scholarly journals INTERNATIONAL STANDARDS FOR THE FORMATION OF THE CORPS OF JUDGES AS THE BASIS OF IMPROVING THE GUARANTEES OF INDEPENDENCE OF THE COURT AND JUDGES

2020 ◽  
pp. 52-56
Author(s):  
P. V. Horinov
Keyword(s):  
International Standards ◽  
The Other ◽  
Court Cases ◽  
General Characterization ◽  
Administrative Procedures ◽  
The Subject ◽  
The Law ◽  
Selection Of

The article is devoted to the general characterization of the international standards for the formation of the corps of judges and the corresponding administrative procedures as a basis for improving the guarantees of independence of the court and judges, to determine on this basis the key ways of introducing these standards into the domestic system of legislation in order to resolve specific and specific other issues. It is substantiated that it is expedient to organize the international standards of formation of the corps of judges in the context of guaranteeing the independence of the court and judges according to the criterion of the object of their influence. According to this criterion, standards were identified concerning: recruitment of judges; staffing the subject of appointment of judges to positions; training of judges; guarantees during the service. In the course of the study, it was determined that in order to specify the notion of substantial disciplinary misconduct as a circumstance, which makes it impossible to appoint a judge, it is advisable to amend the Law «Оn the Judiciary and Status of Judges»: to supplement part 4 of Article 69 with paragraph 2, in which to specify the notion of substantial discipline misdemeanor as a circumstance, which makes it impossible to appoint a judge; amend Article 69, paragraph 4, after the words «for committing a material disciplinary offense» by the words «except as provided in the second paragraph of this paragraph». There are two ways to implement international standards in the work of the judiciary on the formation of a corps ofjudges. The first is the transfer of some of the powers of the High Qualifications Commission of Judges of Ukraine (including the selection of judges to the post) to the competence of the High Council of Justice. In the other part of its authority, the High Qualifications Commission of Judges of Ukraine must remain in charge of the judicial self-government bodies. The second is the complete retention of the relevant powers under the High Qualifications Commission of Judges of Ukraine, leaving the issue of the formation of the High Qualifications Commission of Judges of Ukraine within the jurisdiction of judicial self-governing bodies. The first way is recommended. In the course of the research, it was determined that guarantees of independence of the judiciary are purely practical categories. Actually enshrining them in the legislation will not guarantee the independence of the judicial branch of power, and in particular − the independence of judges in the resolution of court cases. Such guarantees only work if they are actually secured.

14. Misrepresentation

2019 ◽  
pp. 634-701
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Case Law ◽  
The Other ◽  
Original Position ◽  
False Statement ◽  
Contributory Negligence ◽  
Civil Remedies ◽  
Contractual Term ◽  
The Subject ◽  
Injured Party ◽  
Selection Of

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract may include a statement that is a mere puff, a representation, or a contractual term. In the case of a representation, the maker asserts the truth of certain facts and thus induces the contract. In case of an actionable misrepresentation (an unambiguous false statement of fact which induces the other party to enter into the contract), the contract may be rendered voidable, that is, liable to be set aside or rescinded. In some instances, the injured party may claim for damages designed to restore him to his original position. This chapter examines the identification of actionable misrepresentation, duties of disclosure, types of misrepresentations, rescission as a remedy, damages for misrepresentation, including the damages available in section 2 of the Misrepresentation Act 1967, and the effect of contributory negligence in any damages award. Finally, the chapter examines exclusion of liability for non-fraudulent misrepresentation and the effect of ‘non-reliance’ clauses in contracts. In the consumer context, it also notes the criminal offences in certain instances of misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the extension to include civil remedies for misleading actions.

Misrepresentation and the Act of 1967

1967 ◽  
Vol 25 (2) ◽  
pp. 239-250
Author(s):  
P. B. Fairest
Keyword(s):  
The Other ◽  
Law Reform ◽  
Other Hand ◽  
The Subject ◽  
The Law ◽  
Lord Chancellor

The law concerning misrepresentations inducing contracts has been the subject of criticism for some years, and in 1959, the then Lord Chancellor, Viscount Kilmuir, referred the matter to the Law Reform Committee. Their Report, published in 1962, had a mixed reception. A learned commentator, writing in this journal, gave it a rather chilly welcome, on the ground that it went too far; on the other hand, Mr. Diamond, writing in the pages ofLaw Reform Now, complained that the Report did not go far enough, and suggested that the subtle distinction between a mere representation and a term of the contract should be abolished. In 1967 the Misrepresentation Act was passed, to give effect, with certain modifications, to such of the recommendations of the Law Reform Committee as had not yet been implemented.

scholarly journals Selection of Unusual Actinomycetal Primary σ70 Factors by Plant-Colonizing Frankia Strains

2004 ◽  
Vol 70 (2) ◽  
pp. 991-998 ◽  
Author(s):  
Céline Lavire ◽  
Didier Blaha ◽  
Benoit Cournoyer
Keyword(s):  
Growth Conditions ◽  
Infection Process ◽  
The Other ◽  
Gene Library ◽  
Pcr Screening ◽  
Liquid Cultures ◽  
Total Dna ◽  
Root Hair Infection ◽  
Selection Of

ABSTRACT Functional adaptations of σ70 transcriptional factors led to the emergence of several paralogous lineages, each one being specialized for gene transcription under particular growth conditions. Screening of a Frankia strain EaI-12 gene library by σ70 DNA probing allowed the detection and characterization of a novel actinomycetal primary (housekeeping) σ70 factor. Phylogenetic analysis positioned this factor in the RpoD cluster of proteobacterial and low-G+C-content gram-positive factors, a cluster previously free of any actinobacterial sequences. σ70 DNA probing of Frankia total DNA blots and PCR screening detected one or two rpoD-like DNA regions per species. rpoD matched the conserved region in all of the species tested. The other region was found to contain sigA, an alternative primary factor. sigA appeared to be strictly distributed among Frankia species infecting plants by the root hair infection process. Both genes were transcribed by Frankia strain ACN14a grown in liquid cultures. The molecular phylogeny of the σ70 family determined with Frankia sequences showed that the alternative actinomycetal factors and the essential ones belonged to the same radiation. At least seven distinct paralogous lineages were observed among this radiation, and gene transfers were detected in the HrdB actinomycetal lineage.

Uncertainty Characterization of Reactor Vessel Fracture Toughness

2002 ◽  
Author(s):  
Fei Li ◽  
Mohammad Modarres
Keyword(s):  
Fracture Toughness ◽  
Epistemic Uncertainty ◽  
Reactor Vessel ◽  
The Other ◽  
Aleatory Uncertainty ◽  
Computation Process ◽  
Mechanics Analysis ◽  
The Subject ◽  
Propagation Of Uncertainties

To perform fracture mechanics analysis of reactor vessel, fracture toughness (KIc) at various temperatures would be necessary. In a best estimate approach, KIc uncertainties resulting from both lack of sufficient knowledge and randomness in some of the variables of KIc must be characterized. Although it may be argued that there is only one type of uncertainty, which is lack of perfect knowledge about the subject under study, as a matter of practice KIc uncertainties can be divided into two types: aleatory and epistemic. Aleatory uncertainty is related to uncertainty that is very difficult to reduce, if not impossible; epistemic uncertainty, on the other hand, can be practically reduced. Distinction between aleatory and epistemic uncertainties facilitates decision-making under uncertainty and allows for proper propagation of uncertainties in the computation process. Typically, epistemic uncertainties representing, for example, parameters of a model are sampled (to generate a “snapshot,” single-value of the parameters), but the totality of aleatory uncertainties is carried through the calculation as available. In this paper a description of an approach to account for these two types of uncertainties associated with KIc has been provided.

scholarly journals Quem salva quem? Saviour siblings e seus aspectos bioéticos

2020 ◽  
Vol 4 (1) ◽  
pp. 59
Author(s):  
Isabela De Marco Leandro ◽  
Thaissa Souza Da Silva ◽  
Flávia Fernandes Barbosa ◽  
Ana Carolina Custodio De Barros ◽  
Monaliza Mendes Carvalho Da Cruz ◽  
...  
Keyword(s):  
Literature Review ◽  
Health Professionals ◽  
Clinical Case ◽  
Sick Child ◽  
The Other ◽  
Pubmed Database ◽  
Bioethical Issues ◽  
The Subject ◽  
The One ◽  
Selection Of

INTRODUCTION: The idea of the article arose during a course in which students were organized in groups to discuss a bioethics subject and the subject chosen was "saviour siblings". “Saviour sibling” is a child conceived in the hope of being genetically compatible with an older brother who has some pathology whose treatment consists of the donation of tissues. OBJECTIVE: To debate the conception of saviour siblings and the delicacy and complexity of the theme from a bioethical perspective. METHODOLOGY: Literature review carried out in August 2019, in the PubMed database, using the keyword “saviour siblings”. The material obtained was used for discussion and elaboration of a clinical case. RESULTS: 40 articles were found, nine of which were excluded from the abstract for diverging from the topic. The clinical case was developed collectively and the authors delegated with putting themselves in the place of those involved in this decision and narrating the possible thoughts and feelings of each one of them. Then, bibliographic references were used to discuss the constructed clinical case, from the bioethical perspective. CONCLUSION: Saviour siblings related bioethical issues are delicate and complex. On the one hand, there's a benefit of saving a sick child and bringing relief to the parents. But, on the other hand, this technique can bear on eugenic practices such as the selection of individuals based on their genetics. The violation of the saviour sibling's autonomy needs to be the focus of future ethical discussions in order to protect his rights. Teaching bioethics is essential for the training of health professionals.

scholarly journals Interpretation of law by the court as an element of legislation

2021 ◽  
pp. 153-164
Author(s):  
O. G. Koban
Keyword(s):  
Court Case ◽  
Constitutional Court ◽  
Court Cases ◽  
International Treaties ◽  
Judicial Interpretation ◽  
Lower Courts ◽  
The Subject ◽  
The Law ◽  
Characteristic Features ◽  
Correct Understanding

The article examines the problem of the essence and content of judicial interpretation, its characteristic features. The goal of a casual court interpretation is the correct understanding of the content of the norms of law, and the task is to individualize legal regulations. Acts of casual court interpretation are «samples» for lower courts, given that they are always guided by the practice of interpretation. The article also deals with the theoretical aspects of the institute of interpretation of law by court, its gist, and legal nature; explores the views of the Ukrainian and foreign scientists on the subject. The article also deals with relevant to modern legal practice issues of judicial interpretation. The peculiarity of the casual interpretation is that it has a person-oriented character and is relevant to specific circumstances. A casual interpretation can not go beyond the boundaries of a particular legal case and apply to similar cases. The difference between the normative interpretation and the casual is that the former may extend to an unspecified range of cases, and the second one to the incident that was the subject of a dispute. Subjects of casual interpretation are the judicial and administrative bodies. Clarification of the content of the law by the judiciary is a judicial interpretation. The official constitutional interpretation of the Constitutional Court of Ukraine is carried out in providing opinions on cases of constitutionality of laws and other legal acts, compliance with the Constitution of Ukraine of international treaties, adherence to the procedure of investigation and consideration of the case of removal of the President of Ukraine from office in the order of impeachment. The supreme court’s interpretation of the case largely influences judicial practice. Courts, in court cases, carry out a casual interpretation of the rules of law and develop case-law on the application of the rules of law. The casual judicial interpretation is the interpretive activity of the court in the process of reviewing and resolving court cases (or in the order of their review by the appellate or cassation instances), the purpose of which is a correct understanding of the content of the legal norm. His task is the individualization of legal requirements, and the result is binding only for a specific court case and parties involved in it. The acts of the casual interpretation of the higher judicial bodies are «samples» for lower courts, given that they are always guided by the practice of interpretation and application of the law by the highest judicial authorities and, as a rule, follow it. Characteristic features of the casual judicial interpretation is that its subjects are judges of all courts, it is directed at the consideration and resolution of a particular court case, the results of such an interpretation are binding only for the parties to a specific court case and are fixed in the motive part of the decision. Keywords: court, casual interpretation, the rule of law, judicial interpretation, rule.

scholarly journals Historical background to preventing and preventing domestic violence

2019 ◽  
pp. 7-12
Author(s):  
Ts.S. Baranova
Keyword(s):  
Domestic Violence ◽  
Good Reason ◽  
International Standards ◽  
Historical Background ◽  
Main Task ◽  
Effective System ◽  
Long Time ◽  
History Of ◽  
The Subject ◽  
The Law

The article is about exploring the historical background to countering and preventing domestic violence. It is established that the legal phenomenon under study has two components: an analysis of the causes of domestic violence and determining the location of each of the subjects covered by these relationships. It is concluded that, given the number of scientific works, the subject of which were separate elements of the mechanism of prevention and counteraction to domestic violence, it is more expedient to study this phenomenon through the prism of establishing the historical preconditions for its occurrence. Today, it is crucial to study the genesis of domestic violence by researching scientific, historical, and religious sources, legislation in contemporary Ukraine, analyzing current legislation, comparing the domestic and western history of the problem of domestic violence to further determine the factors and ways to overcome it. The purpose of the article is to investigate the historical aspects of domestic violence as a complex and historically stable phenomenon. The problem of domestic violence and prevention has been discussed for a long time, especially since the adoption of the Law of Ukraine «On Prevention of Domestic Violence» of November 15, 2001 No2789-III, however, scientists and practitioners have come to the conclusion that the existing legislative norms did not perform their functions properly , and in order to comply with international standards, today this topic is again actively discussed in society and for good reason because according to statistics released during the voting for the Law, over 3 million children in Ukraine annually observe acts of violence in the country. themselves or their forced participants, and nearly 70% of women are subjected to various forms of abuse and humiliation. And here it is important to understand that the legislator must not just implement international standards, and wait for change. The main task of the state - to realize each of their sections in reality, while achieving the goals of the law, namely: to create an effective system aimed at ensuring the prevention of criminal acts against violence, preventing them, stopping and punishing them for such actions, creating an effective system of crime investigation, ensuring the effectiveness of remedies for every domestic violence victim. Keywords: domestic violence, counteraction, prevention, fight against violence, causes.

scholarly journals “THE LAWYER MONOPOLY” SHOULD IT BE MOVED?

2020 ◽  
Keyword(s):  
Transition Period ◽  
Point Of View ◽  
The Other ◽  
Gradual Transition ◽  
Court Cases ◽  
Advantages And Disadvantages ◽  
The Law ◽  
The One ◽  
Representation Of Interests ◽  
Autonomous Republic

The article deals with the debate on the so-called “lawyer monopoly” on representation of interests in court. The Law of Ukraine "On Amendments to the Constitution of Ukraine (on Justice)" adopted on June 2016, dated June 2, 2016, No. 1401-VIII literally divided the legal community into two camps: "for" and "against" the so-called "monopoly of the Bar". It should not be denied that both supporters of this reform and its opponents have strong arguments in favor of their beliefs. In the last four years, both camps have made new arguments in support of their point of view. But every year, since the passage of the aforementioned law, calls for change have become louder. This is due to the fact that, on the one hand, the aforementioned law introduced a gradual transition to representation in all judicial instances only by a lawyer and a prosecutor, and on the other, by the fact that the proposal to exclude the rule of “lawyer monopoly” from the Constitution of Ukraine was one of the first bills of President Vladimir Zelensky. Several steps have now been taken to abolish this "monopoly" but the whole path has not yet been completed. Thus, from January 1, 2020 the Law of Ukraine 390-IX “On Amendments to Certain Legislative Acts of Ukraine on Expanding the Possibilities of Self-Representation in the Court of State Authorities, Bodies of the Autonomous Republic of Crimea, Local Self-Government Bodies and Other Legal Entities, Whatever Their Order, came into force creation ”, but the bill announced by the President No. 1013 of 29.08.2019 still remains within the walls of the Verkhovna Rada of Ukraine. This leads to some contradictions and inconsistencies in court cases regarding who can participate in litigation. In the article the author highlights the advantages and disadvantages of "lawyer's monopoly", as well as the problematic issues of the so-called transition period.

scholarly journals Development and Characterization of Cornstarch-Based Bioplastics Packaging Film Using a Combination of Different Plasticizers

Polymers ◽  
2021 ◽  
Vol 13 (20) ◽  
pp. 3487
Author(s):  
Walid Abotbina ◽  
S. M. Sapuan ◽  
M. T. H. Sultan ◽  
M. F. M. Alkbir ◽  
R. A. Ilyas
Keyword(s):  
Tensile Strength ◽  
Moisture Content ◽  
Water Absorption ◽  
Food Packaging ◽  
The Other ◽  
Packaging Film ◽  
Film Properties ◽  
Selection Of

This work aims to develop cornstarch (CS) based films using fructose (F), glycerol (G), and their combination (FG) as plasticizers with different ratios for food packaging applications. The findings showed that F-plasticized film had the lowest moisture content, highest crystallinity among all films, and exhibited the highest tensile strength and thermostability. In contrast, G-plasticized films showed the lowest density and water absorption with less crystallinity compared to the control and the other plasticized film. In addition, SEM results indicated that FG-plasticized films had a relatively smoother and more coherent surface among the tested films. The findings have also shown that varying the concentration of the plasticizers significantly affected the different properties of the plasticized films. Therefore, the selection of a suitable plasticizer at an appropriate concentration may significantly optimize film properties to promote the utilization of CS films for food packaging applications.

scholarly journals The Human Being in The Philosophical Thought

2021 ◽  
Vol 32 (2) ◽  
pp. 1-19
Author(s):  
Omar Saadi Abbas
Keyword(s):  
The Other ◽  
Human Being ◽  
Existential Philosophy ◽  
Philosophical Thought ◽  
Scientific Approach ◽  
The Subject ◽  
Islamic Civilization ◽  
Personal Philosophy ◽  
Special Meaning

The human being is the basis of philosophy, and this concept has crystallized mainly in most philosophical currents. Therefore, we see that these trends fall into one subject, which is (man), and every philosophy of these philosophies and currents or philosophical trends tries to set a concept for the human being of its own, and therefore we see a clear difference in Interpretations of these conflicting philosophical currents among themselves, which consider the human being and problems are the core of the topics of their thinking and with this research which is (the human being in the philosophical thought), so we see that Jaroudi's cognitive, philosophical and cultural system is poured into one topic, which is the human being, and this is what we found when talking about the concept of the human in Marxist thought, which was embodied in the principle of freedom, equality and respect for the other, then moving to the concept of man in existential philosophy, with its atheistic and believing parts, and its characterization of the human being because it is considered the fundamental difficulty in existential philosophy, and after that, Jarudi moved to the study of man to the personal philosophy of Jean Lacroix and Monet, which emphasizes the individual's responsibility and emphasis On a position on nature and history, and finally he studied man in structural philosophy. We see that the research began with a general introduction in which the human being is its main focus, and many researchers attribute their writing on the subject of man and humanity to Abu Hayyan al-Tawhidi and Ibn Miskawayh, as two of the flags of humanism in the Islamic civilization, and how these successive currents have looked at the human being and have been interested in all aspects of man Not only what he is aware of and what he thinks about or what he intends, because there are things in him that always go beyond awareness, thought and intent, and we see from the important results at the beginning of the conversation the consequences of studying a person from the deep crisis that he lived with all his conscience due to his presence in a concerned world, a world from which there is no way out. Likewise, Arkoun stems from the necessity of re-regard for philology as an indispensable approach in establishing the scientific approach to texts as a primary entry point for dropping sacredness from it and thus liberating the Islamic mind from the mythical thought that was associated with it with the Islamic vision of the phenomenon of revelation. On the other hand, existential philosophy emphasized the ability of man to conquer reality, transcend it and give it a special meaning.

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