The relevance of the study is determined by the adoption of the Constitutional Court of the Russian Federation Resolution No. 49-P of October 31, 2024, which established that No. limitation period applies to anti-corruption claims filed by prosecutors. The purpose of this work is to identify the theoretical foundations for excluding state claims from the scope of statute of limitations rules and to conduct a comparative legal analysis of this institution. The article examines problems of correlation between the principle of formal equality of private law subjects and the special position of the state as a participant in civil legal relations. Methods of comparative law, historicallegal and doctrinal analysis are used. The AngloSaxon maxim um tempus occurrit regi, the French concept of imprescriptibility of the public domain, and the practice of courts in the USA and Europe are examined.
Conclusions: the exclusion of state claims from limitation periods is justified not by the identity of the owner, but by the special legal regime of property and the central position of certain bodies (primarily the prosecutor’s office) in the system of public interest protection.
ABSTRACT
Time and antihistoire
This article analyses the succession of historians in the five sections of the Excerpta Constntiniana that have come down to us, not connecting it to categories or historiographical genres, but to the organisation of the work of this συλλογή.
History of the Greco-Roman World, Greek language and literature. Latin language and literature
The Austro-Hungarian Bank was the prototype for the regulation of the legal status of central banks in the newly established states in Central Europe after the First World War. This relationship is overlooked in the Polish literature, as the genesis of Polish central banking is based solely on the Bank of Poland, founded in 1820. The exemplary nature of the Austro-Hungarian Bank is confirmed by a common core approach analysis of its articles of association with the articles of the Austrian National Bank, the Czechoslovak National Bank, Bank of Poland S.A., and the Reichsbank. This analysis shows similarities in the content and structure of the articles and the legal institution used in all banks except the Reichsbank. The similarity is particularly evident in the establishment of the banks as independent banks. All banks were established as joint-stock companies, and disputes between the central bank and the state were to be settled by an arbitration court, except for the Reichsbank.
History (General) and history of Europe, History of Law
Qihua Zhang, Christopher J. Jensen, Alexander J. Grutter
et al.
Altermagnets are a recently-discovered class of materials with magnetic ordering that have a zero net magnetization and a momentum-dependent spin splitting in their band structure, arising from a collinear spin arrangement with alternating polarizations in the crystal lattice. The nickeline-structured manganese telluride (α-MnTe) is an attractive altermagnet candidate due to its predicted large spin splitting energy and a transition temperature near 300K. In this work, we present a thorough investigation of the spin structure of α-MnTe thin films grown by molecular beam epitaxy with very high crystal quality and low residual magnetization. The epitaxial α-MnTe films have a full-width-at-half-maximum of 0.1° as measured by x-ray-diffraction rocking curves and a root-mean-square roughness below 1 nm. Neutron diffraction measurements confirm the antiferromagnetic order in the α-MnTe film and show a Néel temperature of 307 K. Polarized neutron reflectometry detects a vanishingly small net magnetization which may be confined to the MnTe/InP interface, highlighting the near-ideal stoichiometry in the sample. In vacuo angle resolved photoemission spectroscopy reveals that the bulk band spectrum of the MnTe films is consistent with the weak altermagnetic order as theoretically predicted and observed for the high symmetry nodal plane in the center of the Brillouin zone. This study establishes optimized growth conditions for the synthesis of stoichiometric α-MnTe thin films which exhibit exceptional structural and magnetic ordering, thereby providing a robust platform for the precise characterization of their altermagnetic properties.
This study aims to describe the implementation of education quality assurance in improving PAI learning at MA At-tadzkir Kaliaren Grobogan. This research uses a type of descriptive qualitative research. Data collection techniques using interviews, observations, and document reviews. While data analysis is used, interactive analysis models include data reduction, data delivery, and conclusions. Based on the results of the study, the quality mapping carried out by the madrasah to improve PAI learning, in general, has been carried out well. The preparation of quality fulfillment plans carried out by the madrasah is quite good. The implementation of quality fulfillment carried out by madrasah to improve PAI learning is quite good, meaning that 8 national standards of education have been fulfilled in the implementation of madrasah, namely fulfillment of content standards, fulfillment of process standards, fulfillment of graduate competency standards, fulfillment of standards of educators and educational personnel, fulfillment of standards of facilities and infrastructure, fulfillment of management standards, fulfillment of financing standards and fulfillment of educational assessment standards. The quality evaluation/audit conducted by the madrasah to improve PAI learning is quite good, shown by the implementation of formative evaluation referring to process indicators, summative evaluation referring to indicators of output, outcome, and impact, and auditing the SNP fulfillment process according to a previously set plan
Anastasis Kratsios, Haitz Sáez de Ocáriz Borde, Takashi Furuya
et al.
Mixture-of-Experts (MoEs) can scale up beyond traditional deep learning models by employing a routing strategy in which each input is processed by a single "expert" deep learning model. This strategy allows us to scale up the number of parameters defining the MoE while maintaining sparse activation, i.e., MoEs only load a small number of their total parameters into GPU VRAM for the forward pass depending on the input. In this paper, we provide an approximation and learning-theoretic analysis of mixtures of expert MLPs with (P)ReLU activation functions. We first prove that for every error level $\varepsilon>0$ and every Lipschitz function $f:[0,1]^n\to \mathbb{R}$, one can construct a MoMLP model (a Mixture-of-Experts comprising of (P)ReLU MLPs) which uniformly approximates $f$ to $\varepsilon$ accuracy over $[0,1]^n$, while only requiring networks of $\mathcal{O}(\varepsilon^{-1})$ parameters to be loaded in memory. Additionally, we show that MoMLPs can generalize since the entire MoMLP model has a (finite) VC dimension of $\tilde{O}(L\max\{nL,JW\})$, if there are $L$ experts and each expert has a depth and width of $J$ and $W$, respectively.
``When a measure becomes a target, it ceases to be a good measure'', this adage is known as {\it Goodhart's law}. In this paper, we investigate formally this law and prove that it critically depends on the tail distribution of the discrepancy between the true goal and the measure that is optimized. Discrepancies with long-tail distributions favor a Goodhart's law, that is, the optimization of the measure can have a counter-productive effect on the goal. We provide a formal setting to assess Goodhart's law by studying the asymptotic behavior of the correlation between the goal and the measure, as the measure is optimized. Moreover, we introduce a distinction between a {\it weak} Goodhart's law, when over-optimizing the metric is useless for the true goal, and a {\it strong} Goodhart's law, when over-optimizing the metric is harmful for the true goal. A distinction which we prove to depend on the tail distribution. We stress the implications of this result to large-scale decision making and policies that are (and have to be) based on metrics, and propose numerous research directions to better assess the safety of such policies in general, and to the particularly concerning case where these policies are automated with algorithms.
This article provides a comprehensive overview of the changes to European Union (EU) climate and energy law brought about by the 2030 Climate and Energy Policy Framework. It explains the Framework’s background and objectives, and analyses its main legal instruments. It argues that the 2030 Framework incrementally develops and enhances EU climate law without revolutionizing it, advancing in particular its proceduralization. The article also explores the prospects for future change of the 2030 Framework towards more radical transformation in light of the European Green Deal and the ongoing COVID-19 pandemic.
Teodolfo Mertel, giurista e storico, uomo di Stato e cardinale (Allumiere, 1806-ivi, 1899) ha dedicato un inedito saggio agli statuti comunali. Rinvenuto presso l’Archivio Apostolico Vaticano, lo scritto era destinato a fare da introduzione alla pubblicazione dell’intera collezione degli statuti dei comuni dello Stato Pontificio. La collezione, conservata a Roma, fu notevolmente arricchita e sistematizzata per iniziativa di Mertel nella sua veste di ministro dell’Interno, carica che egli ricoprì dal 1853 al 1858. Mertel inquadra la fonte statutaria nel contesto della vicenda comunale, distingue le varie tipologie di statuti, ne esamina i contenuti con esempi tratti dagli esemplari statutari presenti nella collezione. L’obiettivo dichiarato è la rivalutazione storiografica della fonte statutaria. Mertel si prefigge qualcosa di più della semplice rivitalizzazione storico-erudita della fonte statutaria locale: egli considera gli statuti portatori di uno strato profondo di princìpi da cui traggono origine gli ordinamenti giuridici e le istituzioni politiche moderne. Nella normativa e nell’organizzazione istituzionale dei comuni medievali egli rinviene le radici di alcune nozioni e tecniche costituzionali – ad esempio il principio rappresentativo, la divisione o l’equilibrio dei poteri – che erano al centro della riflessione teorica e del dibattito giuspolitico europeo del primo Ottocento. Il saggio di Mertel si inserisce a pieno titolo nel quadro dell’ampio e vivace dibattito ottocentesco sul ruolo degli ordinamenti comunali medievali nel processo – e nel modello – dell’incivilimento.
• The Guideline ́s perspective on processing personal data in context of connected vehicles seems to be based on consent alone. This seems to ignore the possibility of legitimate interest of a 3rd party, such as the seller or importer. For example, the seller/importer could have responsibilities under the product liability law or have given a guarantee, which necessitates access to the vehicle ́s maintenance history and technical data.
The article deals with the attitude of predominantly religious American society to the atheistic USSR and the perspectives of military-political alliance with it at the initial stage of the German-Soviet war.
The chronological boundaries of the study are the period from the German attack on the USSR on June 22, 1941, to the beginning of December 1941, when a number of important events occurred: the Soviet counteroffensive near Moscow, Japan attacked the U.S. Pacific Fleet base in Pearl Harbor, Germany, and Italy declared war on the United States.
The aim of the article is a comprehensive analysis and systematization of the religious aspect of the USSR’s reputation in U.S. public opinion at the beginning of the German-Soviet war.
Methodology: the article uses the method of analysis to study various points of view of American society on the possibility of an alliance with the USSR in the second half of 1941. The author also applies methods of systematization and generalization to illustrate the conclusions.
Scientific novelty: for the first time in domestic historiography, the religious factor in U.S. public opinion about the possibility of an alliance with the USSR is analyzed.
The author comes to the conclusion that the religious consciousness of American citizens had a significant impact on the adoption of important political decisions, and on the issue of alliance with the USSR at the beginning of the German-Soviet war, the religious part of American society proposed two possible models of solution: the absolute exclusion of any support for the USSR from the United States and, on the contrary, the establishment of temporary cooperation for early victory over the common enemy. Despite the existence of mutually exclusive strategies, supporters of both of them regarded the USSR as an ideological opponent with whom it is fundamentally impossible to build long-term promising relations.
The author studies the evolution of relationship between the United States and the United Nations Educational, Scientific and Cultural Organization. It is actual problem in international relation. The history of their communication has gone from active cooperation to disputes. The main achievements in the cooperation between the USA and UNESCO are determined. Author studies the criticism of UNESCO’s activities by the United States. The aim of the article is to analyze the relationship between the United States and UNESCO since the founding of UNESCO to the present. The scientific novelty is first attempt to analyze the history of cooperation between the United States and UNESCO in the context of the evolution of their relations, which include achievements and fails, active participation in the Organization and criticism of UNESCO policy by the United States. The methodological basis of the article is based on the different methodological principles, such as the principle of historicism, systematic. The author used a historical-comparative method to understand changes in relations between the U.S. and the Organization. Special attention was given to the statistical method, which gave information about the number of cultural and natural sites on the UNESCO World Heritage List.
Conclusions. Сommunication between the United States and UNESCO has its own page in history, which includes relations since the country participation in the founding of the Organization, ratification of its main conventions, participation in different projects, events, withdrawal by the United States from UNESCO in the 1980s and the return in 2003 to UNESCO, disagreement of the financial policy of the Organization, to criticism of the admission of Palestine to UNESCO, the non-payment of contributions to the budget and the final withdrawal from UNESCO on 31 December 2018.
In the conditions of pandemic Covid 19, there was an expansion of work from home, which includes various forms of informal work that is performed outside of business premises of the employer. Such work includes "reduced" control power of the employer, calls into question the legal subrogation in the employment relationship, and has negative consequences for the realization of the rights of employee (primarily for safety and protection at work and privacy). Therefore, the paper lists the most important international documents of International Labour Organization applicable to work from home. It can be noticed that the modern concept of work from home differs from the former, in a way that it is limited to intellectual jobs or services that are performed in the digital environment. Regulation of work from home in the main Labour Law of the Republic of Serbia is incomplete, while the current Law on Health and Safety at Work does not recognize this form of work, which de lege ferenda requires amendment and harmonization of provisions, all with the aim of ensuring fuller protection of fundamental rights to work and in connection with work, as well as regulating the status of employees
Law of Europe, Comparative law. International uniform law
Rahul Vigneswaran, Marc T. Law, Vineeth N. Balasubramanian
et al.
The visual world naturally exhibits an imbalance in the number of object or scene instances resulting in a \emph{long-tailed distribution}. This imbalance poses significant challenges for classification models based on deep learning. Oversampling instances of the tail classes attempts to solve this imbalance. However, the limited visual diversity results in a network with poor representation ability. A simple counter to this is decoupling the representation and classifier networks and using oversampling only to train the classifier. In this paper, instead of repeatedly re-sampling the same image (and thereby features), we explore a direction that attempts to generate meaningful features by estimating the tail category's distribution. Inspired by ideas from recent work on few-shot learning, we create calibrated distributions to sample additional features that are subsequently used to train the classifier. Through several experiments on the CIFAR-100-LT (long-tail) dataset with varying imbalance factors and on mini-ImageNet-LT (long-tail), we show the efficacy of our approach and establish a new state-of-the-art. We also present a qualitative analysis of generated features using t-SNE visualizations and analyze the nearest neighbors used to calibrate the tail class distributions. Our code is available at https://github.com/rahulvigneswaran/TailCalibX.
Charles J. Law, Qizhou Zhang, Karin I. Öberg
et al.
Massive star-forming regions exhibit an extremely rich and diverse chemistry, which in principle provides a wealth of molecular probes, as well as laboratories for interstellar prebiotic chemistry. Since the chemical structure of these sources displays substantial spatial variation among species on small scales (${\lesssim}10^4$ au), high angular resolution observations are needed to connect chemical structures to local environments and inform astrochemical models of massive star formation. To address this, we present ALMA 1.3 mm observations toward OB cluster-forming region G10.6-0.4 (hereafter "G10.6") at a resolution of 0.14$^{\prime\prime}$ (700 au). We find highly-structured emission from complex organic molecules (COMs) throughout the central 20,000 au, including two hot molecular cores and several shells or filaments. We present spatially-resolved rotational temperature and column density maps for a large sample of COMs and warm gas tracers. These maps reveal a range of gas substructure in both O- and N-bearing species. We identify several spatial correlations that can be explained by existing models of COM formation, including NH$_2$CHO/HNCO and CH$_3$OCHO/CH$_3$OCH$_3$, but also observe unexpected distributions and correlations which suggest that our current understanding of COM formation is far from complete. Importantly, complex chemistry is observed throughout G10.6, rather than being confined to hot cores. The COM composition appears to be different in the cores compared to the more extended structures, which illustrates the importance of high spatial resolution observations of molecular gas in elucidating the physical and chemical processes associated with massive star formation.