On the concept of local hormones

1950 ◽  
Vol 137 (888) ◽  
pp. 300-303
Keyword(s):  
Nerve Cord ◽  
Ventral Nerve Cord ◽  
Clear Definition ◽  
Physiological Conditions ◽  
Hormonal Action ◽  
Definition Of ◽  
The Right ◽  
Sufficient Proof

This discussion on local hormones comes at the right time; those who started the idea and suggested the term should be congratulated. Some kind of order must be accepted in the classification of hormones, and one should first agree to a clear definition of what the hormonal action is. The presence of a definite substance in a tissue is not sufficient proof, even if in a certain group of animals this substance is considered as a true hormone. For instance, is the adrenaline which is elaborated in special cells in the ganglion of the ventral nerve cord of annelids a hormone; is it liberated in well-defined physiological conditions; does it act locally on the nervous cells? Nobody knows.

The United Nations and the Evolving Right to Self-Determination

1998 ◽  
Vol 47 (3) ◽  
pp. 537-572 ◽  
Author(s):  
Helen Quane
Keyword(s):  
United Nations ◽  
Self Determination ◽  
Clear Definition ◽  
Theoretical Interest ◽  
The United Nations ◽  
Definition Of ◽  
The Right ◽  
Practical Implications ◽  
Elusive Concept

The right of peoples to self-determination is an elusive concept. There is no clear definition of “peoples” or of what the right entails. Instead, there are numerous and at times conflicting interpretations of self-determination. The existence of these various interpretations is not merely of academic or theoretical interest. It can have considerable practical implications.

Actual and legal limitations of the right to public information against the background of native legislation

2019 ◽  
Vol 2 (XIX) ◽  
pp. 193-208
Author(s):  
Aleksander Kwaśniak
Keyword(s):  
Public Information ◽  
Sensu Stricto ◽  
Specific Situation ◽  
The Law ◽  
Definition Of ◽  
The Right

In this article the author presents the range of limitations of the right to public information, which are included in the law on access to public information. At the beginning the author formulates a definition of limitation. At the end of this article, the author try to make a classification of limitations on actual limitations and legal limitations, depending on the reason of limitation in a specific situation. The author also evokes views of doctrine too, where we find the split into limitations sensu stricto and sensu largo. The last think is the analysis of legal means, which are entitled to applicants for a given limitation.

scholarly journals TYPES OF DISPOSITION OF CRIMINAL JUDICIARY OF UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 215-221
Author(s):  
М. М. Почтовий
Keyword(s):  
Scientific Article ◽  
Criminal Proceedings ◽  
General Group ◽  
Procedural Law ◽  
Legal Provisions ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
Different Order

The scientific article considers the issue of modern understanding of the essence of the principle of dispositiveness in the criminal proceedings of Ukraine, as well as its classification in scientific sources. At the beginning, the author emphasizes the importance of the existence of the principle of dispositiveness in criminal proceedings and its impact on the implementation of the rights and freedoms of participants in criminal proceedings. On the basis of the defined criteria the classification of dispositiveness in criminal proceedings is carried out: 1) on the maintenance - social, material and formal (procedural); 2) according to the methods of connection of elements in the structure of dispositiveness - horizontal (equal-order) and vertical (different-order); 3) by enshrining dispositive norms in the substantive or procedural law - substantive and procedural; 4) on the generality of powers used by the subjects of dispositive rights - general, group and exclusive powers (the right to the last word of the defendant); 5) on the subordination of rights and freedoms (legal provisions) of the subjects of dispositiveness - the main provisions, provisions that ensure the implementation of the basic; 6) depending on the scope of powers granted to participants in criminal proceedings, for a certain period of time - static and dynamic; 7) depending on how many participants in the criminal proceedings are endowed with dispositiveness in a particular criminal proceeding - unilateral and bilateral; 8) depending on the mechanism of realization of dispositive rights - constitutive and situational; 9) for the subject of dispositive rights - suspect, defense counsel, accused, legal representatives, victim, civil plaintiff, civil defendant, witnesses, etc. The author of the study formulates the definition of dispositiveness in the criminal proceedings of Ukraine - it is a conscious need for active and purposeful activities of entities endowed with dispositive rights, the implementation of which affects the emergence, change or termination of criminal procedural relations and aims to defend their own or representative interests.

scholarly journals Criteria for the effectiveness of normative legal regulation of the right to freedom of creativity in Ukraine

2020 ◽  
pp. 62-66
Author(s):  
Natalia Opolska
Keyword(s):  
Cultural Values ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Clear Definition ◽  
Creative Activity ◽  
Intellectual Activity ◽  
Definition Of ◽  
The Right ◽  
Political Realities

The article presents the result of determining the effectiveness of normative legal regulation of the right to freedom of creativity. It is established that the criteria of effectiveness are: a) the perfection of legal regulation of the right to freedom of creativity; b) conformity of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities, possibilities of exercising the norms of the right of creative competences enshrined therein and their protection in court; c) reduction of imperative, imperative methods of regulation by increasing the dispositive methods; d) a clear definition of the types of legal responsibility for the violation of the right to freedom of creativity. As a result of the theoretical modeling of the evaluation of the effectiveness of the normative legal regulation of the right to creativity in Ukraine, it is proposed to amend the legislation. It is proved that Article 54 of the Constitution of Ukraine should be set out in the following wording: types of intellectual activity. Everyone is guaranteed the right to the results of his intellectual, creative activity; no one may use or distribute them without his or her consent, except as provided by law. The state contributes to the development of all kinds of creative activity, establishing appropriate ties of Ukraine with the world community. Cultural heritage is protected by law. The state ensures the preservation of historical monuments and other objects of cultural value, takes measures to return to Ukraine cultural values of the people who are beyond its borders. " It is substantiated that these changes will enhance the effectiveness of ensuring the right to freedom of creativity in terms of creating a scientifically sound system of legislation and its ability to ensure that the real needs and interests of the subjects of law are harmonized. The inconsistency of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities has been proved. There is a lack of effective socio-economic support for creators, creative unions and associations. It is substantiated that tendencies of socio-economic development should be directed to the development of science, technology, and culture. It is noted that the absence of a definition of the concept of academic responsibility in the legislation testifies to the lack of a clear definition of the types of legal responsibility for violations in the field of the right to creative work.

Guarantees of the rights of heirs in the imposition of non-material obligations on them by will

2021 ◽  
pp. 75-79
Author(s):  
A. Kiryk
Keyword(s):  
Property Rights ◽  
Civil Code ◽  
Property Relations ◽  
Intangible Benefits ◽  
The Will ◽  
Definition Of ◽  
The Right ◽  
The Cost ◽  
Mixed Property

The article examines the issue of assigning non-property obligations to testamentary heirs. Inheritance relations, for the most part, are property relations carried out by heirs through the performance of rights and obligations in respect of material assets left by the testator (apartments, land, cars, etc.). However, the civil legislation of Ukraine provides for a rule on the imposition of non-material obligations on the heirs. Since, according to the Civil Code of Ukraine, the inheritance consists only of property obligations, the testator, being deprived of the opportunity to transfer personal non-property rights and obligations to the heirs, has the right to oblige the heirs to perform non-property actions. It was found that the Laws of the XII Tables contained provisions that in the event of his death, the testator may dispose of non-property rights. n this context, it should be recognized that the views of those authors who believe that a will is not only a disposition of property, but also a disposition of other tangible or intangible benefits in the event of death, are successful. It has been established that the imposition of non-material duties to perform certain actions aimed at achieving a socially useful goal are separate testamentary dispositions. The classification of liabilities aimed at achieving a socially useful goal on property and non-property is substantiated. The definition of the concept of “socially useful activity” is offered. It is determined that posthumous orders of a non-property nature are of a mixed, property-nonproperty nature. It is established that the guarantee of the rights of heirs who are obliged to perform certain actions of a non-material nature is that the cost of these obligations should not exceed the value of the inherited property, and therefore the will will not have legal force if it does not have at least one property order.

CHARACTERISTICS OF THE REAL LEGAL BASIS FOR THE OWNERSHIP AND USE OF HOUSING

2021 ◽  
Vol 6 (6) ◽  
pp. 30
Author(s):  
Mukhayo Ashurova ◽  
Keyword(s):  
Family Members ◽  
Clear Definition ◽  
Legal Basis ◽  
The Real ◽  
Home Owner ◽  
Legal Structure ◽  
The Family ◽  
Definition Of ◽  
The Right

The right to own and use housing primarily belongs to the owner and his family members. When exercising their right to housing, the owner and his family members interact within the limits of their powers established by law. At the same time, when realizing the rights of these subjects to housing,there are certain legal constructions. If the owner exercises the right to own and use the house in accordance with thestructure of the ownership right, then the family members of the owner and other persons entitled to reside in the house have the right to usufruct. A usufruct structure is a material and legal structure for the use of housing, in which the user's right arises on the basis of objective norms established by law. Thus, the regulation of usufruct at the legislative level, a clear definition of the mutual rights and obligations of the home owner and his users serve to prevent various disputes thatmay arise

scholarly journals INSTITUTE OF ADMINISTRATIVE CLAIM: CURRENT STATE AND DEVELOPMENT PROSPECTS

2021 ◽  
pp. 28-34
Author(s):  
O. H. Kostromina ◽  
H. O. Babenko
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Administrative Claims ◽  
Administrative Procedure ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Right

An administrative claim is one of the main institutions of administrative justice. To understand the institution of an administrative claim as a complex legal structure covering the right of a person to apply to an administrative court with a request, it is necessary to clarify the concept, legal nature, types of administrative claim. The purpose of the article is the theoretical and legal characteristics of the categories of the institution of administrative proceedings, the definition of the concept, the definition of the essence and structure of an administrative claim, the criterion for its classification, making proposals aimed at improving the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a combination of general scientific and special methods of cognition. The research is based on the dialectical method of scientific cognition of the phenomena of reality in their development and interrelation. The achievement of certain research objectives led to the use of such methods as: the historical and legal method – when analyzing claims in administrative proceedings, the system analysis method made it possible to consider an administrative claim as a single system with its own structure and dynamics of development. The methods of analysis and synthesis, structural-functional, synergetic and other methods were also used, which made it possible to comprehensively explore the problematic aspects of understanding the institution of administrative claims. An administrative claim is understood as a material claim of the plaintiff for the protection of rights, freedoms and interests in public law relations, addressed to an administrative court. Various approaches to the classification of administrative requirements depending on the content are described. The internal structure of the administrative claim is described, in connection with which the provisions of the legislation are analyzed. The substantive and procedural aspects of the claim are highlighted. Analyzes the legal requirements for an administrative claim. It is noted that within the framework of administrative legislation, in particular in the Code of Administrative Procedure of Ukraine, the types of administrative requirements are not directly defined. It has been established that at the scientific and theoretical level, the main criteria for the classification of administrative claims are: the subject of an administrative claim, a method of procedural protection, a method of achieving procedural goals, the nature of material legal relations. The main tasks that an administrative claim solves as a procedural means of protecting rights, freedoms and interests in the field of public relations are determined.

scholarly journals THE PROBLEM OF APPLICATION OF THE LEGISLATION ON CONSIDERATION OF THE QUESTIONNAIRE OF THE INFRINGEMENT TO THE COURT

2019 ◽  
pp. 129-133 ◽  
Author(s):  
Ye. S. Vorobiei ◽  
Ye. A. Kobrusieva ◽  
S. S. Fedorishchev
Keyword(s):  
Legal Liability ◽  
Fair Trial ◽  
The State ◽  
Complete List ◽  
Clear Definition ◽  
Time Limits ◽  
Definition Of ◽  
The Right

The article deals with issues of disrespect to the court and the problems of the application of legislation aimed at preventing and terminating this phenomenon. Proposals for elimination of certain shortcomings of the current legislation are given. The approaches of scholars to the definition of “contempt of court” are analyzed and what enforcement measures are applied in accordance with the current legislation in case of committing administrative offenses of this category. The authors emphasize that today in the legislation of Ukraine there is no separate normative legal act that would determine the complete list of acts that fall under the definition of “disrespect to the court” and the range of responsible ones. It is shown that contempt of the court may be manifested both in the form of active actions and in the form of inactivity. Thus, active actions indicating disrespect for the court include the failure of the witness, the victim, the plaintiff, the defendant and other citizens to order the presiding judge, the violation of the order in the court, as well as the commission of any actions that indicate an obvious neglect of the court or established in court rules. The forms of inactivity include the absence of participants in the trial in court, which is one of the main reasons for the breach by the courts of Ukraine of time-limits for the consideration of cases of different categories by the courts of Ukraine. In general, the spread of disrespect to the court, the avoidance of guilty parties legal liability for such an offense, the lack of adequate premises for the courts, etc., lead to a failure by the Ukrainian state to fulfill its obligations to ensure the right to a fair trial. It is concluded that the state of respect for the courts and judges in Ukraine, in particular, is generally negative in Ukraine. The existing provisions of national law governing liability for disrespect to the court have rather modest forms of punishment. Therefore, in our opinion, it is expedient to further elaborate the outlined issues for a clear definition of the notion of “disrespect for the court” and the introduction of the rules of conduct of citizens in court common to all courts.

scholarly journals Terminology for describing normally sited and ectopic pregnancies on ultrasound: ESHRE recommendations for good practice

2020 ◽  
Vol 2020 (4) ◽  
Author(s):  
◽  
Emma Kirk ◽  
Pim Ankum ◽  
Attila Jakab ◽  
Nathalie Le Clef ◽  
...  
Keyword(s):  
Clinical Practice ◽  
Ectopic Pregnancy ◽  
Working Group ◽  
Good Practice ◽  
Clear Definition ◽  
Different Types ◽  
Ectopic Pregnancies ◽  
Definition Of ◽  
Comprehensive Classification

Abstract STUDY QUESTION What recommendations can be provided to improve terminology for normal and ectopic pregnancy description on ultrasound? SUMMARY ANSWER The present ESHRE document provides 17 consensus recommendations on how to describe normally sited and different types of ectopic pregnancies on ultrasound. WHAT IS KNOWN ALREADY Current diagnostic criteria stipulate that each type of ectopic pregnancy can be defined by clear anatomical landmarks which facilitates reaching a correct diagnosis. However, a clear definition of normally sited pregnancies and a comprehensive classification of ectopic pregnancies are still lacking. STUDY DESIGN, SIZE, DURATION A working group of members of the ESHRE Special Interest Group in Implantation and Early Pregnancy (SIG-IEP) and selected experts in ultrasound was formed in order to write recommendations on the classification of ectopic pregnancies. PARTICIPANTS/MATERIALS, SETTING, METHODS The working group included nine members of different nationalities with internationally recognised experience in ultrasound and diagnosis of ectopic pregnancies on ultrasound. This document is developed according to the manual for development of ESHRE recommendations for good practice. The recommendations were discussed until consensus by the working group, supported by a survey among the members of the ESHRE SIG-IEP. MAIN RESULTS AND THE ROLE OF CHANCE A clear definition of normally sited pregnancy on ultrasound scan is important to avoid misdiagnosis of uterine ectopic pregnancies. A comprehensive classification of ectopic pregnancy must include definitions and descriptions of each type of ectopic pregnancy. Only a classification which provides descriptions and diagnostic criteria for all possible locations of ectopic pregnancy would be fit for use in routine clinical practice. The working group formulated 17 recommendations on the diagnosis of the different types of ectopic pregnancies on ultrasound. In addition, for each of the types of ectopic pregnancy, a schematic representation and examples on 2D and 3D ultrasound are provided. LIMITATIONS, REASONS FOR CAUTION Owing to the limited evidence available, recommendations are mostly based on clinical and technical expertise. WIDER IMPLICATIONS OF THE FINDINGS This document is expected to have a significant impact on clinical practice in ultrasound for early pregnancy. The development of this terminology will help to reduce the risk of misdiagnosis and inappropriate treatment. STUDY FUNDING/COMPETING INTEREST(S) The meetings of the working group were funded by ESHRE. T.T. declares speakers’ fees from GE Healthcare. The other authors declare that they have no conflict of interest. TRIAL REGISTRATION NUMBER N/A DISCLAIMER This Good Practice Recommendations (GPR) document represents the views of ESHRE, which are the result of consensus between the relevant ESHRE stakeholders and where relevant based on the scientific evidence available at the time of preparation. ESHRE’s GPRs should be used for informational and educational purposes. They should not be interpreted as setting a standard of care or be deemed inclusive of all proper methods of care nor exclusive of other methods of care reasonably directed to obtaining the same results. They do not replace the need for application of clinical judgement to each individual presentation, nor variations based on locality and facility type. Furthermore, ESHRE’s GPRs do not constitute or imply the endorsement, recommendation or favouring of any of the included technologies by ESHRE.

Criminal Law Analysis of Iatrogenic Crimes and Practice of Applying the Norms of Criminal Law, Providing Responsibility for their Commission

2020 ◽  
Vol 2 (3) ◽  
pp. 33-61
Author(s):  
R. B. Ivanchenko ◽  
◽  
V. A. Zaryaev
Keyword(s):  
Criminal Law ◽  
Medical Errors ◽  
Criminal Code ◽  
Professional Activity ◽  
Scientific Publications ◽  
Expert Opinions ◽  
General Scientific ◽  
Definition Of ◽  
The Right

Introduction. Caring for the health of citizens is the most important task of any state, and the article 41 of the Constitution of Russia directly establishes the right of everyone to protection of health and medical care. Despite the noble and humane mission that medical workers are called upon to carry out, helping people and saving their lives, the problem of medical errors (iatrogenic) leading to tragic consequences has clearly indicated its presence recently. The high public danger of such phenomena causes the need for their criminal law assessment. The problems that arise in this case are connected, first of all, with a diverse understanding of the essence of medical errors and iatrogenic crimes, the lack of uniformity in the application of the criminal law establishing liability for their commission. Theoretical Basis. Methods. The article is based on the analysis of Russian and foreign criminal, administrative, civil legislation, court sentences and decisions, scientific publications in Russian and foreign publications. In addition, expert opinions, doctrinal ideas and opinions on the topics of this work were used. In the process of preparing the article, a number of general scientific and private scientific research methods were used. Results. The article discusses issues related to the specifics of the criminal law assessment of acts committed by medical workers in the process of professional activity. The positions of specialists are given regarding the definition of this specific group of crimes, the author’s vision is formulated on the classification of specific socially dangerous acts as “iatrogenic”. The current legislation in the field of health care is examined, which makes it possible to concretize the terminology used in the articles of the Russian Criminal Code providing liability for iatrogenic crimes. The judicial-investigative practice of applying the indicated norms of the criminal law is analyzed, the problems of qualification of such acts are revealed. Discussion and Conclusion. In conclusion, the authors differentiate such concepts as “medical error”, “accident”, “iatrogenic crime”, determine that the deliberate commission of an iatrogenic crime should be assessed either according to the rules on the circumstances that exclude the criminal act, or as a general criminal act; designate a circle of crimes defined as “iatrogenic”; come to the conclusion that the solution to the problem of counteraction to iatrogenic crimes cannot be associated with the intensification or expansion of criminal repression.

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