procedure regarding service of process. ...

76 FR 32241 - Civil Service Retirement System; Present Value Factors

Science.gov (United States)

2011-06-03

... in the economic assumptions adopted by the Board of Actuaries of the Civil Service Retirement System... data to the Board of Actuaries, care of Gregory Kissel, Actuary, Office of Planning and Policy Analysis...- 335, based on changed economic assumptions adopted by the Board of Actuaries of the CSRS. Those...

Nuclear Liability Legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

1998-01-01

This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

Considerations in civil commitment of individuals with substance use disorders.

Science.gov (United States)

Cavaiola, Alan A; Dolan, David

2016-01-01

Several states currently have enacted laws that allow for civil commitment for individuals diagnosed with severe substance use disorders. Civil commitment or involuntary commitment refers to the legal process by which individuals with mental illness are court-ordered into inpatient and/or outpatient treatment programs. Although initially civil commitment laws were intended for individuals with severe mental illness, these statutes have been extended to cover individuals with severe substance use disorders. Much of the recent legislation allowing for civil commitment of individuals with substance use disorders has come about in response to the heroin epidemic and is designed to provide an alternative to the unrelenting progression of opioid use disorders. Civil commitment also provides an opportunity for individuals with opioid use disorders to make informed decisions regarding ongoing or continued treatment. However, civil commitment also raises concerns regarding the potential violation of 14th Amendment rights, specifically pertaining to abuses of deprivation of liberty or freedom, which are guaranteed under the 14th Amendment to the United States Constitution. This commentary examines these issues while supporting the need for effective brief civil commitment legislation in all states.

Cybersecurity: Current Legislation, Executive Branch Initiatives, and Options for Congress

Science.gov (United States)

2009-09-30

responsibilities of cybersecurity stakeholders. Privacy and civil liberties—maintaining privacy and freedom of speech protections on the Internet...securing networks before tackling the attendant issues such as freedom of speech , privacy, and civil liberty protections as they pertain to the Internet...legislation to mandate privacy and freedom of speech protections to be incorporated into a national strategy. • Assessing current congressional

Medical-legal issues in headache: penal and civil Italian legislation, working claims, social security, off-label prescription.

Science.gov (United States)

Aguggia, M; Cavallini, M; Varetto, L

2006-05-01

Primary headaches can be considered simultaneously as symptom and disease itself, while secondary headaches are expressions of a pathological process that can be systemic or locoregional. Because of its subjective features, headache is often difficult to assess and quantify by severity, frequency and invalidity rate, and for these reasons it has often been implicated in legal controversies. Headache has seldom been considered in the criminal law, except when it represents a typical symptom of a disease whose existence can be objectively assessed (i. e. raised intracranial pressure). Therefore, in civil legislation it is not yet coded to start claiming for invalidity compensation. In particular, one of the most debated medical-legal questions is represented by headaches occurring after head injury. Headache is often the principal symptom at the beginning of several toxic chronic syndromes, with many implications, especially in working claims, and, more recently, it may be referred to as one of the most frequent symptoms by victims of mobbing (i. e. psychological harassment in the workplace). The National Institute for Industrial Accident Insurance (INAIL) scales (instituted by the law 38/2000) mention the "Subjective cranial trauma syndrome" and give an invalidity rate evaluation. With reference to other headache forms, no legislation really exists at the present time, and headache is only considered as a symptom of a certain coded disease. Requests for invalidity social pension and the question of off-label prescriptions (drug prescription for a disease, without formal indication for it) are other controversial matters.

IAHE Hydrogen Civilization Conception for the Humankind Sustainable Future

International Nuclear Information System (INIS)

Victor A Goltsov; Lyudmila F Goltsova; T Nejat Veziroglu

2006-01-01

There are generalized of a novel Hydrogen Civilization (HyCi-) conception of the International Association for Hydrogen Energy. The HyCi-Conception states that at this rigorous, severe historical period the humankind still has a real possibility to save the biosphere and makes living out of humanity be possible and real process. The above objective can be achieved by the only way, the way of advantageous all-planetary work along the direction of ecologically clean vector 'Hydrogen energy → Hydrogen economy → Hydrogen civilization'. The HyCi-Conception includes three constituent, mutually conditioned parts: industrially-ecological, humanitarian-cultural and geopolitical-internationally legislative ones. Legislative-economical mechanism of transition to hydrogen civilization is formulated, and the most important possible stages of HyCi-transition are indicated and discussed. (authors)

Psychological Well-Being Among Women Who Experienced Intimate Partner Violence and Received Civil Legal Services.

Science.gov (United States)

Renner, Lynette M; Hartley, Carolyn Copps

2018-05-01

Intimate partner violence (IPV) victimization is often associated with negative mental health outcomes; yet, little is known about the psychological well-being of women who experience IPV and receive civil legal services. Civil legal services are not specifically designed to focus on women's mental health needs but Sullivan's Social and Emotional Well-Being Framework helps to explain why women receiving this type of formal assistance may demonstrate positive changes in psychological well-being. Using a panel study design and data from 85 women who experienced IPV and sought civil legal services, we examined women's psychological well-being over a one-year period of time. Approximately two thirds of the women received assistance from Iowa Legal Aid (ILA) for a civil protective order ( n = 56) and the rest were represented in a family law matter. We used measures of mental health (depression, posttraumatic stress disorder [PTSD]) and well-being (social support, resilience, goal directed thinking, empowerment). Our hypotheses that women would experience a decrease in mental health symptoms and an increase in well-being were partially supported. Women reported a decrease in depressive and PTSD symptoms over one year but there were no changes in their goal-oriented thinking or resilience. Implications for practice and future research are included.

Analisys of Book i of the New Code of Civil Procedure: A Reflex of the Phenomenon of Constitucionalization of Civil Procedure

Directory of Open Access Journals (Sweden)

Yvete Flavio da Costa

2016-10-01

Full Text Available This article aims to analyze the Book I of the New Code of Civil Procedure, called "The civil procedural rules" linking it to the constitutionalization process that civil process has going by after the enactment of the 1988 Federal Constitution. This is because, since its enactment, the Democratic Constitution became maximum vector of the entire legal system, so that all laws must  comply  with  its  principles  and  rules,  under  penalty  of  being  considered unconstitutional. The previous Code, enacted in 1973, before the current Constitution, had no such concern because at that time, the maximum vector law was the Civil Code of 1916. So in that text, there was not some of the fundamental assumptions for valid and regular development of civil procedure, such as contradictory. With that in mind, the legislator brought in this chapter, a kind of law of introduction to civil procedure rules, regulating the application of the process in time and space, and also brings the constitutional principles that were not explicitly present in the encoded text before.. The present article is justified by the need to carry out a deeper study of the constitution of civil procedure, with a view to the subject nowadays. In order to enable the thematic deepening of the subject, it was employed the logical deductive and inductive methods logical, since the research was based on deductive research of new legislation.

Fundamental Rules of Civil Procedure : The Tuning of the Federal Constitution and the New Code of Civil Procedure in The Guarantee and Protection of Fundamental Rights

Directory of Open Access Journals (Sweden)

Fernanda Sell de Souto Goulart Fernandes

2016-10-01

Full Text Available On  March  16th,  2015  was  enacted  Law  13,105.  Known  for  having  the  intention  to democratize the process, the new Civil Procedure Code innovated in many ways, and one of those that highlights is the introduction on the legal text of the Procedure Constitutional Principles, already provide in the Constitution. The legislator's attitude positivate in the Ordinary   legislation   the   constitutional   principles   only   embodies   the   wave   of constitutionalization of rights. And the Civil Procedure could not be averse to this trend. Thus, this article aims to analyze the basic rules of civil procedure.

Civil Service Reform in Ghana: A Case Study of Contemporary ...

African Journals Online (AJOL)

Civil Service Reform in Ghana: A Case Study of Contemporary Reform Problems in Africa. Joseph R.A Ayee. Abstract. (A. J. of Political Science: 2001 6(1): 1-41). Full Text: EMAIL FULL TEXT EMAIL FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · http://dx.doi.org/10.4314/ajps.v6i1.27319 · AJOL African ...

Legislative vulnerability of minority groups.

Science.gov (United States)

Paula, Carlos Eduardo Artiaga; Silva, Ana Paula da; Bittar, Cléria Maria Lôbo

2017-12-01

Minorities are in an inferior position in society and therefore vulnerable in many aspects. This study analyzes legislative vulnerability and aims to categorize as "weak" or "strong" the protection conferred by law to the following minorities: elderly, disabled, LGBT, Indians, women, children/ adolescents and black people. In order to do so, it was developed a documental research in 30 federal laws in which legal provisions were searched to protect minorities. Next, the articles were organized in the following categories: civil, criminal, administrative, labor and procedural, to be analyzed afterwards. Legal protection was considered "strong" when there were legal provisions that observed the five categories and "weak" when it did not meet this criterion. It was noted that six groups have "strong" legislative protection, which elides the assertion that minorities are outside the law. The exception is the LGBT group, whose legislative protection is weak. In addition, consecrating rights through laws strengthens the institutional channels for minorities to demand their rights. Finally, it was observed that the legislative protection granted tominorities is not homogeneous but rather discriminatory, and there is an interference by the majority group in the rights regulation of vulnerable groups.

The law of the international civil service institutional law and practice in international organisations

CERN Document Server

Ullrich, Gerhard

2018-01-01

Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.

Harmonization of domestic legislation in the field of civil law with the European Union law: Securing of claims by means of fiduciary agreements

Directory of Open Access Journals (Sweden)

Pajtić Bojan

2012-01-01

legislation in the field of Civil Law with the European Union law, to regulate the institute of fiduciary agreements under the special law, integrate it into the Law on Obligations or make it a part of the future Civil Code of the Republic of Serbia.

National legislative and regulatory activities: Armenia, Brazil, Canada, France, Georgia, Greece, India, Ireland, Japan, Lithuania, Switzerland, Ukraine, United Arab Emirates, United States

International Nuclear Information System (INIS)

Anon.

2012-01-01

Armenia: Nuclear safety and radiological protection (Initiation of process relating to the life extension of nuclear power plant unit 2). Brazil: General legislation (Authorisation for the construction of nuclear submarines). Canada: Environmental protection (Changes to the federal environmental assessment law). France: Radioactive waste management (Changes to the National Plan for Management of Radioactive Materials and Waste). Georgia: Nuclear safety and radiological protection (New law on nuclear and radiation safety). Greece: Nuclear safety (Presidential decree on nuclear safety transposing European Council directive into national legislation); Emergency preparedness and response (Establishment of national plan for nuclear, radiological, biological and chemical threats). India: Licensing and regulatory infrastructure (Pending invitation for the IAEA's Integrated Regulatory Review Services to conduct a peer review); Liability and compensation (Committee on Subordinate Legislation Report on the Civil Liability for Nuclear Damage Rules, 2011). Ireland: Nuclear safety and radiological protection (Adoption of revised regulations regarding radiological protection). Japan: Nuclear Regulation Authority Act (Structure, Functions, New Nuclear Emergency Preparedness System). Lithuania: General legislation (New laws affecting Visaginas nuclear power plant project implementation); Licensing and regulatory infrastructure (Revised rules for issuing licenses and permits); Nuclear security (Revised physical protection requirements, New rules for the preparation of security plans); Radioactive waste management (Revised Rules of Procedure of Submission of Data on Activities Involving Radioactive Waste Disposal to the European Commission). Switzerland: General legislation (Draft energy strategy open for public comment until January 2013). Ukraine: Radioactive waste management (New law on development of a central repository); General legislation (Law providing for the location

Brazilian nuclear legislation. Revision n.1/2002; Legislacao nuclear brasileira. Revisao n. 1/2002

Energy Technology Data Exchange (ETDEWEB)

Matos, Gilberto Cardoso de

2002-07-01

This work intends to facilitate the access to the Brazilian nuclear legislation and other legal instruments, foreseeing the use of nuclear energy and ionizing radiation in health, work and environment areas up to 2002. Legislation on the civil liability of nuclear damage, the law of licensing taxes, controlling and inspection are also included.

The impact of the directive on payment services in the internal market on Danish and Belgian legislation on fraudulent payment transactions

DEFF Research Database (Denmark)

Henschel, Rene Franz; Steenot, Reinhard

2010-01-01

In December 2007, the European Directive on payment services in the internal market was published in the Official Journal of the European Union. This directive, which has to be transposed into national legislation. This directive, which has to be transposed into national legislation before 1...... out in what way the directive had or will have an impact on Danish and Belgian legislation. More specifically, we will examine how the rules incorporated in the European directive, which is based on the principle of maximum harmonisation, are implemented in Belgium and Denmark, whether...... the implementations are in accordance with the directive and, finally, whether the directive and the implementations reduce or strengthen the protection of payment service users in the two countries and promote the creation of a common internal market for payment services....

WHAT HAPPENS WHEN THE JUDICIARY SWITCHES ROLES WITH THE LEGISLATOR? AN INNOVATIVE ISRAELI VERSION OF A MIXED JURISDICTION

Directory of Open Access Journals (Sweden)

Haim Sandberg

2012-09-01

Full Text Available Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step.Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of

The impact of the Directive on Payment Services in the Internal Market on Danish and Belgium Legislation on Fraudulent Payment Transactions

DEFF Research Database (Denmark)

Henschel, Rene Franz; Steenot, Reinhard

2009-01-01

In December 2007, the European Directive on payment services in the internal market was published in the Official Journal. This Directive, which has to be transposed into national legislation before the 1st November 2009, contains many rules on payments, including rules on the allocation of liabi......In December 2007, the European Directive on payment services in the internal market was published in the Official Journal. This Directive, which has to be transposed into national legislation before the 1st November 2009, contains many rules on payments, including rules on the allocation...... and Belgian legislation. More specifically, we will examine how the rules incorporated in the European Directive, which is based on the principle of maximum harmonization, are implemented in Belgium and Denmark, whether the implementations are in accordance with the Directive and finally, whether...... the Directive and the implementations reduce or strengthen the protection of payment service users in the two countries and promotes the creation of a common internal market for payment services...

78 FR 672 - Civil Monetary Penalties

Science.gov (United States)

2013-01-04

... Part 3560 RIN 0575AC93 Civil Monetary Penalties AGENCY: Rural Housing Service, USDA. ACTION: Proposed rule. SUMMARY: The Rural Housing Service (RHS or Agency) proposes to implement two civil monetary... civil monetary penalties under the authority of 42 U.S.C. 1490s (section 543 of the Housing Act of 1949...

The Research of China's Civil Aviation Passenger Multi-Channel Service Technology Platform

Science.gov (United States)

Zhibing, Xue; Xinming, Wang

IATA is promoting Simplifying the Business. The traditional passenger services and business process, such as ticketing, airport counters, had a great influence. The airlines have the passenger service and convenience as the next product development requirements. With civil aviation industry and their company's products construction, the authors propose a solution of passenger multi-channel service product platform. The solution is to streamline the business as the breakthrough point, around the convenience of passengers travel services to travelers as the center, using the current mainstream and the latest IT technology to establish passenger service product platform. The solution will promote DCS e-ticketing business development and service channel diversity. In this paper, the research results have been applied in the product platform construction of the authors' company. The practice shows that through traditional business with the latest IT technologies, traditional passenger services into the emerging service model, passenger service product platform has strong advantages and characteristics. Based on the platform, various types of service products is growing rapidly.

Transformative Empowerment in the Lagos State Civil Service: A Gender Policy Discourse

Directory of Open Access Journals (Sweden)

Felicia A.D. Oyekanmi

2016-06-01

Full Text Available Transformation means positive change to new values and direction. This research is concerned with the relationship between empowerment processes that are transformatory and gender equality in the workplace. Its scope includes integrating a transformatory view into women’s and men’s consciousness and autonomy over their career, education and health. This research adopted a case-study approach by using the Ministries of Education, Health, Establishment, Training and Pensions and the Civil Service Commission in Lagos State, employing a combination of qualitative and quantitative research methods as its empirical research methodology. The field work was carried out in Lagos State in the months of June and July, 2014 while the interview was in July and August, 2014. This study demonstrated that gender-blind policies disempower women and perpetuate gender inequalities in the Lagos State Civil Service. Further, it shows that the manifestation of transformatory empowerment is jeopardised by women and men's compliance with the existing expectations and inaction to bring about changes in policies and practices that are detrimental to the attainment of gender equality in the work place.

Fixing Images: Civil Rights Photography and the Struggle Over Representation

Directory of Open Access Journals (Sweden)

Berger, Martin A.

2010-10-01

Full Text Available "Fixing Images" argues that the iconic photographs of civil rights played a key role in limiting the racial reforms of the 1960s. The famous photographs of dogs and fire hoses turned against peaceful black marchers in Birmingham, or of tear gas and clubs wielded against voter-rights marchers in Selma are routinely credited with galvanizing the sympathy of liberal whites in the north for the plight of blacks in the south and of smoothing the wayfor civil rights legislation. What goes unsaid is how the photographs moved whites to accept legislative and social reforms by perpetuating a picture of white control. The article illustrates how white sympathy was contingent on images that consistently displayed blacks as the passive and hapless victims of active and violent whites. And it demonstrates how the iconic images of civil rights ultimately limited efforts to enact – or even imagine – reforms that threatened to upend the racial balance of power.

Legal Regulation of Civil Servants in Russia and Germany Receiving Gifts

Directory of Open Access Journals (Sweden)

Svetlana Zimneva

2015-01-01

Full Text Available The article deals with the conflict between the provisions of the Criminal Code of the Russian Federation, where the minimum amount of the bribe is not defined, and the provision of the Federal Law ‘On State Civil Service of the Russian Federation,’ which, on the one hand, contains an absolute ban on civil servants receiving gifts and other types of remuneration, while, on the other hand, Art. 575 of the Civil Code of the Russian Federation admits a possibility for civil servants to receive gifts of an amount not exceeding 3,000 rubles in the performance of their official duties. This legal conflict necessitates conceptual clarification of such notions as ‘gift’ and ‘bribe.’The authors underline that a determining factor for establishing the legitimacy of the customary gifts given to government officials is whether the gifts were accepted by the officials, while executing their duties, without a prior agreement for an action or inaction. It is noted that the limitation of a gift’s maximum value to 3,000 rubles, as stated in the Civil Code of the Russian Federation, creates an opportunity to abuse or evade the law.The article presents a comparative study of European laws, more specifically dealing with the institute of donation, and Russian legislation regarding the possibility of civil servants receiving gifts. German law does not single out ‘customary gifts;’ it simply does not admit the possibility of giving gifts or the right to receive gifts by German civil servants.The authors have developed proposals to improve the legal regulation concerning the giving of gifts to government officials in Russia.

Civil liability related to imaging exams in Brazil

OpenAIRE

Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

2015-01-01

Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

Environmental legislation as the legal framework for mitigating natural hazards in Spain

Science.gov (United States)

Garrido, Jesús; Arana, Estanislao; Jiménez Soto, Ignacio; Delgado, José

2015-04-01

In Spain, the socioeconomic losses due to natural hazards (floods, earthquakes or landslides) are considerable, and the indirect costs associated with them are rarely considered because they are very difficult to evaluate. The prevention of losses due to natural hazards is more economic and efficient through legislation and spatial planning rather than through structural measures, such as walls, anchorages or structural reinforcements. However, there isn't a Spanish natural hazards law and national and regional sector legislation make only sparse mention of them. After 1978, when the Spanish Constitution was enacted, the Autonomous Communities (Spanish regions) were able to legislate according to the different competences (urban planning, environment or civil protection), which were established in the Constitution. In the 1990's, the Civil Protection legislation (national law and regional civil protection tools) dealt specifically with natural hazards (floods, earthquakes and volcanoes), but this was before any soil, seismic or hydrological studies were recommended in the national sector legislation. On the other hand, some Autonomous Communities referred to natural hazards in the Environmental Impact Assessment legislation (EIA) and also in the spatial and urban planning legislation and tools. The National Land Act, enacted in 1998, established, for the first time, that those lands exposed to natural hazards should be classified as non-developable. The Spanish recast text of the Land Act, enacted by Royal Legislative Decree 2/2008, requires that a natural hazards map be included in the Environmental Sustainability Report (ESR), which is compulsory for all master plans, according to the provisions set out by Act 9/2006, known as Spanish Strategic Environmental Assessment (SEA). Consequently, the environmental legislation, after the aforementioned transposition of the SEA European Directive 2001/42/EC, is the legal framework to prevent losses due to natural hazards

32 CFR 700.822 - Delivery of personnel to civil authorities and service of subpoena or other process.

Science.gov (United States)

2010-07-01

... service of subpoena or other process. 700.822 Section 700.822 National Defense Department of Defense... personnel to civil authorities and service of subpoena or other process. (a) Commanding officers or other... service of subpoenas or other process as provided by the Manual of the Judge Advocate General. ...

Civil society sphericules

DEFF Research Database (Denmark)

Tufte, Thomas

2014-01-01

the organization strategizes about and seeks to articulate amongst Tanzanian youth. Situated in the ‘perverse confluence’ (Dagnino, 2011) between neoliberal and radical democratic agendas in the communicative practices of civil society-driven media platforms, Femina navigates between identities as an NGO, a social...... movement and a media initiative. In the context of the growing literature on social networking sites and their affordances, dynamics and structures, the case of Femina illustrates how a civil society sphericule emerges within the dynamic co-evolution of new and old media platforms. The study is furthermore...... an example of the difficult shift in civil society practice, from service provision to an agenda of public service monitoring, social accountability and community engagement....

Teenage pregnancies in the European Union in the context of legislation and youth sexual and reproductive health services.

Science.gov (United States)

Part, Kai; Moreau, Caroline; Donati, Serena; Gissler, Mika; Fronteira, Inês; Karro, Helle

2013-12-01

To study cross-country and regional variations and trends in reported teenage pregnancies in the context of legislation and youth sexual and reproductive health (SRH) services in Europe. Data were collected on teenage live births and induced abortions, abortion legislation and youth SRH services. Population-based statistics from the European Union (EU) member states. Fifteen- to nineteen-year-old female teenagers. Detailed statistical information for each member state about teenage live births, induced abortions, abortion legislation and youth SRH services were compiled relying on national and international data sources. The annual reported pregnancies per 1000 women aged 15-19 years. Teenage pregnancy rates have declined since 2001, although progress has been uneven across regions and countries. Eastern Europe has a higher average teenage pregnancy rate (41.7/1000) than Northern (30.7/1000), Western (18.2/1000) and Southern Europe (17.6/1000). While data on teenage live births are available across Europe, data on teenage abortions are unavailable or incomplete in more than one-third of EU countries. Reported teenage pregnancy rates are generally lower for countries where parental consent for abortion is not required, youth SRH services are available in all areas and contraceptives are subsidized for all minors, compared with countries where these conditions are not met. The collection of standardized teenage pregnancy statistics is critically needed in the EU. The remarkable variability in teenage pregnancy rates across the EU is likely to be explained, among other factors, by varying access to abortion and youth SRH services. © 2013 Nordic Federation of Societies of Obstetrics and Gynecology.

Three-Year Follow-Up of Same-Sex Couples Who Had Civil Unions in Vermont, Same-Sex Couples Not in Civil Unions, and Heterosexual Married Couples

Science.gov (United States)

Balsam, Kimberly F.; Beauchaine, Theodore P.; Rothblum, Esther D.; Solomon, Sondra E.

2008-01-01

This study was a 3-year follow-up of 65 male and 138 female same-sex couples who had civil unions in Vermont during the 1st year of that legislation. These couples were compared with 23 male and 61 female same-sex couples in their friendship circles who did not have civil unions and with 55 heterosexual married couples (1 member of each was a…

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.

5 CFR 919.920 - Civil judgment.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section 919.920 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.920 Civil judgment. Civil judgment...

Civil liability for nuclear damage

International Nuclear Information System (INIS)

1963-01-01

An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

Status of legislation

International Nuclear Information System (INIS)

Warner, C.

1982-01-01

The status of the House legislation, the major differences between the House and Senate legislation and a preview of what is likely to take place during the lame duck session in December are presented. The House legislation provides: long-term program leading toward permanent disposal of nuclear waste; an interim program for storage and for expansion of storage space for spent fuel; provides an R and D component through what is called a test and evaluation facility; an alternative long-term storage program based on a proposal to be completed by the Department of Energy on what's called Monitored Retrievable Storage; full upfront financing of the program through user fees based on contracts between the government and the users of the nuclear waste disposal services

78 FR 47018 - Civil Service Retirement System and Federal Employees' Retirement System; Opportunity for...

Science.gov (United States)

2013-08-02

... System; Opportunity for Annuitants to Elect Survivor Annuity Benefits for Same-Sex Spouses AGENCY: Office... survivor annuities for their spouses under the Civil Service Retirement System (CSRS) and Federal Employees... survivor annuities for their spouses based on their recognized marital status. FOR FURTHER INFORMATION...

The Impact of Organizational Politics on The Effectiveness of Management Development In The Kenya Civil Service

Directory of Open Access Journals (Sweden)

Professor Roselyne W. Gakure

2013-07-01

The study found that managers were fully aware of the political context of the civil service but they did not think that Organizational Politics affected key management areas and felt that their supervisors supported them and ensured they were clear about their roles. They however thought that Organization Politics affected social relations at the workplace significantly. The study concluded that practices like performance contracting had reduced negative impacts and ensured that managers were clear on what was expected of them. The effect of politics on social relationships could be the reason for the ‘silo mentality’ pervading the civil service interfering with learning from each other, limiting benchmarking of successful interventions and resulting in duplication of effort that interferes with effective service delivery. The study recommends that the Government addresses the impact of politics on social relationships to improve work based learning through internal bench marking.

Third party nuclear liability regime in the Romanian legislation - current status

International Nuclear Information System (INIS)

Chirica, T.; Chiripus, V.

2004-01-01

The regime of civil liability for nuclear damages in the Romanian legislation is defined by Law no. 703/2001 on civil liability for nuclear damages, as well as Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper aims at presenting to the audience the main elements of the relatively recent legal framework, namely: the scope of Law no. 703/2001, as well as the subjects to whom such law applies, the regime of civil liability for nuclear damages in Romania (with special emphasis on the relevant responsibilities of nuclear operators), the Romanian nuclear damages compensation system, statute of limitation for claims, types of insurance and financial guarantees covering against civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage.(author)

Civil defence abroad. Pt. 3: The Warsaw Pact countries

International Nuclear Information System (INIS)

Schirrmeister, K.G.; Hofmann, H.

1988-01-01

Civil defence forms part of the national defence of the G.D.R., and belongs since 1976 to the responsibility of the Defence Ministry. Civil defence service is equal to military service. Civil defence services are organised on a territorial basis and a production-oriented basis: Double concept. Construction of shelters is propagated for 30 years now, maintenance of existing buildings is an obligation since 1965. Principles (triage) of military medical service are applied, and are valid for students and post-graduate medical training. Civil defence training is required in school and industry. Civil defence expenditure is increasing, although there is little acceptance by the population. The issue presents extensive documentation. - Civil defence in the Soviet Union covers services in times of peace and of war. Defence measures are prepared and held up to date in the entire territory. The civil defence service belongs to the responsibility of the Council of Ministers, and the deputy minister of defence is the head of services. The training schedules and principles are laid down by the Central Committee of the Communist Party, the government, and local party organisations and governmental authorities. Civil defence training is a general obligation for all citizens over 8 years of age. The main goal is: Protection of the population as the production force, of the economy, and resources. (orig.) [de

Legislators' positions on gay and lesbian rights: the personal and political.

Science.gov (United States)

Herrick, Rebekah

2010-01-01

This article examines state legislators' public position on gay and lesbian rights by using responses to survey data on their positions toward civil unions and inclusion of sexual orientation in anti-job discrimination laws. The research finds that although state legislators are mixed on their positions, they are less supportive of gay and lesbian rights than is the general public. It also finds that their public positions are a product of both their personal beliefs and values as well as their political calculations. The implications of these findings are explored.

Foreign trade legislation, war weapons control legislation

International Nuclear Information System (INIS)

Hucko, E.M.

1993-01-01

The volume contains, in addition to an introduction into the matter, the texts of the Foreign Trade Act (FTA), the War Weapons Control Act and all relevant ordinances. Foreign trade transactions of the Federal Republic of Germany are essentially, but not exclusively, governed by the FTA. They are strongly influenced by the legislation of the European Communities which in the form of directives are immediately effective here, and in the form of guidelines oblige the German lawgiver or ordinance giver to translate them into practice, mostly by appropriate modifications of the foreign trade ordinance, the import and export lists. It is not the war weapons which are the problem, but the so-called dual-use goods, namely articles, technologies and knowledge which, as a rule, serve civil purposes, which, however, may be used also to produce weapons, in particular ABC weapons or rockets. Nowadays we are concerned about several third-world states which are obsessed by the wish to build their own atomic bomb. (orig./HSCH) [de

Legislative Study on China’s Compensation for Nuclear Damage Liability

Directory of Open Access Journals (Sweden)

Jiu Liu

2018-06-01

Full Text Available The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.

42 CFR 493.1846 - Civil action.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil action. 493.1846 Section 493.1846 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) STANDARDS AND CERTIFICATION LABORATORY REQUIREMENTS Enforcement Procedures § 493.1846 Civil action. If CMS...

FIDUCIA IN THE LIGHT OF THE NEW CIVIL CODE INSTITUTION OF LAW WITH UNREGULATED FINALITY

Directory of Open Access Journals (Sweden)

Claudiu Răzvan DEDU

2015-07-01

Full Text Available The institution of “Fiducia” relatively completely regulated by the content of the art. 773-791 of the New Civil Code, represents, together to the institution of periodic property and the one of administration of one's assets, a premiere in the Romanian civil law. The apparition of this institution of law in the continental law (also in the Romanian law is the result of a long interface process between the civil continental law and the Anglo-Saxon one, during which many institutions of law or types of contracts have been taken over in the continental law, as a consequence of the globalisation of the business relationships. The legal mechanism of Fiducia exists in the continental law since its beginnings, more precisely even since the apogee of the Roman law. This way, this legal instrument, of assets administration can be found in the legislation of many European states, among which, we can mention the Anglo-Saxon legislation (trust, German legislation (trauhand, French legislation – legislation which represented the inspiration source of the Romanian legislator in the matter of Fiducia. Unlike the Anglo-Saxon law, where the trust has three forms (guarantee, administration and the one concluded for performance of a liberality in the Romanian law, fiducia has only two of these forms, respectively, Fiducia as guarantee and Fiducia as administration. In the banking field, Fiducia as guarantee, although it has real practical advantages comparing to the most commonly used real estate mortgage, it is not used by the credit institutions, these still preferring that the reimbursement of the loans granted to be guaranteed by a mortgage contract.

[The Patient Rights Act (PatRG)--part 1: legislative procedure, treatment contract, contracting parties and their obligations to cooperate and inform].

Science.gov (United States)

Parzeller, Markus; Zedler, Barbara

2013-01-01

The article deals with the new regulations in the German Civil Code (BGB) which came into effect in Germany on 26 Feb 2013 as the Patient Rights Act (PatRG). In Part I, the legislative procedure, the treatment contract and the contracting parties (Section 630a Civil Code), the applicable regulations (Section 630b Civil Code) and the obligations to cooperate and inform (Section 630c Civil Code) are discussed and critically analysed.

47 CFR 90.411 - Civil defense communications.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 5 2010-10-01 2010-10-01 false Civil defense communications. 90.411 Section 90... PRIVATE LAND MOBILE RADIO SERVICES Operating Requirements § 90.411 Civil defense communications. The... necessary for the implementation of civil defense activities assigned such station by local civil defense...

Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code

Directory of Open Access Journals (Sweden)

Janku Martin

2015-12-01

Full Text Available In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major. The Czech regulations represented by the new Civil Code of 2012 (CivC, however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.

Legislative and policy frameworks for basic services: A South African comparative study

Directory of Open Access Journals (Sweden)

Hlako Choma

2015-12-01

Full Text Available It is common course that equitable access to water and sanitation must be accordingly and primarily regarded as criteria for the realization of other several human rights, such as the right to life, dignity, health, food, adequate standard of living and education. Access to safe drinking water and sanitation is essential to the enjoyment of safety and environment that is not hazardous to human health. The lack of water and sanitation does not only hinder access to other available rights, but also magnifies the vulnerability of women, girls and people with disabilities. Water and sanitation services are of outmost important to the health and wellbeing of all people. South Africa is operating under one of the most outstanding legislative and policy frameworks for basic services in the world, including the Constitutional right of access to sufficient water and right to basic sanitation.

THEORETICAL ASPECTS REGARDING THE OBLIGATION AS PROVIDED BY THE ROMANIAN LEGISLATION AND THE DOCTRINE

Directory of Open Access Journals (Sweden)

Bogdan NAZAT

2015-07-01

Full Text Available Taking into consideration the latest amendments of the Romanian civil legislation performed through the Civil code of 2009, as further amended, I consider useful to provide the lecturers with a theoretical overview over one of the most important institution in our legal environment, i.e. the obligation. The analyse will start with an introduction comprising the definition of the obligation as provided by the Civil code aand the doctrina, will continue with the structure of the obligation and, further, will offer an overview of its sources, identifying, inter alia, the articles in the Civil code where such sources are regulated (e.g. contract, law. In the end, the paper will provide a doctrinaire classification of the obligation, outlining the main categories of the obligations.

THE LAWYER`S OPINION IN MODERN CIVIL LAW

Directory of Open Access Journals (Sweden)

Elena Evgenyevna Dubovaya

2015-12-01

Full Text Available Purpose to define value of freedom and fight of opinions, views and lawyer’s positions in development of science of civil law.Methodology theoretical analysis, inductive and deductive methods.Results It is established that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. So, free expression of opinions is the engine of development of civil law.Practical implications introduction in educational process on disciplines of civil jurisprudence, further research of fight of opinions in civil law.Tendencies of the present stage of development of legal system are characterized by aspiration to fix in the Russian legal system of the beginning of private law, where at the head of a corner – people as a legal entity. Opinions of lawyers on various legal problems, and the attitudes towards these opinions are subject to considerable dynamics. The centuries-old history of development of the right showed that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. The modern civil law widely uses a method of comparative jurisprudence, studying experience of the civilized countries which promoted in development of the civil legislation.

Interdits et interdictions dans le droit de la fonction publique Prohibitions in Civil Service Law

Directory of Open Access Journals (Sweden)

Nicolas Guillet

2009-09-01

Full Text Available Dans le droit français de la fonction publique, les interdits découlent de la situation légale et réglementaire faite aux agents publics. Cette situation juridique objective en constitue le fondement et conduit à une forme d’indétermination de leur étendue. Pour autant, l’apparition de la notion de « déontologie du fonctionnaire » laisse apparaître une mutation de la logique d’interdiction. Cette mutation se traduit par une invitation au respect de bonnes pratiques professionnelles mais aussi à une normalisation des comportements des agents publics.In the French law concerning civil service, prohibitions originate in the situation of the civil servants according to law and regulations. This objective legal situation constitutes the basis of these prohibitions and leads to a sort of indetermination in their scope. However the apparition of the concept of “civil servant’s deontology” shows a mutation in the prohibition’s logics. This mutation is translated into an invitation to respect good professional practices but also into a normalisation of the behaviour of civil servants.

On the history of codification of Hungarian civil law and the new Hungarian civil code

Directory of Open Access Journals (Sweden)

Salma Jožef

2014-01-01

Full Text Available The first part of the paper examines the basic tendencies in the development of the codification of Hungarian civil law in the period of representative and civil society. The second part deals with the new Hungarian Civil Code (2013/14 its content, methods of regulation and its relation to other civil legislation, temporal validity with the adherence to the idea of validity pro futuro, as well as its tendency to harmonize its norms with the guidelines of the European civil law. In accordance with the idea of completeness, the lawmakers incorporated all of the areas of civil law according to the pandecta system - personal law, corporate law with civil association law, family law, obligations and inheritance. The Code is based on the principle of equality of parties in civil relations, the principle of good faith, fraus legis prohibition. Family law is based on specific principles of protection of marriage, family and children. Contract law is based on the freedom of contract, limited by good customs and morality. Tort law is guided by the principle of prohibiting the harm to others, full compensation of material and imaterial damages. Contractual responsibility is regulated separately, so that the tort rules apply if the specific rules of contractual responsibility donot say otherwise. Other grounds for obligations are also regulated, as well as unjustified enrichment, doing business without order or authority, unilateral expression of intention and securities. The grounds for inheritance are contractual, statutory or based on the will. Freedom of disposition by will is limited by statutory rules regulating the forced share. The system of transfer of property ex lege after the death is adopted. The state is a successor if there are no testamentary, statutory or contractual inheritors.

45 CFR 61.9 - Reporting civil judgments related to the delivery of a health care item or service.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Reporting civil judgments related to the delivery of a health care item or service. 61.9 Section 61.9 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL ADVERSE INFORMATION...

Civil responsibilities stemming from environmental damage (ecological transgression and legal system). Responsabilidad civil por danos al medio ambiente (delito ecologico y sistema juridico)

Energy Technology Data Exchange (ETDEWEB)

1994-01-01

This book contains the conferences of the course on civil responsibility by environmental damage. The conferences are: 1.- The EU and the responsibility by environmental damage 2.- Ecological damage 3.- Legislation of environmental damage 4.- Ecoaudits 5,. Environment and law 6.- Environment and the law in the EU.

Co-production of community mental health services: Organising the interplay between public services and civil society in Denmark.

Science.gov (United States)

Vaeggemose, Ulla; Ankersen, Pia Vedel; Aagaard, Jørgen; Burau, Viola

2018-01-01

Co-production involves knowledge and skills based on both lived experiences of citizens and professionally training of staff. In Europe, co-production is viewed as an essential tool for meeting the demographic, political and economic challenges of welfare states. However, co-production is facing challenges because public services and civil society are rooted in two very different logics. These challenges are typically encountered by provider organisations and their staff who must convert policies and strategies into practice. Denmark is a welfare state with a strong public services sector and a relatively low involvement of volunteers. The aim of this study was to investigate how provider organisations and their staff navigate between the two logics. The present analysis is a critical case study of two municipalities selected from seven participating municipalities, for their maximum diversity. The study setting was the Community Families programme, which aim to support the social network of mental health users by offering regular contact with selected private families/individuals. The task of the municipalities was to initiate and support Community Families. The analysis built on qualitative data generated at the organisational level in the seven participating municipalities. Within the two "case study" municipalities, qualitative interviews were conducted with front-line co-ordinators (six) and line managers (two). The interviews were recorded, transcribed verbatim and coded using the software program NVivo. The results confirm the central role played by staff and identify a close interplay between public services and civil society logics as essential for the organisation of co-production. Corresponding objectives, activities and collaborative relations of provider organisations are keys for facilitating the co-productive practice of individual staff. Organised in this way, co-production can succeed even in a mental health setting associated with social stigma

National Health Service Principles as Experienced by Vulnerable London Migrants in "Austerity Britain": A Qualitative Study of Rights, Entitlements, and Civil-Society Advocacy.

Science.gov (United States)

Rafighi, Elham; Poduval, Shoba; Legido-Quigley, Helena; Howard, Natasha

2016-05-08

Recent British National Health Service (NHS) reforms, in response to austerity and alleged 'health tourism,' could impose additional barriers to healthcare access for non-European Economic Area (EEA) migrants. This study explores policy reform challenges and implications, using excerpts from the perspectives of non-EEA migrants and health advocates in London. A qualitative study design was selected. Data were collected through document review and 22 in-depth interviews with non-EEA migrants and civil-society organisation representatives. Data were analysed thematically using the NHS principles. The experiences of those 'vulnerable migrants' (ie, defined as adult non-EEA asylum-seekers, refugees, undocumented, low-skilled, and trafficked migrants susceptible to marginalised healthcare access) able to access health services were positive, with healthcare professionals generally demonstrating caring attitudes. However, general confusion existed about entitlements due to recent NHS changes, controversy over 'health tourism,' and challenges registering for health services or accessing secondary facilities. Factors requiring greater clarity or improvement included accessibility, communication, and clarity on general practitioner (GP) responsibilities and migrant entitlements. Legislation to restrict access to healthcare based on immigration status could further compromise the health of vulnerable individuals in Britain. This study highlights current challenges in health services policy and practice and the role of non-governmental organizations (NGOs) in healthcare advocacy (eg, helping the voices of the most vulnerable reach policy-makers). Thus, it contributes to broadening national discussions and enabling more nuanced interpretation of ongoing global debates on immigration and health. © 2016 by Kerman University of Medical Sciences

49 CFR 228.21 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 228.21 Section 228.21..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.21 Civil... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

Experience within the CERN Civil Engineering Group with Outsourced Design Services

CERN Document Server

Watson, T

1998-01-01

In April 1996, CERN awarded three contracts for civil engineering design services associated with the LHC project. The three contracts were awarded to three different joint ventures of firms from five member states. The total bid price for these services was in excess of 35 MCHF and the contracts will run for up to seven years. This paper aims to discuss and analyze the experience gained to date in the management of these contracts. In particular, the paper will address the issues of conditions of contract and specification for this form of contract. Current experience with each of the three consultants will be presented with the areas of difficulty highlighted. Conclusions will be made regarding future use of such contracts and in particular the way in which CERN must change in order to work efficiently with external designers.

Proposal for the increase of the contract amounts for LHC civil engineering construction and civil engineering consultancy contracts

CERN Document Server

2001-01-01

This document concerns the increase of the contract amounts for LHC civil engineering construction contracts and civil engineering consultancy contracts. The Finance Committee is invited to agree to the increase of the contract amounts with: - the joint venture TEERAG-ASDAG (AT), C. BARESEL (DE) and LOCHER (CH) for civil engineering construction, package 1, for a revised total amount of 91 500 000 Swiss francs, subject to revision; - the joint venture EDF (FR) and KNIGHT&PIESOLD (GB) for the provision of civil engineering consultancy services, package 1, for a revised total amount of 14 400 000 Swiss francs, subject to revision; - the joint venture TAYLOR WOODROW (GB), AMEC (GB) and SPIE BATIGNOLLES (FR) for civil engineering construction, package 3a, for a revised total amount of 118 000 000 Swiss francs, subject to revision; - the joint venture BROWN&ROOT (GB), INTECSA (ES) and HIDROTECNICA (PT) for the provision of civil engineering consultancy services, package 3, for a revised total amount of 14 ...

Civil Society Advocacy for Construction of Education Legislation in Brazil: Education Diplomacy in a National Network

Science.gov (United States)

Cara, Daniel; Pellanda, Andressa

2018-01-01

Advocacy efforts often contribute to broader Education Diplomacy goals. The Brazilian Campaign for the Right to Education coordinated an effort among diverse civil society stakeholders to ensure their voice was included in developing Brazil's National Education Plan (NEP). As a result of their advocacy strategy, civil society participated in…

39 CFR 233.12 - Civil penalties.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Civil penalties. 233.12 Section 233.12 Postal... Civil penalties. False representation and lottery orders— (a) Issuance. Pursuant to 39 U.S.C. 3005, the... be liable to the United States for a civil penalty in an amount not to exceed $11,000 for each day...

PHILANTHRPY AND ITS ROLE IN FORMING CIVIL SOCIETY IN RUSSIAN FEDERATION

Directory of Open Access Journals (Sweden)

V. R. Goryatcheva

2012-01-01

Full Text Available The institution of philanthropy is an important part of any civil society. The article provides definition of a charity institution and stresses the important role of legislation in the development of philanthropy. Legislation in the field of philanthropy in the Russian Federation, including mainlegal acts and the taxation system of non-governmental non-commercial organizations, are discussed. Essential tax deductions for charitable work lead to the emergence of patterns of tax evasion, including withdrawal of funds to offshore areas.

New Public Management, Public Service Bargains and the challenges of interdepartmental coordination: a comparative analysis of top civil servants in state administration

DEFF Research Database (Denmark)

Hansen, Morten Balle; Steen, Trui; de Jong, Marsha

2013-01-01

In this article we are interested in how the coordinating role of top civil servants is related to the argument that country-level differences in the adoption of New Public Management significantly alter the Public Service Bargains of top civil servants and consequently their capacity to accompli...

Evaluating Options for Civil Space Situational Awareness (SSA)

Science.gov (United States)

Lal, B.; Carioscia, S. A.

In recent years, the number of active satellites and human-made orbital space debris has increased dramatically. An expansion of activities in space, as is currently being proposed by many commercial and international entities, is expected to further exacerbate this challenge. The 18th Space Control Squadron under the Department of Defense (DOD) United States Strategic Command provides space situational awareness (SSA) services to users outside the national security community at no cost. International and commercial users demand better SSA service than is currently feasible, and the demand comes at a time when DOD is under pressure to better prepare for and respond to growing space-based threats to national security. Concerned about the possibility of overextending across conflicting missions in a fiscally constrained environment, some DOD officials have publicly noted a desire to move SSA services not related to national security out of DOD purview. Responding to a request from the Federal Aviation Administration (FAA) Office of Commercial Space Transportation (AST), researchers at the Science and Technology Policy Institute (STPI) identified and evaluated potential approaches for providing SSA services for civil and commercial operations in space. In this paper, we summarize the report [1] and present the pros and cons of four approaches to the provision of civil SSA services in the United States: (1) maintaining status quo through continued provision by DOD; (2) provision by a civil government entity; (3) industry self-provision; and (4) provision by an international organization. Within the second approach, assuming the provision of SSA by a civil agency, STPI further identified and discussed four options: (1) civil agency service capability embedded within DOD; (2) independent civil service capability, using DOD software and systems; (3) independent civil service capability, using commercial software and systems; and (4) the government certifies non

National Health Service Principles as Experienced by Vulnerable London Migrants in “Austerity Britain”: A Qualitative Study of Rights, Entitlements, and Civil-Society Advocacy

Directory of Open Access Journals (Sweden)

Elham Rafighi

2016-10-01

Full Text Available Background: Recent British National Health Service (NHS reforms, in response to austerity and alleged ‘health tourism,’ could impose additional barriers to healthcare access for non-European Economic Area (EEA migrants. This study explores policy reform challenges and implications, using excerpts from the perspectives of non-EEA migrants and health advocates in London. Methods: A qualitative study design was selected. Data were collected through document review and 22 indepth interviews with non-EEA migrants and civil-society organisation representatives. Data were analysed thematically using the NHS principles. Results: The experiences of those ‘vulnerable migrants’ (ie, defined as adult non-EEA asylum-seekers, refugees, undocumented, low-skilled, and trafficked migrants susceptible to marginalised healthcare access able to access health services were positive, with healthcare professionals generally demonstrating caring attitudes. However, general confusion existed about entitlements due to recent NHS changes, controversy over ‘health tourism,’ and challenges registering for health services or accessing secondary facilities. Factors requiring greater clarity or improvement included accessibility, communication, and clarity on general practitioner (GP responsibilities and migrant entitlements. Conclusion: Legislation to restrict access to healthcare based on immigration status could further compromise the health of vulnerable individuals in Britain. This study highlights current challenges in health services policy and practice and the role of non-governmental organizations (NGOs in healthcare advocacy (eg, helping the voices of the most vulnerable reach policy-makers. Thus, it contributes to broadening national discussions and enabling more nuanced interpretation of ongoing global debates on immigration and health.

Legislation on violence against women: overview of key components.

Science.gov (United States)

Ortiz-Barreda, Gaby; Vives-Cases, Carmen

2013-01-01

This study aimed to determine if legislation on violence against women (VAW) worldwide contains key components recommended by the Pan American Health Organization (PAHO) and the United Nations (UN) to help strengthen VAW prevention and provide better integrated victim protection, support, and care. A systematic search for VAW legislation using international legal databases and other electronic sources plus data from previous research identified 124 countries/territories with some type of VAW legislation. Full legal texts were found for legislation from 104 countries/territories. Those available in English, Portuguese, and Spanish were downloaded and compiled and the selection criteria applied (use of any of the common terms related to VAW, including intimate partner violence (IPV), and reference to at least two of six sectors (education, health, judicial system, mass media, police, and social services) with regard to VAW interventions (protection, support, and care). A final sample from 80 countries/territories was selected and analyzed for the presence of key components recommended by PAHO and the UN (reference to the term "violence against women" in the title; definitions of different types of VAW; identification of women as beneficiaries; and promotion of (reference to) the participation of multiple sectors in VAW interventions). Few countries/territories specifically identified women as the beneficiaries of their VAW legislation, including those that labeled their legislation "domestic violence" law ( n = 51), of which only two explicitly mentioned women as complainants/survivors. Only 28 countries/territories defined the main forms of VAW (economic, physical, psychological, and sexual) in their VAW legislation. Most highlighted the role of the judicial system, followed by that of social services and the police. Only 28 mentioned the health sector. Despite considerable efforts worldwide to strengthen VAW legislation, most VAW laws do not incorporate the key

42 CFR 59.209 - Civil rights.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Civil rights. 59.209 Section 59.209 Public Health... Grants for Family Planning Service Training § 59.209 Civil rights. Attention is called to the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and in...

Bulgarian energy legislation. Status quo and problems

International Nuclear Information System (INIS)

Denchev, P.

1996-01-01

The author gives a general survey of the present situation and the development tendencies in the Bulgarian nuclear legislation. The latest amendments of the Atomic Energy Act passed by the Bulgarian Parliament are discussed. Special attention is paid to the ratification of the following four groups of international documents: 1) The Convention on Nuclear Safety; 2) The Vienna Convention on Civil Liability for Nuclear Damage and the Joint Protocol on the Application of the Vienna Convention and the Paris Convention on Third Party Liability in the Field of Nuclear Energy; 3) The Convention for the Physical Protection of Nuclear Material, the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency; 4) The European Energy Charter and its Protocol on Energy Efficiency. The need of adoption of new legislative documents regulating the supply of radioactive materials according to the EURATOM Treaty is stressed

Legislation and patients' rights: some necessary remarks.

Science.gov (United States)

Mujovic-Zornic, Hajrija

2007-12-01

The essence of a patient's rights and legislation framework requires an answer to the question on how legislation can work towards better defining, respecting, protecting and effectiveness of these rights. First, it is necessary to give a short introduction to patients' rights, their definition and different classifications. In the long list of human rights, patients' rights obviously take one of the very important places. Human life and health are the values, which, in comparison with all other human values, are considered as values of the highest rank. Patients' rights represent a legal expression of something, which every person basically and naturally expects from a doctor, medical staff, and from a health care system in general. The subject of the second part of this paper presents the intention, scope and conception of necessary legislation. How should it be considered - in a wider sense or as a special law? Some theoretical and practical questions regarding interaction between medical ethics regulation, confidentiality, and legislation are discussed as well. In the European context there are numerous examples of laws with the specific purpose of protecting patients' rights. Special attention and critical review will be paid to the situation of patients' rights in Serbia. The paper concludes with the point that the role of legislation is evidently important, but the traditional view should be replaced with a new one, due to the reason that modem health law puts the protection of patients' rights on a higher level. De lege lata, the whole system of health law in its diversity (civil, penal and administrative) is characterized by better understanding of rights, duties and legal relations, either through regulation or the protection of patients' rights.

75 FR 1076 - Outer Continental Shelf Civil Penalties

Science.gov (United States)

2010-01-08

... initiate civil penalty proceedings; however, violations that cause injury, death, or environmental damage... DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf Civil Penalties... daily civil penalty assessment. SUMMARY: The Outer Continental Shelf Lands Act requires the MMS to...

Nuclear regulatory legislation, 104th Congress. Volume 2, No. 4

International Nuclear Information System (INIS)

1997-12-01

This document is the second of two volumes compiling statutes and material pertaining to nuclear regulatory legislation through the 104th Congress, 2nd Session. It is intended for use as a U.S. Nuclear Regulatory Commission (NRC) internal resource document. Legislative information reproduced in this document includes portions of the Paperwork Reduction Act, various acts pertaining to low-level radioactive waste, the Clean Air Act, the Federal Water Pollution Control Act, the National Environmental Policy Act, the Hazardous Materials Transportation Act, the West Valley Demonstration Project Act, Nuclear Non-Proliferation and Export Licensing Statutes, and selected treaties, agreements, and executive orders. Other information provided pertains to Commissioner tenure, NRC appropriations, the Chief Financial Officers Act, information technology management reform, and Federal civil penalties

Nuclear regulatory legislation, 104th Congress. Volume 2, No. 4

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-12-01

This document is the second of two volumes compiling statutes and material pertaining to nuclear regulatory legislation through the 104th Congress, 2nd Session. It is intended for use as a U.S. Nuclear Regulatory Commission (NRC) internal resource document. Legislative information reproduced in this document includes portions of the Paperwork Reduction Act, various acts pertaining to low-level radioactive waste, the Clean Air Act, the Federal Water Pollution Control Act, the National Environmental Policy Act, the Hazardous Materials Transportation Act, the West Valley Demonstration Project Act, Nuclear Non-Proliferation and Export Licensing Statutes, and selected treaties, agreements, and executive orders. Other information provided pertains to Commissioner tenure, NRC appropriations, the Chief Financial Officers Act, information technology management reform, and Federal civil penalties.

45 CFR 1230.200 - Agency and legislative liaison.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Agency and legislative liaison. 1230.200 Section 1230.200 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE NEW RESTRICTIONS ON LOBBYING Activities by Own Employees § 1230.200 Agency and legislative...

78 FR 66972 - Submission for Review: Designation of Beneficiary: Civil Service Retirement System (CSRS), SF 2808

Science.gov (United States)

2013-11-07

... OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Designation of Beneficiary: Civil Service Retirement System (CSRS), SF 2808 AGENCY: U.S. Office of Personnel Management. ACTION: 60-Day notice and... Retirement System, SF 2808. As required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C...

42 CFR 73.21 - Civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Civil money penalties. 73.21 Section 73.21 Public... SELECT AGENTS AND TOXINS § 73.21 Civil money penalties. (a) The Inspector General of the Department of Health and Human Services is delegated authority to conduct investigations and to impose civil money...

Mental health legislation in Ireland: a lot done, more to do.

Science.gov (United States)

Latif, Zahid; Malik, Mansoor A

2012-01-01

Mental health legislation is necessary to protect the rights of people with mental disorders, a vulnerable section of society. Ireland's new Mental Health Act 2001 was fully implemented in 2006 with the intent of bringing Irish legislation more in line with international standards, such as the European Convention on Human Rights and United Nations Principles for the Protection of Persons with Mental Illness. The new legislation introduced several important reforms in relation to involuntary admission, independent reviews of involuntary detention, consent to treatment, and treatment of children and adolescents. It also presented significant challenges in terms of service delivery and resources within Irish mental health services. Both mental health service users and providers reported a range of difficulties with the new legislation. In this article, we analyze the Irish Mental Health Act focusing on the enhanced protection that it provides for patients, but also highlighting some areas of concern such as the conduct of mental health tribunals, consent and capacity problems, resource allocation, and disruptions in mental health service delivery.

CDC STATE System Tobacco Legislation - Tax

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation-Tax. The STATE System...

CDC STATE System Tobacco Legislation - Tax

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2018. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation-Tax. The STATE System...

7 CFR 1735.15 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1735.15 Section 1735.15 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE... Policies § 1735.15 Civil rights. Borrowers are required to comply with certain regulations on...

Predicting Pre-Service Classroom Teachers' Civil Servant Recruitment Examination's Educational Sciences Test Scores Using Artificial Neural Networks

Science.gov (United States)

Demir, Metin

2015-01-01

This study predicts the number of correct answers given by pre-service classroom teachers in Civil Servant Recruitment Examination's (CSRE) educational sciences test based on their high school grade point averages, university entrance scores, and grades (mid-term and final exams) from their undergraduate educational courses. This study was…

New tendencies in the legal mark give the civil liability for nuclear damages

International Nuclear Information System (INIS)

Gil Portela, Rosario; Alonso Gonzalez, Ivonne

1998-01-01

The development gives an indispensable legal mark for the execution a nuclear program it includes relative special dispositions to the civil liability for nuclear damages. The existence gives an international regime in this matter and its current improvement, give the one that Cuba is State it leaves, it conditions the inclusion additional requirements in the national legislative system on civil liability relatives to the possible damages that it could cause to the personal one and environment in general a nuclear accident

7 CFR 1738.17 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1738.17 Section 1738.17 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES Loan Purposes and Basic Policies § 1738.17 Civil rights...

Influencing Student Beliefs about the Role of the Civil Engineer in Society

Science.gov (United States)

Nesbit, Susan E.; Sianchuk, Robert; Aleksejuniene, Jolanta; Kindiak, Rebecca

2012-01-01

This study suggests that community service learning experiences facilitate the reconstruction of civil engineering student beliefs about both the type of work performed by civil engineers and the broad impact of civil engineering knowledge. Further, the service learning experiences highlight for students 1) the importance of relationships between…

Responsabilidade civil do Estado por omissão estatal Civil liability of the State for environmental neglect

Directory of Open Access Journals (Sweden)

Haide Maria Hupffer

2012-06-01

Full Text Available Constituição Federal de 1988 é um divisor de águas ao assumir-se como Constituição Ambiental, provocando uma ruptura em relação ao conceito de responsabilidade civil. Partindo de uma abordagem qualitativa, dialética e jurisprudencial, este artigo analisa o Princípio Responsabilidade desenvolvido por hans jonas e realiza um diálogo com o instituto da responsabilidade civil ambiental, identificando, com apoio na legislação constitucional e infraconstitucional, as controvérsias doutrinárias acerca da natureza da responsabilidade estatal (objetiva ou subjetiva frente a casos de omissão da administração pública e à ocorrência de dano ambiental. Conclui-se que o Superior Tribunal de Justiça assume uma dimensão mais alargada do conceito de responsabilidade civil do Estado, demonstrando uma tendência pela responsabilidade civil objetiva com base no risco. Assim, o Brasil, salvo algumas divergências doutrinárias, adota a responsabilidade civil objetiva do Estado pela teoria do risco administrativo alicerçada no ato ilícito e na aceitação do risco.The Federal Constitution of 1988 is a 'water divisor' since it assumes the role of Environmental Constitution, causing a rapture of the concept of civil liability. Starting from a qualitative, dialectical and jurisprudential approach, this article analyzes the Principle of Liability according to Hans Jonas in order to dialogue with the Institute of Civil Environmental Liability, identifying, with the support of the constitutional and infraconstitutional legislation, the doctrinary controversies about the nature of state liability (objective or subjective towards cases of neglect by the public administration and the event of environmental damage. It is possible to conclude that the Higher Court of Justice assumes a larger dimension of the civil liability of the State, thus showing the tendency towards the objective civil liability based on the risk. Therefore, Brazil, regarded some

The conditions shaping different forms of convergence - competency frameworks for the senior civil service in a comparative perspective

DEFF Research Database (Denmark)

Frank, Thomas

in a particular national context. Thus, we need knowledge on the translation process from label to action. This paper examines competency frameworks for senior civil service personnel using quantitative data from OECD countries in juxtaposition with a case study of Great Britain, the Netherlands and Denmark...

The experiences of survivors and trauma counselling service providers in northern Uganda: Implications for mental health policy and legislation.

Science.gov (United States)

Liebling, H; Davidson, L; Akello, G F; Ochola, G

Previous research in northern Uganda found high levels of trauma-related difficulties amongst the conflict-affected population. There is international evidence that psychological therapy can reduce depression, as one of the psychological effects of trauma, but very limited literature regarding the experiences of trauma counselling in Sub-Saharan Africa. The current British Academy and Leverhulme-funded research investigated the experiences of service users and providers of trauma services in Kitgum and Gulu, northern Uganda. It also examined their implications for mental health policy and legislation. A decision was made to utilise qualitative methodology to highlight the in-depth experiences of participants. The researcher's carried out interviews with 10 women and 10 men survivors attending trauma services in Kitgum and Gulu. The researchers also interviewed 15 key informants in Kitgum, Gulu and Kampala including trauma counselling service providers, ministers, cultural leaders and mental health professionals. The authors report the findings of the research based on thematic analysis of the interviews. Themes included the experiences of survivors, bearing witness and instilling hope, constraints to service provision, stigma and abuse, holistic approach, service providers doing their best, specialist populations, limited understanding, training and skills development, gaps in service provision and mental health policy and legislation. The interviews resulted in a clear indication that counselling and medication was valued by service users, and that service providers felt the treatments that were provided improved depression, and increased empowerment and engagement in social activities. However, the authors argue that there was a limit to the benefits that could be achieved without using the holistic approach that the survivors requested. Thus, in cases of trauma arising from conflict, there is a clear need for the state to ensure reparation and/or justice for the

DEPARTMENT OF ENERGY: Views on Proposed Civil Penalties, Security Oversight, and External Safety Regulation Legislation

National Research Council Canada - National Science Library

Jones, Gary

2000-01-01

.... 3383 would amend the Atomic Energy Act by eliminating the exemption that currently allows certain nonprofit contractors to avoid paying civil penalties if they violate DOE's nuclear safety rules...

IMPORTANCE OF THE STABILITY OF LEGAL SYSTEM FOR THE SUCCESSFUL MANAGING OF A STRUCTURE OF MEDICAL SERVICES COMPANIES

Directory of Open Access Journals (Sweden)

Mariela Deliverska

2017-02-01

Full Text Available The process of introduction into our national legislation of norms of the European union legislation has a direct impact on the process of realization of major activities in all spheres of the public life and the activities related to medical services are not an exception. The management of activities, connected to provision of medical services, requires attention to be paid not only to the competitive environment, but also to the normative requirements, regulating the access of the citizens to medical aid. When talking about healthcare and healthcare market, it should be noted that good healthcare is possible only where there is good civil society and strong traditions in the field of social insurance. The new requirements introduced in the way of functioning of the healthcare system aim to provide improved human health, however simultaneously the adaptation of the system to the new legally regulated requirements should be implemented in a way, which guarantees fast and easy access to healthcare services for all patients.

On the Improvement of the Legislation Regulating the Powers of Public Authorities in the Field of Procurement of Goods, Works and Services for State and Municipal Needs

Directory of Open Access Journals (Sweden)

Evgeny V. Solomonov

2016-11-01

Full Text Available On the basis of a systematic analysis of the powers of public authorities, as well as legislation on contract system in the field of procurement of goods, works and services for state and municipal needs, the Authors come to a conclusion about the need to improve the existing legislation in this field of public relations.

Prières et service public Prayers and the civil service

Directory of Open Access Journals (Sweden)

Gilles J. Guglielmi

2009-04-01

Full Text Available La marque de la séparation des Eglises et de l’Etat semble en France suffisamment forte pour que les points de contact entre service public et prière soient rares et plutôt indirects, à partir de comportements qui n’ont en général pas pour objet d’opposer le seul acte de prière aux normes juridiques et sociales environnantes. Néanmoins à partir des systèmes juridiques et des pratiques d’autres pays d’Europe, les arrêts pragmatiques de la Cour européenne des droits de l'homme révèlent une retenue comparable, même si leur fondement est nécessairement différent.Dans son ensemble, la jurisprudence de la Cour permet de constater que les Etats membres du Conseil de l’Europe ont parfois à l’égard de la prière des attitudes restrictives qui dépendent soit d’une sorte de protection de la religion dominante par rapport aux cultes minoritaires, soit d’un refus implicite de l’athéisme. En revanche, la notion de service public, n’étant pas universellement reconnue en Europe, ne fournit pas un cadre de raisonnement juridique signifiant dans les arrêts, ce qui ne permet d’identifier les rapports entre prières et service public que par le biais du contexte dans lequel se produisent les actes de prière.The mark of the separation between the Church and the State seems sufficiently strong in France so that the points of contact between the civil service and prayer are rare and rather indirect, starting with behaviours which do not have in general aim to oppose the sole act of prayer to the legal and social standards surrounding (First part. Nevertheless the legal systems and practices of other countries of Europe reveal the pragmatic judgements of the European Court of Human Rights and their comparable reserve, even if their base is necessarily different (Second part.As a whole, the decisions of the Court make it possible to note that the Member States of the Council of Europe sometimes have restrictive attitudes

CDC STATE System Tobacco Legislation - Smokefree Campus

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Campuses. The...

CDC STATE System Tobacco Legislation - Preemption Summary

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation—Preemption. The STATE...

CDC STATE System E-Cigarette Legislation - Preemption

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. E-Cigarette Legislation—Preemption....

CDC STATE System E-Cigarette Legislation - Licensure

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. E-Cigarette Legislation—Licensure....

42 CFR 438.704 - Amounts of civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Amounts of civil money penalties. 438.704 Section... SERVICES (CONTINUED) MEDICAL ASSISTANCE PROGRAMS MANAGED CARE Sanctions § 438.704 Amounts of civil money penalties. (a) General rule. The limit on, or the maximum civil money penalty the State may impose varies...

Civil Defence and National Security: Composition and Implementation Model in National Defence

Directory of Open Access Journals (Sweden)

Mr. Muradi

2017-01-01

Full Text Available Civil Defense is inherent part of every citizen in many countries anywhere in the world, which differ only in the implementation of the program. The difference depends on the threat level and needs of each country in mobilizing citizens. However, the Civil Defense’s Governance which involvement of citizens is already regulated in a number of regulations and legislation, but as one part of an integrated program linked to the involvement of citizens in the framework of national defense, civil defense program is not enough to have its own laws. So that when applied in the form of operational, interpretation of these programs tend to be not in tune and even have precisely the opposite perspective between the state and citizens. This paper argued that the Civil Defense program is part of an integrated governance program of national security. Therefore, the state should be required to ensure that the program of Civil Defense goes well. This paper is also offer the composition and program models associated with the Civil Defense, Conscription Program (draftee and Reserve Component. The argument of this paper is that the Civil Defense Program is a linear and continuous with Conscription and Reserves Programs.

Governing Civil Society Organisations and Constructing the Common Good

DEFF Research Database (Denmark)

Hein Jessen, Mathias

This paper argues that civil society is something that must be produced and constructed in order to come into existence. This construction entails a specific production of what civil society is, which values are (and should be) present in it, what the common good is and how civil society and civil...... with specific (good) values, but is at the same time instrumentalised to provide welfare services the state can and will no longer provide. Civil society, civil society organisations and the common good are not given entities, but constantly produced and mobilised in different political conjunctures....

Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-01-01

Fifty years after the passage of Civil Rights Act, minority healthcare remains separate and unequal. We combine insights from Civil Rights Law and research on racial-disparities to understand whether stronger enforcement of existing Civil Rights laws would improve minority healthcare today, or whether complementary approaches are also necessary. Despite earlier success, modern challenges to improving minority healthcare are different than those confronted during de jure segregation. We review these challenges and the potential effectiveness of existing Civil Rights legislation in overcoming them. We conclude that enforcement could be strengthened by executive orders that strengthen existing laws, but Congressional action would be required to allow private individuals to bring suits against discriminatory providers. We contrast the relative benefits of this approach to wider non-litigation-based solutions. We conclude that a combination of the two approaches would better address the challenge of improving minority healthcare in the 21st century. PMID:28583962

CDC STATE System Tobacco Legislation - Youth Access

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation—Youth Access. The STATE...

The development of legislation in the field of peaceful uses of nuclear energy in the Slovak Republic

International Nuclear Information System (INIS)

Pospisil, M.

2015-01-01

The author is the Director of the Division of Legislation and Legal Affairs of the Nuclear Regulatory Authority of the Slovak Republic. Paper focusing on the development of legislation in the field of peaceful uses of nuclear energy in the Czech Republic in 2014 and 1 s t mid-2015 is composed of two parts. The first part deals with civil liability for nuclear damage and the preparation of a separate law in this area on the basis of resolutions of the Government of the Slovak Republic No. 152/2014 from 2 April 2014 and the Plan of the legislative tasks of the Slovak Government for 2014. The second part discusses the preparation of the new nuclear law. Preparations for the new law began again in 2013.

African American legislators' perceptions of firearm violence prevention legislation.

Science.gov (United States)

Payton, Erica; Thompson, Amy; Price, James H; Sheu, Jiunn-Jye; Dake, Joseph A

2015-06-01

Firearm mortality is the leading cause of death for young African American males, however, few studies have focused on racial/ethnic minority populations and firearm violence. The National Black Caucus of State Legislators advocates for legislation that promotes the health of African Americans. Thus, the purpose of this study was to collect baseline data on African American legislators' perceptions regarding firearm violence in the African American community. A cross-sectional study of African American legislators (n = 612) was conducted to investigate the research questions. Of the 612 questionnaires mailed, 12 were not deliverable, and 170 were returned (28%). Utilizing a three wave mailing process, African American legislators were invited to participate in the study. The majority (88%) of respondents perceived firearm violence to be very serious among African Americans. Few (10%) legislators perceived that addressing legislative issues would be an effective strategy in reducing firearm violence among African Americans. The majority (72%) of legislators perceived the most effective strategy to reducing firearm violence in the African American community should focus on addressing societal issues (e.g. crime and poverty). After adjusting for the number of perceived barriers, the number of perceived benefits was a significant predictor of legislators' perceived effectiveness of firearm violence prevention legislation for 8 of the 24 potential firearm violence prevention legislative bills.

USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

EMILIAN CIONGARU

2013-05-01

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

Producing Civil Society

DEFF Research Database (Denmark)

Feldt, Liv Egholm; Hein Jessen, Mathias

Since the beginning of the 1990’s, civil society has attracted both scholarly and political interest as the ‘third sphere’ outside the state and the market not only a normatively privileged site of communication and ‘the public sphere’, but also as a resource for democratization processes...... and social cohesion, as well as a provider of welfare services from a welfare state in dire straits. However, such a view upholds a sharp distinction between the three sectors and their distinct logic. This article claims that the separation of spheres is a fundamental part of our ‘social imaginary......’ and as such dominates our way of thinking about civil society. Yet, this view hinders the understanding of how civil society is not a pre-existing or given sphere, but a sphere which is constantly produced both discursively, conceptually and practically. Through two examples; 1,the case of philanthropy in the beginning...

Bureaucratic Dilemmas: Civil servants between political responsiveness and normative constraints

DEFF Research Database (Denmark)

Christensen, Jørgen Grønnegård; Opstrup, Niels

2017-01-01

The interaction between political executives and civil servants rests on a delicate balance between political responsiveness and the duty of civil servants and ministers to respect legal and other normative constraints on executive authority. In Danish central government, this balance is stressed...... by norms that define the correct behavior when the civil service provides ministers with political advice and assistance. Organizational factors strongly influence civil servants’ behavior when they have to balance responsiveness against constraints on their role as political advisers. Moreover, civil...

European standards of the civil service integrity

Directory of Open Access Journals (Sweden)

L. V. Prudyus

2016-09-01

It was offered for further implementation of the European standards of integrity to develop a new Code of integrity for civil servants and take measures, which contain Anti-Corruption Strategy: adopt a law on the protection of persons who honestly reported regarding corruption offenses (denunciators, in particular a law concerning conducting the inspection of public servants on integrity.

America's changing attitudes toward homosexuality, civil unions, and same-gender marriage: 1977-2004.

Science.gov (United States)

Avery, Alison; Chase, Justin; Johansson, Linda; Litvak, Samantha; Montero, Darrel; Wydra, Michael

2007-01-01

On May 17, 2004, Massachusetts became the first state to legalize same-gender marriage. From California to Missouri, nearly all states now face legislative challenges to the once firmly entrenched notion that marriage can only exist between a man and a woman. Public opinion polls conducted from 1977 to 2004 found that Americans' attitudes toward gay men and lesbians and marriages or civil unions for same-gender couples have evolved. Opposition persists, however. The most recent data indicate support for some legal recognition of gay and lesbian couples, but most Americans favor civil unions over same-gender marriages. Although the future of civil unions and same-gender marriages remains uncertain, social workers can serve gay and lesbian clients and their families best by staying informed of the attendant legal, social, and policy issues.

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

Baer, Caroline

1987-12-01

The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

The idea of civil control in the European political and legal thought

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T D Sokolova

2015-12-01

Full Text Available The article discusses the problem of defining the role and functions of civil control from the political and legal thought perspective and in the context of the possible ways of civil society and state authorities interaction. The demand for external evaluation as a prerequisite for the development of political system and the demand for establishing an effective feedback mechanism within it together with the lack of a unified approach to the interpretation of civil control in the political science and legal doctrines determined the relevance of the study of the established traditions in the interpretation of civil control in social sciences and humanities. Whereas social and power relations always develop within a specific legislative framework, whose maturity and consistency largely determine the state of civil society, it is not possible to evaluate control functions of the public sector otherwise than through the study of the legal framework of the state. Thus, the article describes the evolution of the views on possible formats of social and power relations in the context of transformations of the European social thought and political and legal approaches to the perception of power institutions, building a dialogue between social and political organizations, defining the forms of civic participation in political decision-making and interpretation of civil control.

Impact of the legislation on consumers

International Nuclear Information System (INIS)

Lee, D.O.

1982-01-01

Douglas Lee points out that the question of nuclear waste will not go away. Nuclear waste is with us and consumers should support legislation to deal with the problem once and for all. The spent fuel is growing, and twenty-nine nuclear plants will face onsite storage problems in this decade. If these plants shut down, consumers will face higher electric generating costs if a switch to a more expensive fuel is necssary, or if the utilities are forced to purchase power of the grid. The cost of waste disposal under this proposed legislation will amount to about 75 cents per month for those electric customers serviced by nuclear plants

77 FR 66583 - Solicitation of Nominations for Membership on the Civil Nuclear Trade Advisory Committee

Science.gov (United States)

2012-11-06

... the Department as chair of the Civil Nuclear Trade Working Group (CINTWG) of the Trade Promotion...' size and geographic location, and shall be drawn from U.S. civil nuclear manufacturing and services... following: a. Civil nuclear manufacturing and services companies; b. Small businesses; c. Utilities; d...

CDC STATE System Tobacco Legislation - Smokefree Indoor Air

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2018. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Indoor Air. The...

CDC STATE System Tobacco Legislation - Smokefree Indoor Air

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Indoor Air....

[History of psychiatric legislation in Italy].

Science.gov (United States)

Stocco, Ester; Dario, Claudia; Piazzi, Gioia; Fiori Nastro, Paolo

2009-01-01

The different models of mental illness which have followed one another in Italian psychiatry have been linked to the history of psychiatric legislation and its various attempts at reform. The first law of the newly United State which unified legislations and former procedures, whose prevalent psychiatric theories were those that referred to degeneration, was the law 36/1904 that set up the asylums. Accordingly psychiatric praxis was focused on social protection and custody, given that the mentally ill was seen as incurable; Fascism added the inmate's obligation to be enrolled in the judicial register. Afterwards numerous attempts to reform the psychiatric legislation were made that eventually gave rise to law 431/1968 which paved the way to territorial psychiatry. Law 180/1978 changed the organization of Italian psychiatry abolishing asylums and the concept of dangerousness, including psychiatry in the National Health Service but adopting an idea of mental illness as simply social unease.

CDC STATE System E-Cigarette Legislation - Youth Access

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U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. E-Cigarette Legislation—Youth Access....

Increase of the contract amounts for LHC civil-engineering construction and civil-engineering consultancy contracts

CERN Document Server

2005-01-01

This document concerns the increase of the contract amounts for LHC civil-engineering construction and civil-engineering consultancy, Package 2. The Finance Committee is invited to take note of the increase of the contract amounts with: - the joint venture DRAGADOS (ES) and SELI (IT) for civil-engineering construction, LHC Package 2, for an amount of 28 087 000 Swiss francs, subject to revision, in the amount previously announced to Finance Committee (CERN/FC/4516) of 132 200 000 Swiss francs, subject to revision, bringing the total to a maximum amount of 160 287 000 Swiss francs, subject to revision. - the joint venture GIBB (GB), GEOCONSULT (AT) and SGI (CH) for the provision of civil-engineering consultancy services, LHC Package 2, for an amount of 900 000 Swiss francs, subject to revision, in the amount previously announced to Finance Committee of 13 800 000 Swiss francs, subject to revision, bringing the total to a maximum amount of 14 700 000 Swiss francs, subject to revision

Civil Society, Health, and Social Exclusion in Bangladesh

Science.gov (United States)

Mahmud, Simeen

2009-01-01

Civil society has the potential to have a positive impact on social exclusion and health equity through active monitoring and increased accountability. This paper examines the role of civil society in Bangladesh to understand why this potential has not been realized. Looking at two models of civil society action—participation in decentralized public-sector service provision and academic think-tank data analysis—this analysis examines the barriers to positive civil society input into public policy decision-making. The role of non-governmental organizations, political, cultural and economic factors, and the influence of foreign bilateral and multilateral donors are considered. The paper concludes that, with a few exceptions, civil society in Bangladesh replicates the structural inequalities of society at large. PMID:19761087

Significance of mental health legislation for successful primary care for mental health and community mental health services: A review.

Science.gov (United States)

Ayano, Getinet

2018-03-29

 Mental health legislation (MHL) is required to ensure a regulatory framework for mental health services and other providers of treatment and care, and to ensure that the public and people with a mental illness are afforded protection from the often-devastating consequences of mental illness.  To provide an overview of evidence on the significance of MHL for successful primary care for mental health and community mental health servicesMethod: A qualitative review of the literature on the significance of MHL for successful primary care for mental health and community mental health services was conducted.  In many countries, especially in those who have no MHL, people do not have access to basic mental health care and treatment they require. One of the major aims of MHL is that all people with mental disorders should be provided with treatment based on the integration of mental health care services into the primary healthcare (PHC). In addition, MHL plays a crucial role in community integration of persons with mental disorders, the provision of care of high quality, the improvement of access to care at community level. Community-based mental health care further improves access to mental healthcare within the city, to have better health and mental health outcomes, and better quality of life, increase acceptability, reduce associated social stigma and human rights abuse, prevent chronicity and physical health comorbidity will likely to be detected early and managed.  Mental health legislation plays a crucial role in community integration of persons with mental disorders, integration of mental health at primary health care, the provision of care of high quality and the improvement of access to care at community level. It is vital and essential to have MHL for every country.

ANTINOMIES BETWEEN CIVIL CODE AND NEW CIVIL PROCEDURE CODE: ANALYSIS OF ARTICLE 221 OF THE CC/2002 AND ARTICLE 784 OF THE RULE 13.105/2015

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Andrea Cristina Zanetti

2016-06-01

Full Text Available Article 221 of the Brazilian Civil Code defines the form of evidence to provethe obligations between contracting parties, asserting that just the existence of contract signed by the parties, which are in the free disposal of theirs property, it´s enough to be proven the obligatory relationship between them, independent the adjusted value of the obligation. As noted, the Brazilian Civil Code of 2002 no longer requires that the contracts need to be signed by two witnesses to attest their existence and binding force between the parties. However, Article 784, item III, of Rule n. 13.105/15 (new Civil Procedure Code which will come into force in March 2016, makes it clear that it will only be considered extrajudicial title of the executionaction the particular document signed by the debtor and two (2 witnesses, keeping the expression of Art.585, item II of the CPC/1973. In this sense, one can say that art. 784 of Rule No. 13.105/15 would be contradicting the terms of Art. 221 of the Civil Code/2002? After all,the new Civil Procedure Code requires the presence of two witnesses in private documents (contracts in general. We would be facing an antinomy? This academic paperanalyzesthese issues, contributing to the study of antinomy between the rules of Civil Code and the new Civil Procedure Code, without conclude all the questions related a potential antinomies between these two legislations. These are issues that need tobe carefullyreviewedby the jurist, in searches, for the future solutions.

Balancing work and family in the low-wage service sector: the role of legislated and collectively-bargained norms in Quebec.

Science.gov (United States)

Bernstein, Stéphanie

2011-01-01

This paper looks at the role of legislated norms of general application in shaping "family-friendly" workplaces and their interaction with collectively-bargained standards in the retail service sector and more specifically, in a single unionized retail sector in Quebec, Canada. The methodology used is traditional legal research methodology: analysis of laws, collective agreements and case law. The principal norms examined concern parental and family leave, working time and disparities between different employment statuses. A series of legislative provisions have been adopted in Quebec over the last 30 years whose objectives are the improvement of family-related leave and the reduction of working time. Unions have also negotiated provisions in collective agreements with these same goals. In the low-wage retail sector studied, the working time standards negotiated between the unions and the employers reflect the characteristics of the sector, most notably extended opening hours, seven days a week. Predictability of hours also varies according to employment status. Such issues as family-unfriendly working time arrangements (last-minute scheduling, asocial hours, etc.) and the need for flexibility in family-related leave are insufficiently taken into account by the legislated and bargained provisions. A fine analysis and comprehension of existing formal regulation, be it legislated or collectively-bargained, is required to fully understand workers' experiences with work-family balance and to identify the gaps between formal norms and the needs expressed by workers with respect to work-family balance.

Creating a cultural analysis tool for the implementation of Ontario's civil mental health laws.

Science.gov (United States)

Dhand, Ruby

2016-01-01

Ethno-racial people with mental health disabilities experience multiple inequities and differential outcomes when interacting with Ontario's civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools for mental health legislation include the United Kingdom and Australia. Australia's Rights Analysis Tool, the United Kingdom's Race Equality Impact Assessment, the Scottish Recovery Tool, and the World Health Organization's Mental Health and Human Rights checklist are examples of evaluative tools developed for mental health legislation. Such a tool does not exist in Canada, let alone in Ontario specifically. Thus, this study developed a Cultural Analysis Tool (CAT) consisting of specific and meaningful thematic questions that can be used by practitioners when addressing issues of culture and equity for ethno-racial people with mental health disabilities interacting with Ontario's civil mental health laws. It is hoped that the CAT, and the research underlying its development, will enable practitioners to critically question whether cultural and intersecting concerns are being appropriately addressed within an ethno-racial client's case and, furthermore, how equitable outcomes can be achieved. This article describes and analyzes the methodology, research and qualitative data used to develop the CAT. It then presents and examines the CAT itself. The qualitative data was drawn from thirty-five semi-structured interviews with seven members of each of the following groups: (1) ethno-racial people with mental health disabilities including in-patients and ex-patients, (2) lawyers who practice in the area of mental health law, (3) health care professionals including psychiatrists, nurses and social workers, (4) service providers such as front-line case workers at mental health agencies and (5) adjudicators, government advisors

Extremism, Free Speech and the Rule of Law: Evaluating the Compliance of Legislation Restricting Extremist Expressions with Article 19 ICCPR

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Amy Shepherd

2017-08-01

Full Text Available In the years since 9/11, international security discourse has heightened concerns around extremism, positioning this as the key threat that States need to address in order to prevent and combat terrorism. Politically, enactment of domestic legislation curtailing extremist expressions has been internationally authorised and encouraged and in May 2016 the United Kingdom (‘UK’, spearheading a liberal State trend towards rights-restrictive approaches to extremism, announced its intention to enact legislation imposing a range of civil sanctions on those publicly expressing extremist views. But laws such as this restrict the core democratic right to freedom of expression and so must comply with the tripartite requirements for restrictions enshrined in Article 19(3 of the International Covenant on Civil and Political Rights (‘ICCPR’ to be legitimate. Using the UK to dynamically exemplify the issues, this paper assesses the manner in which the laws curtailing extremist expressions comply with international human rights law.

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

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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

Access to Legislation in Europe: Overview and Future Trends

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Martynas Mockus

2013-08-01

-European information systems of legislation, EU should adopt standards for better information exchange, and for legislation process unification. The author thinks that non-consolidated versions of law acts are old fashioned, and are not suitable for modern digital legislation. Countries should change procedures of legislation, only consolidated versions of acts would be adopted, used and officially recognized. The article talks about technical issues of digital legislation information systems, legal XML, semantic search, Web 2.0. (for example: user comments and Web 3.0. (for example: user rankings, other possible search and artificial intelligence technologies shall be used. Author focus also is on an interesting project in Sweden—lagen.nu. It is a unique practice, based on the same idea like Wikipedia: cost free, users make content, open source software and the most user friendly service available at the moment in legislation services. Some experience could be taken in to government projects, for example involving users to create better content and better legislation.

Access to Legislation in Europe: Overview and Future Trends

Directory of Open Access Journals (Sweden)

Martynas Mockus

2011-12-01

-European information systems of legislation, EU should adopt standards for better information exchange, and for legislation process unification. The author thinks that non-consolidated versions of law acts are old fashioned, and are not suitable for modern digital legislation. Countries should change procedures of legislation, only consolidated versions of acts would be adopted, used and officially recognized.The article talks about technical issues of digital legislation information systems, legal XML, semantic search, Web 2.0. (for example: user comments and Web 3.0. (for example: user rankings, other possible search and artificial intelligence technologies shall be used.Author focus also is on an interesting project in Sweden—lagen.nu. It is a unique practice, based on the same idea like Wikipedia: cost free, users make content, open source software and the most user friendly service available at the moment in legislation services. Some experience could be taken in to government projects, for example involving users to create better content and better legislation.

Pattern of skin diseases among civil population and armed forces personnel at Pune

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Sayal S

1997-01-01

Full Text Available The pattern of skin disorders among 11393 civil and 8123 defence service personnel who attended out-patient department (OPD from January 1989 to December 1994 is presented. Infective dermatoses were more common in civil population (41.2% as compared to defence service personnel (36.3%. Fungal infection was common in both groups (15.1% and 17.2% whereas parasitic infestations and pyoderma were more common in civil population (12.8% and 6.1% as compared to service personnel (7.8% and 3.6%. Among non-infective dermatoses eczemas were more common in civil population (17.3% as compared to Armed Forces personnel (11.7%, whereas papulosquamous disorders, pigmentary disorders, acne and alopecia were more common in Armed Forces personnel (13.5%, 13.4% 8.7% and 6.2% as compared to civil population (10.8%, 10.1%, 6.4% and 4.1%. The incidence of other skin disorders did not differ much between the two groups.

Civil society and the Health and Social Care Act in England and Wales: theory and praxis for the twenty-first century.

Science.gov (United States)

Scambler, Graham; Scambler, Sasha; Speed, Ewen

2014-12-01

In this paper we revisit the notion of civil society in the light of recent attempts to privatize health care in England via the passing of the Health and Social Care Act of 2013. This legislation promises a re-commodification of the National Health Service (NHS) in England. The Bill was bitterly contested during its passage through parliament, most vigorously in 2011. Much of the opposition occurred at a time of widespread, global rebellion, most notably in the 'Arab uprisings' and through the 'occupy movement'. Despite a plethora of protests, we argue, a non-porous boundary between what we call the 'protest sector' of civil society and the wider public sphere of the lifeworld has become apparent in England. A good deal of collective action, whether campaign-focused (like opposition to the Health and Social Care Bill) or more generalized (like rejections of corporate greed), has so far proved ineffective, at least in the short-term; no crisis of legitimation is apparent. We highlight a new 'class/command dynamic', leading to oligarchic rule, in the present era of financial capitalism. We use this health care case-study to re-examine the notion of civil society and its changing properties in what Castells calls a 'networked society'. The contribution ends with a discussion of the role of the sociologist re-civil society and the advocacy of both 'action' and 'foresight sociologies'. Copyright © 2014 Elsevier Ltd. All rights reserved.

Legislation on direct-to-consumer genetic testing in seven European countries.

Science.gov (United States)

Borry, Pascal; van Hellemondt, Rachel E; Sprumont, Dominique; Jales, Camilla Fittipaldi Duarte; Rial-Sebbag, Emmanuelle; Spranger, Tade Matthias; Curren, Liam; Kaye, Jane; Nys, Herman; Howard, Heidi

2012-07-01

An increasing number of private companies are now offering direct-to-consumer (DTC) genetic testing services. Although a lot of attention has been devoted to the regulatory framework of DTC genetic testing services in the USA, only limited information about the regulatory framework in Europe is available. We will report on the situation with regard to the national legislation on DTC genetic testing in seven European countries (Belgium, the Netherlands, Switzerland, Portugal, France, Germany, the United Kingdom). The paper will address whether these countries have legislation that specifically address the issue of DTC genetic testing or have relevant laws that is pertinent to the regulatory control of these services in their countries. The findings show that France, Germany, Portugal and Switzerland have specific legislation that defines that genetic tests can only be carried out by a medical doctor after the provision of sufficient information concerning the nature, meaning and consequences of the genetic test and after the consent of the person concerned. In the Netherlands, some DTC genetic tests could fall under legislation that provides the Minister the right to refuse to provide a license to operate if a test is scientifically unsound, not in accordance with the professional medical practice standards or if the expected benefit is not in balance with the (potential) health risks. Belgium and the United Kingdom allow the provision of DTC genetic tests.

Classification, Social Contracts, Obligations, Civil Rights, and the Supreme Court: Sutton v. United Air Lines.

Science.gov (United States)

Turnbull, H. Rutherford, III; Stowe, Matthew J.

2001-01-01

This article analyzes the 1999 decision of the U.S. Supreme Court, Sutton v. United Air Lines, as it pertains to people with disabilities, especially students covered by federal education and civil rights legislation. It sets out implications of the decision for special and general educators as they engage in Individualized Education Program…

Arbitration Institute of Modernization in Contemporary Scene From the Perspective of New Brazilian Civil Procedure Code

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Feliciano Alcides Dias

2015-12-01

Full Text Available The complexity of contemporary society has led to the existence of conflicts in excessive degree of legalization, resulting from a demandista culture coupled with the inefficiency and delays in the provision of state judicial services. This traditional model of conflict resolution is the result of a mistaken reading of the constitutional guarantee of access to justice that took, long, a monopolistic feature, turning the Brazilian Judiciary in a multiport system to receive any kind of demand. However, not every conflict of interest claims the provocation of state jurisdiction, worth observing the democratic dimension of access to justice established by the new Civil Procedure Code, referring to arbitration as an appropriate means of conflict resolution in private. In this context, the new legislation reforming and updates the Law of Arbitration, the expectation is modernizing its institute of court, without state intervention.

Criminal law repercussions on the Civil Protection System

Science.gov (United States)

Altamura, M.; Musso, L.

2009-09-01

The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

THE STUDENTS’ REPRESENTATIONS OF CIVIL SERVANTS’ NORMATIVE ORIENTATION

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Alexander A Oboznov

2017-12-01

Full Text Available The concept of the normative personal orientation seeks to specify how personnel motivation should be organized in the value-motivational sphere for professional activity execution in accordance with its social purpose. Based on the priority of the civil service social purpose, the hierarchical structure of the personal normative orientations was theoretically validated. Social motives related to serving for the benefit of the Fatherland as well as work motives associated with the achievement of some role positions are the major motives. The subordinate motives are the monetary rewards and self-development. Development of the future civil servants’ orientation is based on a conscious idea about the required motives’ subordination, that is, about the normative civil servant’s orientation. The study involved 63 students of the 2nd and 4th year studying at the Russian management institute in the specialty “Customs” and 51 students of the 1st and 2nd year studying at the Public Administration Academy of the Republic of Armenia, as well as 4 experts (two from Russia and Armenia having long-term experience in the civil service. The method is an author’s closed-questions’ inventory containing a list of 18 personal goals, that should guide the civil servant in professional work. The instruction required the selection of five most important goals. An absolute majority (from 66 to 90% of Russian and Armenian students has the motives’ subordination that is inconsistent with the normative orientation. According to the students’ view, self-development, self-creation and material benefit are the leading motives of a civil servant. The expert motives’ representations are identical to the required content of civil servant normative orientation. The authors defined the need to develop a special psychological and educational program for promoting required representations about the normative orientation of future civil servants.

CDC STATE System Tobacco Legislation - Smokefree Indoor Air Summary

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2018. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Indoor Air. The...

Legislative Branch: FY2014 Appropriations

Science.gov (United States)

2013-11-25

for the renovation of the Cannon House Office Building and the condition of the Rayburn building, the effect of the sequester on overtime work, plans...provided by the Joint Committee on Taxation for all revenue legislation (Balanced Budget and Emergency Deficit Control Act of 1985, P.L. 99-177...Committee, the Joint Committee on Taxation , the Office of the Attending Physician, and the Office of Congressional Accessibility Services. The FY2012

The Constantinian «Dies Solis» Law in its Political and Legislative Context

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Esteban MORENO RESANO

2011-03-01

Full Text Available The so-called «Dies Solis» Law, enacted by Constantine in 321, established the Day of the Sun as a public feast (dies festus in the Roman official calendar. This law can be studied in the political and legislative context between the first (314-315 and the second (324 civil war between Constantine and Licinius. This study reveals that its main purposes were the reinforcement of the imperial authority with administrative effects and the adoption, with propagandistic regards, of a religious policy on heathen cults different from the one developed by Licinius. The Dies Solis law is inscribed, in fact, in a joint of Constantinian norms that aim to make the imperial legislation an efficient instrument of government. Moreover, while Licinius promoted the hellenistic syncretic heathen cults, Constantine presented himself as a defender of the Roman religious traditions.

Advanced e-Infrastructures for Civil Protection applications: the CYCLOPS Project

Science.gov (United States)

Mazzetti, P.; Nativi, S.; Verlato, M.; Ayral, P. A.; Fiorucci, P.; Pina, A.; Oliveira, J.; Sorani, R.

2009-04-01

During the full cycle of the emergency management, Civil Protection operative procedures involve many actors belonging to several institutions (civil protection agencies, public administrations, research centers, etc.) playing different roles (decision-makers, data and service providers, emergency squads, etc.). In this context the sharing of information is a vital requirement to make correct and effective decisions. Therefore a European-wide technological infrastructure providing a distributed and coordinated access to different kinds of resources (data, information, services, expertise, etc.) could enhance existing Civil Protection applications and even enable new ones. Such European Civil Protection e-Infrastructure should be designed taking into account the specific requirements of Civil Protection applications and the state-of-the-art in the scientific and technological disciplines which could make the emergency management more effective. In the recent years Grid technologies have reached a mature state providing a platform for secure and coordinated resource sharing between the participants collected in the so-called Virtual Organizations. Moreover the Earth and Space Sciences Informatics provide the conceptual tools for modeling the geospatial information shared in Civil Protection applications during its entire lifecycle. Therefore a European Civil Protection e-infrastructure might be based on a Grid platform enhanced with Earth Sciences services. In the context of the 6th Framework Programme the EU co-funded Project CYCLOPS (CYber-infrastructure for CiviL protection Operative ProcedureS), ended in December 2008, has addressed the problem of defining the requirements and identifying the research strategies and innovation guidelines towards an advanced e-Infrastructure for Civil Protection. Starting from the requirement analysis CYCLOPS has proposed an architectural framework for a European Civil Protection e-Infrastructure. This architectural framework has

CDC STATE System Tobacco Legislation - Smokefree Indoor Air Summary

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation – Smokefree Indoor Air....

CDC STATE System E-Cigarette Legislation - Smokefree Indoor Air

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2016. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. E-Cigarette Legislation—Smokefree...

Methodology of the Auditing Measures to Civil Airport Security and Protection

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Ján Kolesár

2016-10-01

Full Text Available Airports similarly to other companies are certified in compliance with the International Standardization Organization (ISO standards of products and services (series of ISO 9000 Standards regarding quality management, to coordinate the technical side of standardizatioon and normalization at an international scale. In order for the airports to meet the norms and the certification requirements as by the ISO they are liable to undergo strict audits of quality, as a rule, conducted by an independent auditing organization. Focus of the audits is primarily on airport operation economics and security. The article is an analysis into the methodology of the airport security audit processes and activities. Within the framework of planning, the sequence of steps is described in line with the principles and procedures of the Security Management System (SMS and starndards established by the International Standardization Organization (ISO. The methodology of conducting airport security audit is developed in compliance with the national programme and international legislation standards (Annex 17 applicable to protection of civil aviation against acts of unlawful interference.

78 FR 55257 - Patient Safety and Quality Improvement: Civil Money Penalty Inflation Adjustment

Science.gov (United States)

2013-09-10

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Patient Safety and Quality Improvement: Civil Money... Civil Rights has determined that an adjustment to the maximum civil money penalty amount for violations... confidentiality and privilege protections of Patient Safety Work Product (PSWP), and procedures for enforcement...

Sexual violence legislation in sub-Saharan Africa: the need for strengthened medico-legal linkages.

Science.gov (United States)

Kilonzo, Nduku; Ndung'u, Njoki; Nthamburi, Nerida; Ajema, Caroline; Taegtmeyer, Miriam; Theobald, Sally; Tolhurst, Rachel

2009-11-01

Six sub-Saharan African countries currently have laws on sexual violence, including Kenya, and eight others have provisions on sexual violence in other legislation. Effective legislation requires functioning medico-legal linkages to enable both justice to be done in cases of sexual violence and the provision of health services for survivors of sexual violence. The health sector also needs to provide post-rape care services and collect and deliver evidence to the criminal justice system. This paper reviews existing data on sexual violence in sub-Saharan Africa, and summarises the content of sexual violence legislation in the region and the strengths and weaknesses of existing medico-legal linkages, using Kenya as a case study. Many sub-Saharan African countries do not yet have comprehensive post-rape care services, nor substantial co-ordination between HIV and sexual and reproductive health services, the legal and judicial systems, and sexual violence legislation. These need to be integrated by cross-referrals, using standardised referral guidelines and pathways, treatment protocols, and medico-legal procedures. Common training approaches and harmonised information across sectors, and common indicators, would facilitate government accountability. Joint and collaborative planning and working at country level, through sharing of information and data between the different systems remain key to achieving this.

A FEW ASPECTS REGARDING THE SIMULATION OF CONTRACT IN THE ROMANIAN CIVIL CODE

Directory of Open Access Journals (Sweden)

Tudor Vlad RĂDULESCU

2017-05-01

Full Text Available The article aims to analyze some key aspects of simulation in contracts, as regulated by the Romanian Civil Code . The process of simulation will be explained, based on the provisions of the previous Civil Code, but also with reference to the relevant provisions of the legislation of some European countries. The analyse will focus on the apparent act, and also on the secret one and a special emphasis on intention to simulate, animo simulandi, the key aspect of the matter. Also the effects of the simulation will be reviewed, both from the point of view of the parties and that of third parties, the concept of third parties having another meaning in this procedure.

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy; Senat rapport n. 327 projet de loi autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-07-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

Assessment of the accessibility legislation in Spain and its effective application

Directory of Open Access Journals (Sweden)

Jesús Hernández-Galán

2014-10-01

Full Text Available The existence of legislation on accessibility does not always imply it is enforced effectively. This article aims to answer the following question: Is the existence of accessibility legislation enough to make physical environments truly accessible?This study assesses the current Spanish legislation as well as any existing voluntary regulations in the country. This assessment is done chronologically, so as to show the historical evolution of the accessibility regulations in Spain.In order to determine whether accessibility legislation has been truly effectively enforced, the issue is studied as it affects Spanish municipalities with respect to urban planning, public buildings, public transportation and websites. The conclusion of this study is that the existence of accessibility legislation per se is not enough to ensure its practical application, and ultimately, to render physical environments, products and services accessible to the majority of the population regardless of their functional capabilities.

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy

International Nuclear Information System (INIS)

2006-01-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

South Africa's role in the Civil War in Russia

African Journals Online (AJOL)

South Africa's role in the Civil War in Russia. 1918-1920. Cdr W.M. Bisset*. South Africa's role in the Civil War in ... the war or were later to receive awards for their services in Russia. Perhaps the most remarkable ... Bolshevik territory and he was taken prisoner. Another remarkable South African officer who served in North ...

42 CFR 488.444 - Civil money penalties: Settlement of penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Settlement of penalties. 488.444 Section 488.444 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.444 Civil money penalties...

Legal regulation of civil servants in Russia and Germany receiving gifts

OpenAIRE

ZIMNEVA SVETLANA; CHUMAKOVA ANNA

2015-01-01

The article deals with the conflict between the provisions of the Criminal Code of the Russian Federation, where the minimum amount of the bribe is not defined, and the provision of the Federal Law ‘On State Civil Service of the Russian Federation,’ which, on the one hand, contains an absolute ban on civil servants receiving gifts and other types of remuneration, while, on the other hand, Art. 575 of the Civil Code of the Russian Federation admits a possibility for civil servants to receive g...

Development of Legal Norms on Marriage and Divorce in Cambodia ： The Civil Code Between Foreign Inputs and Local Growth (2)

OpenAIRE

KUONG, Teilee

2016-01-01

This second part of the research focuses on the development of law on divorce in Cambodia, aiming at identifying the continuation and changes in the legislative development of Cambodia in regulating divorce and post-divorce relationship. It starts with a brief overview of the legislative development from the early 20th century up till the latest codification of the 2007 Civil Code. Along this line of historical narratives, the research then examines two important elements in the legal effects...

Protective legislation, ionizing radiation and health: a new appraisal and international survey

International Nuclear Information System (INIS)

Stellman, J.M.

1987-01-01

Restrictive regulations (protective legislation) on employment conditions of female workers limiting maximum hours of work and prohibiting certain toxic exposures have existed for decades. In some countries, such as the United States, Canada and the Nordic countries, the growth of civil rights and equal opportunity legislation has led to their elimination, either in fact or in practice, and only a small number of disparate regulations for male and female workers still exist. Most other industrialized countries, as well as the International Labour Office of the United Nations, still have active restrictive rules for women's employment. However, restrictive regulation is an area of active policy debate around the world. International examples of the debate on protective legislation are given here. A specific case study of the occupational health standards governing exposure to ionizing radiation is used and its technical rationale discussed as an illustration of the basic issues. These include: overbroad categorization of all women as potential childbearers, no matter what their childbearing intentions; failure to recognize the full range of potential adverse health effects to males; disparate application of the restrictive regulations, generally to occupations or areas of employment that are traditionally held by men, while traditional female jobs with the same exposures are excluded from the regulatory restriction

Civil Remedies Division Administrative Law Judge Decisions

Data.gov (United States)

U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

42 CFR 488.434 - Civil money penalties: Notice of penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Notice of penalty. 488.434 Section 488.434 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.434 Civil money penalties...

Transfer pricing as tax avoidance under different legislative schemes

OpenAIRE

Holzmann, Carolin Maria

2016-01-01

This paper investigates transfer pricing as tax avoidance before and after reforms of anti-avoidance legislation. The reforms introduced and tightened obligatory documentation requirements for transfer prices to enforce that multinational enterprises (MNEs) set internal transfer prices at an arm’s-length. Linking data from the Microdatabase Statistics on International Trade in Services that comprehends prices of MNEs’ international service transactions to the Microdatabase Direct Investment, ...

42 CFR 3.408 - Factors considered in determining the amount of a civil money penalty.

Science.gov (United States)

2010-10-01

... civil money penalty. 3.408 Section 3.408 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PROVISIONS PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT Enforcement Program § 3.408 Factors considered in determining the amount of a civil money penalty. In...

A RESPONSABILIDADE CIVIL E O MEIO AMBIENTE

Directory of Open Access Journals (Sweden)

DELCYLENE VILLALBA SOARES

2012-06-01

Full Text Available RESUMOEste artigo tem por finalidade realizar uma análise sobre a evolução da responsabilidade civil e suas teorias, subjetiva e objetiva aplicadas ao meio ambiente. Dentro desta área, deve-se ressaltar que a responsabilidade civil ao meio ambiente, é um assunto de importante relevância para o efetivo controle da depredação ambiental, permitindo que sejam alcançadas as metas propostas como condição de sobrevivência da espécie humana, ou seja, a conservação do meio ambiente e o desenvolvimento econômico social, visando desta maneira, permitir a qualidade e a continuação da vida. Existe o entendimento, que somente com educação ambiental e normas reguladoras fortes, como a penalidade de ter que indenizar quando praticar algum dano ao meio ambiente conseguirá atingir o objetivo maior de preservação. Necessitam-se além de uma mudança na legislação que responsabilize poluidores do meio ambiente, atribuindo-lhes sanções que inibam a prática de tal conduta ilícita e realizando assim, a aplicabilidade da justiça.Palavras-chave:Responsabilidade Civil; Responsabilidade; Meio Ambiente ABSTRACTThis article have objective to realize a analysis about civil responsibility evolution and your theories, subjective and objective apply environment. Inside this area have to stand out that civil responsibility environment, it is a theme very important relevance for environment depredation control effective, permitting have been obtain proposals target like been human survival condition, therefore, environment conservation and social economic development objective permit quality and continuation of life. There is understanding, that only with environment education and strong regulation principle, like penalty has to indemnify when practice some injury of environment, will obtain more preservation. Demand a change on legislation that responsible environment polluter attribute him inhibit sanctions for practice this illicit conduct and

The forms of protection civil rights parties of the bank deposit contract

Directory of Open Access Journals (Sweden)

Юрій Миколайович Моісеєнко

2017-03-01

Full Text Available The article is dedicated to analyze the forms of protection civil rights parties of the bank deposit contract considering the statistical data in regard to banks which allow violations of these rights and necessity to restore these rights by competent bodies. Fixing in civil legislation a number of opportunities to protect these rights with the existing economic crisis, especially in banking field, have practical importance that based on the efficiency of any form. Therewith, research the peculiarities of protection violated civil rights of the bank deposit contract in judicial, administrative and other forms. Attention is drawn on the peculiarities of some forms of protection. So, emphasizing the certain duration of judicial protection, alternatives opportunities of protection and restoration the violated rights of parties of the bank deposit contract is analyzed by the author. However, due to lack of effective mechanisms for protection the rights of parties of mentioned contract, the author proposed some ways for improving protection the violated rights of parties of the bank deposit contract.

Probabilistic design framework for sustainable repari and rehabilitation of civil infrastructure

DEFF Research Database (Denmark)

Lepech, Michael; Geiker, Mette Rica; Stang, Henrik

2011-01-01

This paper presents a probabilistic-based framework for the design of civil infrastructure repair and rehabilitation to achieve targeted improvements in sustainability indicators. The framework consists of two types of models: (i) service life prediction models combining one or several deteriorat......This paper presents a probabilistic-based framework for the design of civil infrastructure repair and rehabilitation to achieve targeted improvements in sustainability indicators. The framework consists of two types of models: (i) service life prediction models combining one or several...

Civil Society and Islamism in Iraq | CRDI - Centre de recherches ...

International Development Research Centre (IDRC) Digital Library (Canada)

A vibrant civil society sector in some Middle Eastern states has managed over the years to fill a role traditionally held by state institutions, that of providing social services such as health care, education and housing. Islamic civil society organizations have been especially successful in this role, and in doing so have acquired ...

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

Contributions from assited human reproduction techniques' socio-legal research to the legislative field

Directory of Open Access Journals (Sweden)

Marisa Herrera

2017-03-01

Full Text Available This paper’s intention is to share some of the main results of two field-based research projects regarding assisted human reproduction practices in Argentina. Both projects have been developed in a dynamic legislative context involving medical coverage regulation, parentage determination and the right to know one's origins for children born with third party genetic material. Also, in this context, the Draft Civil and Commercial Code reform introduced two figures that were then removed in the parliamentary debate: post mortem fertilization and surrogate motherhood. All these issues concerning the use of assisted human reproduction challenge the legal field and are addressed in these research projects, one of them more from an explorative perspective and the other from a qualitative one. Therefore, this article aims to introduce some of the measured variables and the findings obtained to serve as relevant contributions to achieve a more appropriate legislation according with the medical and social reality.

[Dentistry and healthcare legislation 11. The dentist and the civil law judge: claims].

Science.gov (United States)

Brands, W G; van der Ven, J M; Eijkman, M A J

2014-09-01

In contrast to the law governing complaints and to disciplinary law, a civil law judge can sentence dentists to the restoration of all damages to patients. For this to happen, there has to be evidence of damage, responsibility and a causal connection. For the assumption of responsibility as well as a causal connection, an important question is whether a dentist has violated a relevant guideline or protocol. Moreover, dentists are not only responsible for their own mistakes, but also, in principle, for those of their employees. Depending on the situation, dentists can also be held accountable for the mistakes of a dentist who is working in their practice on a self-employed basis. Dutch dentists do not yet have to fear American situations', because damages awarded in The Netherlands are still relatively low.

PSYCHOACTIVE SUBSTANCES: ISSUE, ANALYSIS OF THE CURRENT LEGISLATION AND ITS APPROPRIATENESS TO THE REALITY

Directory of Open Access Journals (Sweden)

André Jacinto

2015-04-01

Full Text Available The consumption of psychoactive substances has followed Humanity since the primordial of the civilization, not only by their medicinal proprieties as well as for religious and recreational purposes, however, its usage creates dependence and, subsequently, illicit traffic. Since the beginning of the previous century, many nations and international organisms have worked, without success, in the development of elimination strategies to this problem. Part of this failure is due to the current legal forms, because, when a new psychoactive substance is created, it occupies a legal void, in which its’ distribution and consumption are free, being recurrent updates to the legislation needed. An example of this situation was the one verified in the establishments commonly called smartshops. We purpose to compile the psychoactive substances’ legislation, analyse its’, advantages and disadvantages and to suggest a new legal form, based in new scientific facts, that allows to contour this situation.

Hawaii state legislator views on e-cigarettes and likelihood of legislative action.

Science.gov (United States)

Juarez, Deborah Taira; Seto, Jason; Guimaraes, Alexander; Masterson, James; Davis, James; Seto, Todd B

2015-01-01

To examine perspectives on e-cigarette use and regulations in Hawaii through key informant interviews with state legislators. E-cigarette use is rapidly increasing, with sales in 2013 topping $1 billion in the United States, but e-cigarettes are still a largely unregulated industry. Although e-cigarettes are thought by most to be a healthier alternative to traditional cigarettes, long-term health effects are not yet known. Semistructured key informant interviews were conducted with Hawaii state legislators (n = 15). We found a lack of consensus among legislators, which suggests that substantial legislative action is unlikely in the upcoming session. However, most legislators believe that some type of incremental legislation will pass, such as enactment of a small tax, limitations on advertising to protect adolescents, or regulations concerning where people can use e-cigarettes. Legislators eagerly await further research to clarify the overall benefits and harms of e-cigarettes at both the individual and population levels.

Payment for Ecosystem Services | Benjamin | Potchefstroom ...

African Journals Online (AJOL)

This address focuses on the legislative design for payment or ecosystem services (PES) since most countries do not have specific legislation that addresses the subject. Brazil is in the process of drafting national legislation on ecosystem services and there are several important issues that can be learnt from this experience.

Social Media for Enhancing Civil Society and Disaster Relief: Usage by Local Municipalities in Japan

Directory of Open Access Journals (Sweden)

Muneo Kaigo

2015-10-01

Full Text Available This main focus of this article is a case study that analyzes social media usage by a local municipality in Japan, and on the possibilities and problems of complementary communication channels such as social networking services for promoting civil society activities and linking civil society organizations. We examine how in the past, Japanese municipalities have been using social media and social networking services for enhancing civil society and how social networking services are a potential tool that can provide vital information and connect citizens, municipal governments and civil society. This article focuses on the first phase of the Tsukuba Civic Activities Cyber-Square [Tsukuba Shimin Katsudō no Hiroba] on Facebook Experiment in 2012 and how it functioned during and after the May 6, 2012 Tsukuba city tornado disaster for the subsequent relief and support activities during May 2012.

La Funció Pública Europea - La función pública europea - The Civil Service in Europe

Directory of Open Access Journals (Sweden)

Laure Levi

2012-12-01

europeas esperan que su personal respete las altas normas profesionales y éticas. El estatuto establece y organiza los derechos y obligaciones de los funcionarios. También organiza el régimen disciplinario, es decir, el régimen que se aplica cuando un funcionario —o antiguo funcionario— ignora sus obligaciones profesionales, ya se haya cometido la falta voluntariamente o por negligencia.The European civil service is made up, on the one hand, of European civil servants who are governed by a statute, and agents working under public law employment contract. The statute, which is the main foundation for the European civil service, is aimed at regulating the legal relations between the institutions and their employees by establishing a set of reciprocal rights and obligations between the two.  The civil servants and agents thus have rights that are provided for under the statute and primary law (such at the right to defense, the right to have the grounds for a decision stated, freedom of expression, freedom of association, and the respect for their private and family lives.  However, they also have certain duties and obligations the violation of which can lead to disciplinary sanctions and termination of employment. European institutions expect their staff to abide by a high standard of  professional and ethical norms. The statute formulates and organizes civil servants´ rights and obligations. In addition, it organizes disciplinary procedures, i.e., the procedures applied when a civil servant, or former civil servant, disregards his professional obligations, regardless of whether this misconduct is voluntary or through negligence.

Civil Service Evaluation. The Evolving Role of the U.S. Office of Personnel Management. A Report concerning Significant Actions of the U.S. Office of Personnel Management

National Research Council Canada - National Science Library

Erdreich, Ben

1998-01-01

The Government's program to oversee Federal personnel systems has existed in some form since World War II when rapid expansion of the civil service necessitated the delegation of personnel authorities...

75 FR 57230 - 340B Drug Pricing Program Manufacturer Civil Monetary Penalties

Science.gov (United States)

2010-09-20

... Civil Monetary Penalties AGENCY: Health Resources and Services Administration, HHS. ACTION: Advance notice of proposed rulemaking and request for comments. SUMMARY: Section 602 of Public Law 102-585, the... of civil monetary penalties for manufacturers that knowingly and intentionally overcharge a covered...

Integrated and sustainable transport systems to support industrial development in South Africa

CSIR Research Space (South Africa)

Hlabisa, C

2017-10-01

Full Text Available Civil Aviation Authority (SACAA) South Africa Civil Aviation Authority Act, 1998 (Act no. 40 of 1998) Transfer payments To control and regulate civil aviation safety and security within the Republic Air Traffic and Navigational Services... • Agencies founding legislation and nature of business • Road • Rail • Civil Aviation • Maritime • Dot Projects with Industrial Development Potential per Mode • Road • Rail • Civil Aviation • Maritime • DOT Collaboration with other Departments...

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

Directory of Open Access Journals (Sweden)

Oleg Vladislavovich Eremenko

2018-01-01

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

National legislative and regulatory activities

International Nuclear Information System (INIS)

2012-01-01

This section gathers the following national legislative and regulatory activities sorted by country: Bulgaria: General legislation; Czech Republic: General legislation; France: General legislation, Regulatory infrastructure and activity; Germany: General legislation; India: Liability and compensation, Organisation and structure; Ireland: Radiation protection, General legislation; Korea (Republic of): Organisation and structure; Lithuania: Regulatory infrastructure and activity, Radioactive waste management, Radiation protection, international cooperation, Nuclear safety; Poland: General legislation; Romania: Environmental protection; Russian Federation: Radioactive waste management; Slovenia: Nuclear safety; Spain: Liability and compensation, Nuclear security; Sweden: Nuclear safety; Turkey: Radiation protection, Regulatory infrastructure and activity, Nuclear safety, Liability and compensation; United States: General legislation

Compendium of federal and state radioactive materials transportation laws and regulations: Transportation Legislative Database (TLDB)

International Nuclear Information System (INIS)

1989-10-01

The Transportation Legislative Database (TLDB) is an on-line information service containing detailed information on legislation and regulations regarding the transportation of radioactive materials in the United States. The system is dedicated to serving the legislative and regulatory information needs of the US Department of Energy and other federal agencies; state, tribal, and local governments; the hazardous materials transportation industry; and interested members of the general public. In addition to the on-line information service, quarterly and annual Legal Developments Reports are produced using information from the TLDB. These reports summarize important changes in federal and state legislation, regulations, administrative agency rulings, and judicial decisions over the reporting period. Information on significant legal developments at the tribal and local levels is also included on an as-available basis. Battelle's Office of Transportation Systems and Planning (OTSP) will also perform customized searches of the TLDB and produce formatted printouts in response to specific information requests

45 CFR 1612.3 - Prohibited legislative and administrative activities.

Science.gov (United States)

2010-10-01

... attempt to influence: (1) The passage or defeat of any legislation or constitutional amendment; (2) Any... influence any rulemaking, or attempt to influence the issuance, amendment or revocation of any executive order. (c) Recipients shall not use any funds to pay for any personal service, advertisement, telegram...

Open licenses and their compliance with the new private law (new civil code)

OpenAIRE

Kráľ, Štefan

2013-01-01

Computer programs are widely licensed under open (public, open source, free) licenses. This thesis examines whether the open license (especially GNU GPL) is in compliance with the Czech law and which business models are used to generate profit distributing open computer programs. On the basis of analysis of legislation, case law and doctrinal literature the author assesses whether open licenses are admissible under the new Civil Code. The thesis also provides an overview of commonly used busi...

The occurence of right and responsibilities of trastee in relation to the minors, and persons wich are limited in civil capasity in accordence with the Civil Code of Ukraine

Directory of Open Access Journals (Sweden)

В. В. Надьон

2015-11-01

Full Text Available Problem setting. In accordance with the Civil Code of Ukraine guardianship and trusteeship are established to provide personal non-property and property rights and interests of minors, and adult persons who for health reasons can not independently exercise their rights and responsibilities (article 55 of the Civil Code. The main difference between guardianship and trusteeship is in the volume of civillaw responsibilities which the law imposes on Trustees and Guardians, based on the volume capacity and the health status of their wards. Thus, the trustee is appointed over the minor and persons wichare incapasitated individual, the trustee, the guardian is appointed over minors and individuals that have limited civil capacity. The Civil Code of Ukraine pays considerabl attention to the guardian's responsibilities, which include: 1 to care for a ward, about his education, training and development, to create the necessary living conditions; 2 to provide that minors and persons limited civil capacity of care and treatment; 3 to provide the necessary conditions for obtaining a General secondary education; 4 to take measures to protect civil rights and interests; 5 once a year to carry out a full medical examination; 6 to determine the place of residence of the ward person. To the rights of the Guardian in the legislation: 1 to demand in court the return of his child under his guardianship from any person who illegally hold on to it; 2 live together with the ward and can be registered on a residential square, the latter for the period of their responsibilities execution; 3 to manage the assets of the ward; 5 may be voluntarily released from fulfillment of the assumed obligations

Matters of Responsibility for Marine Pollution under the Legislation of the Russian Federation. (Review of the Main Legislative Acts)

Energy Technology Data Exchange (ETDEWEB)

Kolodkin, A.L.; Kulistikova, O.V.; Mokhova, E.M.

1997-12-31

International Northern Sea Route Programme, INSROP, is a five-year multilateral research programme. The main phase of the programme started in 1993. The three principal cooperating partners are research institutes in Russia, Japan and Norway. The aim of INSROP is to build up a knowledge base to provide foundation for a long-term planning and decision making by state agencies and private companies etc., for purposes of promoting rational decision making on the use of the Northern Sea route for transit and regional development. This report reviews the main legislative acts of former USSR and the Russian Federation, systematized by the responsibility types: (1) civil (property), (2) criminal and (3) administrative. It also discusses the issues of responsibility for marine pollution in accordance with the draft of the new Merchant Shipping Code of the Russian Federation, which contains sections on liability for damage caused by oil pollution from ships or by transport of hazardous and noxious substances by sea. 18 refs.

Legislation on school governors' power to appoint educators: friend ...

African Journals Online (AJOL)

Erna Kinsey

For the first time in South Africa's history, the franchise and associated political and civil ... determine the powers of SGBs related to the rights, obligations and functions of ... The SGB is the body functioning in terms of section 16 of SASA and also con- ... who provides professional educational services, including professional.

What's Ethnicity got to do with it? The Workplace Lived Experience of Ethnic Minority (IJAW) Women in the Nigerian Civil Service

OpenAIRE

Alex-Hart, Biebele

2016-01-01

This thesis examines gender and ethnic inequalities in the Nigerian civil service through the\\ud lived experience of Ijaw women and the strategies they adopt to combat perceived\\ud discrimination. A theoretical framework of structure, culture, agency, intersectionality, and\\ud social identity theory underpinned this research. Hermeneutic phenomenological\\ud methodology was adopted within which 40 in-depth semi-structures interviews were\\ud conducted. Findings indicate that for most respondent...

The Effect of ‘Human Resource Development Professionals expertise’ on effectiveness of Management Development in the civil service of Kenya

Directory of Open Access Journals (Sweden)

Wachira F. N.

2013-07-01

The study concludes that managers had little confidence in the HRD professional’s capacity to help them develop effectively since they did not have the required skills and competences nor did they frequently use appropriate work based development strategies. The study recommends that the Government pay attention to recruitment and development of HRD professionals and the Professionals should pay attention to their personal development to enhance their capacity for facilitating management development in the civil service effectively.

75 FR 39641 - Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes

Science.gov (United States)

2010-07-12

... law judge (ALJ) reverses the civil money penalty determination in whole or in part, the escrowed..., widespread harm, or resulting in a resident's death is not eligible for the civil money penalty reduction... Penalties for Nursing Homes AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed...

75 FR 35093 - Civil Service Retirement System; Present Value Factors

Science.gov (United States)

2010-06-21

... present value factors to changes in demographic factors adopted by the Board of Actuaries of the Civil... actuarial assumptions and data to the Board of Actuaries, care of Gregory Kissel, Actuary, Office of... 1986, Public Law 99- 335, based on changed demographic factors adopted by the Board of Actuaries of the...

Anti-corruption legislation of the Russian empire XIX – early XX centuries

Directory of Open Access Journals (Sweden)

Nadezhda M. Korneva

2016-03-01

Full Text Available The article is devoted to the history of anti-corruption and bribery as one of its kinds in the Russian Empire. Corruption as a complex social phenomenon that occurs in the process of socio-economic, political and social relations has become one of the most pressing political, social and economic problems of modern Russia. The corruption in the state apparatus not only cause serious, sometimes unsolvable problems for the citizens, but also hinder the normal functioning of the administrative bodies and authorities. The legal component, the development and adoption of relevant laws perform a special role in combating corruption. For many centuries government has repeatedly attempted if not to eliminate or at least to curb corruption in numerous managerial and administrative apparatus. The greatest interest in this regard is the imperial period of Russian history. The authors study the history of the development of criminal and civil law in the Code of the Russian Empire Publishing Laws 1832 of the penal Code and criminal Corrections 1845 judicial statutes in 1864 and subsequent legislation late XIX – the beginning of the XX century, the history of the development of appropriate laws, trace the change in order to prosecute and the degree of responsibility of the officials on the basis of unpublished material of the State Council, the State Duma and the Ministry of Justice, are stored in the Russian State Historical Archive, as well as the published acts of the Russian legislation, the verbatim records of the State Duma and the Council of State. During the XIX and early XX centuries Russian legislation has been streamlined and systematized: work was carried out on the codification of laws, created new codes of substantive and procedural law, a significant development has been and anti-corruption legislation. The appeal to the legislative materials, to the works of pre-revolutionary Russian lawyers and statesmen and the Ministry of Justice, are

Children's Education and Mental Health in Spain during and after the Civil War: Psychiatry, Psychology and "Biological Pedagogy" at the Service of Franco's Regime

Science.gov (United States)

Gomez, Amparo; Canales, Antonio

2016-01-01

This article analyses the child psychiatry and psychology developed during the Spanish Civil War and immediate postwar period. The aim is to demonstrate that, despite the existence of a certain degree of disciplinary continuity in relation to the pre-war period, both disciplines were placed at the service of Francoism. This meant that the…

The Mandatory Force of the Contract in Relation with the Thirds. Positive Consecration in Comparative Law and in the New Romanian Civil Code

Directory of Open Access Journals (Sweden)

Nora Andreea Daghie

2011-05-01

Full Text Available The drafters of the Romanian Civil Code at 1864 supressed the last part of the correspondingarticle of French Civil Code (art. 1165 so that the appearance was created of a rigid principle that did notallow for exceptions. The relativity of contractual bond provided under art. 973 Civ. c. shall however createboth integrating mechanisms and contain mitigations of the principle by virtue of principles of commutativejustice and juridical security. In the quasi-majority of legislations there are a series of situations when acontract may produce effects versus thirds, for an example the stipulation for another in the French civilCode, Civil Code of Quebec Province and Civil Code of Louisiana State. The new Romanian Civil Codereformulates the principles into affirmative draft in art. 1.280 that only maintains limitation of mandatoryeffects versus parties and even if no reference is explicitly made to thirds the collocation „unless otherwiseprovided by law” may however result by deduction in that a contract may under certain circumstancesproduce effects versus thirds too.

Politicization and the Replacement of Top Civil Servants in Denmark

DEFF Research Database (Denmark)

Christensen, Jørgen Grønnegård; Opstrup, Niels; Klemmensen, Robert

2014-01-01

This article of top civil servants in Danish central and local government sheds new light on politicization. A survival analysis shows that since 1970, the risk that a top civil servant will be replaced has increased. There is no evidence of politicization in central government while city managers......’ risk of replacement increases both when a new mayor, representing another party and holding an absolute majority, and when the shift of mayor takes place within the same party. We interpret these results as evidence of the adaptability of the merit civil service and political executives’ stronger...... insistence on their authority to make discretionary replacements....

Legislation and regulation

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-09-01

This document presents the fulfilling of the Brazilian obligations under the Convention on Nuclear Safety. The Chapter 3 of the document contains some details about the Brazilian legislation and regulation, the nuclear and environmental licensing, and emergency preparedness legislation.

Legislation and regulation

International Nuclear Information System (INIS)

1998-01-01

This document presents the fulfilling of the Brazilian obligations under the Convention on Nuclear Safety. The Chapter 3 of the document contains some details about the Brazilian legislation and regulation, the nuclear and environmental licensing, and emergency preparedness legislation

42 CFR 422.756 - Procedures for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... civil money penalties. 422.756 Section 422.756 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... Sanctions § 422.756 Procedures for imposing intermediate sanctions and civil money penalties. (a) Notice of... money penalties—(1) CMS notice to OIG. If CMS determines that an MA organization has failed to comply...

42 CFR 423.756 - Procedures for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... BENEFIT Intermediate Sanctions § 423.756 Procedures for imposing intermediate sanctions and civil money... civil money penalties. 423.756 Section 423.756 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... sanctions have been imposed, CMS may require a Part D plan sponsor to market or to accept enrollments or...

A critical review of the Chilean civil nuclear liability regime

International Nuclear Information System (INIS)

Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

2013-01-01

This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

Transportation legislative data base : state radioactive materials transportation statute compilation, 1989-1993

Science.gov (United States)

1994-04-30

The Transportation Legislative Data Base (TLDB) is a computer-based information service containing summaries of federal, state and certain local government statutes and regulations relating to the transportation of radioactive materials in the United...

A Measurement of Civil Engineering Customer Satisfaction.

Science.gov (United States)

1987-09-01

and the people who consume it" (2iv-xvii). More recently, service providers have become aware of the importance of customer satisfaction, but most do... customer as both a consumer and a co-producer; that is, the customer is the recipient of the service, and, at the same time, is involved in the...base civil engineering customers are more like consumers and less like co-producers because the BCE works on facilities, not on the occupants

Forensic psychiatry in India: Past, present, and future.

Science.gov (United States)

Nambi, S; Ilango, Siva; Prabha, Lakshmi

2016-12-01

Forensic psychiatry is a subspecialty of psychiatry, in which scientific and clinical expertise is applied to legal issues in legal contexts embracing civil, criminal, correctional, or legislative matters. Forensic psychiatry is still in an infant stage in India and other developing countries. Law is the sanctioning discipline, and Psychiatry is the therapeutic discipline. Due to various reasons, Forensic Psychiatry is reared as Cinderella in our country; "which is much neglected, ignored, misinterpreted, and misunderstood. Legislation forms an integral component in the implementation of Mental Health Care; there is a dynamic relationship between the concept of mental illness, treatment of the mentally ill, and the law. Mental Health legislation is essential in protecting the rights and dignity of persons with Mental Disorders and for implementing effectively the mental health services. "Effective mental health legislation can provide a legal frame work to integrate mental health services in the community as to overcome stigma, discrimination, and exclusion of mentally ill persons. Legislations can also create enforceable standards for high quality medical care and improve access to care and protect civil, political, social, and economic rights of the mentally ill individual, including right to access to education, employment, housing, and social security."

Law No.13.192 workers that execute radiological services it state included in the advantage of the laws 9.940 and 9744 to civil or militaries employers belonging to Ministry of National Defense

International Nuclear Information System (INIS)

1962-01-01

The civil and military officials that lend services in dependences of the Ministry of National Defense in the tasks of radiological services were applied in the compute to be carried out the legal norms referred to effects of their retirement [es

Legislation and supervision

International Nuclear Information System (INIS)

1998-01-01

In this part next aspects are described: (1) Legislative and supervision-related framework (reviews of structure of supervisory bodies; legislation; state supervision in the nuclear safety area, and state supervision in the area of health protection against radiation are given); (2) Operator's responsibility

Legislation and regulation

Energy Technology Data Exchange (ETDEWEB)

NONE

2001-09-01

This document presents the fulfilling of the Brazilian obligations under the Convention on Nuclear Safety. The Chapter 3 of the document contains some details about the Brazilian legislation and regulation, the legislative and regulatory framework, regulatory body and responsibility of the license holder.

Legislation and regulation

International Nuclear Information System (INIS)

2001-01-01

This document presents the fulfilling of the Brazilian obligations under the Convention on Nuclear Safety. The Chapter 3 of the document contains some details about the Brazilian legislation and regulation, the legislative and regulatory framework, regulatory body and responsibility of the license holder

Working with Your Legislative Delegation

Science.gov (United States)

Safransky, Robert J.

2010-01-01

In this article, the author discusses how to work with legislative delegation to get positive legislation passed. Most school districts have a person who is responsible for working with the legislators and informing them of the district's position on bills and issues that arise in each legislative session. Even if one has a full-time or part-time…

Civil Service Training in Kazakhstan: The Implementation of New Approaches

Science.gov (United States)

Suleimenova, Gulimzhan

2016-01-01

Kazakhstan is one of the few countries in Central Asia in a historically short period of time managed to take strong positions in the international arena. However, under the conditions of rapidly changing world, the country has to face challenges driven by new requirements to civil servants professional level. Therefore, the 100 Steps Government…

42 CFR 422.752 - Basis for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... money penalties. 422.752 Section 422.752 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... Sanctions § 422.752 Basis for imposing intermediate sanctions and civil money penalties. (a) All... sanctions at 422.750(a)(1) and (a)(3). (c) Civil Money Penalties. (1) CMS. In addition to, or in place of...

The harmonization of banking legislation in the EU

Directory of Open Access Journals (Sweden)

Shkëlqesa Çitaku

2016-03-01

Full Text Available This paper attempts to assess the current legislation of banking in the European Union. The process of unification in Europe is also followed by efforts to harmonize and unify the laws of the member states. In the field of banking industry the precondition for harmonization of laws is the integration of internal market with the free movement of capital. The regulation and supervision of banks in EU still remains fragmented. European member states still have diverse regulations concerning the role of the state. The European Commission has the important function of proposing EU legislation on financial services including banks and ensuring that EU law is properly applied throughout the EU. Banks are considered as a key industry enabling all the economic activities via depositing, crediting and arranging of payments. A number of secondary legislation has been adopted by the EU institutions to harmonize the national banking law of Member States. The principles and objectives set by the European Commission Treaty depend on four EU freedoms with the aim of effective and open market including banks. Therefore it was a continuous process of harmonization of national banking regulation via secondary law since the 70’s.

CONSIDERATIONS CONCERNING THE RECOGNITION OF FOREIGN JUDGMENTS IN THE NEW BRAZILIAN CIVIL PROCEDURE CODE

Directory of Open Access Journals (Sweden)

Humberto Dalla Bernardina de Pinho

2016-06-01

Full Text Available The presente study aims to critically analyze the recognition of foreign judgments in the new Brazilian Civil Procedure Code, highlighting the changes brought by the new legislation. The international judicial cooperation was emphasized in the new Code, which was made clear by the prevision of the institute called “direct aid” (“auxílio direto”, the detailed regulation of the recognition of foreign judgements, including the possibility of concession of interim measures and the recognition of foreign interim measures.

The problem questions of update the legislation of Ukraine in aspect of professional representation a lawyer in civil procedure

Directory of Open Access Journals (Sweden)

Максим Володимирович Шпак

2017-03-01

According to the author’s opinion of this scientific article, the subject of the legislative initiative need proposed more detailed specifics of insignificant property dispute, its content and features of procedural representation of a lawyer for such categories of cases.

ASPECTS CONCERNING THE JOINT VENTURE UNDER THE REGULATION OF THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

Ana-Maria Lupulescu

2013-11-01

Full Text Available The New Civil Code makes the transition, for the first time in the Romanian legal system, from the duality to the unity of private law. Consequently, the Civil Code contains a legal regulation more structured and comprehensive, although not entirely safe from any criticism, in relation to the company, with particular reference to the simple company, regulation that expressly characterizes itself as the common law in this field. Within these general provisions, the legislator has considered the joint venture, to which, however, as in the previous regulation contained in the old Commercial Code – now repealed –, it does not devote too many legal provisions, in order to maintain the flexibility of this form of company. Therefore, this approach appears particularly useful for analysts in law and, especially, for practitioners, since it aims to achieve a comprehensive analysis of the joint venture, form of company with practical incidence.

Civil liability: quantitative and qualitative limitations analysis in the occurrence of a nuclear disaster in view of international conventions

International Nuclear Information System (INIS)

Eiras, S.A.

1994-01-01

The Paris and Vienna Conventions were involved to establish the liability regime aiming the public protection without decrease in the development at nuclear area. The proposal of this work is to discuss the lacks and limitations of these to both Brazilian reality and Brazilian legislation, and analyze limitations in civil liability in the occurrence of nuclear disaster. (author). 7 refs, 1 tab

Tattooing, permanent makeup and piercing in Amsterdam; guidelines, legislation and monitoring

NARCIS (Netherlands)

Worp, J.; Boonstra, A.; Coutinho, R. A.; van den Hoek, J. A. R.

2006-01-01

Tattooing, body piercing and permanent makeup are increasing in popularity. Here, we describe the procedures involved in these practices, their risks, the content of guidelines developed by the Municipal Health Service in Amsterdam (the Netherlands) to reduce infection risks, the legislation in the

Invalidity of contract: legislative regulation and types

Directory of Open Access Journals (Sweden)

Василь Іванович Крат

2017-09-01

Full Text Available Invalidity contracts always attracted attention researchers. Without regard to it, in modern conditions there is an enormous layer of the problems related to invalidity contract, that to require a doctrine and utilitarian comprehension. The article is sanctified to research invalidity contract. In the article analyses problems of the legislative regulation and types of invalidity contract through the prism of judicial practice. In the Civil code of Ukraine, a voidable contract sets as a common rule. A voidable of the contract is incarnated in the so-called «virtual» invalidity when only the most typical grounds are enumerated. However, even such approach does not allow to overcome all possible cases that arise up in practice. Such situation touches possibility of voidable contracts concluded with the purpose of to shut out the appeal of claim to the property of the debtor. Therefore it follows to set general rules in relation to voidable contracts of the debtor. A nullity of the contract takes place only in the case when there is the direct pointing of law on the qualification of that or another contract as the nullity. The nullity of contract in the Civil code of Ukraine is constructed by means of «textual» invalidity. There are no single attempts to use the construction of «virtual» invalidity in judicial practice when there is the direct pointing of law on the qualification of that or another contract as the nullity, that is impermissible. Methodologically incorrectly to carry out identifying of invalidity contract and obligation with the aim of providing of application of different after the rich in content filling norms.

Personnel Recruitment and Retention Strategies in Lagos State Civil ...

African Journals Online (AJOL)

Personnel Recruitment and Retention Strategies in Lagos State Civil Service of Nigeria. ... The results show that the strategy for personnel recruitment into the CS is based on mixtures of merit and political ... AJOL African Journals Online.

Specific Statistics of Czech Legislation

Czech Academy of Sciences Publication Activity Database

Novák, František

2015-01-01

Roč. 5, č. 3 (2015), s. 162-183 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : legislation * quantitative description of legislation * structure and development of the legislation in the CR Subject RIV: AG - Legal Sciences

Art and Civil Action : Cultural Organizations in the European Civil Domain

NARCIS (Netherlands)

Gielen, Pascal; Lijster, Thijs

2017-01-01

In this article, the place of new cultural organizationsin the civil domain is analysed. The authors describe a theoretical model that they call the ‘civil chain’, describing the different phases in which civil organizations develop themselves. The civil chain delivers analytic insights into the

75 FR 36099 - Legislative Changes to Primary Care Loan Program Authorized Under Title VII of the Public Health...

Science.gov (United States)

2010-06-24

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Legislative Changes to Primary Care Loan Program Authorized Under Title VII of the Public Health Service Act AGENCY... changes Section 723 of the Public Health Service Act (PHSA) regarding administration of the PCL program...

Antinomy in Legislation in Indonesia

Directory of Open Access Journals (Sweden)

Zainal Arifin Mochtar

2015-12-01

Full Text Available A number of reality for laws as a production of Parliament and President was canceled by the Constitutional Court, occur as a result of the legislation matter that plural reflects the injustice and legal uncertainty. The high number of judicial review becomes signal less accommodation of citizen interests and rights in a legislation product. The absence of arrangement harmony made by Parliament gives impact on plural legislation sued. This paper attempts to describe some debate antinomy that characterizes the existence of legislation in Indonesia. The analysis showed, antinomy-conflict-norm in the legislation is one thing that is difficult to avoid, especially given the poor-legislative process in the parliament today. In each establishment of legislation, synchronization and norms harmonization is not a major pressing point, but defeated by transnational politics inter-faction in the parliament that actually looked more dominant. But when these norms conflict constituted a rule of law which are simultaneous, dynamic, and meet legal ideals, would not be a problem. As long as not to cause harm to the fulfillment of constitutional rights of citizens.

Implications of prescription drug monitoring and medical cannabis legislation on opioid overdose mortality.

Science.gov (United States)

Phillips, Elyse; Gazmararian, Julie

To determine whether specific state legislation has an effect on opioid overdose mortality rates compared to states without those types of legislation. Ecological study estimating opioid-related mortality in states with and without a prescription drug monitoring program (PDMP) and/or medical cannabis legislation. Opioid-related mortality rates for 50 states and Washington DC from 2011 to 2014 were obtained from CDC WONDER. PDMP data were obtained from the National Alliance for Model State Drug Laws, and data on medical cannabis legislation from the National Organization for the Reform of Marijuana Laws. The relationship between PDMPs with mandatory access provisions, medical cannabis legislation, and opioid-related mortality rates. Multivariate repeated measures analysis performed with software and services. Medical cannabis laws were associated with an increase of 21.7 percent in mean age-adjusted opioid-related mortality (p cannabis (p = 0.049) and 5.8 percent for states with a PDMP (p = 0.005). Interaction between both types of legislation produced a borderline significant decrease of 10.1 percent (p = 0.055). For every year states had both types of legislation, interaction resulted in a 0.6 percent decrease in rate (p = 0.013). When combined with the availability of medical cannabis as an alternative analgesic therapy, PDMPs may be more effective at decreasing opioid-related mortality.

Protection of civil rights and technological development

International Nuclear Information System (INIS)

Wagner, H.

1985-01-01

The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH) [de

Protection of civil rights and technological development

Energy Technology Data Exchange (ETDEWEB)

Wagner, H

1985-01-01

The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH).

The Guarantee Contract as a Typical Warranty Business in Brazilian Civil Law

Directory of Open Access Journals (Sweden)

Fábio Siebeneichler de Andrade

2016-12-01

Full Text Available This paper deals with the guarantee contract, which is one of the most important forms of legal assurance business. It is one of the most widely used businesses in Brazilian negotiating practice. In this sense, considering the fact that Brazilian Private Law has gone through a renovation, by virtue of legislation such as the Civil Code of 2002 and the Consumer Protection Code, which welcomed the principle of good faith and social function of the contract, it is necessary to examine this important contract and check if it’s discipline is appropriate to the new contractual principles.

Lineage of global civil engineering. Global civil engineering no keifu

Energy Technology Data Exchange (ETDEWEB)

Hashimoto, M

1994-04-15

This paper considers which way the global civil engineering should go in the future. Civil engineering has now a paradigm with a new dimension debuted as the global environmental problems are taken up specifically. Achieving the target of civil engineering requires a critical review that how the cost effect and efficiency discussions in only the dimensions of the conventional technologies and economies can be incorporated into the dimensions and measures of new fields to create the new horizons. Conceiving the relationship between civil engineered structures and environmental climate encounters the indispensable judgment criterion on how such social scientific conditions as weather, culture, religion, economy, and politics are combined to reach a judgment. The global civil engineering is desired to have the ideas and directional role to work on the ultimate assignment of environment and development called a global environmental problem analytically, comprehensively, innovatively and creatively as the civil engineering science, rather than as a mere existence of one area of the advanced civil engineering science. 5 refs., 1 tab.

Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

International Nuclear Information System (INIS)

Lebedeva, Yulia

2014-01-01

The use of nuclear power by states in the modern world requires supplements to international law through the development of national legislation on civil liability for nuclear damage and compensation. The situation in the Russian Federation is no exception. Russian law on civil liability for nuclear damage has not fully evolved, and currently, there is no specific law covering liability for nuclear damage, nor is there a law regarding the financial and insurance mechanisms for compensation. Instead, the current laws establish a state system of benefits and compensation for damage to health and property of citizens. Since 1996, Russia has been actively working to develop a draft federal act to cover liability for nuclear damage. A bill was first introduced in the State Duma of the Federal Assembly of the Russian Federation on 16 July 1996, and was originally called 'The Compensation for Nuclear Damage and Nuclear Insurance'. In 1997, the official representative of the Government of the Russian Federation, Head of Russian Federal Inspectorate for Nuclear and Radiation Safety, Yuri Vishnevsky, was appointed to present this bill for discussion in the chambers of the Federal Assembly of the Russian Federation. In September 1998, the State Duma rejected the draft federal act and instead adopted in the first reading a different draft federal act: No. 96700118-2, 'The Civil Liability for Nuclear Damage and its Financial Security' ('the bill'). In this case, the State Duma Committee on Ecology was charged with incorporating the incoming amendments into a final bill and submitting it to the State Duma for a second reading. In 2005, Russia ratified the Vienna Convention on Civil Liability for Nuclear Damage. This ratification required significant amendments to 'The Civil Liability for Nuclear Damage and its Financial Security' bill. But, even though the Russian Federation had not yet ratified the Vienna Convention, the drafters were still careful to take into account the

Changes in Tax Legislation and Social Responsibility of Taxpayers and Legislative Institutions

Directory of Open Access Journals (Sweden)

Štager Vesna

2018-03-01

Full Text Available The article deals with the cost of tax compliance which arises for taxpayers from tax complexity and the constant changes in tax legislation. A socially responsible institution for the fiscal aggression is the Financial Administration of the Republic of Slovenia, as its powers and responsibilities creates the tax position of individuals, businesses and the entire economy. The aim of our research is to encourage socially responsible behaviour of legislation institutions in adopting the tax legislation, which will help to improve the social responsibility of taxpayers and increase tax compliance.

Consumer attitudes toward health policy and knowledge about health legislation.

Science.gov (United States)

Riska, E; Taylor, J A

1978-01-01

Consumer attitudes toward key issues affecting health policy decisions in the local community have been ignored both by local health policy makers and by medical sociologists. The authors report an empirical analysis of: (1) consumer attitudes towards federal intervention in health care; (2) consumer perceptions of the free market philosophy of health providers; (3) consumer perceptions of their involvement in health policy making; (4) consumer confidence in present systems of health services delivery; and (5) consumer awareness of recent major health legislation. It was found that consumers are poorly informed about recent health care legislation. The authors compared the attitudes of consumers with those held by local hospital board members toward health policy issues. The differences for all comparisons were statistically significant. The authors argue that hospital board members attribute problems in health services delivery to demand dysfunctions while consumers perceive the problems to be a result of supply dysfunctions. Thus, failure to include consumers on health policy boards guarantees the absence of a solution-oriented dialogue and promotes the continuing predominance of a provider-biased ideology.

Acid rain legislation update

International Nuclear Information System (INIS)

Storey, H.L.

1990-01-01

This paper presents the author's view that the coal industry should develop a strategy to respond to the global warming issue. A few weeks ago a speaker stated that the global warming issue placed coal at the crossroads. He stated that global warming legislation, could reduce the consumption of coal by approximately twenty-five percent, without global warming legislation coal would continue to grow at a approximately three percent per year. It is believed there is a path to be traveled between the two options, legislation or no legislation, that can result in coal obtaining the position as the primary fuel source for electrical generating throughout the world. This is a path the coal industry can define and should follow

Stasis and Bellum Civile

DEFF Research Database (Denmark)

Lange, Carsten Hjort

2017-01-01

David Armitage’s new monograph Civil Wars: A History in Ideas (2017) will undoubtedly long remain a standard reference work. It presents readers with a vision of civil war as part of the longue durée. The argument might be further strengthened, however, if a more inclusive Greco-Roman approach...... to ancient civil war is accepted. This essay focuses on stasis vs. bellum civile, the origins of the concept of civil war, the approach of later Roman writers (such as Appian and Cassius Dio) to the concepts of stasis and bellum civile, and, finally, the question of what makes a civil war a civil war....... Whatever concepts were used, the Romans were not the first to experience internal war as a civil war—that is, a war between the citizens of a polity....

Information report on state legislation

International Nuclear Information System (INIS)

Landau, M.

1983-06-01

Legislation that would consent to the Central Interstate Low-Level Radioactive Waste Compact has been introduced into Congress as H.R. 3002. Similar legislation is expected to be introduced into the Senate soon. This is the second compact consent legislation to be introduced into Congress this year - the first was the Northwest Compact, introduced in January. States in the Central Compact are AR, KS, LA, NE and OK. Enacted and introduced radioactive waste management legislation in various states is summarized

International environmental legislation; Internationales Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Proelss, Alexander (ed.) [Trier Univ. (Germany)

2017-07-01

The book on international environmental legislation includes the following contributions: Development, sources and actors concerning the international environmental legislation, cross-national environmental justice, principles of the international environmental legislation, environmental protection by lawsuit, environmental protection and human right, environmental protection and trading, responsibility and liability, peaceful settlement of disputes, climatic change, preservation and sustainable use of the biodiversity, protection of air and space, oceanic protection, protection of inland waters, protection of the Antarctic and Arctic environment, waste and hazardous materials legislation.

National legislative and regulatory activities

International Nuclear Information System (INIS)

2015-01-01

This section treats of the following National legislative and regulatory activities: 1 - Canada: Liability and compensation; 2 - France: Liability and compensation; Nuclear safety and radiological protection; 3 - Greece: Organisation and structure; 4 - Hungary: General legislation; 5 - India: Liability and compensation; 6 - Japan: Liability and compensation; 7 - Korea: Liability and compensation; 8 - Lithuania: General legislation; Transport of radioactive material; 9 - Slovak Republic: International co-operation; Liability and compensation; 10 - Slovenia: General legislation; 11 - Switzerland: Liability and compensation; 12 - United States: Radioactive waste management

Neoliberal drivers in hybrid civil society organizations: Critical readings of civicness and social entrepreneurism

DEFF Research Database (Denmark)

Andersen, Linda Lundgaard

2018-01-01

Civil society organizations (CSOs) and social entrepreneurship take up a significant position in a welfare system in transformation. Voluntarism and civil society have played an important role in the development of the welfare state and its services in Denmark, as in the rest of Scandinavia......, for at least a century. Recently, however, the positioning and context for civic society organiza-tions has changed quite profoundly, due to neoliberal welfare policies and steering regimes. In this chapter, I point to neoliberalism as both a political discourse about the nature of rule, but also a set...... into hybrid organisations rooted in civic society and social entrepreneur-ism: firstly, the human rights subject versus the entrepreneurial labour market subject and sec-ondly, the commodification and performativity of civil services and human growth....

Impact of political and legislative events on the front end of the fuel cycle

International Nuclear Information System (INIS)

Steyn, J.J.

1987-01-01

This paper examines recent political and legislative events in the U.S. which could impact the supply of natural uranium, uranium hexafluoride, conversion services, and uranium enrichment services. While the industry has been clouded with continuing uncertainty resulting from the ongoing miners vs. DOE litigation and a number of legislative proposals to embargo the import of uranium, very little attention was being paid to the free trade agreement discussions which were taking place between the U.S. and Canada. However, with a draft agreement now being fact and its ratification a possibility by mid-1988, the front end of the fuel cycle may finally begin to achieve some normalcy within the next year. The impact of these factors on the industry are addressed

Rationalization in the Nigerian Public Service: Implications for Cross ...

African Journals Online (AJOL)

This study therefore assessed the effect of rationalization in the Nigerian Public Service using Cross River State Civil service as a case study. Data generated for the study were sourced from 308 public servants from selected ministries and parastatals in the Cross River State Civil Service using structured questionnaire.

PELAKSANAAN HAK ATAS KESEHATAN BAGI PEGAWAI NEGERI SIPIL SEBAGAI BAGIAN DARI HAK ASASI MANUSIA PADA PT. ASKES (PERSERO PEKANBARU

Directory of Open Access Journals (Sweden)

Evi Deliana

2015-08-01

Full Text Available Human rights are inherent rights for human being. It is independent from the influence of the law system and government.  One of those rights is the right of health. PT. Askes (Persero is one of the companies which hold health insurance for civil servants (Pegawai Negeri Sipil/PNS. Based on legislation, civil servants must join this insurance. The problem is civil servants do not have information about their right and duty in health insurance contract. However, health institutions do not give their service well for civil servants.Keywords: human rights, health insurance, civil servants.

Access to Justice for Communications Surveillance and Interception : Scrutinising Intelligence Gathering Reform Legislation

NARCIS (Netherlands)

Quirine Eijkman

2018-01-01

By analysing intelligence-gathering reform legislation this article discusses access to justice for communications interception by the intelligence and security services. In the aftermath of the Snowden revelations, sophisticated oversight systems for bulk communications surveillance are being

National legislative and regulatory activities

International Nuclear Information System (INIS)

2014-01-01

This section of the Bulletin presents a summary of the recent national legislative and regulatory activities sorted by country and topic: - Algeria: Nuclear security. - France: Radioactive waste management; Nuclear safety and radiological protection; General legislation; International co-operation. - Germany: International trade. - Indonesia: Nuclear security, General legislation. - Ireland: Nuclear safety and radiological protection; General legislation. - Lithuania: Nuclear security; Nuclear safety and radiological protection. - Slovak Republic: International co-operation; Liability and compensation; Environmental protection. - Switzerland: Radioactive waste management. - United Arab Emirates: Liability and compensation. - United States: Radioactive waste management; Licensing and regulatory infrastructure

75 FR 44971 - Medicaid Program; Request for Comments on Legislative Changes To Provide Quality of Care to Children

Science.gov (United States)

2010-07-30

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-2480-NC] Medicaid Program; Request for Comments on Legislative Changes To Provide Quality of Care to Children AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice with Comments. SUMMARY: This notice...

Reality Checks: The state of civil society organizations in Ethiopia ...

African Journals Online (AJOL)

the role of donors in supporting CSOs and the responses of the government to the ... Key words: civil society organizations; regulatory frameworks; service ..... rates; prevention and control of the spread of HIV, tuberculosis, and malaria; gender.

Challenges of regulatory rights of half-capacitated persons: A sociological perspective on the French Civil Code reform.

Science.gov (United States)

Eyraud, Benoît

2016-01-01

Democratic societies are based on the principle of equal legal capacity of all citizens to decide and act for themselves in all areas of social life. This "socio-civil capacity", which may involve both material property of an individual, as well as private life in matters ranging from health to personal relationships, is recognized by the law (both codified law and common law). These rights guarantee the autonomy and freedom of individuals in the name of respect for human dignity. Civil capacity of a person is legally diminished because his or her "natural" abilities, capacity, or competence are reduced. Recent social changes have lead to increased uses of legal measures of protection. The reasons for these changes are complex and they are accompanied by legislative reforms that modify the rights of half-capacitated persons. In this article, we examine certain issues of civil capacity rights based on the French example. We start present a perspective of the historical definition and practice of these rights as well as their democratization. Copyright © 2016. Published by Elsevier Ltd.

Bureaucrats as Innovators? Statistical Analysis on Innovative Capacity within the Hungarian Central Civil Service

Directory of Open Access Journals (Sweden)

Marton GELLÉN

2016-12-01

Full Text Available What makes a public administration innovative if it is strongly legalistic and profoundly bureaucratic? Are there innovators in such a setting who would be able to elaborate strategies in accordance with public demands? If yes, who are the innovators and what are they like? Are they among the leaders? The article offers an answer to these questions based on an empirical research conducted in Hungary where public administration is not only legalistic but has a strong culture of topdown domination. The current study targets the key element of innovativeness namely: managerial and cultural prerequisites of innovation within central public administration. The empirical research was carried out in the Hungarian central civil service. The article also discusses whether such an environment would have an impact on innovations. According to the fi ndings of the article, certain prerequisites of an innovative environment exist in the given strictly hierarchic, traditionally stiff setting; however, traits of innovativeness can be identifi ed in innovators who are genuine bureaucrats at the same time.

42 CFR 423.752 - Basis for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... money penalties. 423.752 Section 423.752 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... BENEFIT Intermediate Sanctions § 423.752 Basis for imposing intermediate sanctions and civil money.... (iii) Medical social work. (iv) Administrative services. (b) Suspension of enrollment and marketing. If...

Assessment of community satisfaction index of population and civil registration office in Malang municipal

Science.gov (United States)

Hakim, A. N.

2017-06-01

The demands and needs of the community will be the quality of public services in Malang increased, so that the Government of Malang as organizers and executors of public services must meet these demands. The Municipal Government in its efforts to improve public service performance, forming the regional One Stop Operator (PPTSP) with the goal will be to simplify and improve efficiency in administrative proceedings. But the existence of the one stop service is still not optimal because of the persistence of public complaints about the performance of the one stop service. This study will discuss the performance of services in service counter of Population and Civil Registration through community satisfaction index to measure the service level and the perception of satisfaction and interest to determine which variables are less optimal and need to be improved using IPA method. The results showed that the level of service at the service counter of Population and Civil Registration quite good. Meanwhile, according the results of IPA analysis, there are two important variables for the community on the performance / quality was lacking, namely the service procedure and time.

Challenges To Reducing Discrimination And Health Inequity Through Existing Civil Rights Laws.

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

More than fifty years after the passage of the Civil Rights Act of 1964, health care for racial and ethnic minorities remains in many ways separate and unequal in the United States. Moreover, efforts to improve minority health care face challenges that differ from those confronted during de jure segregation. We review these challenges and examine whether stronger enforcement of existing civil rights legislation could help overcome them. We conclude that stronger enforcement of existing laws-for example, through executive orders to strengthen enforcement of the laws and congressional action to allow private individuals to bring lawsuits against providers who might have engaged in discrimination-would improve minority health care, but this approach is limited in what it can achieve. Complementary approaches outside the legal arena, such as quality improvement efforts and direct transfers of money to minority-serving providers-those seeing a disproportionate number of minority patients relative to their share of the population-might prove to be more effective. Project HOPE—The People-to-People Health Foundation, Inc.

[Liquidation of barriers: realization issues and legislative aspects].

Science.gov (United States)

Półchłopek, T

1998-01-01

Designing for the handicapped persons, aiming at the liquidation of the barriers is actually an essential part of the architects activity. It results from the fact that the handicapped persons issue became the interdisciplinary one. The architect, being responsible for the living space and environment creation, is to design the friendly environment for the handicapped persons. The space favourable for the handicapped is favourable for all. There are many aspects of the designing for the handicapped; legislative or execution issues are the examples. The legislative aspect is presented in this paper on the base of the contemporary legal rules of the Polish Republic, whereas the execution aspect is introduced and discussed on the basis of the two projects designed by the Design Bureau in Cracow and being currently in realization. These are: housing & service unit (Boruty-Spiechowicza Str., Cracow) and the Faculty of Philosophy complex at the Jesuits College (Kopernika Str., Cracow).

17 Human Resource Development and the Productivity of the Civil ...

African Journals Online (AJOL)

FIRST LADY

2011-01-18

Jan 18, 2011 ... Civil Service of Cross River State, Nigeria (Pp. 17-24). Egbe ... knowledge content an employee possesses is the quality of training and retraining the ... offered useful hints that ensured standards that eventually aided the final.

Civil Society and the Democratic Experience in Kenya

African Journals Online (AJOL)

But the first chapter is somewhat lean on details while chapter 2 is theoretically thin. .... the sequel that people 'used sectors of civil society as springboards to activate political careers' (p. 115). Indeed, many opposition ..... of services to the generality of the citizens? It would also be interesting to give a comprehensive ...

The Chernobyl case: its repercussions on the International System on Civil Liability for Nuclear Damages

International Nuclear Information System (INIS)

Gonzalez Guadarrama, J.L.

1992-01-01

With the discovery of the Nuclear Energy the world has been development her life the present investigation is based in the accident of the one of the most important Nuclear Power Plant in the world, situated in the Union of Socialist Sovietic Republics. The Nuclear Power Plant of Chernobyl. Us found in the investigation what not exist one legislation agree with the needs of development of the actual world in matter of the liability civil in case of the nuclear accidents. Found only the Convention of the Vienna. the Convention of the Brussels the which only cover the transportation the Nuclear substances in ships and others transportation medios. The complementary a the convention of the Paris and actually The Communication in case of the nuclear accidents and radiological accidents. In the present work think what the Community International haven the needs of created one legislation with character international what can help a the many countries what have Nuclear Power Plants, on all for protection of the her habitants. The International Atomic Energy Agency together with the International Justice Court and the United Nations Organization (U.N.O.) aplicated the law in matter of the nuclear accidents derivates of the liability responsibility in the use of the Nuclear Plants for elaboration the Electrical Energy or for Investigation in matter the nuclear energy both with identical responsibility civil in case the nuclear accident. (Author)

The effects of workforce-shaping tools on retirement: the case of the Department of Defense civil service.

Science.gov (United States)

Asch, Beth J; Haider, Steven J; Zissimopoulos, Julie M

2009-11-01

Apriority area for the public health workforce research agenda is the study of the public health labor market and how wages and benefits affect workforce outcomes, including recruiting, retention, and retirement. This study provides an example of such a study for the Department of Defense civil service workforce. We analyze the financial incentives to retire that are specifically embedded in the retirement system and how different workforce-shaping policies would affect these incentives. The study then uses a recently estimated model of the effects of financial incentives on retirement behavior among defense civilians to predict how these workforce-shaping tools would affect retirement behavior. We find that buyouts, retention incentives, and other workforce-shaping tools have a sizable effect on predicted retirement behavior and therefore, could be useful policies to help manage retirement outflows.

Re-thinking civil disobedience

Directory of Open Access Journals (Sweden)

Theresa Züger

2013-11-01

Full Text Available This article points out a struggle of today’s societies with the traditional concepts of civil disobedience and stresses the need for reevaluation of the concept of civil disobedience for policy making and public discourse. Starting with a minimal definition of civil disobedience, the article introduces Hannah Arendt’s approach for a legitimisation of civil disobedience and discusses her ideas for digital actions, which are increasingly framed as digital forms of civil disobedience. Addressing WikiLeaks as an example of digital civil disobedience, the author problematises the internal secrecy of WikiLeaks and the focus on Julian Assange as a single decision-maker. Both aspects challenge Arendt’s understanding of legitimate civil disobedience. Even though traditional criteria of civil disobedience need to be revisited in the digital age, organisations or disobedience actors might themselves in their actions be well-advised to comply with the principles they fight for.

Compulsory Community Care in New Zealand Mental Health Legislation 1846-1992

Directory of Open Access Journals (Sweden)

Anthony John O’Brien

2013-05-01

Full Text Available Community treatment orders are considered a new development in mental health care and are consistent with current New Zealand mental health policy of care in the community. However, since its first adoption in 1846, New Zealand mental health legislation has always made provision for compulsory mental health care out of hospital. Analysis of the text of each of the five iterations of mental health legislation shows that an initial (1846 provision for a friend or relative to take a committed patient into his or her care, as an alternative to committal to hospital, continued though various revisions until its current expression as a community treatment order. Using Rochefort’s model of change in mental health policy, we argue that a long static period until 1911 was followed by progressive change throughout the 20th century, although provision for compulsory out-of-hospital care has been continuous over the life of New Zealand’s legislation. In the late-20th century, compulsory mental health care is tied to medical treatment and mental health service surveillance of the patient’s social circumstances. We conclude with recommendations for how reformed legislation may contribute to future mental health policy by giving effect to agendas of positive rights and social inclusion.

Coping with EU environmental legislation

DEFF Research Database (Denmark)

Anker, Helle Tegner; de Graaf, Kars; Purdy, Ray

2015-01-01

A ‘burden reducing’ agenda has spurred an increased interest in how EU environmental legislation is transposed into national legislation—most prominently reflected in the principle of ‘no gold-plating’. Yet, an important question is to what extent transposition principles and practices may ensure...... on coherence and accessibility with respect to environmental legislation and that such issues deserve more attention in the transposition process.......A ‘burden reducing’ agenda has spurred an increased interest in how EU environmental legislation is transposed into national legislation—most prominently reflected in the principle of ‘no gold-plating’. Yet, an important question is to what extent transposition principles and practices may ensure...... a coherent and accessible body of environmental legislation, while at the same time ensuring adequate transposition of EU environmental legislation. This article analyses the existence, or emergence, of transposition principles and practices in three Member States—the United Kingdom, the Netherlands...

Examining Civil Servants' Decisions to Use Web 2.0 Tools for Learning, Based on the Decomposed Theory of Planned Behavior

Science.gov (United States)

Lai, Horng-Ji

2017-01-01

The purpose of this study was to investigate the decisions of civil servants to use Web 2.0 applications while engaging in online learning. The participants were 439 civil servants enrolled in asynchronous online learning programs, using an e-learning portal provided by Taiwan's Regional Civil Service Development Institute. The participants…

Civil society, political mobilization, and the impact of HIV scale-up on health systems in Brazil.

Science.gov (United States)

Parker, Richard G

2009-11-01

This article examines the role of civil society in shaping HIV and AIDS policies and programs in Brazil. It focuses on the historical context of the redemocratization of Brazilian society during the 1980s, when the initial response to the epidemic took shape, and emphasizes the role of social movements linked to the progressive Catholic Church, the sanitary reform movement in public health, and the emerging gay rights movement in the early response to the epidemic in Brazil. It highlights the broad-based civil society coalition that took shape over the course of the 1990s and the political alliances that were built up shortly after the 1996 International AIDS Conference in Vancouver, Canada, to pass legislation guaranteeing the right to access to antiretroviral treatment. It emphasizes the continued importance of civil society organizations-in particular, AIDS-related nongovernmental organizations-and leading AIDS activists in exerting continued pressure to guarantee the sustainability of treatment access and the impact that action focused on HIV and AIDS has had on the Brazilian public health system more broadly, particularly through strengthening health infrastructures and providing a model for health-related social mobilization.

Impact of a private health insurance mandate on public sector autism service use in Pennsylvania.

Science.gov (United States)

Stein, Bradley D; Sorbero, Mark J; Goswami, Upasna; Schuster, James; Leslie, Douglas L

2012-08-01

Many states have implemented regulations (commonly referred to as waivers) to increase access to publicly insured services for autism spectrum disorders (ASD). In recent years, several states have passed legislation requiring improved coverage for ASD services by private insurers. This study examines the impact of such legislation on use of Medicaid-funded ASD services. We used Medicaid claims data from July 1, 2006, through June 30, 2010, to identify children with ASD and to assess their use of behavioral health services and psychotropic medications. Service and medication use were examined in four consecutive 12-month periods: the 2 years preceding passage of the legislation, the year after passage but before implementation, and the year after implementation. We examined differences in use of services and medications, and used growth rates from nonwaiver children to estimate the impact of the legislation on Medicaid spending for waiver-eligible children with ASD. The number of children with ASD receiving Medicaid services increased 20% from 2006-2007 to 2009-2010. The growth rate among children affected by the legislation was comparable to that of other groups before passage of the legislation but decreased after the legislation's passage. We project that, without the legislation, growth in this population would have been 46% greater in 2009-2010 than observed, associated with spending of more than $8 million in 2009-2010. Passage of legislation increasing private insurance coverage of ASD services may decrease the number of families seeking eligibility to obtain Medicaid-funded services, with an associated substantial decrease in Medicaid expenditures. Copyright © 2012 American Academy of Child and Adolescent Psychiatry. Published by Elsevier Inc. All rights reserved.

Civil Identity

DEFF Research Database (Denmark)

Petersen, Lars Axel

In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the philosophy...

7 CFR 3.91 - Adjusted civil monetary penalties.

Science.gov (United States)

2010-01-01

... articles not for monetary gain), $275,000 in the case of any other person for each violation, and $550,000... violation of the AHPA by an individual moving regulated articles not for monetary gain, $275,000 in the case... and a maximum of $550. (3) Food and Nutrition Service. (i) Civil penalty for hardship fine in lieu of...

Legislative and other measures taken by government to realise the right of children to shelter

Directory of Open Access Journals (Sweden)

I Mc Murray

2004-06-01

Full Text Available The Constitution of the Republic of South Africa , 1996 entrenches numerous socio-economic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1(c will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1(c and children's right to basic shelter.The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid.It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development

Navigating SA's climate change legislation

International Nuclear Information System (INIS)

Dickey, Suzanne

2006-01-01

It is proposed that there should be a legislation to address climate change and Greenhouse Gas Emission Reduction Bill. South Australian Government Greenhouse Strategy and climate change legislation in light of the far-reaching implications this legislation could have on clients, who face the impacts of climate change in the business and natural environment. It is a commitment to reduce greenhouse gas emissions in South Australia by 2050 to 60 per cent of 1990 levels

National legislative and regulatory activities

International Nuclear Information System (INIS)

Anon.

2010-01-01

Belarus: general legislation with amendments to laws on the use of atomic energy (2009) and criminal law on acts concerning the use of radioactive sources and administrative law for non criminal violations of radiation safety requirement (2009). Egypt: general legislation with law on activities in the nuclear and radiation field (2010). France: radioactive waste management with a decree establishing a committee on industrial co-ordination of radioactive waste (2010) and third part liability with a law on the recognition and indemnification of victims of nuclear tests conducted by France (2010). Germany: general legislation with a tenth amendment to the atomic energy act (2010), and act on environmental impact assessment (2009) concerning organisation and structure we find a revised version of statutes of the Radiation Protection Commission (2009), about radiation protection we find an act on the protection against non-ionizing radiation (2009), and for transport of radioactive materials we have an ordinance on the international transport of dangerous goods by road (2009). Ireland: In radiation protection we have an order to amend Regulations on active implantable medical devices (2010). Italy: general legislation we have a decree setting out rules for the sitting, construction and operation of nuclear installations (2010). Romania: general legislation with a law on the reorganisation of public authorities (2009). Slovak Republic: general legislation with an amendment of the atomic act (2009). spain: radioactive waste management with a law regulation limited investment companies quoted on the real estate market (2009). Ukraine: general legislation with an overview of recent amendments to laws in the field of nuclear energy (2009). (N.C.)

Civil liability and nuclear coverage: synthesis report

International Nuclear Information System (INIS)

1995-01-01

The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

Psychiatric evaluation of civil capacity with the new Brazilian Statute of the Person with Disabilities

Directory of Open Access Journals (Sweden)

Elias Abdalla-Filho

2017-05-01

Full Text Available The objective of this paper is to provide an update to psychiatrists regarding the new Brazilian Law for the Inclusion of People with Disabilities (BLI, Law 13,146 of 2015, and, specifically, to discuss potential implications of situations in which examination by a forensic psychiatrist points toward civil incompetence, while the above-mentioned law mandates full civil capacity for disabled persons. A study of Law 13,146/2015 was conducted, including a comparative analysis of legal and psychiatric approaches on the subject. This analysis revealed that the BLI has generated differences of opinion among legislators. However, the greatest difference seems to arise between the justice system and psychiatric expertise in relation to the difference of criteria adopted in the two approaches. The BLI is very recent; it should be revised in response to debates among psychiatrists and the criminal justice system, and especially as jurisprudence is formed over time.

“IS THE LABOUR RELATION OF THE CIVIL SERVANT AN ADMINISTRATIVE CONTRACT?”

Directory of Open Access Journals (Sweden)

LIANA-TEODORA PASCARIU

2011-04-01

Full Text Available Nowadays, public institutions have contractual employees, hired on the basis of the Labour Code, and public servants, appointed on the basis of the Civil Service Statute. If the labour relation of the public servant is not qualified as a labour contract, what is its juridical character? This paper tries to demonstrate that the civil servant develops labour relations under different circumstances, i.e. on the basis of an administrative contract.

[Mobbing and working environment: towards an organizational prevention].

Science.gov (United States)

Bosco, Maria Giuseppina; Salerno, Silvana

2004-01-01

Psychological violence in the workplaces is increasing and the Italian national health service and trade unions are mostly involved in single cases of diagnosis strategy. To analyse published mobbing cases using a mobbing prevention approach that takes account of the main civil rights violation in mobbing actions. 25 cases were analysed in order to identify the type of mobbing, gender, the professional position and the main civil rights that were violated. Seven main civil rights had been violated in the 25 mobbing cases: health, work, professional skills, equal treatment, legality, diversity, dignity. Men working in unhealthy conditions, mostly due to unhealthy working environments, were forced to leave under the pressure of moral violence. In women, equal treatment and diversity were the main rights that were violated. Co-worker support was absent in all cases. A civil rights assessment to prevent mobbing is considered. Italian legislation, particularly the Civil Code, can be the legislation key for prevention, with the employer responsible for providing a violence-free environment as indicated in European Directive 626/94.

76 FR 15105 - Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes

Science.gov (United States)

2011-03-18

... Services 42 CFR Part 488 [CMS-2435-F] Medicare and Medicaid Programs; Civil Money Penalties for Nursing... incentives for quality improvement, and to remove uncertainty for nursing homes, we proposed to set the... Vol. 76 Friday, No. 53 March 18, 2011 Part III Department of Health and Human Services Centers for...

[Vocational Health Schools (ETSUS) in Brazil: regulation of the integration of teaching-service-administrative sustainability of ETSUS].

Science.gov (United States)

Borges, Fabiano Tonaco; Garbin, Cléa Adas Saliba; Siqueira, Carlos Eduardo; Garbin, Artênio José Ísper; Rocha, Najara Barbosa da; Lolli, Luíz Fernando; Moimaz, Suzely Adas Saliba

2012-04-01

The scope of this study was to discuss the administrative sustainability of Brazil's Vocational Health Schools (ETSUS) based on the principle of teaching and service integration, which brings a new dimension to healthcare work as yet unregulated by Brazilian public administration. It was a qualitative study using case study methodology. The research involved a semi-structured questionnaire given to ETSUS managers addressing institutional, administrative, and work management aspects. The sample was composed of 6 ETSUS that belong to the Network of Vocational Health Schools (RET-SUS). The ETSUS showed centralized planning and management, and decentralized implementation of their core activities. The majority did not have administrative autonomy and relied heavily on funding from the federal government. According to ETSUS managers, the lack of regulation of teaching activities by civil servants weakens the management of ETSUS. The ETSUS have managerial problems related to teaching-service integration, which has to be regulated in order to guarantee the sustainability of these schools and avoid conflicts with Brazilian legislation.

(Another Bankruptcy Legislation reform - functionalization of bankruptcy legal protection or placebo effect?

Directory of Open Access Journals (Sweden)

Dejan Bodul

2015-01-01

Full Text Available The paper deals with the most current topic in the field of collective civil law protection. The reforms of the Bankruptcy Act (seven of them as well as implementation of the Financial Operations and Pre-Bankruptcy Settlements Act (three amendments, which were implemented in 2012, have significantly altered Croatian insolvency legislation. Nevertheless, the indicative methods of determining the facts show that the bankruptcy and preliminary bankruptcy procedures, in relation to other countries in the region, are consuming less time. They are more expensive and have lower satisfaction from creditors. In comparison to countries with developed bankruptcy systems, Croatian regulations still need improvement. One has to take into consideration a substantial impact of multiple external, institutional factors on legislative solutions (unfavourable social context, problems in the payment system, the precarious recordings of immovable and movable property, an insufficient number of judges who were entrusted with the liquidation proceedings, weak training of bankruptcy administrators, inadequate methods of financing, and consequently weak motivation to work. The legislators are planning to make another functionalization of the Bankruptcy Act. His intention is, after two years of experimentation in the Financial Operations and Pre-Bankruptcy Settlements Act, to accept provisions on pre-bankruptcy settlements and reinstate many pre-existing options in the preparation of the reorganization plan. Since the existing framework is not allowing for a detailed analysis of the aforementioned subjects, one must emphasize that the space here does not permit a detailed analysis of these issues. Therefore, authors of this article will deal with subjects they see as relevant and essential for understanding key issues within the domain of the Bankruptcy Act. This work has been supported by the Croatian science foundation under the project number 6558 "Business and

Civil law

NARCIS (Netherlands)

Hesselink, M.W.; Gibbons, M.T.

2014-01-01

The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

Regulatory control, legislation and framework

International Nuclear Information System (INIS)

Parthasarathy, K.S.

1998-01-01

The legislation and regulations, a regulatory authority to authorise and inspect the regulated activities and to enforce the legislation and regulations, sufficient financial and man-power resources are the essential parts of a national infrastructure to implement the Basic Safety Standards. The legal framework consists of legislation (Act passed by Parliament) and the regulations (framed by the government and endorsed by the Parliament). This paper is primarily deals with the the legal framework set up in India for atomic energy activities

Stakeholder involvement in international conventions governing civil nuclear activities

International Nuclear Information System (INIS)

Emmerechts, Sam

2017-01-01

Mr Emmerechts explained that international conventions have varying positions on stakeholders and their involvement depending upon the intent of the legislator and the field they cover, ranging from a narrow to a broad interpretation. He addressed stakeholder involvement in two other international conventions governing civil nuclear activities, namely the Convention on Nuclear Safety, and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (the Joint Convention), both concluded under the auspices of the International Atomic Energy Agency (IAEA). He noted that the Convention on Nuclear Safety remains a 'traditional' international legal instrument, focusing on governments and governmental bodies as the main stakeholders and limiting obligations regarding the involvement of the public and intergovernmental organisations to their receiving information and observing. Likewise, the Joint Convention limits obligations regarding public involvement to access to information, notably as to the siting of proposed facilities. However, he noted that in the European Union, the Directive on Nuclear Safety (2014/87/Euratom) and the Directive for the Safe Management of Spent Fuel and Radioactive Waste (2011/70/Euratom) have more advanced public participation requirements in nuclear decision making. Mr Emmerechts explained that the substantial differences between nuclear legislation and the Aarhus and Espoo Conventions with regards to public involvement requirements could partly be explained by the technicality of nuclear information and by issues related to nuclear security

Harmonization of Legislation of a Candidate Country with EU Legislation: Insights from the Prism of the Citizens of Macedonia

Directory of Open Access Journals (Sweden)

Abdula Azizi

2013-05-01

Full Text Available Since the majority of the Western Balkan countries remain although they have expressed a willingness to join the EU, it is considered necessary to examine the topic of harmonization of national legislation of these countries with the EU legislation. So while until now, to this problem is not devoted adequate attention in scientific circles, it is considered necessary to explain and analyze the theoretical aspect of the harmonization of the legislation of the candidate countries with EU legislation, while they also learned things fr survey was conducted with the citizens of Macedonia where they express their opinions on the harmonization of Macedonian legislation and government policies related to Euro hope that in the future this work will encourage research and other activities related to government policy on the harmonization of national legislation with EU legislation.

The Risk of Autonomy. The ideal of self-legislation beyond the fear of civil war and its institutional containment

OpenAIRE

Christian Schmidt

2009-01-01

The modern understanding of autonomy (at least in its strong version) often includes the idea of selflegislation. As was paradigmatically the case for the French Revolution, self-legislation was considered as ideally neither bound by tradition nor by existing institutions. But some contemporary political theorists of the bourgeois revolutions (including Hobbes and Burke) felt uneasy about the loss of order and therefore tried to dispense with the concept of autonomy altogether. This article r...

The Essence of the Concept of «Wages Fund», and Impact of Legislative Changes of the Term of «Minimum Wage» on the Wage System of the Enterprise of Postal Service «Ukrposhta»

Directory of Open Access Journals (Sweden)

Buriak Valerii G.

2017-04-01

Full Text Available The article is aimed at substantiating the necessity of optimizing the pay scheme under the influence of legislative changes of the concept of «minimum wage». Studying the influence of legislative changes in the definition of the essence of concept of «minimum wage» and the wage system, used at the enterprise of postal service «Ukrposhta», has led to the conclusion that beginning from January 1, 2017 it is of the socially unjust and unfounded nature, because the principle of motivation of employees in respect of wages matching the quantity, quality, and results of labor, has been defied. It has been proposed to restructure the wage system at the enterprise of postal service «Ukrposhta» by optimizing the cross-categorial and cross-qualification relations, as well as the payment scheme.

Reconceptualizing Civil Regulation

DEFF Research Database (Denmark)

Galang, Roberto Martin; Castello, Itziar

2011-01-01

This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility litera....... Finally, we argue that, in Asia, governments act as a structuration mechanism which challenges the current understanding of CSR.......This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility...... and environmental standards; but also that local, small and medium companies play a key role in the development of Asian civil regulation. We call this second finding the “CSR importation trap”. Our findings are supported by evidence on the limitations in the interchangeable properties of business and governments...

Appropriate levels of service

CSIR Research Space (South Africa)

Wall, K

2010-02-01

Full Text Available The term "services", as used in this article, broadly refers to infrastructure (in particular, civil and electrical engineering infrastructure), and also the infrastructure elements such as schools, clinics and halls. The term "basic services...

Legislations the field of food irradiation

International Nuclear Information System (INIS)

1987-05-01

An outline is given of the national legislation in 39 countries in the field of food irradiation. Where available the following information is given for each country: form of legislation, object of legislation including information on the irradiation treatment, the import and export trade of irradiated food, the package labelling and the authorization and control of the irradiation procedures

OBJECT OF THE CONTRACT FROM THE PERSPECTIVE OF THE CURRENT CIVIL CODE

Directory of Open Access Journals (Sweden)

Raluca Antoanetta TOMESCU

2017-07-01

Full Text Available An indispensable element of social relations, primarily the contract governs our existence. Virtually anything in our lives is governed by contracts. Any move we make, school, work performed, marriage, holidays, a house or a new car, will lead to the acceptance of a contract, or are a consequence of their existence. In the light of the codifications set forth in the current Civil Code, which regularly follows the modern proposals for contract rules, the legislator gives us a clear perspective on its essential conditions of validity. Thus, along with the ability to contract and the consent of the parties, as essential conditions of validity of the contract, the cause and object of the contract also arise. The purpose of this study is therefore to reflect upon the meaning of some terms such as "the object of the contract", "the object of the obligation" or "the object of the benefit" in agreement with the regulations contained in the current Civil Code, especially because in practice but sometimes also in legal doctrine, sufficient attention is not given to the legal sense of each of them, the current rule bringing clarifying regulations.

Synthesis of Automated Vehicle Legislation

Science.gov (United States)

2017-10-01

This report provides a synthesis of issues addressed by state legislation regarding automated vehicles (AV); AV technologies are rapidly evolving and many states have developed legislation to govern AV testing and deployment and to assure safety on p...

Civil partnerships five years on.

Science.gov (United States)

Ross, Helen; Gask, Karen; Berrington, Ann

2011-01-01

The Civil Partnership Act 2004, which came into force in December 2005 allowing same-sex couples in the UK to register their relationship for the first time, celebrated its fifth anniversary in December 2010. This article examines civil partnership in England and Wales, five years on from its introduction. The characteristics of those forming civil partnerships between 2005 and 2010 including age, sex and previous marital/civil partnership status are examined. These are then compared with the characteristics of those marrying over the same period. Further comparisons are also made between civil partnership dissolutions and divorce. The article presents estimates of the number of people currently in civil partnerships and children of civil partners. Finally the article examines attitudes towards same-sex and civil partner couples both in the UK and in other countries across Europe.

Analysis of consequences and Civil Protection activities in the Lorca earthquake (Murcia): Pre-emergency, Emergency and Post emergency; Analisis de Consecuencias y Actuaciones de Proteccion Civil en el Terremoto de Lorca (Murcia): Pre-Emergencia, Emergencia y Post-Emergencia

Energy Technology Data Exchange (ETDEWEB)

Pascual Santamaria, G.; Gonzalez Lopez, S.; Alguacil Alguacil, L.

2012-07-01

This article aims to provide a summary of the actions taken by Civil Protection Organizations, after the earthquakes that occurred in Lorca, May 2011, in order to minimize damage to people and property. With this aim, measures that arise from the functions of Civil Protection were applied (Anticipation, Prevention, Planning, Intervention and Normalization) as defined in the basic legislation: Civil Protection Act 2/1985 of January 21 and Royal Decree 407/1992 of 24 April, approving the Basic Rule of Civil Protection. Specifically, two plans were applied this time: The State Civil Protection Plan to the Seismic Risk and the Civil Protection Special Plan to the Seismic Risk - Region of Murcia (SISMIMUR). According to these plans two meetings of the State Coordinating Committee were called on May 11 and 12. The Integrated Operational Coordinating Committee (CECOPI) was convened on May 11 and dissolved on December 28, once the necessary actions to minimize damage and to provide means and resources to the emergency were completed. In summary, the earthquake caused 9 deaths, 324 injuries (3 serious, 49 required hospitalization, on May 23 six people were still hospitalized), thousands of people were housed in 4 temporary camps, one of which was maintained until the 30 October. The text summarizes the statistics of damaged buildings and the means that intervened in the emergency response. At present and in application of the {sup R}oyal Decree Law 6/2011 of 13 May by adopting urgent measures to repair damage caused by seismic movements that occurred on May 11, 2011 in Lorca, Murcia{sup ,} 13.028 applications have been analyzed and 382,3 million euros have been released by the Insurance Compensation Consortium after analyzing more than 31.000 files, besides 10 months after the events the State has released 19.093.760,78. (Author) 10 refs.

Potential Contradictions Connected to the Inclusion of Stable Schools in the Legislation for Danish Organic Dairy Farms

DEFF Research Database (Denmark)

Vaarst, Mette; Fisker, I

2013-01-01

This article aims to raise questions and discuss how a previous farmer-driven group approach (Stable Schools) works under a legislation framework as a part of an obligatory health advisory service for Danish organic dairy producers. The study takes its starting point in an on-line questionnaire...... evaluation (79 farmer respondents) conducted after one year (2011) with the Stable School approach as part of the legislation. This is followed by a discussion on the perspectives of ‘obligatory farmer groups’ supported by literature on experience from other institutionalized advisory approaches. Respondents...... generally found the Stable Schools useful for many organic farmers, also after introduction to the legislation, given that farmers are motivated and the process is actively supported by a skilled facilitator. We raise the question of a potential mismatch between the legislative aims and the farmer group...

Three Tier-Level Architecture Data Warehouse Design of Civil Servant Data in Minahasa Regency

Science.gov (United States)

Tangkawarow, I. R. H. T.; Runtuwene, J. P. A.; Sangkop, F. I.; Ngantung, L. V. F.

2018-02-01

Minahasa Regency is one of the regencies in North Sulawesi Province. In running the government in Minahasa Regency, a Regent is assisted by more than 6000 people Civil Servants (PNS) scattered in 60 SKPD. Badan Kepegawaian Diklat Daerah (BKDD) of Minahasa Regency is SKPD that performs data processing of all civil servants and is responsible for arranging and formatting civil servants. In the process of arranging and determining the formation of civil servants, many obstacles faced by BKDD. One of the obstacles is the unavailability of accurate data about the amount of educational background of civil servants based on rank/class, age, length of service, department, and so forth. The way to overcome the availability of data quickly and accurately is to do Business analytical. This process can be done by designing the data warehouse first. The design of data warehouse will be done by dividing it into three tiers of level.

Nuclear liability legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

2000-01-01

This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

Flexibility in radiation protection legislation

International Nuclear Information System (INIS)

Beaver, P.F.; Gill, J.R.

1980-01-01

The UK approach to radiation protection legislation is described in detail. The advantages are outlined of a flexible approach whereby the objectives of the legislation are clearly identified but the means of achieving these are left open or qualified by terms such as 'where reasonably practicable'. The roles and viewpoints of management and unions in such an approach are discussed especially with respect to legislation such as the Health and Safety at Work Act. Specific topics include requirements for notification of use, criteria for controlled areas and the tasks of the radiation protection adviser. (UK)

39 CFR 230.13 - Why are restrictions on Office of Inspector General employees in civil proceedings necessary?

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Why are restrictions on Office of Inspector General employees in civil proceedings necessary? 230.13 Section 230.13 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION OFFICE OF INSPECTOR GENERAL Rules Governing Compliance...

Building a stronger framework of nuclear law. The IAEA's legislative assistance services

International Nuclear Information System (INIS)

Stoiber, C.

2003-01-01

The IAEA is publishing a Handbook on Nuclear Law which will provide IAEA Member States with a new resource for assessing the adequacy of their national legal frameworks governing the peaceful uses of nuclear energy; and practical guidance for governments in efforts to enhance their laws and regulations, in harmonizing them with internationally recognized standards, and in meeting their obligations under relevant international instruments. The Handbook responds to the growing demand from many national governments for assistance in the development of nuclear legislation and the need to harmonize their own legal and institutional arrangements with international standards. It also presents concise and authoritative instructional materials for teaching professionals (lawyers, scientists, engineers, health and radiation protection workers, government administrators) on the basic elements of a sound framework for managing and regulating nuclear energy. The Handbook is organized into five general parts: Part I provides a general overview of key concepts in the field: nuclear energy law and the legislative process; the regulatory authority; and the fundamental regulatory activities of licensing, inspection and enforcement. Part II deals with radiation protection. Part Ill covers various subjects arising from nuclear and radiation safety: radiation sources, nuclear installations, emergency preparedness and response, mining and milling, transportation, and waste and spent fuel. Part IV addresses the topic of nuclear liability and coverage. Part V moves to non-proliferation and security related subjects: safeguards, export and import controls, and physical protection. The Handbook also reflects and refers to the extensive range of IAEA Safety Standards covering all fields relevant to peaceful nuclear technology

The New Civil Process Code and the Mediation Act: The Incentive to Extrajudicial and Consensual Conflicts Resolution in Public Administration

Directory of Open Access Journals (Sweden)

Aline Sueli de Salles Santos

2016-10-01

Full Text Available The purpose of this paper is to discuss the contextual aspects of the norm, inserted in the article 174 of the New Civil Process Code and in the Mediation Act, which determines the creation of the chambers of mediation and conciliation, aiming to resolve the consensual and extrajudicial conflict in the public administration. In addition, it will also focuses on the perspectives of that legislative innovation, which tends to produce socially relevant results.

Legislation

International Nuclear Information System (INIS)

2002-01-01

This bulletin contains information about activities of the Nuclear Regulatory Authority of the Slovak Republic (UJD). In this leaflet the legislation activities of the UJD are presented. The Nuclear Regulatory Authority (UJD) of the Slovak Republic, as the central body, performs legislative activities within its competence and defines binding criteria in the area of nuclear safety. In the area of nuclear safety the Act No.130/1998 Coll. 'on peaceful use of nuclear energy' (Atomic Act) is the principal document which came into force on July 1, 1998. Based on the Atomic Act UJD issued decrees on special materials and installations, limits for maximum quantities of nuclear materials at which nuclear damage is not presumed. Furthermore, the regulations are issued which deal with provision of physical protection of nuclear material and radioactive waste, professional ability of employees at nuclear installations, registration and control of nuclear materials, emergency planning for the case of an incident or an events on nuclear installations at their decommissioning, transportation of nuclear materials and radioactive waste. Simultaneously, other 6 regulations are just before the before the completion and they are in various stages of the of the legislative process. In addition, UJD performs remarkable activities in legislative area by preparation of comments to drafts of other relating generally binding legal provisions of the Slovak Republic. UJD also acts as the participant of the review procedure in the area of technical standards and publication. UJD also issues documents which have character of the recommendations, so called safety guides. These guides contain methods and approach how to meet safety requirements presented in binding documents, as acts and decrees. In accordance with the Atomic act it is possible to use nuclear energy or make business in the area of nuclear energy only the basis of the authorisation issued by UJD. Authorisations are following

Senior Officer Course Manual. Military Justice and Civil Law

Science.gov (United States)

1996-12-01

that a LT in the Operations Department has been selling AMWAY products to military and civil service personnel as well as actively recruiting others...effects of sexual harassment on productivity and readiness, including increased absenteeism, greater personnel turnover, lower morale, decreased... productivity and readiness. These include costs associated with increased Enclosure (3) absenteeism, greater personnel turnover, lower morale

Legislative and Judicial Information Systems.

Science.gov (United States)

Becker, Louise Giovane

1983-01-01

Reviews computer applications in judicial, legal, and legislative information activities being used to support litigation and court administration, assist in searching for legislation and laws, aid criminal justice information systems, and provide appropriate bibliographic and reference assistance. Management issues in automating systems are…

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,

VAT application in travel services pursuant to the Czech and EU legislations and a proposal for amendments in the Czech value-added tax law

Directory of Open Access Journals (Sweden)

Milena Otavová

2010-01-01

Full Text Available The domain of value-added tax has been already fully harmonized. Its regulation dwells on the Council Directive 2006/112/EC on the common system of value-added tax, and all member countries of the European Union are obliged to provide for the implementation of this Directive into their national legislations similarly as the Czech Republic, which entered the European Union on 1 May 2004. The Act no. 235/2004 Coll. on the value-added tax as amended (hereinafter „value-added tax law“ should be therefore in line with the Directive. In reality however, some issues in the VAT law have not been fully harmonized yet. One of these issues is for example the application of a special routine for travel services according to §89 of the VAT law, which is in essential contradiction with the Directive in question, the controversial point being definition of the person of customer whom the Directive understands in a different way than the VAT law. Thus, the characterization of the problem based on the Czech and EU legislations with respect to jurisdiction of the Court of Justice of the European Community forms a framework of the paper. Based on a comparative analysis of the application of special and ordinary routines in providing travel services to the customer by the taxpayer, tax incidence in his assessment base is determined. At the same time, the paper also includes a proposal for the change of the definition of customer in the VAT law so that the application of the given routine is fully in line with the EU Directive.

Citizenship in civil society?

NARCIS (Netherlands)

Ossewaarde, Marinus R.R.

2007-01-01

This article seeks to provide a conceptual framework to complement and guide the empirical analysis of civil society. The core argument is that civil society must be understood, not as a category of (post)industrialized society, but as one of individualized society. Civil society is characterized by

Canadian Civil Justice: Relief in Small and Simple Matters in an Age of Efficiency

NARCIS (Netherlands)

J. Silver (Jonathan); T.C.W. Farrow (Trevor)

2015-01-01

textabstractCanada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in

Civil engineering support for the traffic monitoring program : final report, January 2010.

Science.gov (United States)

2010-01-01

This project was aimed at providing various civil engineering support services for the telemetered traffic monitoring sites operated by the Statistics Office of the Florida Department of Transportation. This was a companion project to the one that pr...

US legislative proposals for nuclear export controls

International Nuclear Information System (INIS)

Donnelly, W.H.

1977-01-01

Some of the topics covered are: Congress' perception of proliferation; completed legislation for non-proliferation; partially complete legislative initiatives in the 94th Congress; non-proliferation measures defeated or vetoed; and legislation for non-proliferation in the 95th Congress

Nuclear legislation in Czech Republic

International Nuclear Information System (INIS)

Stuller, J.

1996-01-01

The paper presents the status of nuclear legislation in the Czech Republic, specifying the fields of nuclear activities covered, partially covered and uncovered by the present legislation. The licensing process and the competence and powers of the State Office for Nuclear Safety are also briefly described

The impact of safety legislation

International Nuclear Information System (INIS)

Turner, J.L.; Gill, J.R.

1989-01-01

The impact of medicines legislation for radiopharmaceuticals is discussed with regard to product licensing, production and quality control, marketing authorisation within the EC, licensing exemptions and authorisation for administration. As regards safety legislation for radiopharmaceuticals the requirements of the Ionising Radiations Regulations 1985 are outlined. (UK)

A survey on new nuclear legislative documents

International Nuclear Information System (INIS)

Chiripus, Vlad

2005-01-01

The paper is an overview of 21 legislative documents concerning the nuclear field in Romania published in the 'Official Gazette' of Romania (Monitorul Oficial al Romaniei) between February 2, 2005 and September 12, 2005. A list of these documents is as follows: 1. Standards concerning the requirements of the quality management systems for product manufacturing and services for nuclear facilities; 2. The Agreement of July 19, 2004 between Romanian Nuclear Agency, AN, the Romanian National Commission for Nuclear Activities Control, CNCAN, and US Department of Energy, DOE, referring to cooperation in the combat against nuclear weapon and technologies proliferation; 3. Governmental Ordinance on continuation of the Cernavoda NPP Unit 2 construction in the frame of the 5x700 MW Cernavoda NPP Project. Within the Ordinance provisions are given concerning the exportation of heavy water produced by Heavy Water Plant of Romanian Authority for Nuclear Activities; 4. Environmental License for Nuclear Fuel Plant at Pitesti; 5. Ministry of Economy and Trade Order concerning the reports of data on environmental protection by industrial agents implied in nuclear power production and nuclear fuel fabrication; 6. Governmental Decision (Gov. D.) on criteria for ensuring individual protection of Romanian citizens working in units presenting nuclear, radiologic, chemical or biological risk; 7. Law referring to the Agreement with EURATOM on information exchange in radiological emergency (EUCURIE) and tasks of National Center for Coordination of Interventions in case nuclear accident or radiological emergency; 8. Ministerial Order referring to Generic procedures concerning the data acquisition, validation and actions in case of radiological emergency; 9. Methodological norms on planning, preparation and interventions in case of nuclear accident or radiologic emergency; 10; A CNCAN Order referring to Norms for classification of radioactive wastes in Romania; 11. General provisions

Legislation for nuclear disaster

International Nuclear Information System (INIS)

Nagata, Shozo

2012-01-01

Fukushima nuclear disaster accident clarified problems on nuclear-related legislation and its application. Legislation for nuclear disaster (LNA) could not respond to severe accident because assumed size of accident was not enough. After emergency event corresponding to the article 15 of LNA, was reported by the operator, more than two hours passed by the issuance of Emergency State Declaration. Off-site center could not work at all. This article reviewed outline of LNA and introduced discussion on the reform of legislation and its application. Reform discussion should be focused on swift and effective response readiness to emergency: 1) operator's substantial nuclear emergency drilling, (2) reinforcement of government's headquarters for emergency response, (3) after nuclear emergency, government's headquarters remained to enhance resident's safety from radiation hazard and (4) enactment of nuclear emergency preparedness guidelines for local communities. (T. Tanaka)

Legislative coalitions with incomplete information.

Science.gov (United States)

Dragu, Tiberiu; Laver, Michael

2017-03-14

In most parliamentary democracies, proportional representation electoral rules mean that no single party controls a majority of seats in the legislature. This in turn means that the formation of majority legislative coalitions in such settings is of critical political importance. Conventional approaches to modeling the formation of such legislative coalitions typically make the "common knowledge" assumption that the preferences of all politicians are public information. In this paper, we develop a theoretical framework to investigate which legislative coalitions form when politicians' policy preferences are private information, not known with certainty by the other politicians with whom they are negotiating over what policies to implement. The model we develop has distinctive implications. It suggests that legislative coalitions should typically be either of the center left or the center right. In other words our model, distinctively, predicts only center-left or center-right policy coalitions, not coalitions comprising the median party plus parties both to its left and to its right.

Civil Law Glossary.

Science.gov (United States)

Update on Law-Related Education, 1997

1997-01-01

Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

World tendences of civil aviation development and the enlargement of the Lithuanian civil aviation

Directory of Open Access Journals (Sweden)

J. Butkevičius

2006-06-01

Full Text Available The article deals with global trends in civil aviation, such as: liberalisation of aviation market, globalisation of airlines, privatisation of airlines and invasion of low cost airlines into the market. Also the influence of these trends on the Lithuanian civil aviation activities has been defined. The Lithuanian civil aviation activities have been analysed: activities of international airports, passenger and cargo carriers, passenger routes and passenger flows, transportation market and airplane fleet. The problems of the Lithuanian civil aviation activities have been identified and suggestions for the development of the Lithuanian civil aviation activities have been proposed.

Impact of the legislation on electric utilities

International Nuclear Information System (INIS)

De Long, M.

1982-01-01

The possible impact of Federal nuclear waste legislation on electric utilities is discussed. The proposed legislation will set forth a well defined program enabling utilities with nuclear plants to make long term plans under a statutory mandate committed to an available technology and implementation timetable. The legislation includes the necessary specificity for the utility companies to fulfill their responsibilities in describing their waste disposal plans to their customers, the concerned public, and state and local legislators

28 CFR 2.10 - Date service of sentence commences.

Science.gov (United States)

2010-07-01

... imposed. (b) The imposition of a sentence of imprisonment for civil contempt shall interrupt the running of any sentence of imprisonment being served at the time the sentence of civil contempt is imposed... civil contempt is lifted. (c) Service of the sentence of a committed youth offender or person committed...

Organized Civil Society, Participation and Citizenship in Europe

DEFF Research Database (Denmark)

Boje, Thomas P.

2015-01-01

welfare states and the chapter will discuss these differences and how the economic and social crisis has influenced the position of organised civil society and civic participation in general among European citizens. The chapter will conclude with a programmatic statement on the role of organised civil...... of citizens in the society. The economic and social crisis in Europe has accentuated the importance of different types of civic organisations in defending the social rights of the citizens and mediating between citizens and the political authorities. The main reason for this is the legitimacy crisis...... of the participatory democracy in the post-industrial countries. Additional factor to be considered are difficulties of realizing processes that are able to involve citizens in strategic decision-making at community as well as national level and difficulties in the identification and organization of welfare services...

Status of legislation

International Nuclear Information System (INIS)

Gilman, P.

1982-01-01

The Senate passed 69 to 6 legislation to provide a comprehensive nuclear waste policy. This legislation restates some things the Department of Energy is already doing. It modifies some others, and in some cases it provides new authorities, principally in those areas of state participation and in the area of financing of the program. Some of the provisions of the Senate bill are: schedule for a number of items in the disposal of nuclear waste, the first being an area referred to as away-from reactor storage; a timetable for geologic disposal; a plan for the long-term storage of nuclear waste for spent fuels; a financing mechanism; and states participation

5 CFR 890.903 - Covered services.

Science.gov (United States)

2010-01-01

... Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM Limit on Inpatient Hospital Charges, Physician Charges, and FEHB Benefit... inpatient hospital services apply to inpatient hospital services which are: (1) Covered under both Medicare...

28 CFR 31.202 - Civil rights.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 31.202 Section 31.202....202 Civil rights. (a) To carry out the State's Federal civil rights responsibilities the plan must: (1) Designate a civil rights contact person who has lead responsibility in insuring that all applicable civil...

Evolution of European Union legislation of herbal medicinal products and its transposition to national legislation in 1965-2007: case Finland.

Science.gov (United States)

Koski, Sari M; Laitinen-Parkkonen, Pirjo; Airaksinen, Marja

2015-01-01

The study aim was to explore the progress of legislation relating to herbal medicinal products in the European Union and compare it with the corresponding progress of the legislation in Finland in 1965-2007. The study was carried out using content analysis. Data were searched from publicly available European Union directives and national acts. All definitions and safety-related requirements for herbal medicinal products were identified. The transposition of safety-related requirements into the national legislation was studied. Medicinal products from plant origins have been part of the European Union legislation since 1965. Most plant-based products have not initially been regarded as medicinal products but rather as some kind of medicine-like products. The official definition of herbal medicinal products was introduced in Directive 2004/24/EC and implemented into the Finnish legislation with the terminology to recognise herbal medicinal products as part of medicinal products. The current safety-related requirements of medicinal products concern analogously herbal medicinal products. Herbal medicinal products have had different definitions in pharmaceutical legislation over the study period in the European Union and Finland. The current definition places herbal medicinal products more clearly under the medicinal products' legislation. Safety-related requirements are now practically identical for all medicinal products. Transposition of the European Union legislation into the national legislation in Finland is apparent. Copyright © 2013 John Wiley & Sons, Ltd.

29 CFR 784.102 - General legislative history.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false General legislative history. 784.102 Section 784.102 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Aquatic Products Legislative History of Exemptions § 784.102 General legislative history. (a) As orginally...

The first attempts to codify civil procedure in Serbia (1829-1844

Directory of Open Access Journals (Sweden)

Stanković Uroš

2012-01-01

Full Text Available The article sheds light on the first attempts to codify civil procedure in Serbia, in the period between 1829 and 1844. Predominantly focused on the earliest code-preparing works in the fields of penal and civil law, Serbian legal history neglected the third, equally important compilation - code of civil procedure. The quantity of hitherto established data on this subject did not suffice. It was known, for instance, what foreign code served as a model in the very beginning of lawgiving work. Serbian legal history was also acquainted with the fact in what manner two future codifiers - a member of Novi Sad City Council Jovan Hadžić and the mayor of Zemun Vasilije Lazarević, declared on the contents of the draft produced prior to their arrival in Serbia in 1837. Likewise, legal historian were familiar with the datum that Hadžić and Lazarević had been initially drafting new code in concert, but later divided jobs, so that thenceforth Lazarević alone was tasked with its creation. Exclusive of certain data of lesser significance, nothing was determined in relation to his work whatsoever. Leaning on disposable information, the author made an effort to deepen knowledge on prime codificatory works in this field. In terms of the earliest phase of codification, he expected to acquire new data with the help of foreign literature. Regarding Lazarević's work on the code, however, the author undertook a research in the archives believed to possess valuable documents. Having attentively scrutinized some allegations presented in the correspondence between the president of so-called Legislative Commission (established in 1829 and tasked with production of the code and Serbian language reformer Vuk Karadžić and his associate Jernej Kopitar, the curator of Austrian Court Library, the author sought for unidentified volumes cited as recourse in the process of code-preparing. By reason of some publications showing a large extent of consistence with the

THE PRINCIPLE OF GOOD FAITH IN THE BRAZILIAN LEGAL ORDER: A BRIEF STUDY OF THE NEW CIVIL PROCEDURE CODE.

Directory of Open Access Journals (Sweden)

Elias Marques de Medeiros Neto

2017-05-01

Full Text Available The present study has the scope to analyze and reflect the relevant legal aspects of the good faith principle in the Brazilian legal order, above all, its forecast in the new Brazilian Civil Procedure Code. Among the various innovations presented by the new Civil Procedure Code, a well-known and little used in the Brazilian legal order gets a real highlight in the Civil Procedure’s field: the good faith principle. The consecration of such an institute in the new Brazilian Civil Procedure Code, which came to be denominated by the doctrine as the procedural good faith’s principle, arise from the demand enlargement of the good faith in the private law and public law. Law nº 13.105 of 2015 that instituted a new Civil Procedure Code, stablish that the subjects of the process who participate in it in any way, pass their behaviors according to good faith, according to the article 5 of the 2015’s Brazilian Civil Procedure Code. Such principle, which makes up a norm of conduct is aimed at repelling the procedural conducts derived from bad faith by considering them illicit. In addition, the general clause of the objective procedural good faith requires that the subjects of a proceeding do not present a corrupt conduct of bad-faith. Thereby, aiming to evaluate the legal aspects of the procedural good faith in the Brazilian legal order, at a first moment, is necessary to understand the evolution and fundamental contours of good faith in civil law, with an emphasis on the study of existing good faith species and the understanding of objective good faith as a general clause. Next, it is necessary the study of the objective good faith principle’s constitutional foundation and its procedural bias. Finally, the principle of procedural good faith is materialized in the new Brazilian Civil Procedure Code. In order to appreciate the above, the deductive method and bibliographical and legislative research are used in the present work.

Civil War and Inoperativity

DEFF Research Database (Denmark)

Flohr, Mikkel

2017-01-01

This article analyses the penultimate publication in Giorgio Agambens Homo Sacer-series Stasis: Civil War as a Political Paradigm. It compares and contrasts the paradigm of civil war with the preceding paradigm of the exception, and identifies a significant displacement in the relationship between...... civil war and the sovereign state, in spite of Agamben’s insistence on their continuity. Agamben’s decoupling of civil war and the sovereign state facilitates novel political possibilities that unfortunately remain underdeveloped in the book. The article proceeds to develop Agamben’s brief intimations...... of inoperativity towards a concept of destituent power drawing on his other writings. It makes the argument for thinking civil war and inoperativity – stasis and stasis – together to derive a concept of destituent power as a form of revolution against the sovereign state, which does not constitute a new sovereign...

Significance of Operating Environment in Condition Monitoring of Large Civil Structures

Directory of Open Access Journals (Sweden)

Sreenivas Alampalli

1999-01-01

Full Text Available Success of remote long-term condition monitoring of large civil structures and developing calibrated analytical models for damage detection, depend significantly on establishing accurate baseline signatures and their sensitivity. Most studies reported in the literature concentrated on the effect of structural damage on modal parameters without emphasis on reliability of modal parameters. Thus, a field bridge structure was studied for the significance of operating conditions in relation to baseline signatures. Results indicate that in practice, civil structures should be monitored for at least one full cycle of in-service environmental changes before establishing baselines for condition monitoring or calibrating finite-element models. Boundary conditions deserve special attention.

Société civile et islamisme en Iraq et au Maroc | CRDI - Centre de ...

International Development Research Centre (IDRC) Digital Library (Canada)

Par son dynamisme, la société civile du Maroc s'est approprié avec les années un rôle traditionnellement dévolu aux institutions de l'État, soit offrir des services sociaux dans les secteurs de la santé, de l'éducation et du logement. Particulièrement efficaces à ce chapitre, les organismes islamiques de la société civile ont su ...

22 CFR 208.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil judgment. 208.920 Section 208.920 Foreign...) Definitions § 208.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

34 CFR 85.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Civil judgment. 85.920 Section 85.920 Education Office...) Definitions § 85.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

2 CFR 180.915 - Civil judgment.

Science.gov (United States)

2010-01-01

... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Civil judgment. 180.915 Section 180.915... § 180.915 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1006.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1006.920 Section 1006.920...) Definitions § 1006.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1508.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1508.920 Section 1508.920...) Definitions § 1508.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

LAS COMPETENCIAS DE LA GENERALITAT DE CATALUÑA EN MATERIA DE PROTECCIÓN PÚBLICA DE MENORES

Directory of Open Access Journals (Sweden)

Ángeles de Palma del Teso

2007-10-01

Full Text Available Legal institutions for the public protection of minors are at present regulatedby regulations enacted as civil legislation. This study looks at the reasonswhy this was the case. Catalan legislators continued down the road that Spanish state legislators had travelled beforehand. In fact, by this meansSpanish state legislators sought, and to a large extent succeeded in, unifying,standardising and including the regulations in this area into commonlaw. This process of "making civil" a task of the government had createddistortions, ranging from some decreases in citizen's guarantees when dealingwith the Government to considerable legal uncertainty. That is why itwould be wise to retrace our steps to make the government's work interms of the protection of minors more administrative. It is the right timeto do so. A process reforming the legislation for public protection of minorsis now under way in Catalonia. First, the Department of Justice is producinga draft law which will approve the second book of the Catalonia CivilCode, which regulates the protection of minors. At the same time, theDepartment of Social Action and Citizenship has begun the process to enacta new Law regulating childhood and adolescence. These legal texts willtherefore regulate the public and private institutions protecting minors anda legal regime will be established for them. The Civil Code should regulatethe legal/private institutions for the protection of minors, under the jurisdictionof civil legislation (art. 129 of the Statute of Autonomy of Catalonia.However, the legal and public institutions for the protection of minors shouldbe regulated within a governmental framework, as social services and publicprotection of minors (art. 166 of the Statute of Autonomy of Catalonia.Despite this, to the extent that the private and public institutions for theprotection of minors are interrelated, the two regulations must complementeach other. This is beside the fact that a civil law

29 CFR 783.28 - General legislative history.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false General legislative history. 783.28 Section 783.28 Labor... TO EMPLOYEES EMPLOYED AS SEAMEN Legislative History and Judicial Construction of the Exemptions § 783.28 General legislative history. As originally enacted in 1938, section 13(a)(3) of the Fair Labor...

21 CFR 1404.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Civil judgment. 1404.920 Section 1404.920 Food and...) Definitions § 1404.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

National legislative and regulatory activities

International Nuclear Information System (INIS)

2016-01-01

This section treats of the following National legislative and regulatory activities: 1 - France: General legislation, regulations and instruments; Nuclear trade (including non-proliferation); International co-operation; 2 - India: Licensing and regulatory infrastructure; Liability and compensation; 3 - Ireland: Nuclear safety and radiological protection (including nuclear emergency planning); Transport of radioactive material; Nuclear trade (including non-proliferation); 4 - Lithuania: Licensing and regulatory infrastructure; Nuclear safety and radiological protection (including nuclear emergency planning); Radioactive waste management; 5 - Luxembourg: Nuclear safety and radiological protection (including nuclear emergency planning); 6 - Slovak Republic: International co-operation; General legislation, regulations and instruments; 7 - Spain: Radioactive materials (including physical protection); Radioactive waste management; 8 - United States: Licensing and regulatory infrastructure

The supply chain of civil construction industries for support the nuclear power plant construction in Indonesia

International Nuclear Information System (INIS)

Dharu Dewi; Sriyana; Moch-Djoko Birmano; Sahala Lumbanraja; Nurlaila

2013-01-01

The use of domestic products for electricity infrastructure has been set out in the Ministerial Decree number: 54/M-IND/PER/3/2012, but the infrastructure of nuclear power plants (NPP) construction has not been included. Therefore, the potential of the local industries needs to be mapped it especially supply chain of civil construction industries to estimate the capability of the local component level (DCL) at the nuclear power plant project in Indonesia. NPP is a high-technology so that if NPP will be constructed, it is necessary to involve the national capability as media technology transfer, especially for EPC (Engineering, Procurement and Construction) services. Civil construction (civil part) play role is very large, about 21%. Therefore it is necessary in particular the role of the national civil construction industry to increase the capability of local content. Preparation of Civil construction infrastructure are depend on the supply chain of raw materials. The aim of the research was to map the supply chain of the civil construction industries. Methodology this study is a survey of national industries, literature review, and searching web site. The result study is a map of civil construction industries with raw material supply chain. (author)

Maritime environmental penal law. International and German legislation

International Nuclear Information System (INIS)

Eller, Jan Frederik

2017-01-01

The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

Legislating for advocacy: The case of whistleblowing.

Science.gov (United States)

Watson, Chanel L; O'Connor, Tom

2017-05-01

The role of nurses as patient advocates is one which is well recognised, supported and the subject of a broad body of literature. One of the key impediments to the role of the nurse as patient advocate is the lack of support and legislative frameworks. Within a broad range of activities constituting advocacy, whistleblowing is currently the subject of much discussion in the light of the Mid Staffordshire inquiry in the United Kingdom (UK) and other instances of patient mistreatment. As a result steps to amend existing whistleblowing legislation where it exists or introduce it where it does not are underway. This paper traces the development of legislation for advocacy. The authors argue that while any legislation supporting advocacy is welcome, legislation on its own will not encourage or enable nurses to whistleblow.

Implementing the legislation

International Nuclear Information System (INIS)

Silverstrom, L.

1982-01-01

Leon Silverstrom explained how nuclear waste disposal legislation would be implemented. The legislation provides a framework that recognizes the tremendous number of views and opinions on the subject and provides a mechanism that will allow all these interests to be expressed before final decisions are reached. Implementing procedures are outlined for: (1) the final repository; (2) interim or last resort storage; (3) research and development; (4) the monitored retrievable storage phases. The whole process will involve: environmental assessments and licensing requirements for each phase; construction of a test and evaluation facility; provision for sharing information with the states and interested parties; and procedures for public hearings and state rejection of propoped sites

Extra-curricular methods for improving the quality of the staff training in the university of civil engineering (psychological content

Directory of Open Access Journals (Sweden)

Magera Tatiana

2017-01-01

Full Text Available High technologies in architecture and construction change the world around. Professional trainings for the creators of the artificial environment (engineers and architects have an effect on people’s life but practically they don’t take into account the human nature of the final user and his own psychological features. In this article there are presented the results of the psychological services in the University of civil engineering from 2006 to 2017 as extra-curricular methods for the general competences formation and development. There are also described the methods of works and their specifics, some difficulties and perspectives. There are explained the reasons for psychological service at the university of civil engineering. There are also taken into account the global risks and dangers affecting the study content of civil engineering.

Legalisation of Civil Wars

DEFF Research Database (Denmark)

Buhl, Kenneth Øhlenschlæger

2009-01-01

This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....

Legislative Basis of Pedagogical Education in Japan

Science.gov (United States)

Kuchai, Tetiana

2014-01-01

Legal framework policy of Japan in the field of education has been analyzed. The problem of influence of legislative materials on the development of education in Japan, its legislative support has been considered. It has been defined that directive materials affect the development of education system in Japan. Legislation policy of the country is…

Comparative study on membership legislation in Canadian and Chinese agricultural co-operative laws

Institute of Scientific and Technical Information of China (English)

CHU Zhihong; GUO Xiangyu

2007-01-01

For centuries, groups of people desiring to supply themselves with goods, to market their products, or to obtain services of various kinds on a co-operative basis, have made increasing use of co-operative associations to achieve these purposes. During the period, legislation designed especially for the incorporation and conduct of such associations has been enacted by different counties.Since a co-operative is established and carried on by and for the use of its members, this essay makes a comparison between Canadian and Chinese co-operative laws in terms of membership in the aspects of qualifications, rights and obligations and withdrawal of membership, so as to probe the function of co-operative legislation and find some enlightment from it.

The congressional viewpoint: Deficit reduction and risk legislation

Energy Technology Data Exchange (ETDEWEB)

Chakoff, H.E.

1995-12-31

This presentation will provide a current congressional status of legislation related to low-level waste and DOE cleanup. Key legislation discussed will include S. 755 for Privatization of the Uranium Enrichment Corporation and the markup of H.R. 1020, the Nuclear Waste Legislation. In addition, the session will include a discussion of legislation related to the approval of the Texas compact.

The congressional viewpoint: Deficit reduction and risk legislation

International Nuclear Information System (INIS)

Chakoff, H.E.

1995-01-01

This presentation will provide a current congressional status of legislation related to low-level waste and DOE cleanup. Key legislation discussed will include S. 755 for Privatization of the Uranium Enrichment Corporation and the markup of H.R. 1020, the Nuclear Waste Legislation. In addition, the session will include a discussion of legislation related to the approval of the Texas compact

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

Directory of Open Access Journals (Sweden)

Natalia Kashtanova

2017-01-01

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

An Embarrassment of Riches or a Profusion of Confusion? An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa

Directory of Open Access Journals (Sweden)

B Smith

2010-08-01

Full Text Available As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while same-sex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and give rise to the same legal consequences, as a civil marriage under the Marriage Act.In January 2008, a draft Domestic Partnerships Bill saw the light of day, the potential enactment of which casts significant doubt as to whether the prevailing framework should be retained. With this potential development in mind, this paper considers the desirability of maintaining the "separate but equal" status quo by: (a comparing the South African Law Reform Commission's pre-Civil Union Act proposals with the approach eventually adopted by the legislature; (b comparing and contrasting the post-Civil Union Act position in South Africa with that of an established and well-ordered jurisdiction such as the Netherlands and, in the light hereof, considering the cases for and against repealing the Civil Union Act; and (c by considering the desirability and practicality of the civil partnership's potential co-existence with the Domestic Partnerships Bill (as modified in accordance with a recent study. A proposal is made that could provide a less complex and better streamlined family law dispensation in South Africa.

Promoting and Protecting Apologetic Discourse through Law: A Global Survey and Critique of Apology Legislation

Directory of Open Access Journals (Sweden)

John Charles Kleefeld

2017-08-01

Full Text Available The year 2016 was a milestone for the law-and-apology field, marking the thirtieth anniversary of the first general law aimed at enabling apologies for civil wrongs, introduced in Massachusetts in 1986, as well as the tenth anniversary of the Apology Act, enacted in British Columbia in 2006. The Apology Act seeks to promote apologies and apologetic discourse as an important form of out-of-court dispute resolution, chiefly by making apologetic statements inadmissible for proving liability in civil wrongs. It has served as a benchmark from which subsequent law reform efforts in Canada and abroad have been measured. In 2017, that benchmark was passed with the enactment in Hong Kong of the most ambitious apology law yet, which privileges not only statements of remorse, but also statements of facts embedded in apologies. This article summarises global apology legislation and court decisions to date. Part I considers each major jurisdiction, starting with the USA and concluding with Hong Kong. Part II draws some conclusions about where we have been and where we are going in our efforts to promote or protect apologetic discourse, including recommendations on interpreting existing laws and on drafting or redrafting apology legislation. El año 2016 supuso un hito en el campo del derecho y las disculpas, marcando el trigésimo aniversario de la primera ley general destinada a permitir las disculpas para daños civiles, aprobada en Massachusetts en 1986, así como el décimo aniversario de la Ley de Disculpa, aprobada en la Columbia Británica en 2006. La Ley de Disculpa busca promover las disculpas y el discurso de arrepentimiento como una forma importante para resolver disputas fuera de los tribunales, principalmente haciendo que las afirmaciones de arrepentimiento no fueran admisibles para probar la responsabilidad por daños civiles. Ha servido como ejemplo con el que comparar siguientes intentos de reforma jurídica en Canadá y el extranjero. En

Space civil engineering - A new discipline

Science.gov (United States)

Sadeh, Willy Z.; Criswell, Marvin E.

1991-01-01

Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding the Civil Engineering know-how and practice to the development and maintenance of infrastructure on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University under a recently established NASA Space Grant College Program. Academic programs geared toward creating Space Civil Engineering Options at both undergraduate and graduate levels are being formulated. Basic ideas and concepts of the curriculum in the Space Civil Engineering Option at both undergraduate and graduate levels are presented. The role of Space Civil Engineering in the Space Program is discussed.

NGO Management Case Study: Civitas Foundation for Civil Society

Directory of Open Access Journals (Sweden)

Ramona BERE

2000-06-01

Full Text Available As idealistic as it may sound, the truth is that NGOs act to make the world a better place. They often do that by taking action in areas where the government fails to succeed or does not do a very good job. In this context I would like to present a very special NGO: CIVITAS Foundation for Civil Society, evaluating its governance and services.

Food Irradiation. Standing legislation

International Nuclear Information System (INIS)

Verdejo S, M.

1997-01-01

The standing legislation in Mexico on food irradiation matter has its basis on the Constitutional Policy of the Mexican United States on the 4 Th. article by its refers to Secretary of Health, 27 Th. article to the Secretary of Energy and 123 Th. of the Secretary of Work and Social Security. The laws and regulations emanated of the proper Constitution establishing the general features which gives the normative frame to this activity. The general regulations of Radiological Safety expedited by the National Commission for Nuclear Safety and Safeguards to state the specifications which must be fulfill the industrial installations which utilizing ionizing radiations, between this line is founded, just as the requirements for the responsible of the radiological protection and the operation of these establishments. The project of Regulation of the General Health Law in matter of Sanitary Control of Benefits and Services, that in short time will be officialized, include a specific chapter on food irradiation which considers the International Organizations Recommendations and the pertaining harmonization stated for Latin America, which elaboration was in charge of specialized group where Mexico was participant. Additionally, the Secretary of Health has a Mexican Official Standard NOM-033-SSA1-1993 named 'Food irradiation; permissible doses in foods, raw materials and support additives' standing from the year 1995, where is established the associated requirements to the control registers, service constancies and dose limits for different groups of foods, moreover of the specific guidelines for its process. This standard will be adequate considering the updating Regulation of Benefits and Services and the limits established the Regulation for Latin America. The associated laws that cover in general terms it would be the requirements for food irradiation although such term is not manageable. (Author)

Investigation for integration of the German Public Health Service in catastrophe and disaster prevention programs in Germany

International Nuclear Information System (INIS)

Pfenninger, E.; Koenig, S.; Himmelseher, S.

2004-01-01

This research project aimed at investigating the integration of the GPHS into the plans for civil defence and protection as well as catastrophe prevention of the Federal Republic of Germany. Following a comprehensive analysis of the current situation, potential proposals for an improved integrative approach will be presented. In view of the lack of topics relevant for medical care in disaster medicine in educational curricula and training programs for medical students and postgraduate board programs for public health physicians, a working group of the Civil Protection Board of the German Federal Ministry of the Interior already complained in their 'Report on execution of legal rules for protection and rescue of human life as well as restitution of public health after disaster' in 1999, that the integration of the GPHS into catastrophe and disaster prevention programs has insufficiently been solved. On a point-by-point approach, our project analysed the following issues: - Legislative acts for integration of the German Public Health Service into medical care in catastrophes and disasters to protect the civilian population of Germany and their implementation and execution. - Administrative rules and directives on state and district levels that show relationship to integration of the German Public Health Service into preparedness programs for catastrophe prevention and management and their implementation and execution. - Education and postgraduate training options for physicians and non-physician employees of the German Public health Service to prepare for medical care in catastrophes and disasters. - State of knowledge and experience of the German Public Health Service personnel in emergency and disaster medicine. - Evaluation of the German administrative catastrophe prevention authorities with regard to their integration of the German Public Health Service into preparedness programs for catastrophe prevention and management. - Development of a concept to remedy the

B 150 civil engineering futures

DEFF Research Database (Denmark)

Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...... theme in twentieth century architecture. Together, civil engineer Peter Rice and architect Ian Ritchie created a paradigm shift with their revolutionary ideas for glass facades supported by cables. Glued and bolted constructions made entirely of glass are now a reality in small-scale projects, yet...

Kingdom, church and civil society: A theological paradigm for civil ...

African Journals Online (AJOL)

This article deals with the role that churches can and should play in civil society to develop societal morally. The central-theoretical argument is that the biblical notion of the kingdom of God can, when it is systematically and theologically developed, offer an acceptable foundation for the civil action of churches. In light of this ...

Stakeholder perspectives of wood-pasture ecosystem services

DEFF Research Database (Denmark)

Garrido, Pablo; Elbakidze, Marine; Angelstam, Per

2017-01-01

respondents showed more appreciation for regulating and supporting services, which included biodiversity conservation and climate regulation. Private and public sector respondents appreciated provisioning services more, whereas the civil sector mentioned supporting and regulating services more. For instance......, water regulation was only mentioned by civil and public sector respondents, while genetic resource preservation was only expressed by the private sector. All sectors noted cultural services as key ES. We discuss most mentioned ES by respondents, the co-production nature of ES in wood-pastures, as well...... to describe stakeholders' appreciation of ES from dehesa landscapes in northern Extremadura, Spain. A total of 45 ES were mentioned, and compared among different sectors and levels of governance. At the local level, people appreciated especially provisioning and cultural services. In contrast, regional level...

International medical law and its impact on the ukrainian health care legislation.

Science.gov (United States)

Pashkov, Vitalii; Udovyka, Larysa; Dichko, Hanna

2018-01-01

Introduction: The Ukrainian state has an urgent necessity of rapid search for essentially new legal and organizational forms of the healthcare system, reform of the legal regulation of healthcare services provision. In the context of European integration, the advancement of the medical industry reform is closely related to consideration of international standards and norms of health care. The aim: To study the impact of international medical law on the Ukrainian health care legislation. Materials and methods: International and Ukrainian regulations and documents on health care were used in the research. System and structural, functional and legal comparative methods as well as systematization, analysis and synthesis were determinative in the research process. Review: Systematization of international documents on health care was made. The major problems in the Ukrainian health care legislation were determined in terms of their conformity with the international legislative norms. The expediency of the Medical Code adoption was grounded and its structure was defined. Conclusions: Most health care international acts are ratified by Ukraine and their provisions are implemented in the legislation. Simultaneously, there is a row of problems, which hinder the Ukrainian health care development and place obstacles in the way of European integration. To remove these obstacles, it is expedient to create a codified act - the Medical Code, which would systematize the provisions of the current medical laws and regulations and fill in the existing gaps in the legal regulation of health care.

Equality, Legal Certainty and Tax Legislation in the Netherlands
Fundamental Legal Principles as Checks on Legislative Power: A Case Study

Directory of Open Access Journals (Sweden)

Hans Gribnau

2013-03-01

Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

Services

International Nuclear Information System (INIS)

Hardeman, F.

1998-01-01

The objectives of the services section is (1) to offer complete services in health-physics measurements according to international quality standards, (2) to improve continuously these measurement techniques and to follow up international recommendations and legislation concerning the surveillance of workers, (3) to support and advise nuclear and non-nuclear industry on problems of radioactive contamination. Achievements related to gamma spectrometry, whole-body counting, beta and alpha spectrometry, dosimetry, radon measurements, calibration, instrumentation, and neutron activation analysis are described

Turkish nuclear legislation: Developments for a nuclear newcomer

International Nuclear Information System (INIS)

Ercan, Erinc; Schneider, Horst

2013-01-01

Market Regulatory Authority (EPDK), which grants electricity production licences; the Turkish Electricity Distribution Company (TEDAS), involved in electricity distribution and trade 'in accordance with principles of productivity and profitableness'; the Turkish Electricity Trading and Contracting Company Inc. (TETAS), which engages in trading and contracting during the period of transition to an electricity market system; the state-owned Electricity Generation Company (EUAS), which was established 'to generate electricity in compliance with the energy and economic policies of the state and in accordance with the principles of efficiency and profitability' and with the 'mission... to generate reliable, economical, environmentally friendly energy by using the resources in our country efficiently so as to increase the public welfare'; and the Turkish Electricity Transmission Company (TEIAS) which, since 2001, deals with transmission facilities in the country and carries out the planning of load dispatch and operation services 'acting in compliance with the new market structure depending upon the transmission license obtained from Electricity Market Regulatory Authority (EMRA/EPDK) on 13 March 2003'. An Energy Stock Exchange is being developed in Turkey. Turkey, having published for public viewing for the first time its report of a CNS review meeting on 5 August 2013, is proceeding with the completion and consolidation of its nuclear legislation. In particular, the draft 'Nuclear Energy and Radiation Law', is expected for submission to the Prime Minister by the end of December 2013, and is an important step forward. This draft will address in detail the extent to which Turkey complies with the CNS today and in the near future. With regard to the regulatory body, no specific explanation of possible future legislation or restructuring is provided in the sixth review meeting report. Moreover, the structure of Turkish nuclear legislation and consequently the interaction of

HOW FAR HAVE WE REACHED IN EUROPEAN COOPERATION IN CIVIL MATTERS? A VIEW ON EUROPEAN ENFORCEMENT

Directory of Open Access Journals (Sweden)

Nicolae-Horia TIT

2015-09-01

Full Text Available The EU judicial cooperation in civil matters system was developed following the needs of member states to achieve a common goal, which is to create a space of mutual recognition of judgements and distribute the juridical effects of the order created under one jurisdiction thru out the entire European space. One of the main pillars of this system is the creation of European Enforcement Orders, judgements or other titles enforceable in a member state without prior recognition of declaration of enforceability. This system has been developed other the years, starting with the European Enforcement Order for uncontested claims, continuing with the European Order for Payment procedure and European Small Claims procedure, and reaching its peak in Regulation (EU 1215/2012. By virtue of this Regulation, entered into force in January 2015, a judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required (art. 39. The article analyses the evolution of EU regulation regarding the enforceability of foreign judgements and the system created under Regulation (EU 1215/2012, given its importance for the judicial cooperation in civil matters and its impact on the legislation of member stated. Also, a brief analysis of the provisions of the new Romanian civil procedure Code is made, given its amendments by Law no. 138/2014.

B 150 civil engineering futures

DEFF Research Database (Denmark)

specific climatic challenge or clean the air. With nanotechnology, the artificial and the natural move closer together; this is the perspective for civil engineer Chris McCarthy’s work all over the world. And what is new is not just the way the construction materials are put together; they also require......Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...

Civil War

OpenAIRE

Christopher Blattman; Edward Miguel

2010-01-01

Most nations have experienced an internal armed conflict since 1960. The past decade has witnessed an explosion of research into the causes and consequences of civil wars, belatedly bringing the topic into the economics mainstream. This article critically reviews this interdisciplinary literature and charts productive paths forward. Formal theory has focused on a central puzzle: why do civil wars occur at all when, given the high costs of war, groups have every incentive to reach an agreement...

Nuclear Regulatory Legislation

International Nuclear Information System (INIS)

1989-08-01

This compilation of statutes and material pertaining to nuclear regulatory legislation through the 100th Congress, 2nd Session, has been prepared by the Office of the General Counsel, US Nuclear Regulatory Commission, with the assistance of staff, for use as an internal resource document. Persons using this document are placed on notice that it may not be used as an authoritative citation in lieu of the primary legislative sources. Furthermore, while every effort has been made to ensure the completeness and accuracy of this material, neither the United States Government, the Nuclear Regulatory Commission, nor any of their employees makes any expressed or implied warranty or assumes liability for the accuracy or completeness of the material presented in this compilation

Students: Preparing the Next Generation of Students for the Civil Society.

Science.gov (United States)

Rifkin, Jeremy

1996-01-01

Suggests that changes in employment brought on by the information age will force a reevaluation of the nature of education. Argues that the nonprofit civil sector, or the "Third Sector," will become crucial in providing employment. Proposes that community college service-learning programs will be crucial to future job-training efforts. (MAB)

Desobediencia civil: la autoridad de la reflexión vs la autoridad civil

Directory of Open Access Journals (Sweden)

Maria José Urteaga Rodríguez

2016-06-01

Full Text Available ¿Puede la desobediencia civil justificarse moralmente? Este trabajo intenta dar una respuesta afirmativa a esta pregunta. Para dar cuenta de por qué la desobediencia civil es moralmente justificable, primero se describen algunos rasgos esenciales de la desobediencia civil. Después se explica la manera en la que tensión entre el poder civil y el poder del individuo –tensión que se asume como la fuente de la desobediencia civil–, bajo la consideración de algunos pasajes de la Fundamentación metafísica de las costumbres, resulta sólo aparente. Una vez disuelta la tensión se defiende que las fuentes normativas individuales y sociales no sólo no se contraponen, sino que su complementariedad es necesaria para justificar la desobediencia civil. Aunque suene paradójico: sólo se puede abrir espacio a la desobediencia a partir de resaltar la importancia de la obediencia y de la ley.

Civil engineering work

International Nuclear Information System (INIS)

Cousyn, Rene; Goubin, Jean.

1977-01-01

Although it does not require a specifically new technicality, the Civil Engineering site of a nuclear power plant is a complex work. Considering as an example the power plant currently in construction at Tricastin, the authors describe the main Civil Engineering work and task organization applied to carry it out [fr

7 CFR 3017.920 - Civil judgment.

Science.gov (United States)

2010-01-01

... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920 Agriculture... AGRICULTURE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 3017.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether...

29 CFR 1471.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor Regulations... SUSPENSION (NONPROCUREMENT) Definitions § 1471.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

77 FR 55175 - Civil Penalties

Science.gov (United States)

2012-09-07

... [Docket No. NHTSA-2012-0131; Notice 1] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations of motor vehicle safety requirements... and consumer information provisions. Specifically, this proposes increases in maximum civil penalty...

75 FR 5244 - Civil Penalties

Science.gov (United States)

2010-02-02

... [Docket No. NHTSA-2009-0066; Notice 2] RIN 2127-AK40 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements involving school buses, bumper... theft protection requirements. This action is taken pursuant to the Federal Civil Monetary Penalty...

National legislative and regulatory activities

International Nuclear Information System (INIS)

Anon.

2009-01-01

This part gathers the national legislative and regulatory activities. The subjects tackled are as follow: radiological protection (Belgium), transport of radioactive materials (Belgium, France), general legislation (Brazil, Ireland, Republic of Moldova, Serbia, Turkey), third part liability (Japan), radioactive waste management (Korea, Romania, Slovenia, Usa), regime of radioactive materials (Romania), organisation and structure (Switzerland), regime of nuclear installations (Usa), regulations on nuclear trade (Usa). (N.C)

31 CFR 19.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section 19.920... SUSPENSION (NONPROCUREMENT) Definitions § 19.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

77 FR 70710 - Civil Penalties

Science.gov (United States)

2012-11-27

... [Docket No. NHTSA-2012-0131; Notice 2] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and... provisions. Specifically, this increases the maximum civil penalty amounts for single violations of motor...

Utility Energy Services Contracts: Enabling Documents

Energy Technology Data Exchange (ETDEWEB)

Thomas, Karen; Vasquez, Deb

2017-01-01

The Federal Energy Management Program's 'Utility Energy Service Contracts: Enabling Documents' provide legislative information and materials that clarify the authority for federal agencies to enter into utility energy service contracts, or UESCs.

Legislation on university technology transfer and research management 2012

International Nuclear Information System (INIS)

2012-02-01

This book deals with legislation on university technology transfer in 2012, which includes invention promotion act, legislation on technology transfer and promotion of industrialization, legislation on industrial education and industrial cooperation, and special legislation on venture business. It lists the legislation related research and development by government department : fundamental law of scientific technique, law on evaluation and management of domestic research development business, national science and technology council and the patent office.

29 CFR 98.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Civil judgment. 98.920 Section 98.920 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction...

30 CFR 947.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 947.845 Section 947.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON § 947.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 941.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 941.845 Section 941.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE SOUTH DAKOTA § 941.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 912.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 912.845 Section 912.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE IDAHO § 912.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 921.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 921.845 Section 921.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MASSACHUSETTS § 921.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 939.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 939.845 Section 939.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE RHODE ISLAND § 939.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 937.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 937.845 Section 937.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON § 937.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 942.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 942.845 Section 942.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE § 942.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

30 CFR 903.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 903.845 Section 903.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for violations...

30 CFR 910.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 910.845 Section 910.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE GEORGIA § 910.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 922.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 922.845 Section 922.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MICHIGAN § 922.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 933.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 933.845 Section 933.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NORTH CAROLINA § 933.845 Civil penalties. Part 845 of this chaper, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 905.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 905.845 Section 905.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE CALIFORNIA § 905.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

75 FR 79978 - Civil Penalties

Science.gov (United States)

2010-12-21

... [Docket No. NHTSA-2010-0114; Notice 2] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for related series of violations of the National Traffic and Motor Vehicle Safety... Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection...

75 FR 49879 - Civil Penalties

Science.gov (United States)

2010-08-16

... [Docket No. NHTSA-2010-0114; Notice 1] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations covering a related series of... action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as...

Material civilization: things and society.

Science.gov (United States)

Dant, Tim

2006-06-01

This paper argues that although classical sociology has largely overlooked the importance of social relations with the material world in shaping the form of society, Braudel's concept of 'material civilization' is a useful way to begin to understand the sociological significance of this relationship. The limitations of Braudel's historical and general concept can be partially overcome with Elias's analysis of the connection between 'technization' and 'civilization' that allows for both a civilizing and a de-civilizing impact of emergent forms of material relation that both lengthen and shorten the chains of interdependence between the members of a society. It is suggested that the concept of the 'morality of things' employed by a number of commentators is useful in summarizing the civilizing effects of material objects and addressing their sociological significance. From the sociology of consumption the idea of materiality as a sign of social relationships can be drawn, and from the sociology of technology the idea of socio-technical systems and actor-networks can contribute to the understanding of material civilization. It is argued that the concept of 'material capital' can usefully summarize the variable social value of objects but to understand the complexity of material civilization as it unfolds in everyday life, an analysis of 'material interaction' is needed. Finally the paper suggests some initial themes and issues apparent in contemporary society that the sociological study of material civilization might address; the increased volume, functional complexity and material specificity of objects and the increased social complexity, autonomy and substitutability that is entailed. A theory of 'material civilization' is the first step in establishing a sociology of objects.

General rules applicable to civil works

International Nuclear Information System (INIS)

1981-07-01

RFS or Regles Fondamentales de Surete (Basic Safety Rules) applicable to certain types of nuclear facilities lay down requirements with which compliance, for the type of facilities and within the scope of application covered by the RFS, is considered to be equivalent to compliance with technical French regulatory practice. The object of the RFS is to take advantage of standardization in the field of safety, while allowing for technical progress in that field. They are designed to enable the operating utility and contractors to know the rules pertaining to various subjects which are considered to be acceptable by the Service Central de Surete des Installations Nucleaires, or the SCSIN (Central Department for the Safety of Nuclear Facilities). These RFS should make safety analysis easier and lead to better understanding between experts and individuals concerned with the problems of nuclear safety. The SCSIN reserves the right to modify, when considered necessary, any RFS and specify, if need be, the terms under which a modification is deemed retroactive. For civil works, the use of the RCC. G (Design and Construction Rules for Civil works of 900 MWe PWR Nuclear Power Plants) is accepted with conditions described in this RFS

National legislative and regulatory activities

International Nuclear Information System (INIS)

2016-01-01

- Poland: Organisation and structure; 7 - Slovak Republic: International co-operation, Nuclear security (Entry into force of the Amendment to the Convention on the Physical Protection of Nuclear Material; Act No. 91/2016 Coll. on Criminal Responsibility of Legal Persons), Liability and compensation (Newly adopted Civil Procedural Code); 8 - Slovenia: Nuclear safety and radiological protection - including nuclear emergency planning (Decree on the program of the systematic monitoring of working and living environments and raising awareness about measures to reduce public exposure to natural radiation sources; Rules on authorised experts for radiation and nuclear safety); 9 - United States: General legislation, regulations and instruments (Nuclear Regulatory Commission approved a final rule amending licensing, inspection and annual fee regulations to establish a variable annual fee structure for light-water small modular reactors)

14 CFR 1274.924 - Civil rights.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil rights. 1274.924 Section 1274.924... FIRMS Other Provisions and Special Conditions § 1274.924 Civil rights. Civil Rights July 2002 Work on NASA cooperative agreements is subject to the provisions of Title VI of the Civil Rights Act of 1964...

Model Legislation for GAAP and GASB.

Science.gov (United States)

Bissell, George E.

1987-01-01

The use of generally accepted accounting principles (GAAP) by all state and local governments may require legislation. Findings from a survey of states to get data on current accounting and financial reporting practices are summarized. Model legislation to provide uniformity in accounting and reporting is presented. (MLF)

Civil Society and Governance

DEFF Research Database (Denmark)

Hulgård, Lars

An illustration of how important the relationship is between civil society anbd governance. A short historic journey with four snapshots of times and situations that have provided interesting evidence about the connection between civil society and governance. My goal for the short historic journey...... is to make clear and hopefully even verify that providing knowledge about the impact of civil society and citizens’ participation on governance is one of the most urgent research tasks in the current period of time....

Problems of Refugees in Ukraine: Scope, Legislation and Administrative Practice

Directory of Open Access Journals (Sweden)

Olena Malinovska

2002-12-01

Full Text Available The article describes the process of the development of Ukrainian legislation on refugees, the relevant administrative institutes and the decision-making process on the applications for refugee status in Ukraine. The article also analyzes the dynamics of applying for refugee status to the migration services of Ukraine and illustrates the national, gender and education structure of refugee community. The conclusion states that during the years of independence Ukraine has changed from a transit state, supplying refugees for the West, to the state giving asylum on its territory.

La distribución de los riesgos en las doctrinas laboral y civil ante la imposibilidad de cumplimiento de la prestación

Directory of Open Access Journals (Sweden)

Javier Fernández-Costales Muñiz

2008-12-01

Full Text Available El contrato constituye una de las manifestaciones fundamentales del ejercicio de la autonomía privada. A través de él nacen, se modifican o bien extinguen gran parte de las relaciones jurídicas. A lo largo del desarrollo de una relación bilateral de carácter obligatorio pueden surgir hechos capaces de impedir u obstaculizar la ejecución de las prestaciones a las cuales se hubieren comprometido las partes. Ante tales hechos, es menester distinguir dos situaciones diferenciadas: la imposibilidad definitiva y la transitoria.La respuesta otorgada y las diferencias establecidas en este punto por la legislación civil, de un lado, y, de otro, especialmente, la normativa laboral frente a quien debe soportar la carga del riesgo en tales circunstancias centran el desarrollo de este estudio.The contract constitutes one of the fundamental manifestations of the exercise of the private autonomy. Across it they are born, they modify or extinguish great part of the juridical relations. Along the development of a bilateral relation of obligatory character there can arise facts capable of preventing or preventing the execution of the services to which they will have held the parts. Before such facts, it is necessary to distinguish two differentiated situations: the definitive impossibility and the transitory one.The granted response and the differences established in this point by the civil legislation, of a side, and, of other one, specially, the labour regulation opposite to whom it must support the load of the risk in such circumstances centres the development of this study.

32 CFR 855.13 - Civil fly-ins.

Science.gov (United States)

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Civil fly-ins. 855.13 Section 855.13 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE AIRCRAFT CIVIL AIRCRAFT USE OF UNITED STATES AIR FORCE AIRFIELDS Civil Aircraft Landing Permits § 855.13 Civil fly-ins. (a) Civil...

The Political Economy of Collective Labour Legislation in Taiwan

Directory of Open Access Journals (Sweden)

James W. Y. Wang

2010-01-01

Full Text Available This article provides a seminal analysis of collective labour legislation in Taiwan. A chronological review of Taiwan’s legislative process suggests that the context of incorporation, institutional framework, mechanisms for delivering reforms, and sequence of reforms together shape the legislative outcomes of labour reforms at the collective level. While most labour legislation was revised and passed after the preceding sequence of economic transition, the reform of collective labour rights was greatly constrained by the flexible labour-market structure. In order for politicians to form new alliances with labour organizations, legislation of collective labour rights was a strategy to cultivate support during electoral periods. Consequently, the industrial relations changed following the enactment of substantial reform-oriented labour legislation. Theore-tically, the historical analysis of legislative procedure unveils evolutionary reform paths for collective labour rights in new democracies. At the same time, empirically, Taiwan demonstrates an alternative reform path in combination with incremental steps and progressive agendas. For new democracies of small economy, a window of opportunity for the progress in collective labour legislation remains open today, albeit with limitations.

Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

Energy Technology Data Exchange (ETDEWEB)

Bittar, C A

1983-12-31

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

Legislative Bargaining and Incremental Budgeting

OpenAIRE

Dhammika Dharmapala

2002-01-01

The notion of 'incrementalism', formulated by Aaron Wildavsky in the 1960's, has been extremely influential in the public budgeting literature. In essence, it entails the claim that legislators engaged in budgetary policymaking accept past allocations, and decide only on the allocation of increments to revenue. Wildavsky explained incrementalism with reference to the cognitive limitations of lawmakers and their desire to reduce conflict. This paper uses a legislative bargaining framework to u...

RISK DEFINITION IN CIVIL UNMANNED AVIATION

Directory of Open Access Journals (Sweden)

Volodymyr Kharchenko

2016-12-01

Full Text Available Objective: The risks in unmanned civil aviation are considered as one of the most important. In the article is proved applicability of ensuring the flight safety of aircraft and considered the basic risks of manned civil aviation. Methods: Analyzed statistical data on aviation accidents, organized probabilities distribution of aviation accidents for manned and unmanned civil aviation to identify factors that influence the occurrence of emergency situations in manned and unmanned aviation. Results: We proposed typology of risk components in civil aviation and systematized methods and techniques to reduce risks. Over the analogies defined possible risks, their causes and remedies in civil unmanned aircraft. Weight coefficients distribution was justified between risk types for development of recommendations on risk management in unmanned civil aviation. Discussion: We found that the most probable risk in manned civil aviation is the human factor, organization of air traffic control, design flaws of unmanned aviation system as a whole, as well as maintenance of unmanned aviation system.

Nuclear energy and civilization

International Nuclear Information System (INIS)

Soentono, S.

1996-01-01

The role of energy is indeed very important since without it there will be no living-things in this world. A country's ability to cultivate energy determines the levels of her civilization and wealth. Sufficient energy supply is needed for economic growth, industrialization, and modernization. In a modern civilization, the prosperity and security of a country depends more on the capability of her people rather than the wealth of her natural resources. Energy supplies the wealth, prosperity and security, and sufficient reliable continuous supply of energy secures the sustainable development. The energy supply to sustain the development has to improve the quality of life covering also the quality of environment to support the ever increasing demand of human race civilization. Energy has a closer relationship with civilization in a modern society and will have to become even closer in the future more civilized and more modern society. The utilization of nuclear energy has, however, some problems and challenges, e.g. misleading information and understanding which need serious efforts for public information, public relation, and public acceptance, and possible deviation of nuclear materials for non-peaceful uses which needs serious efforts for technological and administrative barriers, precaution, prevention, safety, physical protection, safeguard, and transparency. These require cooperation among nuclear community. The cooperation should be more pronounced by heterogeneous growing Asian countries to reach harmony for mutual benefits toward better civilization. (J.P.N.)

Air Force Civil Engineer, Volume 14, Number 2, 2006

Science.gov (United States)

2006-01-01

homes located off base), reimburs - able service agreements are created between the housing development’s project owner and both the Air Force...Just as with security, fire protection is provided by the on-base fire department on a reimbursable basis. At a recent fire at Hanscom AFB, Mass... reimbursable clients; and programming functions. Input of this “living record” allows the database to manage the 5-Year Plan so 16 AIR FORCE CIVIL

Does State Legislation Improve Nursing Workforce Diversity?

Science.gov (United States)

Travers, Jasmine; Smaldone, Arlene; Cohn, Elizabeth Gross

2015-08-01

A health-care workforce representative of our nation's diversity is a health and research priority. Although racial and ethnic minorities represent 37% of Americans, they comprise only 16% of the nursing workforce. The purpose of this study was to examine the effect of state legislation on minority recruitment to nursing. Using data from the National Conference of State Legislatures, American Association of Colleges of Nursing, and U.S. census, we compared minority enrollment in baccalaureate nursing programs of states (Texas, Virginia, Michigan, California, Florida, Connecticut, and Arkansas) before and 3 years after enacting legislation with geographically adjacent states without legislation. Data were analyzed using descriptive and chi-square statistics. Following legislation, Arkansas (13.8%-24.5%), California (3.3%-5.4%), and Michigan (8.0%-10.0%) significantly increased enrollment of Blacks, and Florida (11.8%-15.4%) and Texas (11.2%-13.9%) significantly increased enrollment of Hispanic baccalaureate nursing students. States that tied legislation to funding, encouragement, and reimbursement had larger enrollment gains and greater minority representation. © The Author(s) 2015.

On civil engineering disasters and their mitigation

Science.gov (United States)

Xie, Lili; Qu, Zhe

2018-01-01

Civil engineering works such as buildings and infrastructure are the carriers of human civilization. They are, however, also the origins of various types of disasters, which are referred to in this paper as civil engineering disasters. This paper presents the concept of civil engineering disasters, their characteristics, classification, causes, and mitigation technologies. Civil engineering disasters are caused primarily by civil engineering defects, which are usually attributed to improper selection of construction site, hazard assessment, design and construction, occupancy, and maintenance. From this viewpoint, many so-called natural disasters such as earthquakes, strong winds, floods, landslides, and debris flows are substantially due to civil engineering defects rather than the actual natural hazards. Civil engineering disasters occur frequently and globally and are the most closely related to human beings among all disasters. This paper emphasizes that such disasters can be mitigated mainly through civil engineering measures, and outlines the related objectives and scientific and technological challenges.

An analysis of state legislation on community trails.

Science.gov (United States)

Eyler, Amy; Lankford, Tina; Chriqui, Jamie; Evenson, Kelly R; Kruger, Judy; Tompkins, Nancy; Voorhees, Carolyn; Zieff, Susan; Aytur, Semra; Brownson, Ross

2010-03-01

Trails provide opportunities for recreation, transportation and activity. The purpose of this article is to describe state legislation related to community trails, to analyze legislation content, and to evaluate legislation on inclusion of evidence-informed elements. State trail legislation from 2001 to 2008 was identified using online legislative databases. An analysis of evidence-informed elements included in the legislation was conducted. These elements included: funding, liability, accessibility, connectivity, and maintenance. Of the total 991 trail bills, 516 (52.0%) were appropriations bills, of which 167 (32.2%) were enacted. We analyzed 475 (48%) nonappropriation trail bills of which 139 (29.3%) were enacted. The percentage of enactment of appropriations bills decreased over time while enactment of nonappropriations trail bills increased. Over half of the nonappropriations trail bills included at least 1 evidence-informed element, most commonly funding. Few bills contained liability, connectivity, accessibility, or maintenance. There is opportunity for providing evidence-informed information to policy-makers to potentially influence bill content. The number of bills with a funding element demonstrates that fiscal support for trails is an important policy lever that state legislatures may use to support trails. Lastly, trails should be considered in over-all state-level physical activity legislation to provide opportunities for communities to be active.

Civil Procedure In Denmark

DEFF Research Database (Denmark)

Werlauff, Erik

scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based......The book contains an up-to-date survey of Danish civil procedure after the profound Danish procedural reforms in 2007. It deals with questions concerning competence and function of Danish courts, commencement and preparation of civil cases, questions of evidence and burden of proof, international...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...

The development of quality management techniques in civil engineering design and site supervision

International Nuclear Information System (INIS)

Cowan, A.J.

1991-01-01

Quality assurance techniques have developed considerably over the past few years, and in particular the application of Quality Management within a service industry such as civil engineering has evolved into a well developed management control system. James Williamson and Partners were the first members of the Association of Consulting Engineers successfully to achieve third party accreditation with BSI for civil and structural design. The initial system was generated for work on Torness Power Station in the early 1980s, and the firm has, in the last ten years, developed a flexible quality system to effectively control and co-ordinate complex projects. This paper discusses the use of quality assurance (QA) techniques in a civil engineering design office, looking at a few areas where the requirements of BS 5750 and BS 5882 are difficult to interpret. Some observations are also made on the adoption of QA for site supervision. (author)

The Coast Artillery Journal. Volume 65, Number 3, September 1926

Science.gov (United States)

1926-09-01

until July 2, 1927 (Under previously existing legislation , July 2, 1926, had been set as the terminal date); second, the extension of time for completion...Queen’s Westminister and Civil Service Rifles, Admiral of the Fleet Lord Jellico acted as chief umpire. The teams were also received by the King, and were

Transition: New Challenge for Special Education.

Science.gov (United States)

Dildy, Dennis R.

Special education students who graduate or age-out of school are often not successful in making the transition from school to work. Transition services in Texas are grounded in federal civil rights legislation and a Texas Senate concurrent resolution which calls for preparing and supporting the successful transition of handicapped students to the…

State health agencies and the legislative policy process.

Science.gov (United States)

Williams-Crowe, S M; Aultman, T V

1994-01-01

A new era of health care reform places increasing pressure on public health leaders and agencies to participate in the public policy arena. Public health professionals have long been comfortable in providing the scientific knowledge base required in policy development. What has been more recent in its evolution, however, is recognition that they must also play an active role in leading and shaping the debate over policy. A profile of effective State legislative policy "entrepreneurs" and their strategies has been developed to assist health agencies in developing such a leadership position. Based on the experiences of State legislative liaison officers, specific strategies for dealing with State legislatures have been identified and are organized into five key areas--agency organization, staff skills, communications, negotiation, and active ongoing involvement. A public health agency must be organized effectively to participate in the legislative policy process. Typically, effective agencies centralize responsibility for policy activities and promote broad and coordinated participation throughout the organization. Playing a key role in the agency's political interventions, the legislative liaison office should be staffed with persons possessing excellent interpersonal skills and a high degree of technical competence. Of central importance to effective legislative policy entrepreneurship is the ability to communicate the agency's position clearly. This includes setting forward a focused policy agenda, documenting policy issues in a meaningful manner, and reaching legislators with the proper information. Once a matter is on the legislative agenda, the agency must be prepared to negotiate and build broad support for the measure. Finally, public health agencies must be active policy players. To take advantage of new opportunities for action, the public health (policy) leader must monitor the political environment continually.By working to anticipate and formulate

Efficiency of Public Service in Pekangbaru City With E-Government

Science.gov (United States)

Zamzami; Fajrizal; Arief Hasan, Mhd

2017-12-01

The use of technology in the field of computers today is increasing, along with the development of science and globalization of information that demands the creation of a state of computerization. E-Government is now the right solution for local and central government, it is because it can assist the government in managing government data and able to provide information to the community quickly, precisely and efficiently. The current service system at the Office of Population and Civil Registration of Pekanbaru City still uses a manual system that takes a long time and cost a lot. In this E-Government application will contain application feature profile information of the Office of Population and Civil Registration of Pekanbaru City, public service requirements, office address of Pekanbaru City Sub-district, community complaint, KK (Family Card), and birth certificate online. The general purpose of making E-Government application system is to provide a new alternative for the Office of Population and Civil Registration of Pekanbaru City in improving its public service system. And the specific purpose is to facilitate the delivery of information, the formation of the system of birth certificate and death online and realize the excellent service for the Office of Population and Civil Registration Pekanbaru and the public.

Thailand Momentum on Policy and Practice in Local Legislation on Dengue Vector Control

Directory of Open Access Journals (Sweden)

Adisak Bhumiratana

2014-01-01

Full Text Available Over a past decade, an administrative decentralization model, adopted for local administration development in Thailand, is replacing the prior centralized (top-down command system. The change offers challenges to local governmental agencies and other public health agencies at all the ministerial, regional, and provincial levels. A public health regulatory and legislative framework for dengue vector control by local governmental agencies is a national topic of interest because dengue control program has been integrated into healthcare services at the provincial level and also has been given priority in health plans of local governmental agencies. The enabling environments of local administrations are unique, so this critical review focuses on the authority of local governmental agencies responsible for disease prevention and control and on the functioning of local legislation with respect to dengue vector control and practices.

The laws. 4. enlarged ed.

International Nuclear Information System (INIS)

1988-01-01

This issue no. 10 presents the terms and definitions valid in the field of civil defence, and the laws and regulations. There is the law relating to civil defence, of August 9, 1976, the official announcement, and the statement of legislative intent; further, the law relating to an extension of disaster services, together with the general administrative provisions concerning organisation, additional equipment, training of personnel, and financing of disaster services. The issue also presents the general administrative regulation for establishment, support, and management of civil defence, the law concerning construction and provision of shelters for the population, the general administrative regulation concerning local alarm systems and services (Warndienst-VwV) of March 31, 1981, and the act relating to the convention of May 14, 1954, for protection of cultural objects in the event of an armed conflict, (act of April 11, 1967), as well as the text of the convention itself and the protocol. (orig.) [de

High technology and civil rights

International Nuclear Information System (INIS)

Lerche, P.

1982-01-01

Court decision reflect the widely felt lack of clarity about the present legal situation in the field of high technology. This confusion is also due to the fact that this legal situation is surrounded by civil rights constellations, which have more and more eroded the contours of our legal system in recent years: Today, civil rights are no longer specific, well-definable bulwarks for the citizen, but are more and more frequently interpreted by the supreme courts as sources of procedural requirements with more or less certain often vague consequences. This shifting of the accent in civil rights towards procedural matters is due to an innate logical necessity, however: The same civil right considered in the same situation, e.g., in planning for high technology, may give rise to very different, even contradictory individual claims. Therefore, one of the main modern objectives of civil rights becoming more and more apparent is the need to reconcile conflicting positions, which makes civil rights a driving force in balancing interests in the easiest possible way. Yet, one of the main deficiencies in this rapidly growing procedural approach is the one-sidedness often to be found as a result of isolated, punctual actions. This misses the objective of achieving adequate harmonization. As examples of such one-sided, isolated civil rights approaches, legal opinions are cited on the so-called public participation (possibility to object for those concerned) in the licensing procedures under the German Atomic Energy Act and for protection against environmental impacts. Quity rightly, this participation of the public is interpreted as an advance protection of civil rights. However, its consequences quite often are exaggerated. (orig.) [de

LEGISLATIVE, ACCOUNTING AND FISCAL NON-CONFORMITIES

Directory of Open Access Journals (Sweden)

PALIU – POPA LUCIA

2016-12-01

Full Text Available In the context of the debate analysis from the last decades on the relationship between accounting and taxation, independence or dependence of the accounting rules from the tax ones and taking into consideration that the independence of the two leads to permanent and even significant differences between the accounting and tax profit, I found that certain terms are regulated differently in accounting legislation in our country compared to fiscal one or the legislation in the economic field. Taken from this perspective the main objective of this scientific approach is the identification of accounting and tax legislative nonconformities and the proposal of the ways to solve them so as to eliminate, where possible, differentiated professional interpretations.

LEGISLATIVE, ACCOUNTING AND FISCAL NON-CONFORMITIES

Directory of Open Access Journals (Sweden)

PALIU – POPA LUCIA

2017-12-01

Full Text Available In the context of the debate analysis from the last decades on the relationship between accounting and taxation, independence or dependence of the accounting rules from the tax ones and taking into consideration that the independence of the two leads to permanent and even significant differences between the accounting and tax profit, I found that certain terms are regulated differently in accounting legislation in our country compared to fiscal one or the legislation in the economic field. Taken from this perspective the main objective of this scientific approach is the identification of accounting and tax legislative nonconformities and the proposal of the ways to solve them so as to eliminate, where possible, differentiated professional interpretations.

CFC legislation in the European Union

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Cvjetković Cvjetana M.

2015-01-01

Full Text Available In this paper the author considers CFC legislation in the Member States of the European Union, and points to the official attitude of the institutions of the European Union toward CFC legislation. Special attention in this paper is focused on Judgment of the Court of Justice of the European Union in the case Cadbury Schweppes. The aim of the paper is to analyze CFC legislation in the Member States in order to determine its basic characteristics, as well as to determine its compatibility with freedoms guaranteed by the primary law of the European Union, i.e. with Judgment of the Court of Justice of the European Union in the Cadbury Schweppes case.

Sustainability issues in civil engineering

CERN Document Server

Saride, Sireesh; Basha, B

2017-01-01

This compilation on sustainability issues in civil engineering comprises contributions from international experts who have been working in the area of sustainability in civil engineering. Many of the contributions have been presented as keynote lectures at the International Conference on Sustainable Civil Infrastructure (ICSCI) held in Hyderabad, India. The book has been divided into core themes of Sustainable Transportation Systems, Sustainable Geosystems, Sustainable Environmental and Water Resources and Sustainable Structural Systems. Use of sustainability principles in engineering has become an important component of the process of design and in this context, design and analysis approaches in civil engineering are being reexamined to incorporate the principles of sustainable designs and construction in practice. Developing economies are on the threshold of rapid infrastructure growth and there is a need to compile the developments in various branches of civil engineering and highlight the issues. It is th...

FREEDOM OF CONTRACT AND ITS LIMITATIONS IN THE ROMANIAN CIVIL CODE

Directory of Open Access Journals (Sweden)