scholarly journals The Importance of the Admissibility of Evidence in Lithuanian Civil Procedure

Teisė ◽  
2021 ◽  
Vol 119 ◽  
pp. 105-117
Author(s):  
Jurgis Bartkus

The article analyses the importance of the admissibility of evidence in Lithuanian civil proceedings. The analysis of various sources of law allows to link the admissibility of evidence in civil proceedings not only with one of the features of evidence, but also with the objectives of this institute in civil proceedings: ensuring the quality of proof, the cost-efficient process, a fair and just trial, and other values.The reduction of the importance of the admissibility of evidence is essentially influenced by aspects related to the whole evidentiary process – the principle of free evaluation of evidence, the purpose of determination of material truth, and procedural norms establishing the judge as the final assessor of admissibility of evidence and facts. The objectives of the admissibility of evidence in civil proceedings make it necessary to find possible solutions that ensure a more appropriate relationship between the admissibility of evidence and the reasons of its importance.

2020 ◽  
Vol 166 ◽  
pp. 02004
Author(s):  
Volodymyr Peregudov ◽  
Ihor Hryhoriev ◽  
Serhii Joukov ◽  
Yulian Hryhoriev

Further development of the open mining works on the domestic enterprises will be accompanied by the worsening of mining-geological conditions and declining of the quality of iron ore raw materials. In the same time, the accumulated mining wastes, that can make the technogenic deposits, pass into one of the important sources of the mineral raw materials. Taking into account this thing, the development and implementation of the modern technological circuits of the technogenic deposit development is an actual calling for mining industry, and determination and optimization of process conditions of the technogenic deposit development – is the scientific task of this publication. The obtained results of studies of the optimum step value of the ore chute transfer during the technogenic deposit development can be used by design organizations and mining enterprises for designing works. The obtained methodology and the proposed mathematical dependencies will reduce the cost of mining of the technogenic deposit due to the reasonable timely transfer of the open ore chute.


2021 ◽  
Vol 23 (1) ◽  
pp. 236-245
Author(s):  
T. Dudnyk ◽  
L. Chintea

Currently, forensic methods and regulations in the field of construction do not explain how quality of work affects the procedure of forensic examinations and research related to determining the work scope. While carrying out building and renovation services, it is possible to control provided construction and renovation services,  establish their physical volume and quality. While research, forensic expert can identify violations of building codes, as well as determine the cost of refurbishment or elimination of defects made providing services. The scoop of performed works is determined by geometric parameters of construction elements, established during field surveys using design and as-built documentation. While carrying out field surveys, it is necessary (along with the determination of service scope) to pay attention to the compliance of the work performed with the requirements of building codes. The article outlines problematic issues and provides a list of basic indicators determining the scoop and quality of the construction works carried out, indicated in the reporting documentation drawn up by contractors based on results of activities in the field of construction. Actual issue arising in the establishment of the scoop and cost of construction work is considered  that quality does not meet the requirements of regulatory documents in the field of construction. It is explained how the quality of the work performed affects the results of research related to the determination of the actually completed volumes of repair, building and renovation and construction work.


2017 ◽  
Vol 17 ◽  
pp. 351-359
Author(s):  
О. S. Obolentseva-Krasivska

Flowers, ornamental plants, planting material (saplings) and other plants with regard to which the market with possibility of carrying out independent adequate marketing was formed, are the subject of evaluation by the experts in field of forensic merchandising. With the development of the market and market relations such goods as flowers, planting material and others are increasingly encashed in the market of Ukraine and become the objects of forensic merchandising examinations and expert researches. Special feature of merchandising researches of the plant origin objects is the use of the comprehensive approach to the estimation of their quality and cost. Researches are carried out with the purpose of determination of properties, consumer value, conformity to standards and specifications of plants certain kinds. When studying a considerable variety of flower plants, one distinguishes scientific and industrial classifications. In merchandising flowers industrial classification of flower ornamental plants which provides distribution of flower plants to the separate groups similar on biological properties, the agricultural technician of cultivation and practical application in gardening is used. During carrying out merchandising examinations on an establishment of consumer properties of certain kinds plants, namely establishments organoleptic indicators of quality and quantity of flower decorative production given for research, the expert checks conformity of this production to requirements of normative and technical documents. Requirements to quality of flower production are normalised by standards depending on production kind – cutf lowers, pottery blossoming plants, pottery decorative sheet plants, sprouts of flower decorative production, planting material, seeds of flower ornamental plants. At carrying out merchandising researches of flower decorative production, plants and saplings it’s necessary for merchandising experts to pay special attention on definition of quality indicators and a grade of plants according to standards, and also to consider data concerning age of a plant, novelty of a grade and origin country of production.


Author(s):  
Jon D Hill

Abstract Summary Voice assistants have become increasingly embedded in consumer electronics, as the quality of their interaction improves and the cost of hardware continues to drop. Despite their ubiquity, these assistants remain underutilized as a means of accessing biological research data. Gene Teller is a voice assistant service based on the Alexa Skills Kit and Amazon Lambda functions that enables scientists to query for gene-centric information in an intuitive manner. It includes several features, such as synonym disambiguation and short-term memory, that enable a natural conversational interaction, and is extensible to include new resources. The underlying architecture, based on Simple Storage Service and Amazon Web Services Lambda, is cost efficient and scalable. Availability and implementation A publicly accessible version of Gene Teller is available as an Alexa Skill from the Amazon Marketplace at https://www.amazon.com/dp/B08BRD8SS8. The source code is freely available on GitHub at https://github.com/solinvicta/geneTeller.


2018 ◽  
Vol 6 ◽  
pp. 916-921
Author(s):  
Antonia Kondova ◽  
Anna Todorova ◽  
Antoaneta Tsvetkova ◽  
Kalina Andreevska ◽  
Daniela Grekova ◽  
...  

Introduction: Depression is the most common form of mental disorder of great social significance. Antidepressant treatment is a standard approach to treat depressed patients, but in order to be effective, patients need to follow their strictly prescribed treatments. Bad compliances are mostly associated with side effects, poor patient awareness, comorbidity of the disease, and a lack of communication with healthcare professionals.Objectives: The aim is to investigate the level of adherence to the therapy of patients with a diagnosed depressive condition.Methods: In order to achieve this aim, a survey was conducted among 120 patients with diagnosed depression when receiving their prescribed drugs from a pharmacy. Determination of patient`s adherence was done using the Morriski test- as well as a short questionnaire in parallel as a validated tool giving a clear idea of the degree of adherence to therapy.Results: The results show that the patients under study exhibited unsatisfactory adherence to the assigned therapy. The total coefficient for the entire population is 1.68. Compared with the reference values (0-4), patients were found to have 42% adherence.Conclusions: Inadequate adherence to therapy leads to a worsening of the condition of patients with depression while also increasing the cost of health care. A number of approaches are required such as patient education, quality communication between doctors, patients and pharmacists, socio-economic measures to change patient's beliefs and perceptions of treatment, and to improve adherence to the therapy and quality of life of patients suffering from depression.


2019 ◽  
Vol 19 (2) ◽  
pp. 10-16
Author(s):  
O. M. M. ZHELOBKOVA ◽  
G. N. STANKEVYCH

In enterprises with limited capacities and a low-powered grain drying facilities there is a problem of economical and reliable storage of dry, wet and moist grains. One of the options for its successful solution is the application of grain storage technology in silo bags, tested in many enterprises, the basic principle of which is based on the self-preservation of grain under hermetic conditions in an environment of carbon dioxide. To implement this technology, it is necessary to determine the suitability of the batch of grain for loading in the silo bags on the basis of an operational analysis of the grain quality. After loading the grain, the silo bags are sealed, the grain mass is stored for a certain time and then unloaded. After many years of industrial testing of grain storage technology in silobags, recommendations have been developed that allow to ensure the quantity and proper quality of grain in the process of implementation of the technology. To do this, it is provided to carry out a whole range of activities - personnel training, the selection and preparation of a storage area for grain, deratization, the determination of the quality of grain at all stages and a safe shelf-life, depending on the condition of the grain, weighing of the grain; loading silo bags and placing them on the site; drawing of marks for identification of silobags; monitoring of the state of silo bags and grain and the restoration of the integrity of the silo bags throughout the storage period; accounting for grain in the silobags; processing of unconditioned grain; object protection, final analysis of the work performed, identify problems and ways to solve them. The storage site for grain in the silo bags must be cleaned of stubble and grass, sharp objects, grain residues, solid hardwood or the most densely packed soil (the clay surface is undesirable, as precipitation makes imposible laying and unloading of silobags), ensure no stagnation of water during rains and melting snow, provide the possibility of free movement of special equipment on the site. It must be deratized and fenced with a mesh with small openings, a height of at least 1 m and dipped. The analysis of the characteristics of three-layer silobags showed that to optimize the storage of dry grain, it is advisable to use the largest silobags of 90 m in length, since they have a larger capacity, there will be less time spent on dressing and sealing the silobags, saving space between the silo bags lying along one another , there will be less length of silobags to go for tying, as well as saving money on the cost of silobags, the cost of working time and fuel (decreases the number of transfers of special equipment). It is advisable to take into account the possibility of unloading the sleeve during one shift. At all stages (loading, storage, unloading) the determination of the quality of grain, monitoring the condition and restoring the integrity of the silo bags checking the sanitary condition of the site and the presence of baits should be carried out. Precautions should be observed, grain accounting, working with non-standard grain and final analysis of grain storage results should be carried out.


Author(s):  
O. Ugrunovska ◽  
◽  
V. Sichka ◽  

The article investigates the institute of reimbursement of expenses for professional legal assistance in civil proceedings of Ukraine from the point of view of completeness of its regulation in normative-legal acts of Ukraine. Within the framework of this work, the authors analyze all the constituent elements of successful reimbursement of the costs of professional legal assistance, highlight their features and analyze the practice of the Supreme Court on this issue. Taking into account the case law, the criteria for determining the amount of costs for professional legal assistance in civil proceedings in Ukraine are disclosed. Some features of reimbursement of the success fee, reduction of the costs of professional legal assistance and their distribution based on the results of the case are analyzed. Thus, attention is drawn to the fact that the success fee is reimbursable subject to compliance with the criteria of proportionality in determining its size. Based on the results of the study, it was concluded that in order to reduce the cost of professional legal assistance, it is necessary for the other party to apply for a reduction in their size, and for a guaranteed distribution, a preliminary calculation of such costs must be submitted. An opinion was formulated on the role and place of the court in reducing and allocating the costs of professional legal assistance, particular attention was drawn to the fact that during this process the court should act exclusively as an independent arbitrator. Particular attention is paid to the process of proving and documenting the costs of professional legal assistance in a particular court case. The position of courts on the evaluation of evidence on the availability of costs for professional legal assistance in each case is highlighted.


2021 ◽  
Vol 10 (6) ◽  
pp. 193-223
Author(s):  
V.O. PUCHKOV

The article examines the issue of the procedural status of various aliens (individuals and legal entities, international organizations and states) in the international civil procedure of Russia and the United States of America. The author comes to conclusion that the determination of the composition of the parties of international commercial dispute (as well as the qualification of their claims and forms of legal protection) should be determined on the basis of lex (processualis) causae, reflecting the essence of the substantive disputed relationship and the peculiarities of its qualifications from the point of view of national law. The study analyzes the features of the procedural position of specific categories of actors (individuals and legal entities, international organizations and states), as well as persons facilitating justice in international commercial disputes. The article states that the limits of foreign procedural law application to the procedural status of an alien in Russian civil proceedings is mediated by his connection with the essence of the substantive disputed relationship. Depending on the nature of such a connection, the author proposes to divide aliens as actors of international civil procedure into two groups: persons directly related to the disputed legal relationship and, therefore, subordinate lex processualis personalis (parties, third parties and their representatives) and persons, communication which with a controversial legal relationship is of an indirect nature and the procedural status of which is therefore regulated by lex fori (witnesses, experts, specialists and translators). Also, the study pays attention to the problems of jurisdictional immunity of a foreign state and conflict aspects of fraudulent joinder.


Author(s):  
Murat Akkaya

Financial innovation offers cheaper and available services to financial system and it increases quality of service and products in a long run. The functions of financial innovation are decrease in the cost of payments and increase in the speed of determination of fraud, mechanism for the pooling of funds, management of uncertainty and controlling of risk, manages agency costs, and enhancement of liquidity. Technology contributes to the design and pricing of new instruments and facilitates the identification, measurement, and monitoring of risks in portfolios containing complex instruments. Innovation research has shown that the increase in countries' innovation performance plays a key role in economic and social development, prosperity, and development. Financial innovation is the most important driving force for the transition to the information economy. Globalization and global competition require innovation. Hence, the future is mobile and should be innovative.


2020 ◽  
Vol 8 (3) ◽  
pp. 33
Author(s):  
Akihiko Sakamoto ◽  
Takeshi Uemura ◽  
Yusuke Terui ◽  
Madoka Yoshida ◽  
Kazumasa Fukuda ◽  
...  

We previously observed an inverse correlation between stroke and urinary 3-hydroxypropyl mercapturic acid (3-HPMA), an acrolein-glutathione metabolite, through its measurement by liquid chromatography with tandem mass spectrometry (LC-MS/MS). However, the cost of equipment for LC-MS/MS and its maintenance fee is very expensive and a cost-efficient method is required. In this study, we have developed a sensitive enzyme-linked immunosorbent assay (ELISA) system to measure 3-HPMA using a chicken antibody recognizing 3-HPMA-conjugated chicken albumin as antigen. Linearity to measure 3-HPMA was obtained from 0 to 10 μM, indicating that this ELISA system is useful for measurement of urine 3-HPMA. It was confirmed that 3-HPMA in urine of stroke patients decreased significantly compared with that of control subjects using the ELISA system. Using the ELISA kit, it became possible to evaluate the risk of brain stroke by not only plasma but also by urine. These results confirm that shortage of glutathione to detoxify acrolein is one of the major causes of stroke incidence. Our method contributes to maintenance of quality of life (QOL) of the elderly.


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