scholarly journals Adresat reklamy żywności. Wybrane problemy prawne

2020 ◽  
pp. 91-104
Author(s):  
Monika Łata

The aim of the considerations is to answer the question whether the existing legal regulations correctly identify and take into account the diversity of addressees of food advertising. The authoress concludes, among other things, that the current legal regulations do not identify or sufficiently differentiate the addressees of food advertising. The notion of “final consumer” from Regulation 178/2002 allows to cover both persons buying food and persons consuming food, which is crucial in the context of food law objectives. However, the protection of the consumer by information excludes from this group those who lack a sufficient level of awareness and mental maturity. The model of an average consumer developed by the CJEU also does not support correct identification of the addressee of food advertising. Therefore, it should be postulated to "differentiate the food consumer model" by constructing a more flexible definition of the final consumer or even a definition of the addressee of food advertising.

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Markus Hengstschläger ◽  
Margit Rosner

AbstractIt is known that in countries, in which basic research on human embryos is in fact prohibited by law, working with imported human embryonic stem cells (hESCs) can still be permitted. As long as hESCs are not capable of development into a complete human being, it might be the case that they do not fulfill all criteria of the local definition of an embryo. Recent research demonstrates that hESCs can be developed into entities, called embryoids, which increasingly could come closer to actual human embryos in future. By discussing the Austrian situation, we want to highlight that current embryoid research could affect the prevailing opinion on the legal status of work with hESCs and therefore calls for reassessment of the regulations in all countries with comparable definitions of the embryo.


Author(s):  
Barbara A. Ritter

The use of online technology and computer-mediated communication continues to increase dramatically in organizations, bringing with it new avenues for sexual harassment (SH). Online SH includes behavior that follows the traditional definition of SH, but involves the use of the Internet, an Intranet, or other computer technology. SH occurring online rather than face-toface is a phenomenon that began to appear in the literature during the mid-1990s. The unique atmosphere provided by the online environment led theorists to question how women would be treated (most victims are women) (Pryor, Giedd, & Williams, 1995; Pryor & Stoller, 1994) and to redefine the definition of SH to correspond with the emerging world of cyberspace. Indeed, it was quickly evident that the availability of alternate modes of communicating not only introduced alternate modes of SH, but also created an environment in which SH was easy and acceptable. Given the loose legal regulations governing online harassment, the responsibility is left to organizations to understand the new face of SH and provide guidelines to discourage inappropriate online behavior.


2016 ◽  
Vol 16 (2) ◽  
pp. 141 ◽  
Author(s):  
Łukasz Kułaga

The Use of Drones in Combating International Terrorism from the Perspective of ‘ius ad bellum’Summary The increasing practice of using armed unmanned aerial vehicles (military UAVs, commonly known as drones) by some countries to eliminate suspected terrorists raises a number of controversies from the perspective of international law. These controversies are also related to the specific features of military UAVs, which make it possible to kill targeted individuals without risk to the military personnel of the country concerned, and thereby may encourage the abusive interpretation of the applicable legal regulations. This article discusses these issues from the perspective of ius ad bellum, in particular the right to self-defence. It shows the main controversial points on the scope of invoking the right to self-defence in such cases, in particular the possibility of invoking the right to self-defence in response to an attack by a non-state entity, the question of pre-emptive self-defence, the importance of the severity of the force used as a condition allowing for the use of force in self-defence, and the relevance of the principles of proportionality and necessity. The article also presents an outline of the vast and highly controversial issues associated with the definition of terrorism from the point of view of international law.


2019 ◽  
Vol 5 (1) ◽  
pp. 126
Author(s):  
Oleksandr Mykolenko ◽  
Iryna Lychenko ◽  
Olena Klymiuk

The aim of the article is to analyse legal regulations and perspectives available in the specialized literature concerning financial and economic bases of the functioning of state executive bodies, which should be strengthened and formed according to one of the areas of administrative reform in Ukraine. The subject of the study is financial and economic bases of the functioning of state executive bodies: past, present, and prospects of improvement. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to analyse the legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies. The comparative legal method was used to improve the system of executive bodies and their authorities’ exercise. The system-structural method enabled to consider and identify the most negative effects of the insufficient financing of executive branch activities and the exercise of their authorities. The methods of grouping and classifying were the basis for the author’s approach to the identification of forms of financing state executive bodies. The technical legal method enabled to interrogate the state of affairs in financial and economic bases of the functioning of state executive bodies. The results of the study enabled to highlight the drivers of the improvement of forms of financing state executive bodies. Practical implications. In the study, scientific sources and legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies are interrogated. The article highlights that strengthening and forming new financial and economic bases of the functioning of state executive bodies have been provided for by one of the areas of the Concepts of Administrative Reform, which nowadays is implemented both at the legislative and law enforcement levels. It was concluded that the formation of new financial and economic bases of the functioning of state executive bodies failed. There is only modelling of certain forms of financing of state executive bodies, familiar to the history of the origin and development of these bodies. Therefore, financial and economic bases of the functioning of state executive bodies should be interrogated by representatives of both administrative and financial law not only from a historical perspective or from a modern perspective but also with a view to the future. Relevance/originality. The original author’s approach to the definition of financial and economic bases of the functioning of state executive bodies is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
André Philippi Gonzaga de Albuquerque ◽  
Fagner José Coutinho de Melo ◽  
Denise Dumke de Medeiros

Purpose The purpose of this study is to compare the results of customer satisfaction indices (SI) in the literature and to propose equations to show that the reverse attribute needs to be taken into account in these calculations owing to its impact on customer satisfaction. Design/methodology/approach To propose equations that take into account all types of quality attributes and in opposition to the models proposed by Berger (1993) and Wang (2013), in this work, a questionnaire adapted from the Kano model was developed, using the dimensions of the SERVQUAL model and applied to tourists who use the airline service. Data collection was carried out through social media, obtaining 694 responses. Findings The findings show that the attributes considered as reverse were linked to the delay in the service late check-in, delay in the dispatch of luggage, delay in on-board service and take-off delay, generating dissatisfaction among tourists. Moreover, the same database used to compare the results of the dissatisfaction indices of Berger (1993) and Wang (2013) showed inconsistencies reinforcing the gap that this research intends to close. After the proposal of the SI made by the authors of the present research it was possible to verify the confirmation regarding the definition of reverse attribute developed by the Kano model, reinforcing that the customer satisfaction decreases with the presence of reverse attribute. Originality/value The originality of this research seeks to contribute to the academic literature and organizational practices by investigating a gap in the SI proposed by Berger et al. (1993) for not inserting the reverse attributes and, later, studied by Wang (2013). Furthermore, this research uses the Kano questionnaire as an input to assist in the correct identification and evaluation of all attributes present in the service offered.


Genome ◽  
2021 ◽  
Author(s):  
Leonardo Tresoldi Gonçalves ◽  
Filipe Michels Bianchi ◽  
Maríndia Deprá ◽  
Cláudia Calegaro-Marques

Accurate taxonomic identifications and species delimitations are a fundamental problem in biology. The complex taxonomy of Nematoda is primarily based on morphology, which is often dubious. DNA barcoding emerged as a handy tool to identify specimens and assess diversity, but its applications in Nematoda are incipient. We evaluated cytochrome c oxidase subunit I (cox1) efficiency as a DNA barcode for nematodes scrutinising 5,241 sequences retrieved from BOLD and GenBank. The samples included genera with medical, agricultural, or ecological relevance: Anguillicola, Caenorhabditis, Heterodera, Meloidogyne, Onchocerca, Strongyloides, and Trichinella. We assessed cox1 performance through barcode gap and Probability of Correct Identification (PCI) analyses, and estimated species richness through Automatic Barcode Gap Discovery (ABGD). Each genus presented distinct gap ranges, mirroring the evolutionary diversity within Nematoda. Thus, to survey the diversity of the phylum, a careful definition of thresholds for lower taxonomic levels should be considered. PCIs were around 70% for both databases, highlighting operational biases and challenges in nematode taxonomy. ABGD inferred higher richness than the taxonomic labels informed by databases. The prevalence of specimen misidentifications and dubious species delimitations emphasise the value of integrative approaches to nematode taxonomy and systematics. Overall, cox1 is a relevant tool for integrative taxonomy of nematodes.


2020 ◽  
Vol XIV ◽  
pp. 1-2
Author(s):  
Piotr Mickiewicz

The 21st century rivalry of the maritime powers took the form of substitute activities. These are military incidents, control, or seizure of a shipping entity, and activities that threaten shipping itself. This determines the state of maritime security of Poland, because the Baltic has become one of the areas of its conduct. The adopted form of importing energy carriers along with the forming an alliance with the US construction of the alliance with the USA creates the possibility of taking hostile actions against it. It is necessary to adapt the form of operation of the Polish Navy to these threats. Based on the analysis of international, and national legal regulations, strategic documents of maritime powers, and applied forms of maritime activity, the scope of changes in Polish maritime policy was determined. Modifications of the definition of terms maritime piracy and unlawful assault at sea in Polish legal regulations were considered necessary, they should also include activities of maritime terrorism, subversion and sabotage of offshore facilities and installations, as well as ships operating. The principle of linking defense tasks against the sea attack, and maintaining navigation continuity was proposed as an element determining the construction method of the Polish Navy and the scope of combat training. On this basis, its combat potential and scope of training were determined. It should cover four areas (preparation for defense operations, combating nontraditional risks, how to respond to provocative, and criminal activities).


Author(s):  
Denis Bobrovnyk

The article is devoted to the study of topical issues of definition, understanding and possible realization of the globalist potentialof the territorial community.It is argued that local self-government and territorial community, firstly, are the direct subject of globalization, because they areinfluenced by its factors and species blocks (economic, political, legal, etc.), and secondly, they act as the final consumer of its benefits– the beneficiaries, and the direct or indirect object of its negative phenomena (global, regional and domestic economic crisis dueto the pandemic COVID-19, and related unemployment, closure of enterprises, delays in payment of wages salaries, pensions and othersocial benefits, sequestration of social articles of the state and local budgets, etc.); in addition, thirdly, when applied directly to locallife, they are the relevant user, producer and reproducer of its achievements, actively using them to organize their life cycle or relyingon the influence of global factors on their daily lives.It is proved that the definition of a complex system-complex phenomenology of the globalist potential of the territorial communityis due to the fact that, firstly, it is simultaneously related to domestic – municipal and constitutional law, as well as systems of generalinternational law and international relations; secondly, it has not yet been properly reflected in the science of municipal and internationallaw, although some domestic and foreign scholars and international experts have touched on this issue in an attempt to focuson this phenomenon (phenomenon), which is mostly evaluative. nature.It is established that determining the global potential of the territorial community, it should be understood that it is based on theknowledge, skills and abilities of its members, as well as formed by local governments (representative and executive), including allother bodies and subjects of the local system. self-government – to protect the existential guidelines for the existence, functioning anddevelopment of territorial community in the face of global influences and changes, taking into account its own individual and groupand collective cooperation opportunities both at the level of its own state and abroad, historical and geographical identity, guidelinesfor individual and collective mentality, appropriate sustainable forms of social life and social practice, based on the relevant moral andethical values of community.


2016 ◽  
Vol 7 (4) ◽  
pp. 215-228
Author(s):  
Pavel Kotlán

Abstract This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of legal persons. After defining the liability of legal persons in the relevant legal regulations, the paper presents an interpretation of subsidiarity in Section 12(2) of the Criminal Code that is significantly different from the “official” opinion. Subsequently, the paper discusses certain criminal law situations in which the application of subsidiarity would lead to the conclusion that the legal person is not punishable (“non-criminality”). The first aim was thus to present the theoretical concept of subsidiarity of criminal repression, which would be methodologically correct, and therefore generally applicable. The second objective was directed at demonstrating that this construct can be applied to specific examples of the liability of legal persons, that is, that it can be applied to the activities of the bodies in charge of criminal proceedings.


2014 ◽  
Vol 8 (1) ◽  
pp. 104-108
Author(s):  
Iosif Florin Moldovan

The family is a biological reality entailed by the union between a man and a womanand by procreation; it is a social reality, given the community of life between the spouses,between parents and children and, generally, between the family members; last but not least,it is a legal reality, by way of the legal regulations regarding the family.In a narrow sense, the notion of the family includes the spouses and their minorchildren. In a broader sense, the notion of the family would mean the genealogical tree thatincludes the totality of the persons descended from a common author, to whom are added thespouses of those persons.A precise and rigorous definition of the notion of family is hindered by manydifficulties, simply because it is an object of research in various and numerous sciences,such as sociology, psychology, law, medicine, etc., each trying to capture its characteristicaspects from their particular angles. The motivation? The legislators themselves are notconsistent in establishing a legal definition of the family, providing this notion with an arrayof different meanings.In this paper, we will attempt to outline and account for these realities of the familyfrom a legal standpoint, as evinced by various statutory regulations in this field.


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