Hasil untuk "Civil law"

Chenfeng Xiong, Joyce Nakatumba Nabende, Michelle Skelton et al.

The integration of data science and artificial intelligence approaches, through multidisciplinary collaboration, is set to advance health research in Africa. Here, we describe the Harnessing Data Science for Health Discovery and Innovation in Africa-funded effort for enhancing healthcare delivery, disease surveillance, predictive modelling, capacity building and research innovation across Africa and globally.

L. A. Novoselova

The relevance of this research lies in the need to comprehend the legal implications of the development of stablecoins as new financial instruments. Faced with the processes of digitalization, legal systems have been required to develop a response to the significant changes to the techniques of undertaking domestic and crossborder transactions and settlements. In particular this concerns the emergence of the possibility of direct transactions between counterparties, bypassing the classical financial institutions. The emergence of new, digital objects with an unspecified legal regime (cryptocurrencies, utility tokens, etc.) has also led to problems. Stablecoins are one of the most frequently used objects. They are a type of digital asset accepted in transactions at a predetermined (determined) value (rate). The aim of the research is to establish potential strategies for incorporating stablecoins in Russian civil law as objects of legal rights. For this purpose, the article discusses the approaches of foreign regulators when selecting a model for regulating relations with such assets. It notes that they are characterised by a pragmatism which allows the rules developed for known objects (securities, exchange commodities, etc.) to be extended to different types of stablecoins for a variety of purposes. In the Russian Federation, the formation of a legal environment for the circulation of digital assets, including those which possess the features of stablecoins, is still at an early stage. The main legislative acts, including the Civil Code of the Russian Federation, only address the issue of instruments created and traded on domestic, Russian platforms. An analysis of the Law on Digital Financial Assets and the Law on Attraction of Investments shows that many of the digital rights defined therein are similar in nature to stablecoins. They can be either secured (utilitarian rights, a number of DFAs), or unsecured (digital currency with a fixed value). However, Russian legislation, including the Law on Currency Regulation, does not refer to and, therefore, does not regulate relations with the use of “external” stablecoins. The need to introduce “external” stablecoins into the Russian legal framework, including for use in foreign trade transactions, requires changes to the legislation and regulatory approach. The article analyzes recent legislative changes and legislative initiatives in the field of digital rights regulation, and suggests ways of removing existing gaps and inconsistencies.

Junho JUNG

HIV/AIDS control in Korea characterized with “AIDS Prevention Law”, enacted in 1987. It was one of the first separate legal enforcement around the world that governs control of the HIV/AIDS epidemic. Yet with significant limitations regarding human rights, as it criminalized HIV infection, and dictates penal action against ‘transmitters’. This papers looks into how HIV/AIDS epidemic started in Korea in 1980s, with specific focus on disease narrative that was constructed by the government. It was known to United States Forces Korea, that HIV was already spreading steady into Korean female sex workers around U.S. military bases in 1985. This information was concealed by Korean Ministry of health, in the face of upcoming international events such as 1988 Seoul Olympics. Instead, the Korean government turned public attention to ‘imported’ cases, constructing narrative that HIV/AIDS as a foreign disease. With direction of president, HIV/AIDS control focus on compulsory testing and isolation of identified risk group of sexual minorities and sex workers around U.S. military bases. This narrative of foreign disease had lasting impact even after democratization of Korea in 1987, as civil society, unaware that HIV/AIDS had already became endemic in Korea, argued to enforced compulsory testing against foreign nationals upon entry. This paper argues that disease narratives were carefully constructed by the government during early phase of HIV/AIDS epidemic in Korea, and used legal structure as ways to conceal the actual prevalence from both domestic and international attention.

Martin Löhnig

The bankruptcy proceedings codified in the Bavarian Code of Civil Procedure immediately before the founding of the German Empire after long scientific and political discussion (Gant) competed as the most up-to-date regulation of the bankruptcy proceedings in a German individual state with the regulatory concepts of the Prussian Bankruptcy Code of 1855, which was significantly influenced by French law, for influence on the Reich Bankruptcy Code of 1877. It is therefore necessary to examine what impetus the Bavarian law was able to provide, which will be done using the example of the problem of selecting the bankruptcy trustee which is a crucial question in bankruptcy proceedings.

Cristina Dinu

The child needs a balanced family climate in which he can feel safe and effective communication with his parents. This is possible if the latter are attentive to the child's needs, care about his education, if they show understanding, are affectionate and calm and participate in important events in his life. In civil law, this prerogative is called parental authority and is perceived by most parents as a right. In reality, however, the exercise of parental authority is a legal obligation of the parent and a correlative right of the minor. In this article we will develop this aspect regarding the essence and qualification of parental authority, the impossibility of renouncing it through a notarial declaration and the mandatory involvement of the guardianship court that establishes the limits and concrete way of exercising it, when parents wish to deviate from the rule according to which parental authority is exercised jointly by both parents.

Rina Rusman, Syofirman Syofyan

Forcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discussed

Jie Huang

AbstractOn 1 September 2023, the Standing Committee of the National People’s Congress amended the Chinese Civil Procedure Law which will come into effect on 1 January 2024 (‘the 2024 CPL’). The 2024 CPL brings significant changes to the entire procedure of transnational civil and commercial litigation in China covering jurisdiction, service of process, the taking of evidence abroad, and the recognition and enforcement of foreign judgments. It is critical for foreign states, courts, and parties which conduct business in China to understand this new legal development and to prepare for the changes. Adopting comparative-law and empirical research methods, this commentary aims to explain the new provisions for transnational civil litigation in the 2024 CPL and how they may be implemented in practice.

Iryna Trubavina, Oleksandr Cherednychenko, Kirill Nedria et al.

The relevance of the article is determined by the need to train education managers – civil servants and officials of local self-government bodies – to work and manage the educational system in war conditions. The purpose of the article is a justification and development of a short-term professional development program for civil servants and officials of local self-government bodies regarding safety in education, creation of a safe educational environment. The research methodology of the article is a complex of scientific approaches that determined the content, methods and form of training: competence-based, axiological, systemic, risk-oriented approaches, public administration approach; approach for human rights. Research methods included analysis of theoretical sources, synthesis, modeling, oral interviews of educators, generalization of experience, and observation. Scientific novelty is substantiated by the content of the program and selection of approaches to learning. Practical significance is the development of a training program for civil servants and officials of local self-government bodies. The results of the study are the content, forms and methods of teaching to solve the education problems under martial law in Ukraine, looking specifically atthe example of the Kharkiv region. The new problems of the education organization under the martial law were identified: technical, psychological problems of children and other participants during the educational process, material problems of educational institutions and families, which are necessary to resolve for effective educational process, lack of safety culture among the population, etcetera. The conclusion is that the proposed program answers many questions, especially, for the Kharkiv region and Ukraine. Prospects for further research are expansion of the program’s content, taking into account the best foreign and Ukrainian experience.

Mónika Andok

A tanulmány a hálózati kommunikációhoz kapcsolódó folyamatok közül a digitalizációból következő mély mediatizáció (deep mediatisation) fogalmát mutatja be. A klasszikus tömegkommunikációhoz (nyomtatott sajtó, rádió, televízió) kapcsolódó elméletekben az 1980-as évektől problematizálódott a közvetítés, a közvetítettség folyamatjellege, és néhány kutató a média jelensége helyett a mediatizáció folyamatának kutatására fókuszált. A tanulmányban feltárom, milyen kutatási hagyományai vannak a mediatizációnak úgy a médiaszociológia, mint a kultúraelméletek irányából. Míg a mediatizáció fogalmát a klasszikus, analóg módon működő tömegkommunikációs eszközök és folyamatok leírására használják, addig a mély mediatizáció a digitális infrastruktúrán megvalósuló hálózati kommunikáció kulcsszava. A hagyományos mediatizáció és a mély mediatizáció különbségei mellett bemutatom Couldry és Hepp elgondolását is, amely a társas világ újfajta, a mély mediatizációra épülő konstrukciós elméletét alapozza meg.

Iván Blume Moore

Las tecnologías de información y comunicación, conocidas como TIC, han aportado, sin duda alguna, al desarrollo de las sociedades a través de la multiplicación del procesamiento y almacenamiento de datos en las relaciones cotidianas. Sin perjuicio de ello, y en contrapartida, no es posible desconocer los riesgos que, al mismo tiempo, aquellas han causado, relativos a la falta de seguridad de los datos personales. Esta situación ha generado el desarrollo de marcos normativos destinados a contrarrestar tales riesgos. Entre esta normativa, se encuentra aquella relativa al ámbito laboral. En el presente artículo, el autor revisa las novedades que trajo consigo la entrada en vigencia de la Ley de Protección de Datos Personales (Ley 29733) en el ordenamiento peruano. Posteriormente, señala y describe los conceptos básicos que intervienen en el tópico de la protección de datos personales. En una tercera sección, desarrolla las obligaciones de los empleadores frente a la protección de datos personales y los desafíos que ello enfrenta ante los cambios globales. Por último, ilustra todo ello a través de casos de la jurisprudencia.

Grigoryeva Natalia Vladimirovna, Ugolnikova Natalia Viktorovna, Samoroka Viktor Anatolievich et al.

The relevance of the study is due to the presence of a set of theoretical and practical issues and gaps in the legal regulation of the agreement concluded with the protected person on the conditions of security measures, mutual obligations, and responsibility of the parties. In this regard, based on an independent scientific study, the article attempts to substantiate the legal nature of the specified agreement as a special legal institute based not only on the rules of criminal procedure but also on civil law, since civil law determines the general provisions of agreements. In implementing the provisions of the institute of state protection of criminal proceeding participants, the leading research method is justified as increasing the effectiveness of legal norms on security measures through modeling the most optimal algorithm of the agreement with the person subject to state protection. Based on the results of the data obtained, the analysis of factors positively and negatively affecting the procedure of making decisions on security measures and the conclusion of the agreement was also carried out. The article focuses on the practical orientation of the results, which provide methodological and applied assistance to employees of state protection bodies in criminal cases. As a result of the study, the authors justify the need to develop a standard form of the agreement; the form, structure, and content of the agreement are proposed; the possibility of improving the legal framework through the development and adoption of a particular regulatory legal act of an open nature regulating the order of the agreement in the system of internal affairs bodies is determined. The research will provide academic, organizational, and legal assistance to state defense departments and investigators, inquirers, prosecutors, teachers, students, and anyone interested in ensuring security in criminal proceedings.

Rodrigo da Guia Silva

O presente estudo se pauta na investigação do escopo primordial do princípio do equilíbrio contratual no direito brasileiro. Para tanto, após a identificação da insuficiência das formulações tradicionais (referidas por autorreferenciada e heterorreferenciada) para a compreensão do equilíbrio contratual, o estudo passa em revista o dado normativo e as principais formulações teóricas pertinentes ao tema. Tal análise conduz ao reconhecimento de que o princípio do equilíbrio contratual encontra nas vicissitudes contratuais supervenientes seu locus de atuação por excelência. Nessa medida, o princípio em comento constitui, a partir de uma releitura funcional, autêntico corolário da obrigatoriedade dos pactos (pacta sunt servanda), a impor a mais eficiente possível realização do programa de interesses originária e validamente entabulado pelas partes. A complexidade de tal programa de interesses (cuja promoção dinâmica é imposta pelo princípio do equilíbrio contratual) reclama uma análise de índole funcional, atenta, entre outros fatores, à alocação consensual de riscos porventura existente. O raciocínio desenvolvido auxilia, ao final, na sedimentação das bases para um necessário esforço de sistematização das vicissitudes contratuais supervenientes, bem como dos correlatos remédios vocacionados à tutela do desequilíbrio contratual.

archpriest Volodymyr Vakin

Prior to the partition of the Kyiv Metropole in 1448 into Kyiv proper and Moscow ones, we possess some historical evidence of the existence of extremely interesting and original practice of “monthly courts”. Based on the sources that have surivived until our time, we receive testimony about “monthly courts” as the right of the Metropolitan Bishop of Kyiv to come to Novhorod once in every four years, in person or by outsourcing that to special clergy, and to hear court cases within one month. Considering the facts that this practice is inherent only in our metropolis as our own canonical tradition and that nowhere else in the history of the Local Churches do such judicial precedents occur, the subject for debate among scholars and the field of canonical research are a number of questions. First and foremost, what the “moon court” actually was. That was a court of appellate jurisdiction for those dissatisfied with the decision of their own archbishop’s court or full consideration of a wide range of issues, both of a purely ecclesiastical nature and related to civil lawsuits, which at that time princely law were within the purview of the ecclesiastical authority of the ecclesiastical court. Secondly, the reasons for the origination of this practice and the question of its extension to the entire territorial jurisdiction of the Kyiv Metropolitanate. Thirdly, the canonical assessment of the jurisprudence created in our metropolis in terms of the canon law and traditions of the Orthodox Church. Taking into account the fact that the ecclesiastical judicial power is an integral element of the definition and ecclesiological expression of the nature of the higher ecclesiastical authority, the canonical and historical assessment of the practice of “monthly courts” makes it possible to outline the competence of the Metropolitan of Kyiv to the subordinate diocese, the title of archbishop and certain special privileges, such as wearing a white hood and bishop’s roves with crosses on them. The integrity and completeness of this study stems from the fact that information about the said practice of “monthly courts” derives directly from the documents of the Ecumenical Patriarch Anthony, preserved to these days, to whom Cyprian, Metropolitan of Kyiv, repeatedly appealed seeking council and support in his conflict with the diocese of Novhorod. Due to this, we get a complete picture of the place of the Ecumenical Patriarch in the structure of the hierarchy of the higher management of the Kyiv Metropolitanate.

Mr Masduki

According to Broadcasting Law Number 32 Year 2002, Radio Republik Indonesia (RRI) and Televisi Republik Indonesia (TVRI) have become independent public services broadcasting institutions. Until 2012, the transformation of both still faces some obstacles, internally and externally. Both are still encountering identity crisis whether representing public or authority due to strong influence of power—not fully free from government intervention, problem of civil servants professionalism, and budget nomenclature. There is the need for a new and special law of public broadcasting in order to ensure protection and transformation of RRI and TVRI as public service broadcasting in the future.

Lita Tyesta ALW

This research aims to determine the prospects of persons with disabilities protection against discriminatory behavior in Semarang. The research method is normative using the laws approach (statutory approach), and the conceptual approach (conceptual approach). Results of the study found that the government of Semarang have prospects in providing protection and fulfillment of the rights of persons with disabilitas of discriminatory behavior. Constitution of the Republic of Indonesia Act 1945 does not set a specific reference on Disability, but set firmly and clearly regarding non- discrimination, equality before the law, and the right to receive equal treatment before the law throughout Indonesia.

G. Z. Makota

Basic directions of improvement of public administration of international technical cooperation with the European Union are proposed in the article. Special attention is focused on the polish experience of public administration in this sphere. On the basis of the foreign experience the tasks for the public authorities are defined. The main problems of technical cooperation between Ukraine and the EU are determined. Among the priority directions of improving public administration of technical cooperation with the EU are  established: the use of a complex approach to administration in this sphere, political will, effective implementation of the european integration policy, law on technical cooperation adoption, that will regulate these relations and establish the strategic vision of state policy in this sphere, development of human capacity of state bodies, development of institutional capacity, easy access to information about projects of technical assistance, directing assistance to the tasks defined by the EU-Ukraine Association Agreement. The issues that require legislative regulation are established. On the basis of comparative analysis of domestic and foreign experience of public administration of technical cooperation the main directions of improvement of organizational supply in this field are presented. Special attention is paid to the role and level of institutionalization of the civil society in Ukraine and EU in the process of technical assistance management. The necessity of establishing a specialized uniform informative web resource is pointed out.

Michele Graziadei

Bambang Eko Turisno

Payload information is correct, clear, and honest, is a consumer right that must be given in the advertising business and tell what consumers need to know in order to determine the right choice. Most of misleading drug ads carry the message that it is incomplete and does not correspond with the content of their products. Drug ads through our pre review prior to publication, sanctions for violations to deterrent effect. Overlapping drug advertising regulations, the role of BPOM as a supervisor who makes the rules and censorship on the ad. Keyword : drug advertisement, consumer

Adauto de Almeida Tomaszewski, Agenor Domingos Lovato Cogo Júnior

The dignity of the human person, as one of the founding principles of the Federative Republic of Brazil and the Democratic State must, even as possible, be respected when interpreting a contract of health service providing by the operator of right in front of a concrete case. After showing this premise, this study has as main objective to perform an analysis of the many rules of interpretation of the contracts of health service providing, in face of the principles and constitutional norms, as well as infra-constitutional legislation applicable to it, also aiming to acquire economic equilibrium and contractual justice. This theme is very relevant, because the number of beneficiaries of contracts of health service increases every year, before State’s inability to provide to all citizens a public health model, sculptured in article 196 of the Constitution of 1988, giving to the private business the possibility of exploration of this relevant state activity (articles 170 and 199 of the Constitution of 1988). Finally, it aims to encourage the parties involved in the contract to have a real and permanent debate, as a result of a critical reflection about all the variables involved in this context, aimed also to improve the entire health system (public and private ones), and, as a consequence of it, the faithful fulfillment of constitutional guidelines, because the article XXV of the Universal Declaration of Human Rights guarantees to every person the right to have a comprehensive health and dignity.<br>A dignidade da pessoa humana, enquanto um dos princípios fundantes da República Federativa do Brasil e do Estado Democrático de Direito, deve, sempre que possível, ser levada em linha de conta quando da interpretação de um contrato de prestação de serviços de saúde pelo operador do Direito, diante de um caso concreto. Colocada essa premissa, tem o presente estudo como objetivo primordial, efetuar a análise das diversas regras de interpretação dos contratos de prestação de serviços de saúde à luz dos princípios e normas constitucionais, assim como da legislação infraconstitucional aplicável à espécie, visando o equilíbrio econômico e a busca da justiça contratual. O tema é relevante, pois o número de beneficiários de contratos de prestação de serviços de saúde aumenta a cada ano, diante da incapacidade do Estado em prover a todos os cidadãos o modelo sanitário insculpido no artigo 196 da Constituição Federal de 1988, conferindo à iniciativa privada a possibilidade de exploração dessa relevante atividade estatal (artigos 170 e 199 da CF/99). Por fim, procura estimular as partes envolvidas no contrato a efetuar um verdadeiro e permanente debate, fruto de uma reflexão crítica sobre todas as variáveis envolvidas no contexto, visando à melhoria de todo o sistema de saúde (público e privado), e, de consequência, o fiel cumprimento das diretrizes constitucionais, vez que o artigo XXV da Declaração Universal dos Direitos do Homem assegura a toda pessoa o direito a uma prestaçãosanitária ampla e digna.</span></span></span></p>