Hasil untuk "Civil law"

Alina Georgiana Profiroiu, Ionuț Ciprian Negoiță, Vladimir Adrian Costea et al.

<p>This article aims to investigate the jurisprudence of the Constitutional Court regarding the public administration reform in Romania. We take into consideration the motivation of the public authorities involved in the law-making process, as well as the interpretation of the judges of the Constitutional Court concerning the legislative steps regarding the adoption of an Administrative Code, decentralization, the transfer of competences, the status of civil servants, and finally the legal regime of the newly established or reorganized institutions/authorities.<br />The study also evaluates the steps to reform the public administration concerning the observance of the principles of constitutional loyalty, the separation of powers, the supremacy of the Constitution, and the role of the Parliament.</p>

Wojciech Lis

Funkcjonowanie społeczeństwa w ramach organizacji państwowej wiąże się z wieloma obowiązkami i ograniczeniami, które są konsekwencją uwzględniania przez władze publiczne różnych wartości. Należą do nich: zapewnienie ochrony własności prywatnej, której przedmiotem są obiekty zabytkowe, bezpieczeństwo fizyczne wszystkich, którzy przebywają na terytorium państwa, oraz strzeżenie dziedzictwa narodowego, którego częścią są zabytki nieruchome. Nie zawsze zabytki te są odpowiednio zabezpieczone przed zniszczeniem lub uszkodzeniem, co stanowi zagrożenie dla bezpieczeństwa ludzi i dla bezpieczeństwa kulturowego. Wzgląd na ochronę tych wartości uzasadnia wkroczenie państwa w prawo własności w przypadku zagrożenia zabytków nieruchomych zniszczeniem lub uszkodzeniem, czemu służy instytucja wykonania zastępczego. Celem artykułu jest próba udzielenia odpowiedzi na pytanie, czy przeprowadzenie niezbędnych prac konserwatorskich i robót budowlanych w ramach wykonania zastępczego jest skutecznym środkiem ochrony zabytków nieruchomych w kontekście obowiązku zapewnienia przez państwo bezpieczeństwa obywateli i strzeżenia dziedzictwa narodowego.

Alexandra Löwy, Karin Raková, Paweł Lewandowski

The disappearance of a natural person, especially when he or she is also a sole proprietor of a business, causes legal problems. Such situations are not directly regulated by legal acts, i.e., the legislators do not refer to the impact and consequences of the disappearance on the performed business activity. Meanwhile, the fact that a sole proprietor goes missing may have a negative impact on his or her situation, including the content of the obligations binding on him or her. This paper discusses how the relatives, in particular the spouse of the missing person, may behave in such circumstances. The considerations carried out concern Polish law and Slovak law, as there is no specific regulation of the declaration of missing person who is a sole proprietor introduced on the model of foreign regulations, the article places emphasis on the comparison of both selected regulations. The conclusion indicated that until the missing person is recognised as dead, family members or other relatives do not have any competence to take any action on behalf of the missing sole proprietorship circumstances, other entities may operate, i.e., attorney-in-fact, proxy, according to Polish law custodian established pursuant to Art. 184 of the Family Code, the custodian established pursuant to Art. 144 of the Code of Contentious Civil Procedure, or prosecutor. Similarly, under the Slovak law, until the missing person is declared dead, a guardian, or a representative appointed by the court pursuant to Section 68 of the Civil Procedure Code, acts for such person.

Gil Goffer, Be'eri Greenfeld, Alexander Yu. Olshanskii

We construct novel examples of finitely generated groups that exhibit seemingly-contradicting probabilistic behaviors with respect to Burnside laws. We construct a finitely generated group that satisfies a Burnside law, namely a law of the form $x^n=1$, with limit probability 1 with respect to uniform measures on balls in its Cayley graph and under every lazy non-degenerate random walk, while containing a free subgroup. We show that the limit probability of satisfying a Burnside law is highly sensitive to the choice of generating set, by providing a group for which this probability is $0$ for one generating set and $1$ for another. Furthermore, we construct groups that satisfy Burnside laws of two co-prime exponents with probability 1. Finally, we present a finitely generated group for which every real number in the interval $[0,1]$ appears as a partial limit of the probability sequence of Burnside law satisfaction, both for uniform measures on Cayley balls and for random walks. Our results resolve several open questions posed by Amir, Blachar, Gerasimova, and Kozma. The techniques employed in this work draw upon geometric analysis of relations in groups, information-theoretic coding theory on groups, and combinatorial and probabilistic methods.

Shangda Yang, Vitaly Zankin, Maximilian Balandat et al.

We leverage multilevel Monte Carlo (MLMC) to improve the performance of multi-step look-ahead Bayesian optimization (BO) methods that involve nested expectations and maximizations. Often these expectations must be computed by Monte Carlo (MC). The complexity rate of naive MC degrades for nested operations, whereas MLMC is capable of achieving the canonical MC convergence rate for this type of problem, independently of dimension and without any smoothness assumptions. Our theoretical study focuses on the approximation improvements for twoand three-step look-ahead acquisition functions, but, as we discuss, the approach is generalizable in various ways, including beyond the context of BO. Our findings are verified numerically and the benefits of MLMC for BO are illustrated on several benchmark examples. Code is available at https://github.com/Shangda-Yang/MLMCBO .

A. V. Shcherbina

Introduction. The article analyzes the current possibilities of diagnosing the society of wartime, based on the subject content and methods of sociology, as a non-trivial task for sociologists-teachers of higher education.Methodology and sources. The theoretical sources of the research were the works of classics of sociology (O. Comte, K. Marx, E. Fromm, K. Manheim) and modern Russian sociologists (M.K. Gorshkov, S.A. Kravchenko, J.T. Toschenko, V.Y. Fetisov), who defined the tasks of sociological diagnostics. The "Diagnosis of Our Time" by K. Manheim is analyzed as a historical example of their formulation. The empirical base was made up of official documents of the Russian Federation, the results of VTSIOM surveys, materials of public discussions in the Russian media, expert assessments and examples of analysis of the dynamics of civil society in the conditions of SVO. The methodology of socio-cultural analysis, social constructivism, typological method is used as a specific research strategy that allows to formulate complex value judgments.Results and discussion. Based on the experience of K. Manheim, the article discusses the current possibilities of sociological diagnostics based on the essential characteristics of society. In contrast to technocratic approaches, it is argued that sociological rationalism is not reduced to scientific and experimental. He includes the problems of natural law as his methodological principle in the analysis of social dynamics. On this basis, the tasks of sociological diagnostics are formulated: the study of the assessment process as a factor of social change reproducing the “crisis of assessments”. Its mechanisms are considered, – transfer, transformation, replacement with non–traditional equivalents, creation of new values, and ways of justification, – utilitarian justification, faith in the leader, class, racial and ethnic community. It is shown that a holistic understanding of shifts in the evaluation system is achieved by constructing ideal-typical concepts based on the axiological consciousness of the researcher. A research strategy of sociological diagnostics is outlined: collecting samples, models of self-determination in wartime conditions and their public discourse. The practical application of sociological knowledge is associated with the creation of value-probabilistic scenarios for the development of society as incentives for socio-economic and political transformations. Conclusion. The sociological diagnosis of wartime society requires the construction of conceptual ideas that collect images of the future that meet the priorities of security, personal freedoms and innovation. The idea of a “gathering”, ideally a conciliar democracy, seems very promising.

Nina Maksimović Sekulić

With the rapid development of information and communication technologies in the EU, the establishment of the digital single market through the EU’s strategy has allowed for fair market competition using the internet by both individuals (natural persons) and legal entities. However, regulatory disparities among EU member states have posed challenges for businesses engaged in cross-border activities within the EU’s single market. There are big differences among member states in terms of the availability of internet tools that enable entrepreneurs and companies to communicate with competent bodies regarding issues related to their business. Furthermore, e-government services differ among member states. Some member states offer comprehensive userfriendly services entirely online, while others struggle to provide digital solutions at crucial stages of a company’s life cycle. In certain EU member states, the establishment of a company or the submission of document and information amendments to the register are only allowed in person, or in person or electronically, while in some member states this can only be done electronically. Digitalization was supposed to simplify the procedures for establishing business entities and enable free business establishment at the EU level. The aim of this paper is to analyze the legislative framework at the EU level, which should facilitate business operations in the digitalworld and provide security to participants in the European single market, with a special focus on EU Directive 2019/1151.

Kim Chol-jun

We checked that the distribution of words in text should uniform, which gives Heaps' law as natural result, that is, the number of types of words can be expressed as a power law of the number of tokens within text. We developed a ``superposition'' model, which leads to an asymptotic power-law distribution of the number of occurrences (or frequency) of words, that is, Zipf's law. The model is well consistent with observations.

Ariel González Levaggi, Luisa Feline Freier

By April 2021, Venezuela’s multidimensional crisis had led over 5.6 million of the country’s citizens to emigrate, mostly across South America. This chapter offers a comparative analysis of national policy responses to Venezuelan immigration in Argentina and Peru from a development perspective in the period 2015‒2020. Although the government of each country recognised the potential of disproportionate numbers of highly skilled Venezuelan immigrants, Argentina has been more successful than Peru in offering them legal pathways to immigration and incorporating them into the formal labour market. Our key argument is that Argentina has been able to foster the integration of Venezuelans—in terms of granting regular status, validating academic and professional degrees and providing access to basic social services—for three reasons: first, the lower overall numbers and higher socio-economic characteristics of the migrants; second, Argentina’s progressive legislative immigration framework; and third, the prominent role of civil society actors lobbying for immigrants and pushing for more inclusive public policies. In the case of Peru, the rapid increase in numbers of immigrants has led to a surge in xenophobic public opinion, which has generated pressure to implement non-inclusive policies. The country’s new immigration law lacks institutional consolidation, and there is no strong civil society to act as a counterweight to restrictive policy developments. The chapter contributes to the literature on the migration–development nexus, pointing out the importance of state capacity and civil society when thinking about migration and development in the global South.

ali Mashhadi, . ranagaini . ranagaini

According to article 98 of the Civil Service Management Act of Iran, “the acceptance of foreign citizenship” by staff and executives provided that the Ministry of Foreign Affairs confirmation, will result in termination of their public service. Acceptance of citizenship of a foreign country while preserving national citizenship leads to the so-called dual citizenship. Despite the many domestic and international efforts to prevent the state of dual citizenship, there are sometimes people who are "stateless" or have "dual citizenship". In recent years, many legal arguments have been raised about the dual nationality of Iranian political authorities. In this paper, some legal dimensions of this issue have been analyzed and evaluated from the perspective of public law teachings. The basic premise of this article is based on the assumption that the mere existence of two nationalities cannot be undesirable in law, but in the case of the political dual nationality authorities, the legislator must be cautious in setting up employment regulations.

Joyceane Bezerra de Menezes, Ana Beatriz Lima Pimentel, Ana Paola de Castro e Lins

Nessa pesquisa foi feita análise do significado dos termos maternidade e maternagem, com o fim de relacioná-los ao papel de quem exerce o cuidado nas relações familiares, notadamente a figura feminina. Objetiva-se, com a presente pesquisa, responder à seguinte questão: Qual proteção, afinal, a sociedade oferece a quem decide ter filhos ou é levado ao exercício da maternagem por circunstâncias diversas? Como instrumentos de metodologia, fez-se uso de levantamento e revisão bibliográfica, assim como análise de julgados e casos concretos de repercussão nacional. Concluiu-se que o exercício da maternagem nem sempre está associado à maternidade e que a sua titularidade, em geral feminina, permanece em substancial desamparo jurídico.

Kaiyi Du, Yong Shi, Zhi-Yu Zhang et al.

We investigate the extended-Schmidt (ES) law in volume densities ($ρ_{\rm SFR}$ $\propto$ $(ρ_{\rm gas}ρ_{\rm star}^{0.5})^{α^{\rm VES}}$) for spatially-resolved regions in spiral, dwarf, and ultra-diffuse galaxies (UDGs), and compare to the volumetric Kennicutt-Schmidt (KS) law ($ρ_{\rm SFR}$ $\propto$ $ρ_{\rm gas}^{α^{\rm VKS}}$). We first characterize these star formation laws in individual galaxies using a sample of 11 spirals, finding median slopes $α^{\rm VES}$=0.98 and $α^{\rm VKS}$=1.42, with a galaxy-to-galaxy rms fluctuation that is substantially smaller for the volumetric ES law (0.18 vs 0.41). By combining all regions in spirals with those in additional 13 dwarfs and one UDG into one single dataset, it is found that the rms scatter of the volumetric ES law at given x-axis is 0.25 dex, also smaller than that of the volumetric KS law (0.34 dex). At the extremely low gas density regime as offered by the UDG, the volumetric KS law breaks down but the volumetric ES law still holds. On the other hand, as compared to the surface density ES law, the volumetric ES law instead has a slightly larger rms scatter, consistent with the scenario that the ES law has an intrinsic slope of $α^{\rm VES} \equiv$1 but the additional observational error of the scale height increases the uncertainty of the volume density. The unity slope of the ES law implies that the star formation efficiency (=$ρ_{\rm SFR}$/$ρ_{\rm gas}$) is regulated by the quantity that is related to the $ρ_{\rm star}^{0.5}$.

M. Suksi

Various due process provisions designed for use by civil servants in administrative decision-making may become redundant when automated decision-making is taken into use in public administration. Problems with mechanisms of good government, responsibility and liability for automated decisions and the rule of law require attention of the law-maker in adapting legal provisions to this new form of decision-making. Although the general data protection regulation of the European Union is important in acknowledging automated decision-making, most of the legal safeguards within administrative due process have to be provided for by the national law-maker. It is suggested that all countries have a need to review their rules of administrative due process with a view to bringing them up to date regarding the requirements of automated decision-making. In whichever way the legislation is framed, the key issues are that persons who develop the algorithm and the code as well as persons who run or deal with the software within public authorities are aware of the preventive safeguards of legality in the context of automated decision-making, not only of the reactive safeguards constituted by the complaint procedures, and that legal mechanisms exist under which these persons can be held accountable and liable for decisions produced by automated decision-making. It is also argued that only rule-based systems of automatized decision-making are compatible with the rule of law and that there is a general interest in preventing a development into a rule of algorithm.

Dayanis María Rodríguez Hernández, Lorenzo Palmero Martín, Kirenia González Bello et al.

La investigación titulada: Regulación jurídica del secreto empresarial en el ordenamiento jurídico cubano, abarca un análisis doctrinal del secreto empresarial como institución jurídica. El secreto empresarial constituye una institución legal de gran relevancia en la medida que impulsa el desarrollo de la industria y los negocios mediante la protección de las informaciones y conocimientos que no resultan accesibles al público y constituyen un resultado ventajoso en el mercado. El marcado valor de índole económico-comercial que trasluce el secreto empresarial, forja la implementación de medidas su protección legal. Pese a las transformaciones realizadas en Cuba en materia de Propiedad Intelectual, aún se observan insuficiencias en cuanto a la regulación jurídica del secreto empresarial que merecen especial atención. La implementación de una normativa que regule sustantivamente la institución con remisión a normas desarrolladoras, constituye una necesidad en cuanto a la protección de los empresarios y sus intereses. El tema en cuestión posee gran importancia en el proceso de actualización del modelo económico cubano, así como la protección de los derechos dentro de la industria nacional. Atendiendo a ello se traza como objetivo general: Fundamentar la necesidad de la adecuada regulación del secreto empresarial en el ordenamiento jurídico cubano.

Ilaria Perissi, Ugo Bardi

Carlo Cipolla's stupidity quadrant and his five laws of stupidity were proposed for the first time in 1976. Exposed in a humorous mood by the author, these concepts nevertheless describe very serious features of the interactions among human beings. Here, we propose a new interpretation of Cipolla's ideas in a biophysical framework, using the well-known predator-prey or "Lotka-Volterra" model. We find that there is indeed a correspondence between Cipolla's approach, based on economics, and biophysical economics. On the basis of this examination, we propose a sixth law of stupidity, additional to the five proposed by Cipolla. The law states that humans are the stupidest species in the ecosystem.

A. Bradford, Yun-chien Chang, Adam Chilton et al.

There is a large body of research in economics and law suggesting that the legal origin of a country—that is, whether its legal regime is based on English common law or French, German, or Nordic civil law—profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country data sets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have similar property regimes but does little to predict whether countries have similar antitrust regimes. Our results suggest that legal origin may be an important predictor of legal substance in well-established legal regimes but does little to explain substantive variation in more recent areas of law.

Nicole D. Agaronnik, Elizabeth Pendo, E. Campbell et al.

Disability civil rights laws require equitable treatment of the approximately sixty-one million Americans with disability. However, federal reports and numerous research studies indicate that this diverse and growing population often experiences health care disparities. To examine one possible contributing factor, we interviewed practicing physicians to explore their knowledge of their obligations to accommodate patients with disability under federal civil rights law. Interviewees reported having had little formal training about, and demonstrated superficial or incorrect understanding of, their obligations in three potentially problematic areas: deciding which accommodations their practices should implement, refusing patients with disability, and holding patients accountable for costs of accommodations. The fact that practicing physicians might not fully understand their legal responsibilities when caring for people with disability may contribute to persisting inequity in their care, and it suggests that further education in the Americans with Disabilities Act and other disability civil rights laws may be warranted.

E. V. Vaske, F. S. Safuanov, T. N. Sekerazh

The article analyses errors when appointing and conducting a forensic examination of disputes related to children’s upbringing. When summarizing expert practice in this category of civil cases (based on the study of 97 expert opinions on forensic psychological examination), the most significant errors were identified: incorrect determination of the type of expertise (including the appointment of psychological and pedagogical expertise which does not have a methodological basis as forensic examination), non-compliance with the qualification requirements to a forensic expert and, as a result, the introduction of an improper subject of forensic expert activity into the judicial process, an expert’s going beyond the limits of specialized knowledge and procedural powers, the incompleteness of research, the use of invalid research methods and techniques, and other methodological violations, associated with the incorrect assessment of the results of psychological diagnostics, inaccurate phenomenological analysis of essential phenomena of child-parent relations.Considering that due to the facts to be proved are essential for deciding on a case, the expert’s opinion is of particular importance and can significantly affect the formation of the court’s inner conviction, which means that expert errors significantly increase the risk of judicial errors. The article substantiates the urgent necessity of the early enactment of a legal act regulating experts’ responsibility for the level of their qualifications and setting professional requirements to experts.

Jesús Rodrigo-Comino, Manuel López-Vicente, Vinod Kumar et al.

Transdisciplinary approaches that provide holistic views are essential to properly understand soil processes and the importance of soil to society and will be crucial in the future to integrate distinct disciplines into soil studies. A myriad of challenges faces soil science at the beginning of the 2020s. The main aim of this overview is to assess past achievements and current challenges regarding soil threats such as erosion and soil contamination related to different United Nations sustainable development goals (SDGs) including (1) sustainable food production, (2) ensure healthy lives and reduce environmental risks (SDG3), (3) ensure water availability (SDG6), and (4) enhanced soil carbon sequestration because of climate change (SDG13). Twenty experts from different disciplines related to soil sciences offer perspectives on important research directions. Special attention must be paid to some concerns such as (1) effective soil conservation strategies; (2) new computational technologies, models, and in situ measurements that will bring new insights to in-soil process at spatiotemporal scales, their relationships, dynamics, and thresholds; (3) impacts of human activities, wildfires, and climate change on soil microorganisms and thereby on biogeochemical cycles and water relationships; (4) microplastics as a new potential pollutant; (5) the development of green technologies for soil rehabilitation; and (6) the reduction of greenhouse gas emissions by simultaneous soil carbon sequestration and reduction in nitrous oxide emission. Manuscripts on topics such as these are particularly welcomed in Air, Soil and Water Research .

Aizheng Yang, Saqib Saleem Akhtar, Lin Li et al.

Abiotic stresses such as drought and salinity constantly threaten food security. Biochar as a soil amendment has the potential to ameliorate soil and alleviate drought and salinity stress. Multiple studies have been conducted to evaluate the effect of biochar in alleviating independent drought or salinity stress. However, the potential of biochar in mitigating the combined drought and salinity stress on plants has not been studied so far. Therefore, a pot experiment was conducted in the climate-controlled chamber with the objective to investigate the effect of biochar on growth, physiology, and yield of quinoa under independent and combined drought and salinity stress. Quinoa plants were subjected to three irrigation treatments i.e., full irrigation (FI), deficit irrigation (DI), and alternate root-zone drying irrigation (ARD), two saline water treatments (0 and 400 mM) and two levels of biochar (0% and 5% by weight). In the FI treatment, plants were irrigated daily to maintain pot water-holding capacity. In limited irrigation treatments, 70% water of FI was applied either to the whole pot in DI or to one side of the pot alternating in ARD, respectively. The results showed that combined drought and salinity stress drastically affected growth and performance of quinoa compared to the independent drought or salinity stress. However, soil amendment with biochar had positive effect in mitigating both independent and combined effect of drought and salinity on quinoa plants. Furthermore, biochar amendment in ARD under salinity significantly enhanced plant height, shoot biomass, and grain by 11.7%, 18.8%, and 10.2% as compared with DI under salinity, respectively. In addition, leaf photosynthetic rate (A_n) and stomatal conductance (g_s) decreased under limited saline irrigation. Moreover, the interactive effect of biochar and ARD efficiently adjusted the balance between chemical signal (leaf ABA) and hydraulic signal (leaf water potential). Thus, intrinsic water use efficiency (WUE_i) and yield in ARD were significantly enhanced compared to DI, especially under salinity stress. Overall, biochar in combination with ARD might be a wise approach for sustaining crop productivity in salt affected and drought stressed areas of the world to ensure food security.