scholarly journals Zagadnienia konstrukcyjne umów publicznoprawnych

2019 ◽  
pp. 139-157
Author(s):  
Lucyna Staniszewska
Keyword(s):  
Public Law ◽  
Legal Provisions ◽  
Legal Relationship ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
Administrative Body ◽  
Legal Forms

The formulation of legal provisions by the administration does not have to take the form of administrative decisions. One of the legal forms of the administration is public-law contracts. This is one of the forms of administration which still requires a further scientific analysis. Contracts are useful instruments, and therefore it may be worth looking at their different types and construction. They may be classified according to the parties to the legal relationship created. There are two types of contracts, i.e. between admin­istrative bodies and between an administrative body and an entity. The doctrine refers to contracts of the latter type as administrative and legal agreements. Such agreements have developed in the Polish legal order after the systemic changes. Unfortunately, the legislator has not provided their legal definition, they are regu­lated in special laws, most often by indicating contractual provisions constituting essentialia negotii. The doctrine does not explicitly define the character of the con­tracts concluded by the administrative body and its contractor, nor has the final characteristics of the content of contracts in the administration as a whole been made. There is still a lack of consensus as to the construction of public law contracts and the rules governing them. There is an urgent need to regulate the essence of administrative contracts, and in particular to indicate their construction and legal nature, in order to better protect legal entities entering into them. The purpose of public-law contracts is to improve the quality of administration, and increase the efficiency of administrative activities. More administrative contracts also mean higher decentralisation of the state. Moreover, the idea of extending the use of public-law contracts is consistent with the principle of the participatory role of citizens in achieving public effects. The Polish legislator may draw on the regulations of other countries, for instance Germany, where public-law contracts have received legal definitions.

scholarly journals Threat or Corrective? Assessing the Impact of Populist Parties in Government on the Qualities of Democracy: A 19-Country Comparison

2021 ◽  
pp. 1-21
Author(s):  
Davide Vittori
Keyword(s):  
Negative Impact ◽  
Quality Of Democracy ◽  
Clear Cut ◽  
Liberal Democratic ◽  
Country Comparison ◽  
Democratic Regimes ◽  
Different Types ◽  
The Impact

Abstract Scholars have long debated whether populism harms or improves the quality of democracy. This article contributes to this debate by focusing on the impact of populist parties in government. In particular, it inquires: (1) whether populists in government are more likely than non-populists to negatively affect the quality of democracies; (2) whether the role of populists in government matters; and (3) which type of populism is expected to negatively affect the quality of liberal-democratic regimes. The results find strong evidence that the role of populists in government affects several qualities of democracy. While robust, the findings related to (2) are less clear-cut than those pertaining to (1). Finally, regardless of their role in government, different types of populism have different impacts on the qualities of democracy. The results show that exclusionary populist parties in government tend to have more of a negative impact than other forms of populism.

CONCEPT AND TYPES OF MEDIATION SET FORTH IN THE LEGISLATION AND EXPOUNDED IN THE LEGAL DOCTRINE IN RUSSIA, FRANCE, SPAIN, AND THE USA

2021 ◽  
Vol 10 (6) ◽  
pp. 137-176
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
V.S. NOVIKOV ◽  
S.V. KHOKHLACHEVA
Keyword(s):  
Legal Analysis ◽  
Legal Doctrine ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
The Usa ◽  
Similarities And Differences ◽  
Common Understanding

This article presents a scientific analysis of mediation based on legislation and legal doctrine of Russia, France, Spain, and the USA. This paper also explores different types of mediation. The concept and types of mediation have been researched repeatedly by scholars. However, a common understanding has not yet been achieved. The authors of the article carry out a comparative legal analysis of the concept and types of meditation in Russia, France, Spain, and the USA. The purpose of this article is to determine the legal nature and essential features of institute of mediation through the analysis of its various definitions set forth in the legislation and expounded in the respective legal doctrine in Russia, France, Spain, and the USA; to identify existing similarities and differences between those definitions and to carry out a comparative legal analysis of different types of mediation.

Exploring the learning potential of models with secondary school EFL learners

2019 ◽  
Vol 32 (1) ◽  
pp. 155-184
Author(s):  
Félix Montealegre Ramón
Keyword(s):  
Secondary School ◽  
Corrective Feedback ◽  
Learning Potential ◽  
Efl Learners ◽  
Different Types ◽  
Stage 1 ◽  
Model Texts ◽  
Writing Task

Abstract The role of Corrective Feedback (CF) in the process of acquiring a second language (L2) has been deemed an issue of controversy among theorists and researchers alike. In this empirical study, the objective is to investigate the quality of EFL learners’ processing of feedback employing models and different types of noticing (perfunctory or substantive [Qi & Lapkin, 2001]). The study was carried out with 13- and 14-year-old learners placed in two groups and engaged in a three-stage writing task that included composing a picture-based story (Stage 1), comparing their texts with a model (Stage 2), and rewriting the story (Stage 3). The groups differed in the way they were prompted to process the model text. The findings indicate that there are no differences between the two feedback groups within stages. All the participants increased the number of features reported across stages regardless of the feedback condition. The employment of a model text provided the students with alternative features related to lexis, form, and ideas. The potential effects of model texts and types of noticing on L2 learners’ language development are discussed.

A Gender-Based Incidence Study of Workplace Violence in Psychiatric and Forensic Settings

2007 ◽  
Vol 22 (4) ◽  
pp. 449-462 ◽  
Author(s):  
Mary A. Hatch-Maillette ◽  
Mario J. Scalora ◽  
Shannon M. Bader ◽  
Brian H. Bornstein
Keyword(s):  
Staff Training ◽  
Workplace Violence ◽  
Limited Data ◽  
Situational Variables ◽  
Organizational Benefits ◽  
Different Types ◽  
Forensic Inpatient ◽  
Gender Based

Limited data exist analyzing the role of gender in workplace violence in health care settings. This study examined whether different types of threatening incidents with patients (physical, verbal, sexual, or posturing) were salient to male versus female staff across psychiatric settings (inpatient forensic, inpatient acute/chronic psychiatric, and outpatient psychiatric). Results indicated that although women disproportionately experienced sexualized threats, they were not more likely to report such incidents as salient and threatening. The study also assessed the extent to which situational variables contributed to staff’s feelings of threat. Results showed that rapport with the patient, quality of relationships with coworkers, and presence of coworkers in the area were not significantly related to how threatened staff felt in a recent threatening incident. Findings are discussed within the context of staff training and organizational benefits.

scholarly journals Responsibility of a Host State in Transnational Investment Disputes

2018 ◽  
Vol 9 (1) ◽  
pp. 139
Author(s):  
Valeriy Nikolayevich LISITSA
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Rights ◽  
Soft Law ◽  
Commercial Arbitration ◽  
Foreign Investors ◽  
Host State ◽  
Legal Relationship ◽  
Legal Nature ◽  
Investment Law

The article seeks to define the legal nature of the responsibility of a host state in transnational investment disputes. It considers numerous rules (treaties, national law, customs, soft law, etc.) and their application within a domestic legal system to ensure the proper implementation of civil and other legal rights and obligations of host states and foreign investors. It is argued that the involvement of foreign investors and host states in international commercial arbitration, including the ICSID, and the application of international law (along with national law) as a legal ground for the payment of compensation, do not change the nature of the existing legal relationship between the parties of the investment dispute. The responsibility of the host state to the foreign investor expressed in the state’s obligation to pay damages (compensation) remains in the private, rather than international public law sphere. In conditions of lack of proper rules of investment law states should not stand aside from the present process of making such rules by non-state actors. This situation detracts from the treaty as a major source of international law, sometimes does not correspond to the interests of host states and moreover may threaten their sovereignty.

scholarly journals The Role of Local Materials in Creating A Meaningful Visual Experiences in Urban Public Facilities

2019 ◽  
Vol 266 ◽  
pp. 06014
Author(s):  
Triandriani Mustikawati ◽  
Maria M.C Sengke ◽  
Paramita Atmodiwirjo ◽  
Yandi Andri Yatmo
Keyword(s):  
Architectural Design ◽  
Spatial Configuration ◽  
Field Studies ◽  
Public Facilities ◽  
Local Material ◽  
Different Types ◽  
3D Software ◽  
Local Materials

This paper discusses visibility potential of local material products that are used as part of architectural spaces. Knowing the visibility potential of local materials is essential to create visual clarity that supports the ease of spatial orientation and navigation and provides a meaningful visual experience in urban public facilities. This study aims at finding the property quality of objects from local materials that contribute to the visibility potential. Field studies were conducted to identify different types of products from local materials and their characteristics associated with the quality of space experience. The visibility analysis using 3D software program then was carried out by simulating the placement of objects as elements of space in a particular spatial configuration. The result reveals several patterns of possible placement of objects from local materials that have the best potential to enhance visibility. These patterns can add to the alternative vocabulary in architectural design.

8. Adoption

2020 ◽  
pp. 146-165
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Human Rights ◽  
Parental Consent ◽  
Parental Responsibility ◽  
Local Authorities ◽  
Essential Information ◽  
Birth Parents ◽  
Legal Relationship ◽  
Adoption Agency ◽  
Different Types

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on adoption as a means to terminate the legal relationship between a child and their birth parents. It considers the human rights aspects of adoption and different types of adoption and discusses adoption proceedings in England and Wales under the Adoption and Children Act 2002. The chapter then explains the role of local authorities and adoption agencies under section 2 of the Adoption and Children Act 2002, and placement for adoption, parental responsibility, and parental consent. It also highlights the welfare of children as considered by an adoption agency or a court when making a decision affecting the child. Finally, the chapter examines alternative orders: child arrangements order, parental responsibility, special guardianship order, and no order. This edition now includes reference to the Special Guardianship (Amendment) Regulations 2016.

scholarly journals The Impact of Autoantibodies on IVF Treatment and Outcome: A Systematic Review

2019 ◽  
Vol 20 (4) ◽  
pp. 892 ◽  
Author(s):  
Mara Simopoulou ◽  
Konstantinos Sfakianoudis ◽  
Evangelos Maziotis ◽  
Sokratis Grigoriadis ◽  
Polina Giannelou ◽  
...  
Keyword(s):  
Systematic Review ◽  
Inclusion Criteria ◽  
Vitro Fertilization ◽  
Different Types ◽  
Significant Research ◽  
Central Database ◽  
The Impact

The role of autoantibodies in in vitro fertilization (IVF) has been discussed for almost three decades. Nonetheless, studies are still scarce and widely controversial. The aim of this study is to provide a comprehensive systematic review on the possible complications associated to autoantibodies (AA) impeding the chances of a successful IVF cycle. An Embase, PubMed/Medline and Cochrane Central Database search was performed on 1 December 2018, from 2006 until that date. From the 598 articles yielded in the search only 44 relevant articles ultimately fulfilled the inclusion criteria and were qualitatively analyzed. Five subsets of results were identified, namely, thyroid related AA, anti-phospholipid antibodies, anti-nuclear antibodies, AA affecting the reproductive system and AA related to celiac disease. It may be implied that the majority of auto-antibodies exert a statistically significant effect on miscarriage rates, whereas the effects on clinical pregnancy and live birth rates differ according to the type of auto-antibodies. While significant research is performed in the field, the quality of evidence provided is still low. The conduction of well-designed prospective cohort studies is an absolute necessity in order to define the impact of the different types of autoantibodies on IVF outcome.

scholarly journals ADULT EDUCATION: BENEFITS, OBSTACLES, PRIORITIES

2020 ◽  
pp. 95-102
Author(s):  
Oleksandra Liashenko ◽  
Keyword(s):  
Adult Education ◽  
Semantic Analysis ◽  
Developed Countries ◽  
Education Benefits ◽  
Economic Progress ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
Economic Capacity

One of the challenges of the 21st century is changing the requirements for adult education.The system of adult education becomes especially relevant because the quality of human capital is on the agenda, development of personality, man as the center of development of society, which must constantly develop and improve. The aim of the article is to identify the advantages and prospects of adult education. Мethods of research: scientific analysis and synthesis, semantic analysis in combination with the use of Google Trends and Ahrefs search tools, comparative analysis, expert method. Adult education is a phenomenon characteristic of the highly developed countries of the world. The expediency of its development is a well-known fact, as the vast majority of countries in some sense owe their technological, socio-cultural, and economic progress to adult education. Adult education is an important civilized (non-violent, humanistic, and democratic) factor in the harmonization of relations. The fundamental role of adult education in increasing economic capacity and strengthening democratic values must be recognized at all levels. From here there is a need to identify the advantages, obstacles, and prospects of adult education in Ukraine.

scholarly journals Stosunek administracyjnoprawny w niemieckiej doktrynie prawa publicznego

2020 ◽  
pp. 27-47
Author(s):  
Paweł Sancewicz
Keyword(s):  
German Literature ◽  
German Law ◽  
Administrative Law ◽  
Public Law ◽  
Legal Relationship ◽  
Legal Situation ◽  
Vital Component ◽  
Legal Forms ◽  
Polish Law

The notion of the administrative-legal relationship is the basis of the dogmatics of Polish administrative law. Over the years, the doctrinal framework of this concept has been established by the doctrine of public law. At the same time, an extremely fruitful dogmatics discussion about this concept both in German law and practice has taken place. Therefore, the article attempts to present discoveries of the German doctrine of public law in this area. The review of the German literature conducted in the article shows that, despite some disputes, the German authors currently believe that the administrative-legal relationship is a useful tool for the analysis of rights and obligations in comprehensive legal relations, as well as cooperative frameworks. Contemporary German scholars, who do not distinguish the concept of a legal situation, unlike in Poland, believe that as part of the modernization processes in administration, the concept of the administrative-legal relationship can be used to solve complex legal issues.The above-mentioned discoveries made by German scholars could act as significant inspiration for the Polish doctrine of public law, especially in the context of the draft to introduce an administrative agreement into Polish law. Of particular importance here is the fact that in Germany there is a different system of the legal forms of administration activity, of which an administrative agreement is a vital component. It is indicated in the paper that Polish scholars see the possibility of describing complex legal constructions by the notion of the administrative-legal relationship in the simultaneous or complementary use of the concept of the administrative-legal situation. One should consider whether the same or better effects cannot be achieved much more easily, namely by modifying the understanding in the doctrine of the notion of administrative-legal relationship, more appropriate to the analysis of cooperative frameworks in administration.

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