Hasil untuk "Public law"

Marcos Afonso Johner

Desde a Constituição de 1988, separadas estão as funções de acusar e de julgar o caso penal (art. 129, I). Com o advento da Lei n. 13.964/2019, o legislador expressamente atribuiu ao direito processual penal a estrutura acusatória, com o propósito de vedar a substituição do órgão de acusação pelo magistrado, retirando, deste último, poderes ex officio, como, v.g., para deflagrar a ação penal, decretar medidas cautelares e produzir provas. Nesse contexto, debate-se acerca da (in)compatibilidade do art. 385 do CPP, que permite ao juiz condenar mesmo nos casos em que o Ministério Público opina pela absolvição, com a Constituição e a estrutura acusatória. O artigo explora a problemática, indicando os argumentos favoráveis à validade do dispositivo em questão, bem como os argumentos que o reputam incompatível com o processo penal acusatório. Por fim, o artigo propõe uma solução interpretativa para o art. 385 do CPP.

Victor Siqueira Serra

O texto aborda os desafios da escolarização de adolescentes e jovens atendidos pelo Serviços de Medidas Socioeducativas em Meio Aberto do Rio Pequeno. Por meio de um estudo de caso institucional, analisou-se as barreiras enfrentadas por esses adolescentes e jovens em seu território, como estigmatização, vulnerabilidade socioeconômica, defasagem escolar e a desconexão entre práticas pedagógicas e realidades vividas. A conclusão reforça a necessidade de políticas públicas integradas e formação continuada para educadores, promovendo uma educação dialógica e inclusiva que vá além do cumprimento normativo, garantindo suporte individualizado e um ambiente escolar acolhedor e transformador.

عبدالعزيز المطيرى, عبدالعزيز المطيري

وتعتبر الأنشطة اللوجستية أحد الموضوعات الحيوية منذ ثمانينيات القرن العشرين ، وأصبحت الهياكل التنظيمية لكبرى المنظمات تتضمن إدارة اللوجستيك ، وهذا يعد تحولاً نوعيًا في المنظمات من مرحلة عدم الاعتراف وضعف الاهتمام بالإدارة اللوجستية إلى مرحلة الاعتراف بأهمية هذه الإدارة ، بل وأصبحت أحد نماذج الإدارة المتكاملة لأداء مزيد من الأعمال والأنشطة الأساسية مما ساهم مساهمة فعالة في تحقيق مستوى عالمي نسبيًا في ارضاء الزبائن ودعم المركز التنافسي والربحي لهذه المنظمات.وقد قدمت النظريات السياسية والاقتصادية ، تفسيرًا لنمط واتجاه السياسة الخارجية معتمدة على عدد من الافتراضات الأساسية ، من بينها عدم وجود نفقات للنقل وقيود تعريفية وغير تعريفية كمكونات للنفقات اللوجستية ، وتظهر أهمية النفقات اللوجستية من خلال ما أشارت إليه منظمة التعاون الاقتصادي والتنمية OECD ، حيث أوضحت OECD أيضًا الدور المحوري للتكامل الإقليمي للنفقات اللوجستية التي لا تؤثر على التجارب البيئية فحسب ، بل تؤدي إلى الحد من الصراعات بين الدول من خلال الحد من الإنفاق العسكري ، ومن ثم زيادة مستوى رفاهية العالمكما أن العديد من الاقتصاديين وواضعي السياسات الاقتصادية هاجموا شعار النمو الاقتصادي كهدف نهائي للتنمية ، وكمعيار لقياس درجة نجاحها. وأعيد تعريف للتنمية الاقتصادية في منتصف السبعينات لتصحيح (عملية خفض أو القضاء على الفقر وسوء توزيع الدخل والبطالة) ، وذلك من خلال الرفع المستمر لمعدلات النمو الاقتصادي. وباختصار أصبحت التنمية تمثل عدالة توزيع من خلال النمو الاقتصادي ومن ثم فالتنمية هي تلك العملية المتعددة الأبعاد ، والتي تتضمن إجراء تغييرات جذرية في الهياكل الاجتماعية والسلوكية والثقافية والنظم السياسية والإدارية جنبًا إلى جنب ، مع زيادة معدلات النمو الاقتصادي وتحقيق العدالة في توزيع الدخل

Anthon Sattu Pabesak, Yoseph Pasolang

This study aims to understand the roles and functions of village heads in managing the finances of Madani Village and the factors influencing them. The village, as the lowest administrative unit, plays a strategic role in development and public service provision as stipulated by Law No. 6 of 2014. Public accountability is the main foundation in village governance. This research uses a descriptive analytical method with normative and empirical legal approaches. Data were collected through interviews and documentation studies at the Madani Village Office, Wotu District, East Luwu Regency. The results show that village heads hold significant positions in carrying out governance, development, and community guidance. Financial management in the village faces several issues such as delayed payments and asset management. Improvement efforts are made through monitoring, evaluation, and enhancing financial management practices. Implementing public accountability principles is necessary to improve transparency and the performance of village governance.

Prince Obiri-Korang

In private international law of contract, the law regulating the rights and obligations of contracting parties may (whether objectively determined or chosen by the parties), in some instances, be limited by either public policy considerations or other relevant mandatory rules. In this regard, the public policy and the overriding mandatory rules of three places – that of the forum state, the applicable law (if different from the lex fori) and the law of the place of performance (or a third state with relevant connection to the contract) – have been considered by both jurists and scholars as being important. However, this article is limited to matters concerning choice of law rules on overriding mandatory provisions (but not public policy considerations). This article assesses the various private international law rules utilised by the South African courts in ascertaining which overriding mandatory provisions must apply to international contracts for the sale of goods. The aim is to adopt a general private international law of contract rule that effectively addresses the difficulty in determining the state, whose overriding mandatory provisions may legitimately claim application over certain relevant issues in international sales contracts. To this end, the article considers the general application of the overriding mandatory rules of the forum and that of the applicable law state (lex causae) to determine if these laws may legitimately by applied to contracts as it is practiced by some courts. Thereafter, the article considers the application of the overriding mandatory rules of the place of performance (locus solutionis) or other relevant third states and demonstrate that it is the overriding mandatory provisions of “a relevant state” that may legitimately derogate the application of certain provisions of the proper law of an international contract.

Justinas Drakšas

The author analyses the digital exhaustion of the distribution right and its application in the EU copyright law. In the first part, the author presents the conditions for the digital exhaustion of the distribution right and overviews the main sources regulating exhaustion, from which the main problem related to the exhaustion of the distribution right of separation of communication to public and distribution rights arrises. In the view of the author, the transmission of works or objects of related rights over computer networks for permanent use by its users is akin but not fully attributable to distribution due to international and EU provisions restricting the distribution right to material copies only. Therefore, the author considers that the intervention of the legislator is necessary in order to implement the exhaustion of distribution right and to make a clear distinction between the rights of distribution and communication to the public. Other risks associated with the digital exhaustion of the distribution right, such as the „first copy“ problem, and the inefficiency of the technical measures to ensure that works (other objects) transmitted over computer networks are not reproduced without the permission of the rightholder, are also analysed in this work. Notwithstanding the mentioned concerns, the author presents the view that digital exhaustion of distribution right could be fully justified in terms of balancing the interests of rightholders and users of works (other objects) and suggests reviewing legal provisions relating to digital exhaustion in order to ensure that copyright law better meets actual social relationships and key consumer needs.

Olga A. Dekhanova

The novel Crime and Punishment, created by Dostoevsky in the era of liberal reforms and scientific discoveries, is an encyclopedia of public life in Russia in the 60s of the 19th century. It was the time of the most furious polemics around the numerous writings and articles of European and, above all, German philosophers and scientists. However, in most cases, scientific discoveries were interpreted very superficially, introducing an exclusively atheistic interpretation of them into the minds of people, creating a confrontation between science and religion. In the novel Crime and Punishment Dostoevsky expresses his position in this dispute, using the book by Henry Lewes Physiology of Common Life as an unspoken interlocutor. The reference to Lewes’ book can be traced throughout the novel. First of all, Dostoevsky projects the symptoms of chronic starvation described by Lewes onto the mental and spiritual state of Raskolnikov. However, speaking about the impact of hunger on human consciousness, Lewes meant the release of primitive instincts. And any crime in this case can be considered as an external or internal influence of the physiological reactions of the organism. Agreeing with Lewes regarding the existence of a connection between the physical and mental state of a person, Dostoevsky categorically argues that the “primitive instinct” can and should not be the need for crime, but the law of morality. Dostoevsky was not worried about scientific progress as such, but about questions of scientific ethics, the widespread, violent and senseless transfer of the laws of organic nature to the field of social and religious-moral relations. Sonya’s religious consciousness, her natural mind, capable of comprehending the scientific realities of the new world, is one of the possibilities for the coexistence of science and religion, this is what Dostoevsky aspired to. These and some other issues are discussed in detail in this article.

T. V. Efimtseva

Objective: to study the current state of the doctrine and legislation on nationalization in order to formulate proposals for improving the legal regulation of public relations in this area.Methods: the study used such general scientific methods of cognition as analysis and synthesis, induction and deduction, and analogy. The logical method of research helped to formulate definitions of some terms, in particular, nationalization and emergency nationalization; their inherent features were identified. While studying the topic, private scientific research methods characteristic of jurisprudence were also used: formal legal and comparative legal methods, which helped to reveal the logic of the legislator and draw conclusions about the expediency of paying compensation when nationalizing property from private owners.Results: based on the analysis of legislation and the practice of its application, as well as of the Russian and foreign literature, the essence of nationalization was revealed. In the article, nationalization is understood as the acquisition by the state of ownership of property that was privately owned, on the basis of federal law, with or without compensation of the property value to the owner, which is aimed at protecting public interests. The article pays special attention to the understanding of the “state property” category as the property of the whole people, i.e. public property.Scientific novelty: the article reveals the concept and essence of nationalization, as well as related legal categories (privatization, alienation, compensation, etc.), conducts a comparative legal analysis of the order of nationalization in various states, and identifies the advantages and disadvantages of preliminary and equivalent compensation as a prerequisite for private property nationalization. The author substantiates the need for nationalization of enterprises in all important industries, and, primarily, in the areas of natural monopolies, in which producers can make a profit to ensure their own development only. Nationalization should be soft, with the possibility of compensation, but only after a full audit of the performance of enterprises to resolve the issue of how conscientiously and responsibly their owners and managers acted.Practical significance: the main conclusions of the article can be used in scientific, pedagogical and practical activities to improve civil legislation and the practice of its application, as well as to develop long-term and short-term strategies for the economic development of Russia.

Gao Xueying

We can find numerous international treaties and legal documents that support women’s choice for safe and legal abortion. However, there are constant different, incompatible and even opposing discourses around abortion globally. This paper examines a 2016 legal case (Whole Women’s Health v. Hellerstedt) to explore how anti-abortion discourse in the U.S. has found its way into the legal text. I begin by addressing women’s right to abortion as a human rights issue and then I investigate how U.S. abortion law entangles with social and cultural reality in the country; I then offer a close reading of the Supreme Court’s judgement and discuss the implications of such a legal text. Public opinions on reproductive rights in the U.S. are closely related to the dynamics between religious culture and feminist activism, and political manipulation leads to divided opinions over the issue. A close reading of the case shows that the court’s constant emphasis on “right to privacy” sets the stage for the current fragility of the reproductive rights in the U.S. cultural and political context. First, it opens a gate for anti-abortion groups to burden women with moral responsibility; second, under TRAP laws it becomes difficult for the abortion providers to justify their stand. I further argue that the undue burden test, which was central to winning this case, is not a strong test for future lawsuits over abortion rights.

Marek Bočánek

The purpose of this work is to provide an overview of an amended payment regulation in Singapore, coming into effect in 2020 and to analyse the changes and their possible effects. It describes how the former stored value facility became popular owing to its non-licensed institutions with pre-set limits, frequently misused for payment purposes it was not designed for. The new regulation, based on the Payment Services Act, divided licence categories into 7 different types: this work specifies in more detail. Thus, greater transparency is achieved and preventive measures undertaken against any misuse of the existing Singaporean payment regulation.

David Kohout

This article seeks to review the legal position of sport coaches in the Czech Republic. It examines the general legal framework for their activity in terms of the applicable public and private law regulation. More specifically it looks into the contractual basis of their relationship with sport clubs and individual athletes, which is very variable in terms of the types of contracts used under the Czech law and usually using other types of contracts than employment contract. The reason for this can seen principally in the absence of specific sport-based type of contract, which would be foreseen for such legal relationships in the Czech Republic (in contrast to a number of other countries, which adopted legislation in this respect). From another perspective, this article also discusses the impact of internal regulation of sport associations on the performance of coaches’ duties in the respective sport discipline. This regulation also has significant impact on the coaches as it governs the system of their licencing and thus sets out eligibility criteria for exercising their profession.

Li Tiancheng, Ren Qing-dao-er-ji, Qiu Ying

Hazards of sandstorm are increasingly recognized and valued by the general public, scientific researchers, and even government decision-making bodies. This paper proposed an efficient sandstorm prediction method that considered both the effect of atmospheric movement and ground factors on sandstorm occurrence, called improved naive Bayesian-CNN classification algorithm (INB-CNN classification algorithm). Firstly, we established a sandstorm prediction model based on the convolutional neural network algorithm, which considered atmospheric movement factors. Convolutional neural network (CNN) is a deep neural network with convolution structure, which can automatically learn features from massive data. Then, we established a sandstorm prediction model based on the Naive Bayesian algorithm, which considered ground factors. Finally, we established a sandstorm prediction model based on the improved naive Bayesian-CNN classification algorithm. Experimental results showed that the prediction accuracy of the sandstorm prediction model based on INB-CNN classification algorithm is higher than that of others and the model can better reflect the law of sandstorm occurrence. This paper used two algorithms, naive Bayesian algorithm and CNN algorithm, to identify and diagnose the strength of sandstorm in Inner Mongolia and found that combining the two algorithms, INB-CNN classification algorithm had the greatest success in predicting the occurrence of sandstorms.

D. Fraser

Heidi Bramson, D. D. Des Jarlais, K. Arasteh et al.

Dănilă G, Goicea N, Iliescu P et al.

Ștefan cel Mare University’s Hunting Funds, through the Faculty of Forestry, consists of three hunting territories (HT): HT no. 55 Mitoc, HT no. 69 Râșca, HT no. 56 Salcea. The first two have a high hunting potential for major hunting sedentary game species (wild boar, roe buck, roe deer, hare, wolf, bear). In over 15 years of hunting management, USV has overcome the difficulties imposed by different legislations. Also, USV, along with the University of Brașov, managed to amend Law 407/2006 and to return to free hunting use of the public lands. The teaching and research activities in the hunting territories have resulted in over 15 diploma projects, over 20 scientific articles published in specialized reviews, of which 7 ISI, over 10 scientific papers of which two were the students’ work, two research contracts and a book. The management coherence driven by the specialized staff is reflected in the higher number of top quality trophies, which started to be harvested after about 10 years of management.

Morteza Nejabat Khah

Different legal systems have predicted various judicial remedy for citizens in relation to those administrative acts which are contrary to law or outside of the jurisdiction of the authority that issued it. Judicial declaration is a judicial remedy that is identified in the administrative justice system in UK. This remedy, however, is not a judicial sentence or court ruling and hence some would not consider as a remedy, but this remedy, as it declares the rights or legal status of the parties, plays an important role in disputes concerning to public law. Due to its flexibility, declaration has notable application and features in administrative justice system in UK. Because this remedy has not been identified in our administrative justice system, while unlike the traditional view to these remedies, the use of such remedies can also be considered in our administrative justice system; therefore, it seems important to study of different aspects of this remedy.

R. Michaels

C. Davis, L. Beletsky

IntroductionIn light of overwhelming evidence that access to sterile injection equipment reduces incidence of injection-attributable bloodborne disease without encouraging drug use, many localities have authorized sterile syringe access programs (SAPs), including syringe exchange and pharmacy-based initiatives. Even where such interventions are clearly legal, many law enforcement officers are unaware of the public health benefits and legal status of these programs and may continue to treat the possession of injection equipment as illegal and program participation as a marker of illegal behavior. Law enforcement practice can impede SAP utilization and may increase the risk of needlestick injury (NSI) among law enforcement personnel. Many SAPs conduct little or no outreach to law enforcement, in part because they perceive law enforcement actors as unreceptive to health-promotion programs targeting drug users.Case descriptionWe report on a brief training intervention for law enforcement personnel designed to increase officer knowledge of and positive attitudes towards SAPs by bundling content that addresses officer concerns about infectious disease and occupational safety with information about the legality and public health benefits of these programs. Pilot trainings using this bundled curriculum were conducted with approximately 600 officers in three US cities.Discussion and evaluationLaw enforcement officers were generally receptive to receiving information about SAPs through the bundled curriculum. The trainings led to better communication and collaboration between SAP and law enforcement personnel, providing a valuable platform for better harmonization of law enforcement and public health activities targeting injection drug users.ConclusionThe experience in these three cities suggests that a harm reduction training curriculum that bundles strategies for increasing officer occupational safety with information about the legality and public health benefits of SAPs can be well received by law enforcement personnel and can lead to better communication and collaboration between law enforcement and harm reduction actors. Further study is indicated to assess whether such a bundled curriculum is effective in changing officer attitudes and beliefs and reducing health risks to officers and injection drug users, as well as broader benefits to the community at large.

D. Durevall, Magnus Henrekson

M. Abram, A. Jonsen, F. Chertok et al.