Abstract Mining is very vital to the production of goods, services and infrastructure; it advances the quality of lives in the society. However, the possible hazard of waste and radioactivity generated by mining, dumping and tailing, has called on the society to find ways of seeking remedy that will adequately treat mining waste from mine dump, tailing and abandoned mine. Mine waste reuse and recycling in mining industries could offer cost-effective benefits through offsetting raw material requirements and decreasing the volumes of waste to be managed. This review discussed mine dump pollution monitoring and mine dump management strategies for some selected countries. Impact and mechanism of mine damage to the environment was discussed together with the remediation principles. It further examines the mining Act and regulations of the same selected countries. Emphasised was placed on the enforcement of environmental laws, regulations, and standards. Practical ways in which country’s state authority and civil society can keep a close watch and enhance the enforcement of laws and regulations were highlighted. The prediction for the control of mineral exploration and environmental assessment was also discussed for executing a specific control to take preventive measures. Management techniques used in combating the impact of mine dump, stockpiles and tailing on the environment were discussed. In addition, radioactivity in mine and its monitoring and control was discussed.
Oksana Safonchyk, Roman Stefanchishen, Kateryna Hlyniana
This article identifies the key features of international legal and economic support for protecting children’s rights and interests under martial law. This is achieved by: determining the features of the legal regime of martial law that influence the guarantee of fundamental rights and freedoms in the state; outlining international legal standards for protecting children and their interests; and examining the economic and legal means of safeguarding children’s rights in Ukraine during a special period. The present study was conducted utilising a combination of general and special scientific cognition methods. The method of comparison was utilised in order to identify status rights during the period of the legal regime of martial law. The application of analytical methods enabled the identification of the quantitative and qualitative parameters that characterise the specifics of implementing certain measures at both the international and national levels for the protection of children's rights within the legal regime of martial law. The findings of the study have demonstrated that the implementation of the legal regime of martial law in Ukraine has precipitated directional changes to various types of social relations, which are objectively necessary for ensuring the state's sovereignty, territorial integrity, and overall existence. Concurrently, there are restrictions on some children's rights and an increased risk of violations and inadequate safeguards. In the context of martial law, economic support measures have been employed as a means of ensuring the rights of children are upheld. These measures encompass the allocation of financial assistance to children in the form of monetary payments, as well as the fulfilment of specific needs, which are met through the utilisation of state budgetary resources or through contributions from relevant specialised organisations, charitable foundations, and civil society institutions. Conclusion. The following proposals are hereby made: firstly, to deepen the involvement of such institutions in solving children's rights issues in the Ukrainian state through the activities of permanent observers monitoring the observance of children's rights in the territory recognised by international norms as the territory of Ukraine; and secondly, to implement a register of children who, as a result of martial law, require ongoing additional financial support (for the subsequent distribution of charitable aid to prevent speculation in this area).
En el presente trabajo, desde una perspectiva dogmática, se analiza el rol que desempeña la presunción y la carga de la prueba en la actividad probatoria alrededor de la culpa y el dolo dentro de la responsabilidad por inejecución de obligaciones. Luego de un enfoque sustantivo-procesal, consistente en el recurso a doctrina y jurisprudencia, se concluye la conveniencia de la primera y la inutilidad de la segunda en la acreditación de la imputación subjetiva de este tipo de responsabilidad, tomando como punto de referencia las coordenadas normativas del Código Civil peruano.
Prima Resi Putri, Elyana Novira , Febrina Annisa
et al.
This research examines the legal authority of notaries in legalizing underhand deed agreements based on their responsibilities and legal consequences. The method used in this research is normative legal research method, which is based on statutory approach and conceptual approach. The results obtained show that the responsibility of a notary in legalizing a deed agreement under the hand must be able to guarantee that he is able to carry out, implement, and realize the existence of laws governing the activities of legalizing letters under the hand including to see or check the validity of agreements made by related parties by being careful and disciplined in carrying out procedures for legalizing letters under the hand in accordance with the Notary Position Law. The legal consequences arising in the ratification of the agreement of the deed under the hand, namely if the letter has been legalized by the Notary, the letter under the hand has formal evidentiary power but does not have outward and material evidentiary power. In carrying out its duties, if a Notary is proven to have violated the law, it can be subject to civil sanctions in the form of reimbursement of costs, compensation and interest by passing the evidentiary process. However, a Notary cannot be convicted if they have not committed a violation of a criminal article and have acted in the interest of implementing the provisions of the Notary Law
Bruno Smolarek Dias, Lucas Augusto Gaioski Pagani, João Marcos Lisbôa Feliciano
Objectives: This article aims to examine and study the normative provisions concerning the weighting of principles in Civil Procedural Law aiming at the guarantee and protection of Fundamental Rights concerning the existential minimum. With the innovations brought by the Civil Procedure Code of 2015, in which the legislator sought to write it in the light of the precepts of the normative Federal Constitution of 1988, there was a clear constitutional influence on civil procedural provisions, making the Courts of Justice and their magistrates, in the exercise of their attributions, to perform obligations and responsibilities different from those performed until then.
Methodology: For that, it uses bibliographic-documentary analysis, from the deductive method, to infer the conclusions. It examines, therefore, the attributions of the Judiciary, which from applying the laws, passes in its attributions and decisions to observe the legal system as a whole, through a normative and principled analysis, recognizing new rights and effectively putting into practice fundamental rights with direct foundation in the constitutional text.
Results: It is concluded that in the normative absence or in the conflict of norms, especially in the figure of the principles, when providing the effective application of Fundamental Rights, under the goal of ensuring and promoting minimum material conditions for human survival, this will take place under the prism of balancing constitutional principles, such as the Existential Minimum, influencing this weighting not in the dimension of the validity of the principles, but in their weight in concrete cases, which tend to lean towards the protection of the dignity of the human person as a vector of fundamental rights and foundation of the Republic.
Law in general. Comparative and uniform law. Jurisprudence, Political science (General)
The purpose of this paper was to analyse and comment on changes introduced to the Civil Code and the Consumer Rights Act, under which some consumer regulations apply to sole traders. The analysis was carried out on the basis of the dogmatic method, i.e., the exegesis of legal texts, as well as the examination of legal literature and judicial decisions concerning the discussed issues. The considerations made in the article led to the formulation of conclusions stating, inter alia, that the introduced provisions may be a manifestation of an overproduction of the law, and the objective of the amendment, in the form of counteracting inadequate protection of this category of entities, could be achieved based on the existing provisions on consumers – starting with the very definition of a consumer. Even if this proposal was rejected and it was stated that the changes aimed at increasing the protection of sole traders were desirable, the legal solutions adopted were considered selective and incomplete.
Law, Political institutions and public administration (General)
Luis Rodríguez Mariátegui Canny, Miyanou Dufour von Gordon
El propósito de este artículo es puntualizar los riesgos ambientales relevantes en las transacciones de contenido minero desde el punto de vista de la experiencia de los autores. Se describen las distintas etapas de la industria minera y luego los impactos ambientales comunes asociados a cada una de ellas, así como las fuentes de obligaciones y compromisos legales, contractuales, las derivadas de los instrumentos de gestión ambiental y de permisos, las autoimpuestas y las de otra índole que deriven en responsabilidades.
En el marco de las transacciones mineras se detallan las investigaciones que deben realizar los intervinientes en los contratos, la identificación de los riesgos, la asignación de responsabilidades y el tratamiento que se les dará a la solución de las contingencias e impactos. Finalmente, se desarrolla el tratamiento de la legislación aplicable desde la perspectiva del derecho internacional.
Law in general. Comparative and uniform law. Jurisprudence, Civil law
A judicialização da saúde tem-se caracterizado diante das negativas apresentadas pelo sistema público de saúde brasileiro às solicitações de pacientes que julgam necessitar de determinado tratamento para ter restabelecido seu direito à vida. Diante dos fatos, tendo de um lado um sistema público que não consegue atender a toda população brasileira, conforme seus objetivos fundantes e, do outro lado seres humanos que creem que o direito à vida está acima até mesmo de uma morte digna e por isso recorrem às ações judiciais, tem-se por objetivo neste artigo aprofundar sobre o real significado da dignidade da pessoa humana, trazendo para o meio científico a reflexão sobre a interdependência da vida e da morte e, que só é possível alcançar uma vida plena, quando pode-se ter autonomia para decidir sobre como viver e morrer. O problema deste artigo relaciona-se em como introduzir o entendimento de que o direito a uma morte digna deve ser percebido como uma extensão do direito à vida e, que em alguns casos recorrer ao judiciário só trará um sofrimento maior, tanto para a pessoa que necessita de cuidados, quanto para seus entes queridos. Para desenvolver este artigo, vale-se de metodologia qualitativa, por meio de pesquisa bibliográfica em livros e artigos científicos; e, ainda, exploratória, por meio da análise de leis que tratam sobre a dignidade humana.
The brief composition of Article 265 of the Iranian Civil Code, not only is resulted in different interpretations regarding this Article, but also has caused the issuance of distinct judgments by the courts. Owing to this fact, setting up a unified in order to avoid confusion among the parties to a certain case, the courts and lawyers has become an undeniable necessity. In this research, through resorting to doctrine, the views relating to the foregoing Article are studied and analyzed and it is attempted to introduce the view among the existing ones which is more compatible with laws, custom and case law of the courts is Iran. Also, thorough a comparative approach, it is tried to study the procedure in the UK legal system and by means of employing the advantages of this system and contrasting it with the legal system governing the country, express a solution for ending this fragmentation in judgments. In the other side, because of the undeniable role of Article 1235 of French Civil Code in the codification of Article 265 of Iranian Civil Code (Many of the lawyers believe that Article 265 of Iranian Civil Code is an incomplete adaptation of Article 1235 of French Civil Code), the existing views as to these two Articles would be expressed. At the end of the study it is seen that in accordance with the majority standpoint, delivering a property to another person is not the presumption for indebtedness, while according the Islamic jurisprudents in case of disagreement between the giver and receiver of the property, the claim of the giver is preferred.
Sheikh Mohammad Mahbubus Sobhan, Roxana Quader, Muhammad Ruhul Quddus
et al.
Background and challenges to implementation
Tobacco leads to grave detriments on health. Bangladesh is among top
ten countries of the world where tobacco use is most prevalent. It is facing tobacco epidemic,
having dual burden of high production and consumption. It is a cumbersome task to
curb the epidemic in a country like us. Having an excellent tobacco
control law, lack of execution, makes it utterly insufficient. The deep concern
is exposure to tobacco causing public health disaster for citizens, who have a
universal right to governmental protection.
Intervention or response
National Tobacco
Control Cell (NTCC) of Ministry of Health and Family Welfare (MOHFW) worked
with NGOs, civil society, religious and community leaders in concerted effort for
awareness on hazards of tobacco, Tobacco Control law and
implementation of law by awareness campaign, engagement of print, electronic and
social media, use of IEC materials and advocacy. Repeated directions sent from MOHFW
to field administrations to activate taskforces for tobacco control.
Various government agencies including Executive Magistrates, NGO and other
stakeholders were trained on law and mobile court drives were operated across
the country for exemplary punitive action. To decrease secondhand smoke,
mangers of workplace, public place and transports were made accountable. Tax raised on all tobacco products. Banks gave soft loans for tobacco
farmers to switchover to other crops. Tobacco advertisement, promotion and
sponsorship were banned.
Results and lessons learnt
Exemplary penalty made
people law abiding. Mobile court drives received tremendous support from the
people from all walks of life and mass media which contributed
in creating awareness. Coverage of clean-indoor-air law is increased.
Tobacco control coalition developed from grass root to highest level. Increasing tax on tobacco found effective to discourage smoking initiation,
moreover, stopped illicit trade. Advocacy through different media
including internet found very useful.
Conclusions and key recommendations
More novel approaches are needed like tobacco cessation. Emphasis required for monitoring
the activities of taskforces.
Diseases of the respiratory system, Neoplasms. Tumors. Oncology. Including cancer and carcinogens
Exceptions should be examined and decided along with the subject matter (Article 136 HIR). The Semarang District Court (PN Semarang) has cut a separate exception from the principal issue of the case. The purpose of the study to know whether exactly the decision of PN Semarang. Data were obtained through literature study and participant observation. Based on the qualitative analysis known, the decision of the exception separated from the principal case by PN Semarang is appropriate. The makers of the National Civil Law Procedure should determine, the decision of the exception is left to the judge's discretion.