The article is devoted to the theoretical and practical aspects of criminal law qualification in the context of the digitalization of the legal system. It is emphasized that digital technologies significantly impact the sphere of criminal law, transforming approaches to the analysis of acts that bear legal significance. It is established that criminal law qualification constitutes a key element within the mechanism of criminal law regulation, as it ensures the legal assessment of an act and serves as the basis for holding a person criminally liable or exempting them from such liability. Various approaches to understanding the concept of qualification are examined, with an emphasis on its complexity and multifaceted nature. It is determined that the development of digital technologies creates prospects for the automation of law enforcement, particularly the process of legal qualification. At the same time, significant risks are highlighted, associated with the formalization of the elements of a criminal offense, many of which possess an evaluative character and are not amenable to unequivocal algorithmization. It is noted that algorithmic systems are capable of analyzing only formalized data, yet cannot account for psychological motives or social context, which often play a decisive role in the proper legal assessment of an act. The problem of the so-called “black box” phenomenon of algorithms is outlined, whereby even developers are sometimes unable to explain the reasoning underlying the decisions generated by the system, which contradicts the requirements of criminal law concerning the obligation to provide reasons for each judgment. Examples of the use of algorithmic technologies in criminal justice systems of other countries are analyzed, where such systems are primarily employed for analytics, risk prediction, or supporting decision-making, but have not yet performed full-fledged legal qualification of criminal acts. In Ukraine, the implementation of digital technologies in this sphere remains at an initial stage and is mainly limited to the automation of administrative procedures without the direct application of algorithms for the qualification of criminally punishable acts. The necessity is substantiated for developing a methodology that would clearly distinguish between characteristics suitable for algorithmization and those requiring human evaluation. The importance is underscored of establishing legal mechanisms to ensure the transparency of algorithmic functioning, the possibility of reviewing their decisions, and the protection of the rights of participants in criminal proceedings. It is concluded that the implementation of digital technologies in criminal law qualification is possible only under the condition of maintaining a balance between technological progress and the principles of justice, legal certainty, and human rights protection. Further research should focus on the creation of hybrid models of law enforcement, wherein algorithms play an auxiliary role while final decisions remain within the competence of legal professionals.
<i>Background</i>: Defining the optimal fleet portfolio is a crucial process in airline planning. The published efforts in literature provide ways to anticipate the disruption effects on the passenger demand; however, the proposed solution in this paper provides visibility on the impact of sustainable disruption and the way an airline can resist it. <i>Methods</i>: This paper proposes a two-stage methodology to find the best portfolio for airline operational requirements under the impact of disruption. The first stage considers optimization for normal airline operations under a specific fleet portfolio using an Integer Linear Programming (ILP) model. The second stage of the analysis is a mapping for the scenario-based methodology to find a way out for an airline subjected to some given disruption in operations. <i>Results</i>: The result of the two-stage analysis shall define the best fleet portfolio to withstand sustained disruptions by mapping the results in a disruption funnel and showing the impact of the supply and demand gap on the airline’s sustainable profitability. <i>Conclusions</i>: This paper provides a novel, practical way of evaluating strategic decisions to choose the best fleet portfolio and make airlines rely on the mapping of the disruption funnel to modify their network while increasing supply chain resilience.
Transportation and communication, Management. Industrial management
It is indicated that International Commercial Arbitration is one of the most effective ways of resolving disputes between participants in international trade, ensuring speed, flexibility and neutrality of the process. However, the activity of arbitration in Ukraine faces a number of new challenges due to the introduction of martial law as a result of large-scale aggression. The hostilities led to significant disruptions to normal economic activity, including making it difficult to enforce contracts, access to justice, and enforce arbitral awards. This raises questions about the ability of arbitration to function effectively in such extraordinary circumstances. The topic is extremely relevant in today’s environment, where Ukraine faces large-scale military aggression that significantly affects all spheres of economic life, including international trade and legal relations between business entities. The article examines the legal and practical aspects of international commercial arbitration during martial law, particularly the impact of military operations on arbitration procedures, the possibility of enforcing arbitral awards, and the problems of their enforcement in a limited legal and economic environment. The main focus is on how arbitration institutions in Ukraine, in particular the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, are adapting to the new realities. The author also considers the issue of enforceability of arbitral awards in the light of military operations, sanctions, economic restrictions, and challenges for the Ukrainian legal system. The challenges related to the organization of the arbitration process, such as logistical difficulties, limited access to resources and documents, as well as the application of sanctions against the parties to the dispute, are explored. Special emphasis is placed on the possibilities of conducting arbitration hearings in a remote format and the use of modern technologies to ensure the continuity of the process under martial law. The article also examines the prospects for adapting arbitration to the new realities, including the possibility of filing claims for compensation for damages caused by military operations. The study analyses the prospects for the development of international arbitration in Ukraine, including the use of digital technologies, online hearings, and adaptation of the arbitration process to the challenges of wartime. Particular attention is paid to the opportunities for Ukrainian entrepreneurs to protect their rights through arbitration in international disputes, including the issue of compensation for damages caused by military actions.
The article is devoted to the historical-legal issues of research the systematization of the Ukrainian people's customary law. It was found that the systematization of customary law is a type of systematization of law and can be carried out both by incorporation and codification. Legal customs were recorded and placed in a collection in case of their incorporation. Instead, during codification, customary norms were adapted to the requirements of the form, structure and content of the legislative text. In contrast to simple written fixation, in the course of codification, the legislator had the opportunity to change, narrow or supplement the content of the norm of customary law. Customary law as a codification material played an important role in the process of formation legislation on Ukrainian lands. Norms of customary origin are present both in monuments of Ukrainian law and in low-known acts of local authorities. Based on the existing legal customs in society, the legislators intended to create a law that corresponded to the reality of that time. By studying the texts of ancient laws, there is an opportunity to discover the content of legal customs that were in effect before their adoption. On the other hand, the identification of provisions of the law, which have a customary origin, with legal customs is incorrect and does not correspond to the nature of this phenomenon. Legal customs, which were codified, were transformed into legislative prescriptions. The historical-legal research of the systematization of Ukrainian customary law has a number of problems. First, it is difficult to determine in which case the transformation of a norm of customary law into a provision of the law took place, and in which case - a record in the law book. After all, in ancient times, laws often resembled such law books or were de facto them, had a casuistic and fragmentary character. Secondly, it is sometimes impossible to prove that the corresponding provision of the legislation had a customary origin. Even if this is possible, there are difficulties in proving that this is a norm of the customary law of the Ukrainian people, and not of another nation. As we know, the legal customs of neighboring (and sometimes distant) peoples are often similar or even identical.
This article argues for the need to enshrine restorative and compensatory measures in the criminal law of Ukraine. The authors analyze international normative acts, in particular the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985; the European Convention on the Compensation of Victims of Violent Crimes, 1983; Recommendation R (85) 11 of the Committee of Ministers of the Council of Europe to Member States on the position of the victim in criminal law and criminal procedure, 1985; Recommendation Rec (2006) 8 of the Committee of Ministers of the Council of Europe to Member States on assistance to victims of crime, 2006, which establishes certain obligations of States to enshrine restitution and compensation in national laws. The article identifies the insufficiency of legislative consolidation of restitution (compensation) for damage caused by a criminal offense in the criminal procedure and civil legislation of Ukraine. The article analyzes the historical legal acts in force in our country which provided for measures aimed at ensuring the interests of victims of criminal offenses, and proves that with the accession to the Russian Empire, the positive achievements in criminal law related to the attempts to enshrine restitution and compensation measures at the legislative level were lost. At the same time, the author uses the example of the criminal law of Poland to prove that the States which had a common history with ours and the same origins of legislation formation continued the traditions of rule-making in a given criminal law area, and therefore the system of criminal law measures in Poland includes measures of a compensatory nature. The article focuses on the analysis of the provisions of the draft Criminal Code of Ukraine regulating restitution and compensation, identifies certain shortcomings and suggests some ways to address them.
The article is devoted to considering the multifaceted approaches to the concept of the source base of criminal law policy, as well as its components, in particular, international treaties. The characteristics of the main approach to understanding the sources of criminal law policy are disclosed, in which the types of sources that are collectively the sources of criminal law policy are listed. It is indicated that the following stand out: the Constitution of Ukraine; Laws of Ukraine (primarily, the Criminal Code of Ukraine and other laws); subordinate legal acts, if they determine the conceptual approaches of the criminal law policy, or specific measures for its implementation; judicial precedent (Decisions of the ECHR regarding Ukraine, as well as decisions that contain the established legal position of the ECHR; Decisions of the Constitutional Court of Ukraine; Resolutions of the Plenum of the Supreme Court of Ukraine when they determine the general principles, directions and limits of application of substantive criminal law and when determining specific directions and limits of application criminal law, which defines responsibility for specific types of criminal acts; legal positions of the Supreme Court); International treaties ratified by Ukraine, which in one way or another affect the national criminal legislation. When characterizing international treaties as sources of criminal law policy, attention is focused on the fact that they can be conditionally divided into three groups: - those that define conceptual approaches to combating crime in general; - those that determine the grounds and limits of criminal liability for the commission of relevant types of crimes and require the issuance of national normative legal acts for their implementation; - those that determine the grounds and limits of criminal liability for the commission of relevant types of crimes and act directly.
The article examines certain shortcomings of the current Code of Ukraine on administrative offenses in comparison with the provisions of the new administrative code. The examples show individual shortcomings of the new regulatory regulation. The author of the article also notes that in recent years, Ukraine has implemented the largest regulatory and legal measures to modernize administrative and tort legislation._The unstoppable increase in the number of registered administrative offenses makes us think again about the lagging of the law-making process from the real needs of society. The article singles out some aspects of improving the legislation on administrative offenses and the administrative- delict process, specifying the concept and legal meaning of the norm on administrative responsibility, rethinking some scientific dogmas, leading scientists to the need to clarify the concepts that constitute the essence of legal regulation of relations in the field of administrative responsibility: administrative- delict relations, administrative-delict law, norm of administrative-delict law for further regulation of legal relations in the sphere of administrative liability. On the basis of rethinking the views established in science about administrative responsibility as one of the institutes of administrative law, the author substantiates the conclusion that the norms regulating the issue of this type of legal responsibility form an independent branch of Ukrainian law - administrative tort law. Administrative-delict law carries out material-legal regulation of administrative liability. The opinion of academics is also noted, who note that the Code of Criminal Procedure in its current state is outdated in many respects and requires a radical adjustment on a new conceptual and doctrinal basis. The set of its constituent norms has its own subject, method of legal regulation, separate organization of regulatory material on administrative offenses. Modern administrative and tort law is characterized by integration with criminal law, which allows more effective use of their powers in the prevention of offenses.
Il fenomeno “piattaforme” unisce il “nuovo” all’“antico”, imponendo al giurista riflessioni riguardanti tanto il pianeta dei media tradizionali quanto le dirompenti innovazioni introdotte dal digitale e dall’impiego sempre più diffuso dell’A.I. generativa. Il contributo si propone di censire i problemi di tutela della libertà di parola posti dal nuovo modo interattivo di comunicare, indagando, in particolare, l’estensione dei poteri di content moderation accordati alle piattaforme. Quali ragionevoli limiti (contrattuali, autodisciplinari, da coregolazione) alla libertà di manifestazione del pensiero dell’utente? Quando la comunicazione “non cartacea” è equiparabile alla “stampa” ex art. 21 Cost.? E quali i possibili rimedi contro fake news e comunicazioni improprie, nel rispetto della libertà di espressione? Analoghe questioni sono affrontate, poi, anche con riferimento al fenomeno ChatGPT, in relazione al quale ci si domanda se e quando le comunicazioni robotiche possano essere ricondotte, sotto il profilo delle tutele ad esse accordabili, a “manifestazioni del pensiero”, ovvero a erogazioni di servizio informativo (ovvero a comunicazioni interpersonali ex art. 15 Cost.).
The phenomenon of “platforms” unites the “new” with the “old”, imposing on the jurist reflections concerning both the planet of traditional media and the disruptive innovations introduced by digital and the increasingly widespread use of generative A.I. The contribution proposes to survey the problems of protecting freedom of speech posed by the new interactive way of communicating, investigating, in particular, the extension of the powers of content moderation granted to platforms. What are reasonable limits (contractual, self-regulatory, co-regulatory) to the user's freedom of manifestation of thought? When can “non-print” communication be equated with the “press” under Article 21 of the Italian Constitution? And what are the possible remedies against fake news and improper communications, while respecting freedom of expression? Similar issues are also addressed, then, with reference to the ChatGPT phenomenon, in relation to which the question arises as to whether and when robotic communications can be traced, from the standpoint of the protections accorded to them, to “manifestations of thought” or to information service disbursements (or to interpersonal communications under Article 15 of the Italian Constitution).
The article is devoted to the study of the areas of legal work in public authorities on the
example of the State Tax Service. The article proposes to divide legal work into two main components:
work related to support of court cases and work not related to court work. The author notes that the
concepts of "function" and "area of work" are similar in content, but "area of work" is a narrower
concept and is part of the function which is broader in content. As a result of the analysis of the areas
of legal work, it is established that such areas are directly based on certain priority principles, which
are also proposed for consideration. Research by practitioners and scholars suggests that the area of legal work related to compliance with the law actually gives legal departments a control and
supervisory function over other structural units of public authorities, since compliance with the law is
the key to reducing complaints and lawsuits.
As a result of the analysis of the developments of national scholars, it is found that the
information resource is influential for legal work, its directions and prompt adoption of lawful and
reasonable decisions, and the process of transition from paper to electronic document flow only
contributes to the improvement of the organization of work of a public authority. The proposed work,
in the context of the areas of legal work, contains definitions and understanding of such terms as:
lawmaking activity; law enforcement activity; law application activity; control and supervision activity;
constituent activity; preventive activity. The analysis of the activities of legal departments in public
authorities leads to the conclusion that the areas of work under consideration relate not only to legal
departments, but also to other structural units of a public authority.
Charles J. Law, Felipe Alarcón, L. Ilsedore Cleeves
et al.
The central star and its energetic radiation fields play a vital role in setting the vertical and radial chemical structure of planet-forming disks. We present observations that, for the first time, clearly reveal the UV-irradiated surface of a protoplanetary disk. Specifically, we spatially resolve the atomic-to-molecular (C I-to-CO) transition in the IM Lup disk with ALMA archival observations of [C I] $^3$P$_1$-$^3$P$_0$. We derive a C I emitting height of z/r $\gtrsim$ 0.5 with emission detected out to a radius of ${\approx}$600 au. Compared to other systems with C I heights inferred from unresolved observations or models, the C I layer in the IM Lup disk is at scale heights almost double that of other disks, confirming its highly flared nature. C I arises from a narrow, optically-thin layer that is substantially more elevated than that of $^{12}$CO (z/r $\approx$ 0.3-0.4), which allows us to directly constrain the physical gas conditions across the C I-to-CO transition zone. We also compute a radially-resolved C I column density profile and find a disk-averaged C I column density of 2$\times10^{16}$ cm$^{-2}$, which is ${\approx}$3-20$\times$ lower than that of other disks with spatially-resolved C I detections. We do not find evidence for vertical substructures or spatially-localized deviations in C I due, e.g., to either an embedded giant planet or a photoevaporative wind that have been proposed in the IM Lup disk, but emphasize that deeper observations are required for robust constraints.
The article is devoted to the philosophical and legal problems of the natural and legal regulation of social relations during the war as the most acute period of social and legal anomie, when a number of norms of society's existence are devalued and no longer in effect, the system of values and social norms is disintegrating. In the crisis-transitional period of the development of society, positive law (written norms of the state) loses its regulatory power due to certain circumstances: a change in the form of the state system, the rule of the regime; hostilities, political crisis, etc. It is under such conditions that people's life activities are regulated by the unwritten norms of natural law. It has been found that social, religious, and cultural organizations contribute to the maximum implementation and observance of human rights during wartime, which not only support the moral and spiritual sphere of human existence, but can also, through their representatives, identify persons who need legal assistance in a critical period and to help law enforcement agencies in preventing manifestations of illegal behavior of citizens. It is emphasized that active military actions are the reason that the life of society is disturbed within the positive legal field of the state and, as a rule, citizens feel the need for a deeper, closer relationship between man, the state and the law, namely for active involvement in the process of legal regulation norms of natural law, morality, customs. As for the manifestation of natural and legal properties of a person, they are enshrined in human rights, where the complementarity of law and morality occurs in connection with the reproduction and protection of universally significant values of civilized human activity and communication. It is noted that on the basis of the norms of natural law, human behavior is «retained» within legitimate value orientations, because such tragic periods provoke illegal, deviant, conformist, etc. behavior, which with its antisocial characteristics can provoke a person to criminal behavior. Anomic states of social development encourage a person to actively synthesize valuable manifestations of legal, social and moral consciousness, with the aim of legitimate self-realization and prevention of misconduct.
Digital platforms have become significant for the operation of the global economy, as they bring numerous benefits for consumers and undertakings, but the widespread use of most favored nation (MFN) clauses in e-commerce poses important challenges for policymakers. Ordinarily, such clauses have been implemented in traditional industries; however, the economic dynamics of e-commerce have made these clauses a cornerstone for digital platforms, as they enable platforms to adhere to competitive price guarantees. Unlike traditional MFN clauses, platform MFN clauses, which include restrictions on consumer purchase price, have a significant restrictive impact on the market and are often the subject of complaints from commercial users, such as retailers, restaurants, and hotels. Thus, platform MFN clauses have been the subject of scrutiny by competition authorities in recent years, and under some conditions, these clauses have been found problematic. MFN clauses are examined under narrow and wide headings, and primarily wide MFN clauses (depending on the existence of market power) are prohibited. Nevertheless, narrow MFN clauses are considered legal; however, under certain conditions, narrow MFN clauses may also harm the competitive environment in the market. This is particularly the case for scenarios of high market power of the platform for which the narrow MFN clause is accepted, and the direct channel serves as an important alternative for consumers. This study aims to examine the conditions under which such clauses can pose competition law risks and to distinguish scenarios in which the competition law interference of narrow MFN clauses is likely.
Networks are essential models in many applications such as information technology, chemistry, power systems, transportation, neuroscience, and social sciences. In light of such broad applicability, a general theory of dynamical systems on networks may capture shared concepts, and provide a setting for deriving abstract properties. To this end, we develop a calculus for networks modeled as abstract metric spaces and derive an analog of Kirchhoff's first law for hyperbolic conservation laws. In dynamical systems on networks, Kirchhoff's first law connects the study of abstract global objects, and that of a computationally-beneficial edgewise-Euclidean perspective by stating its equivalence. In particular, our results show that hyperbolic conservation laws on networks can be stated without explicit Kirchhoff-type boundary conditions.
In this paper we develop generalised proofs of the holographic first law of entanglement entropy using holographic renormalisation. These proofs establish the holographic first law for non-normalizable variations of the bulk metric, hence relaxing the boundary conditions imposed on variations in earlier works. Boundary and counterterm contributions to conserved charges computed via covariant phase space analysis have been explored previously. Here we discuss in detail how counterterm contributions are treated in the covariant phase approach to proving the first law. Our methodology would be applicable to generalizing other holographic information analyses to wider classes of gravitational backgrounds.
More than one billion data sampled with different frequencies from several financial instruments were investigated with the aim of testing whether they involve power law. As a result, a known power law with the power exponent around -4 was detected in the empirical distributions of the relative returns. Moreover, a number of new power law behaviors with various power exponents were explored in the same data. Further on, a model based on finite sums over numerous Maxwell-Boltzmann type distribution functions with random (pseudorandom) multipliers in the exponent were proposed to deal with the empirical distributions involving power laws. The results indicate that the proposed model may be universal.
This article explores the wellbeing of law students. In Australia, empirical research has consistently indicated that law students experience elevated levels of psychological distress. Christine Parker has critiqued wellbeing scholarship, questioning empirical research methodologies, reporting style and data analysis. She contends that wellbeing scholars are facilitating a 'moral panic'. Her concern is that wellbeing is being individualised to the extent that important social, political and economic problems are being ignored. Consequently, she proposes that traditional legal ethics discourse, and the concept of 'sociological imagination', offer potential as universal wellbeing interventions.
This article contends that Parker has misinterpreted the position of wellbeing scholars. It argues that wellbeing scholars operate according to a more complex conceptual framework than she suggests. It proposes that Parker’s exploration of the empirical evidence is incomplete, and that her criticism of the research methodologies is unjustified. It suggests that theories regarding the cause of law student psychological distress are most potent when regarded as additive. It proposes that both wellbeing scholars and legal ethics scholars should explicitly promote a conception of a lawyer who is both psychologically healthy and supported by a community directed towards a meaningful public purpose.
Law in general. Comparative and uniform law. Jurisprudence
Asha Shabani Ripanda, Bajarang Bal Lal Srivastava, Said Hamad Vuai
et al.
Trends of continual drug use while under treatment have been reported worldwide. This paper assesses opioid use among patients receiving treatment in a methadone clinic for opioid addiction. A total of 126 urine samples were analyzed using LC–MS/FTMS. About 16% of patients were found to have a high prevalence level of opioids use. Prevalence level was significantly associated with the duration of treatment (p = 0.0121) and age (p = 0.0328). About 125/126 patients were found to have remnants of opioids of abuse. Therefore, measures should be taken to overcome continual use of opioids among clients. Keywords: LC–MS/FTMS, Novel psychoactive substances, Duration of treatment, Prescription opioids, Agonist, Continual use
The magnetic compression experiment at General Fusion was a repetitive non-destructive test to study plasma physics to Magnetic Target Fusion compression. A compact torus (CT) is formed with a co-axial gun into a containment region with an hour-glass shaped inner flux conserver, and an insulating outer wall. External coil currents keep the CT off the outer wall (radial levitation) and then rapidly compress it inwards. The optimal external coil configuration greatly improved both the levitated CT lifetime and the rate of shots with good flux conservation during compression. As confirmed by spectrometer data, the improved levitation field profile reduced plasma impurity levels by suppressing the interaction between plasma and the insulating outer wall during the formation process. Significant increases in magnetic field, density, and ion temperature were routinely observed at magnetic compression despite the prevalence of an instability, thought be an external kink, at compression. Matching the decay rate of the levitation coil currents to that of the internal CT currents resulted in a reduced level of MHD activity associated with unintentional compression by the levitation field, and a higher probability of long-lived CTs. An axisymmetric finite element MHD code that conserves system energy, particle count, angular momentum, and toroidal flux, was developed to study CT formation into a levitation field and magnetic compression. An overview of the principal experimental observations, and comparisons between simulated and experimental diagnostics are presented.