Hasil untuk "Civil law"

Oleksiy Hetmanenko, Bohdan Tyvodar

Modern society is increasingly faced with the need to improve the transparency and accountability of public authorities in order to combat corruption. In many countries, including Ukraine, corruption remains one of the biggest challenges in public administration, negatively affecting economic development, social justice and citizens' trust in the state. Traditional forms of interaction between citizens and public administration, which involve paper-based procedures and direct contact with officials, often create fertile ground for abuse and bribery. In the context of digitalisation and the growing role of information and communication technologies in all spheres of public life, electronic services (e-services) offer an alternative way for citizens, businesses and public authorities to interact. The use of e-services simplifies administrative procedures, reduces the subjective influence of the human factor and speeds up access to necessary information. All this, in turn, contributes to reducing corruption risks and increasing the effectiveness of management decisions. In Ukraine, the fight against corruption is one of the priorities of state policy, enshrined in strategic documents such as the Sustainable Development Strategy "Ukraine 2021-2025". The implementation of digital initiatives, such as the National Agency for Corruption Prevention's electronic declaration system or the ProZorro public procurement platform, demonstrates the potential of technology to reduce corruption risks. However, the digitisation process is accompanied by challenges, including limited technical infrastructure, low levels of digital literacy, and the need to adapt legislation to new realities. Research on this topic allows us not only to assess the current state of digitisation, but also to offer recommendations for its further development in the law enforcement sphere. The aim of the work is to summarise the main scientifically based approaches to defining digitalisation processes and their characteristics as an anti-corruption tool for public administration in modern conditions. The methodology of the article is structured in such a way as to allow for the study of the development of digitalisation as an anti-corruption tool in public administration, the identification of the essential features of digitalisation in the field of public administration, the limitations of digitalisation processes in public administration, digital tools in the fight against corruption, and the identification of directions for anti-corruption strategy in the promising conditions of European integration. The study was conducted based on the principles of dialectical logic. The multifaceted and multifactorial nature of the development of digitalisation as an anti-corruption tool and public administration necessitates the use of a systematic and situational approach to its study. The work also applied methods of systemic, logical, institutional analysis, and forecasting. The development of provisions and conclusions used the possibilities of comparative studies, rational choice theory, and neo-institutionalism. The study demonstrates that digital technologies, most notably electronic registries, big data analytics systems, blockchain solutions, video surveillance, and whistleblowing platforms, possess considerable potential in the prevention and combatting of corruption in law enforcement. The effectiveness of these reforms is clearly demonstrated by Ukrainian examples, such as the NACP electronic declaration system and the ProZorro public procurement platform. These tools help ensure transparency, automate management processes and minimise the human factor, which is particularly important in an area where significant discretionary powers create opportunities for abuse of authority. At the same time, the process of implementing digital solutions is accompanied by a number of challenges, including technical limitations, insufficient digital literacy among employees, gaps in legislation, and growing cyber threats. In the context of martial law and limited resources, these challenges are becoming even more relevant in Ukraine, necessitating a gradual, adaptive approach to the digitalisation of law enforcement. Further development prospects are linked to the following key areas: integration of interdepartmental digital platforms, strengthening cybersecurity, systematic training of specialists, and deepening international co-operation. The adaptation of best international practices, in particular the recommendations of the OECD and the European Commission, as well as the updating of national legislation to take into account innovative technologies, in particular artificial intelligence, play a special role in this process. Digitalisation, provided it is accompanied by appropriate regulatory, organisational and technical support, can become the basis for a systemic transformation of anti-corruption policy, strengthening trust in law enforcement agencies and establishing the principle of the rule of law. Achieving these goals requires coordinated efforts by the state, civil society and international partners, which will enable the full potential of digital tools in the field of law enforcement to be realised.

Stefan Baral, Adeeba Kamarulzaman, Lucy Stackpool-moore et al.

Objectives To seek consensus among global experts on concepts, measures and approaches to guide national and global action to address HIV-related stigma and formulate a call to action. This outlines priorities to unite actors in more effectively responding to and resourcing efforts to address HIV-related stigma.Design An adapted Delphi consensus-building process using two rounds of online questionnaires.Setting Online questionnaires sent to a global expert panel.Participants 50 global experts on HIV-related stigma and discrimination representing sectors including civil society, people living with HIV and key populations, research and academia, clinical practice, law, non-profit organisations, the United Nations, and policy and donor organisations.Results The panel reached consensus on 55 points relating to the 12 broad themes extracted from the evidence base. These comprised the importance of addressing HIV-related stigma at scale; HIV-related stigma terms and definitions; Frameworks; Programming and approaches; Community leadership in HIV-related stigma-reduction implementation; Intersectional stigma and discrimination; Stigma and discrimination measures and assessment scales; Monitoring and evaluation; Stakeholder and community participation in monitoring and evaluation; Knowledge gaps and research needs; Funding and Commitment calls. From these, a consensus statement and call to action were formulated on priorities for strong political and financial commitments by all countries to reduce and mitigate HIV-related stigma and achieve global HIV targets adopted in 2021.Conclusions This study illustrated that global experts across sectors consider that action is needed to support the three critical enablers of the HIV response—society, systems and services—to ensure that HIV services are non-discriminatory and person-centred. The importance of attention and action to reduce stigma is critical in the current geopolitical and funding crisis affecting HIV and global health.

Wojciech Szafrański

For years, the art market has been an environment vulnerable to money laundering. Art is often treated as a financial asset, while being excluded from meaningful state oversight. The implementation of the 5th AML Directive in 2021 integrated the Polish art market into the existing EU anti-money laundering (AML) regime, initiating intensified activity by the General Inspector of Financial Information (GIIF). The authority now conducts inspections, collects data and develops analytics, gradually improving its understanding of the circulation of cultural goods. Regulated entities failed to adopt the new rules promptly and their output is generally formal in nature, such as preparing documentation for compliance rather than applying a genuine risk-based approach. Meanwhile, both the EU and Poland continue to strengthen their AML framework: the AMLA agency has been created, and work is underway on SIGIIF 2.0 as well as a unified communication channel with the GIIF. However, important gaps remain, including unclear references to definitions of artworks, antiques and collectibles in the VAT Act, the possibility of bypassing the €10,000 threshold through fragmentation, the lack of clear practice regarding artist-entrepreneurs, and limited information exchange among authorities. As AML and heritage-protection regulations have developed separately, these inconsistencies persist. The art market has thus shifted from almost no oversight to dynamic yet still uneven measures, while the development of a coherent AML system remains ongoing.

Jian'an Zhang

We study reinforcement learning (RL) on volatility surfaces through the lens of Scientific AI. We ask whether axiomatic no-arbitrage laws, imposed as soft penalties on a learned world model, can reliably align high-capacity RL agents, or mainly create Goodhart-style incentives to exploit model errors. From classical static no-arbitrage conditions we build a finite-dimensional convex volatility law manifold of admissible total-variance surfaces, together with a metric law-penalty functional and a Graceful Failure Index (GFI) that normalizes law degradation under shocks. A synthetic generator produces law-consistent trajectories, while a recurrent neural world model trained without law regularization exhibits structured off-manifold errors. On this testbed we define a Goodhart decomposition \(r = r^{\mathcal{M}} + r^\perp\), where \(r^\perp\) is ghost arbitrage from off-manifold prediction error. We prove a ghost-arbitrage incentive theorem for PPO-type agents, a law-strength trade-off theorem showing that stronger penalties eventually worsen P\&L, and a no-free-lunch theorem: under a law-consistent world model and law-aligned strategy class, unconstrained law-seeking RL cannot Pareto-dominate structural baselines on P\&L, penalties, and GFI. In experiments on an SPX/VIX-like world model, simple structural strategies form the empirical law-strength frontier, while all law-seeking RL variants underperform and move into high-penalty, high-GFI regions. Volatility thus provides a concrete case where reward shaping with verifiable penalties is insufficient for robust law alignment.

Yuga Karaki, Yoshitaka Mori, Eigo Ebisawa et al.

We investigated plasma heating enhancement using a high-intensity, high-contrast laser and a cone-attached target. Fast electron spectra and X-ray emission were measured with an electron spectrometer and a Bragg crystal spectrometer. The results were analyzed using PrismSPECT simulations with a two-component electron distribution model and empirical scaling laws. X-ray pinhole images showed that the cone effectively focused multi-spot laser light near its tip, enhancing local emission. While high-contrast laser irradiation reduced the fast electron slope temperature for flat targets, the use of a cone increased it by over threefold, corresponding to a fourfold rise in laser intensity. X-ray spectral analysis indicated an electron temperature of ~9~keV for the cone case, 17.5 times higher than that with a low-contrast laser. These findings demonstrate that combining high-contrast laser irradiation with cone-target geometry significantly improves laser energy coupling and plasma heating efficiency.

Claudia del Carmen Viascán Castillo

Jesus L. Lobo, Javier Del Ser

Artificial Intelligence is widely regarded as a transformative force with the potential to redefine numerous sectors of human civilization. While Artificial Intelligence has evolved from speculative fiction to a pivotal element of technological progress, its role as a truly transformative agent, or transformative Artificial Intelligence, remains a subject of debate. This work explores the historical precedents of technological breakthroughs, examining whether Artificial Intelligence can achieve a comparable impact, and it delves into various ethical frameworks that shape the perception and development of Artificial Intelligence. Additionally, it considers the societal, technical, and regulatory challenges that must be addressed for Artificial Intelligence to become a catalyst for global change. We also examine not only the strategies and methodologies that could lead to transformative Artificial Intelligence but also the barriers that could ultimately make these goals unattainable. We end with a critical inquiry into whether reaching a transformative Artificial Intelligence might compel humanity to adopt an entirely new ethical approach, tailored to the complexities of advanced Artificial Intelligence. By addressing the ethical, social, and scientific dimensions of Artificial Intelligence's development, this work contributes to the broader discourse on the long-term implications of Artificial Intelligence and its capacity to drive civilization toward a new era of progress or, conversely, exacerbate existing inequalities and risks.

Mingyu Yu, Sahani Amaya Iddawela, Jiayang Wang et al.

GaSe is an important member of the post-transition metal chalcogenide family and is an emerging two-dimensional (2D) semiconductor material. Because it is a van der Waals material, it can be fabricated into atomic-scale ultrathin films, making it suitable for the preparation of compact, heterostructure devices. In addition, GaSe possesses unusual optical and electronic properties, such as a shift from an indirect-bandgap single-layer film to a direct-bandgap bulk material, rare intrinsic p-type conduction, and nonlinear optical behaviors. These properties make GaSe an appealing candidate for the fabrication of field-effect transistors, photodetectors, and photovoltaics. However, the wafer-scale production of pure GaSe single crystal thin films remains challenging. This study develops an approach for the direct growth of nanometer-thick GaSe films on GaAs substrates using molecular beam epitaxy. It yields smooth thin GaSe films with the rare γ'-polymorph. We analyze the formation mechanism of γ'-GaSe using density functional theory and speculate that it is stabilized by Ga vacancies since the formation enthalpy of γ'-GaSe tends to become lower than that of other polymorphs when the Ga vacancy concentration increases. Finally, we investigate the growth conditions of GaSe, providing valuable insights for exploring 2D/3D quasi-van der Waals epitaxial growth.

Henry A. Thompson

I argue that generative AI will have an uneven effect on the evolution of the law. To do so, I consider generative AI as a labor-augmenting technology that reduces the cost of both writing more complete contracts and litigating in court. The contracting effect reduces the demand for court services by making contracts more complete. The litigation effect, by contrast, increases the demand for court services by a) making contracts less complete and b) reducing litigants' incentive to settle, all else equal. Where contracts are common, as in property and contract law, the change in the quantity of litigation is uncertain due to offsetting contracting and litigation effects. However, in areas where contracts are rare, as in tort law, the amount of litigation is likely to rise. Following Rubin (1977) and Priest (1977) generative AI will accelerate the evolution of tort law toward efficiency.

Đorđe Sančanin, Dalibor Krstinić

In this paper, the authors emphasize the importance of awareness of security culture, and define its essential characteristics. By using such an approach, they analyse the phenomenon and features of one of today’s greatest security risks – COVID-19. In addition, the authors also deal with analysing the security culture through the prisms of school and family, as the fundamental institutions having an influence over the education and upbringing processes. They observe security culture primarily through the ways in which these institutions react to the new security risk resulting from COVID-19, which has become one of the greatest security threats all over the world. It means that nowadays people are preoccupied with finding the ways of preserving both physical and mental health, and protecting themselves, and, at the same time, maintaining a normal lifestyle and daily functioning, without fear and uncertainty.

Timothy R. Law, Philip T. Barton

We present a practical cell-centred volume-of-fluid method developed within a pure Eulerian setting for the simulation of compressible solid-fluid problems. The method builds on a previously published diffuse-interface Godunov-type scheme through the addition of a specialised mixed-cell update that is capable of maintaining sharp interfaces indefinitely. The mixed-cell update is local and may be viewed as an interface-sharpening extension to the underlying diffuse-interface scheme along the lines of other techniques such as Tangent of Hyperbola INterface Capturing (THINC), and hence the method can be straightforwardly extended to include other coupled physics. We validate the method on a range of challenging test problems including a collapsing metal shell, cylinder impacts and the three-dimensional simulation of a buried explosive charge. Finally we demonstrate the robustness of the method, and its use in a multi-physics context, by modelling the BRL 105mm unconfined shaped charge with reactive high-explosive burn and rate-sensitive plasticity.

R. Katz, P. Mair

Zhihan Yu, Chao Zhou, Chao Zhou et al.

Bilateral investment agreements are bilateral treaties between capital exporting countries and host countries, which is specially used to protect international investment, and the contract execution is directly related to the daily operation of multinational enterprises. Based on the panel data of 73 developing countries from 2005 to 2019, this paper examines the improvement effect of BITs on the contract execution of host countries. The study found that both the overall bilateral investment agreements and the bilateral investment agreements in force can significantly improve the contract execution of the host country. Due to the differences between the civil law system and the common law system in many aspects, such as the source of evidence and trial mode, the effect of BITs on the improvement of contract execution in host countries of the common law system is more prominent. In terms of specific impact, the improvement effect of BITs on time is significantly better than cost. The core conclusion is still valid after changing the estimation method and eliminating abnormal samples.

Munyaradzi I. Katumba

Though not high profile, collaborations and partnerships between law enforcement agencies (LEAs) and public health organizations do exist across Africa. Law enforcement and public health (LEPH) partnerships have been common, but not necessarily optimum, in responses to epidemics such as sexually transmissible infections, tuberculosis, and malaria, and pandemics such as HIV/AIDS and COVID-19. There are some such collaborations in responses to gender-based violence (GBV), particular socio-economic problems and challenges, counter-insurgency and terrorism (when it happens within civilian spaces), to address issues of rape, disease and death. Leadership in development of such approaches comes from a wide range: local and national governments, law enforcement agents, CSOs, regional economic bodies and United Nations agencies. They have also a wide range of success and sustainability. There are examples of excellent collaboration in partnerships with long histories and experience of working together, especially among those that have established common goals aimed at local, national and global health outcomes. However, antagonisms also exist between civil society organizations (CSOs) and LEAs, with CSOs placing blame on law enforcement agents for harms caused, and with LEAs perceiving CSOs as enemies of the state because of their work with and advocacy for the rights of culturally or politically taboo or sensitive matters, such as sex work or homosexuality. Not uncommonly, partnerships have not been formed; or where they have formed but have failed to achieve consensus and joint results, have collapsed. Much more needs to be done at all levels to achieve effective, humane and sustained joined-up responses to difficult public health issues in the African context.
  

Vinícius da Silva Lemos

The present work has as its purpose and objective analysis of the cognitive fission in a complex process objectively in Brazilian civil procedure, starting with a study on the evolution of positive law procedure and its relationship with the cognitive fission, either through their exceptionality in previous procedural encodings, either upon the validity of the theory of the oneness of the sentence, either in the current perspective, upon the positivization of partial decisions in the Civil Procedure Code of 2015.

Cecilia Calderón Paredes

En el contexto del Proyecto de Ley 4243/2018-CR, Ley del Empleo Digno que regula a los trabajadores de Plataformas Digitales, es innegable la existencia de una nueva realidad empresarial dominada por el fenómeno de las plataformas digitales. Esta nueva dinámica reta los parámetros clásicos del derecho laboral y coloca en debate la existencia o no de un vínculo de naturaleza laboral entre los agentes partícipes de ella. En el presente artículo, y bajo una visión mercantillaboral, la autora destaca la existencia de una novedosa economía de plataformas, identifica a los actores intervinientes en ella y la dinámica que esta incorpora en el mercado. De igual manera, examina los nuevos indicios de laboralidad que podrían surgir en este escenario, conforme han sido reconocidos por el Tribunal Supremo español en un último pronunciamiento referido al tema: el caso Glovo.

Sanja Šćepanović, Sagar Joglekar, Stephen Law et al.

The presence of people in an urban area throughout the day -- often called 'urban vitality' -- is one of the qualities world-class cities aspire to the most, yet it is one of the hardest to achieve. Back in the 1970s, Jane Jacobs theorized urban vitality and found that there are four conditions required for the promotion of life in cities: diversity of land use, small block sizes, the mix of economic activities, and concentration of people. To build proxies for those four conditions and ultimately test Jane Jacobs's theory at scale, researchers have had to collect both private and public data from a variety of sources, and that took decades. Here we propose the use of one single source of data, which happens to be publicly available: Sentinel-2 satellite imagery. In particular, since the first two conditions (diversity of land use and small block sizes) are visible to the naked eye from satellite imagery, we tested whether we could automatically extract them with a state-of-the-art deep-learning framework and whether, in the end, the extracted features could predict vitality. In six Italian cities for which we had call data records, we found that our framework is able to explain on average 55% of the variance in urban vitality extracted from those records.

Víctor Amor‐Esteban, Isabel‐María García‐Sánchez, M. Galindo-Villardón

L. Edelman, S. Fuller, Iona. Mara-Drita

María Àngels Porxas Roig

Abstract: Legal capacity is build-up on the concepts of rationality and capability, which exclude persons with mental illness. Although the notion of mental illness is highly subjective and dependent on historical and sociocultural contexts, the representation on the collective imagination of persons with mental illness tends to identify them by the negative characteristics associated to their diagnosis. The paper reviews how these traditional legal notions, together with the collective imagination representation of the mentally ill, have an impact on the way law has treated persons with a psychiatric diagnostic. It has approached issues that concern them mainly through normative differences and justifying its rights limitations. This work focuses the analysis on the differenced treatment imposed by the civil institution of guardianship and the best interest criterion of interpretation used tojustify it, which are both rejected by the Convention on the Rights of Persons with Disabilities (2006) and replaced by decision support models and by the criterion of the will and preferences. These new values of interpretation of the legal capacity, and thus of the constitution of the subject of rights, are incompatible with the traditional and dominant approach in the current legal systems, despite they coexist now. The paper also analyses the most significant case law on this issue and highlights the value of the courts to adjust the current institutions to the new parameters of interpretation. Finally, it considers how the impact of the change of paradigm on the notions of legal capacity and subject of rights might transform the way society recognizes the person with a mental illness and its own identification, towards a less negative representation of mental illness.