scholarly journals Legal regime of biobanks in domestic legislation

2021 ◽  
Vol 7 (1) ◽  
pp. 57-62
Author(s):  
E. S. Kryukova ◽  
V. D. Ruzanova
Keyword(s):  
Critical Analysis ◽  
Legal Regulation ◽  
The Other ◽  
Complex Object ◽  
Legal Regime ◽  
Other Hand ◽  
Domestic Legislation ◽  
The One

In the article on the basis of a critical analysis of the existing positions in the doctrine the concept of a biobank as an object of rights was formulated. At the same time, it is proposed to distinguish between the organizations in charge of biobanks and the collections themselves. It was concluded that biobank is a complex object, which is differentiated unity, since its elements, on the one hand, are autonomous, but on the other hand, are interconnected and interdependent. It is emphasized that the formation of a single legal regime of biobanks is complicated by the substantive heterogeneity of this object and the diversity of its elements. Taking into account the experience of European States in this field of legal regulation and scientific views, the idea of publishing as a basic special law on biobanks, which should establish their legal regime as an object of rights and rules for organizations under the jurisdiction of biobanks, was supported. The need for organizations working with biobanks to provide unprecedented protection is proven. The structure of the legal regime of biobank has been determined and as its most important component a group of rules on obtaining the consent of the holder for the further use of biobanks and data derived from them has been identified. The feasibility of introducing more diverse forms of consent to the circulation of the contents of biobanks is justified.

scholarly journals Features of legal Regulation in the digital Economy

2019 ◽  
Vol 9 (1) ◽  
pp. 1381-1383
Keyword(s):  
Legal Regulation ◽  
International Experience ◽  
Digital Economy ◽  
The Other ◽  
Legal Regime ◽  
Other Hand ◽  
The One

This article discusses the features of legal support for the functioning of the digital economy. Some reasons for the need for modernization of legislation in the context of the development of the digital economy are highlighted. Based on international experience, approaches to legal regulation in the field of the digital economy are proposed, by ensuring such a legal regime in which innovations, on the one hand, will develop freely, and, on the other hand, will be protected from possible risks.

scholarly journals The Zeroing Issue: a critical analysis of Softwood V

2008 ◽  
Vol 7 (1) ◽  
pp. 121-142 ◽  
Author(s):  
CHAD P. BOWN ◽  
ALAN O. SYKES
Keyword(s):  
Critical Analysis ◽  
Cost Allocation ◽  
The Other ◽  
Legal Analysis ◽  
Appellate Body ◽  
Administrative Practice ◽  
Economic Rationale ◽  
Other Hand ◽  
The Us ◽  
The One

AbstractThis paper addresses the issues that came before the Appellate Body in the Softwood V dispute, concerning an affirmative antidumping determination by the US Department of Commerce. The paper addresses both the original Appellate Body opinion in the dispute, and the later opinion reviewing the compliance panel findings. We focus primarily on the ‘zeroing’ issue in ‘transaction-to-transaction (T–T)’ calculations of dumping, and briefly on two other cost-allocation issues. In general, we are ambivalent about the Appellate Body's approach to the zeroing issue. On the one hand, zeroing inflates dumping margins without any sound economic rationale for doing so. On the other hand, zeroing has been a standard administrative practice for many years and the ADA does not clearly prohibit it. The Appellate Body's legal analysis of the matter in T–T cases, in particular, rests on shaky premises. We also consider the wisdom of addressing the zeroing issue in piecemeal fashion through what has proven to be a lengthy sequence of narrow decisions.

scholarly journals A Critical Discourse Analysis of Radi’s Dramas From behind the Windows and Hamlet with Season Salad Based on Van Leeuwen’s Framework "Representing Social Actions"

2018 ◽  
Vol 21 (3) ◽  
pp. 103-119
Author(s):  
Alireza Khormaee ◽  
Rayeheh Sattarinezhad
Keyword(s):  
Discourse Analysis ◽  
Critical Discourse Analysis ◽  
Critical Analysis ◽  
Power Relations ◽  
The Other ◽  
Critical Discourse ◽  
Political Discourses ◽  
Social Actions ◽  
Other Hand ◽  
The One

Different representations of social actions create distinct types of discourses. Applying van Leeuwen’s 'Social Actions' framework (2008), the present study critically analyzes the power relations between the main characters of Radi’s dramas From behind the Windows and Hamlet with Season Salad. The objective of our study is to account for the differences between the discourse of the dominant and the discourse of the dominated. In order to elucidate such differences we count and analyze the characters’ social (re)actions and, in turn, identify four types of contrasts: cognitive vs. affective and perceptive reactions; material vs. semiotic actions; transactive vs. non-transactive actions; interactive vs. instrumental actions. Two opposing discourses emerge from these contrasts. On the one hand, the dominant characters mostly react cognitively and their actions are often semiotic, transactive, and interactive. On the other hand, the dominated characters’ reactions are often affective and perceptive, while most of their actions are material, non-transactive, and instrumental. As the results show, the author’s linguistic choices underscore the power relations between the dominant and the dominated characters. Building upon the fact that our analysis sheds light on the underlying ideologies and intentions of the author, we tentatively conclude that despite its being predominantly employed in the analysis of political discourses, van Leeuwen’s framework also proves effective in the critical analysis of literary works.

Pertinence de la théorie de la dualisation de la religion en Suisse, en France et en Europe

2011 ◽  
Vol 58 (2) ◽  
pp. 162-175 ◽  
Author(s):  
Pierre Bréchon ◽  
Roland J. Campiche
Keyword(s):  
Critical Analysis ◽  
The Other ◽  
European Countries ◽  
Societal Impact ◽  
Religious Change ◽  
Combined Approach ◽  
Other Hand ◽  
Proper Comparison ◽  
Western European ◽  
The One

The principal explanations of contemporary religious change face two main difficulties. On the one hand, they often fail to express the complexity of the ongoing evolution, because they are too focused on institutional religion, e.g. secularization. On the other hand, some of them favour fashionable themes (the growth of individualism, the privatization of religion) and skirt the societal impact of religion. The idea of dualism allows a combined approach to the process of religious de-institutionalization and the new patterns of its regulation. The authors discuss this theory on the basis of data relating to Switzerland, France and other Western European countries (EVS, ISSP). In spite of the difficulty of finding relevant indicators that allow proper comparison, the results are promising. They invite further critical analysis of current definitions. The theory of dualism allows us to reopen the debate on religious change.

THE CONTRADICTORY EFFECT OF THE CRYPTOCURRENCY PHENOMENON: THE NEXT STAGE IN THE EVOLUTION OF MONEY OR A NEW FINANCIAL ADVENTURE?

2021 ◽  
Author(s):  
Хусейн Вахаевич Идрисов
Keyword(s):  
Financial Economic ◽  
Legal Regulation ◽  
The Other ◽  
Modern World ◽  
Financial Instrument ◽  
Economic Relations ◽  
Other Hand ◽  
The One

Статья посвящена характеристике криптовалюты в финансово-экономических и нормативно-правовых отношениях, складывающихся вокруг данного явления. Перечислены основные недостатки и преимущества применения криптовалюты в гражданском обороте, а также отношение к ней ряда государств в плане ее государственно-правового регулирования. В заключении статьи сделан вывод о том, что криптовалюты в современном мире имеют довольно противоречивый эффект: С одной стороны, это привлекательный финансовый инструмент для субъектов финансово-экономических отношений, но, с другой - это еще пока малоизученный и не апробированный массово на практике объект отношений, элемент гражданского оборота, связанный с большими рисками ее обращения. The article is devoted to the characteristics of the cryptocurrency in the financial, economic and regulatory relations that develop around this phenomenon. The main disadvantages and advantages of using cryptocurrency in civil circulation are listed, as well as the attitude of a number of states to it in terms of its state-legal regulation. In conclusion, the article concludes that cryptocurrencies in the modern world have a rather contradictory effect: On the one hand, it is an attractive financial instrument for the subjects of financial and economic relations, but, on the other hand, it is still a little-studied and not widely tested in practice object of relations, an element of civil turnover associated with high risks of its circulation.

Justice and the Division of Labour: A Reconsideration of Durkheim's Division of Labour in Society

1984 ◽  
Vol 32 (3) ◽  
pp. 449-470 ◽  
Author(s):  
Carmen J. Sirianni
Keyword(s):  
Critical Analysis ◽  
Social Evolution ◽  
Central Place ◽  
Division Of Labour ◽  
The Other ◽  
Structural Integration ◽  
Critical Methodology ◽  
Other Hand ◽  
Organic Solidarity ◽  
The One

Durkheim's Division of Labour in Society is re-evaluated in terms of its profound theoretical tensions. On the one hand, his analysis of an emergent organic solidarity assigns a central place to the values of individuality and justice, and articulates a critical methodology for determining their progressive realization. Justice becomes the overriding requirement of social evolution, and the condition for structural integration and normative legitimation. On the other hand, various empirical claims, as well as naturalistic and functionalist assumptions, allow for an overly easy, and quite un-Durkheimian, resolution of the problems posed by justice and individuality in a highly stratified division of labour. An attempt is made to understand how these profound tensions are sustained theoretically, and how Durkheim's own conception of the division of labour as socially interactive and morally constitutive can be rescued for a critical analysis committed to democratic and egalitarian reform.

scholarly journals GROUNDS FOR ENDING A POSTPONEMENT IN THE EXECUTION OF A CUSTODIAL SENTENCE

Probacja ◽  
2020 ◽  
Vol 2 ◽  
pp. 65-115
Author(s):  
Jarosław Tekliński
Keyword(s):  
Theoretical Perspective ◽  
Legal Regulation ◽  
Penal Code ◽  
The Other ◽  
Legal Norms ◽  
Other Hand ◽  
Article 9 ◽  
The Subject ◽  
The One ◽  
The Postponement

One of the few exceptions to the principle of the immediate execution of a penalty, expressed in Article 9 § 1 of the Executive Penal Code, is the institution of its deferral. The conditions of its application are specifi ed in the provisions of Article 150 and Article 151 of the Executive Penal Code. Postponement of a custodial sentence is not absolute, because the occurrence of certain factual or legal conditions during its duration may result in its termination. The subject of the article is to analyse the grounds for ending the postponement of a custodial sentence, with particular emphasis on the institution of appealing the postponement, and modifi cation of the decision pursuant to Article 24 of the Executive Penal Code. The study uses the method of dogmatic analysis, emphasizing, albeit with diff erent intensity, elements such as: description and systematization of legal norms, their interpretation as well as establishing and defi ning concepts. In the opinion of the author, the issue of the grounds for ending a postponement of a custodial sentence is, on the one hand, an attractive area of scientifi c research from a theoretical perspective. On the other hand, it is an important problem faced in the practice of judicial authorities. It is also a subject to which science seems to devote too little attention. Such a state of aff airs undoubtedly determines the need for scientific of the subject under consideration. Its results allow for the conclusion that the current legal regulation requires correction, the direction of which, by indicating the proposed changes to the applicable regulations, is presented by the author in this study.

scholarly journals Cheating in chess: a call for an integrated disciplinary regulation

2020 ◽  
Vol 8 ◽  
pp. 57-83
Author(s):  
Salomėja Zaksaitė
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The Other ◽  
Computer Assisted ◽  
Sports Law ◽  
Legal Research ◽  
Other Hand ◽  
Broad Concept ◽  
The One

This article examines recent regulation in the sport of chess with a focus on cheating. On the one hand, disciplinary law in chess could be considered relatively underdeveloped compared with other sports. On the other hand, however, this kind of ‘underdevelopment’ might be appropriate since chess governing bodies have not yet introduced interventionist rules. These two interacting perspectives shape the aim and the objectives of legal research designed to protect the chess community from cheating by suggesting adequate disciplinary measures. The analysis focuses mainly on two forms of cheating: computer-assisted cheating and match-fixing. The broad concept of cheating and relatively young legal regulation in an under-researched sport call for interdisciplinary analysis, therefore, knowledge of sports law, human rights as well as criminology is applied.

scholarly journals The rise and fall of Weber indices

2018 ◽  
Vol 51 (4) ◽  
pp. 1221-1225 ◽  
Author(s):  
Massimo Nespolo
Keyword(s):  
Electron Microscopy ◽  
Critical Analysis ◽  
Unit Cell ◽  
Reciprocal Space ◽  
The Other ◽  
Metal Science ◽  
Hexagonal Unit Cell ◽  
Other Hand ◽  
The One

Weber indices were introduced to provide a unique expression of a lattice direction with respect to the four-axis setting used for hexagonal and rhombohedral crystals. They are in general fractional indices, even in the case of a primitive hexagonal unit cell, but they are often carelessly reduced to integer values. This corresponds, on the one hand, to taking as direction indices the nodes of a lattice further from the origin and, on the other hand, to adopting a hybrid indexing between direct and reciprocal space. A critical analysis of the drawbacks of Weber indices is presented, which justifies the reluctance of crystallographers to adopt them, despite a more widespread use in fields like electron microscopy and metal science.

scholarly journals Economic and Legal Analysis of Cryptocurrency: Scientific Views from Russia and the Muslim World

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 32
Author(s):  
Shamil Shovkhalov ◽  
Hussein Idrisov
Keyword(s):  
Islamic Law ◽  
Cost Effective ◽  
Legal Regulation ◽  
Business Community ◽  
The Other ◽  
Final Decision ◽  
Legal Institutions ◽  
Legal Analysis ◽  
Other Hand ◽  
The One

The article is devoted to the analysis of cryptocurrency as a new phenomenon in the modern global economic processes and legal institutions. The relevance of the study is predetermined by the very specifics of such a phenomenon as cryptocurrency consisting of a distributed ledger technology, which determines the peculiarities of issuing, storing and performing operations with cryptocurrency. Moreover, the cryptocurrency turnover directly correlates with the national legislation of individual countries, which are the subject of domestic regulation with currency, tax legislation and legislation on the securities market. Sometimes, in this regard, there is a clash of public interests and the interests of entities involved in the circulation of cryptocurrencies. Cryptocurrency, as an unconventional, trendy phenomenon of the recent times, has become the object of research and discussions on all the world platforms, starting with academia, continuing with the business community and ending with state institutions. There are many reasons for explaining such interest and they can all be reduced to two main blocks: the advantages and the disadvantages of cryptocurrency circulation. The problem of cryptocurrency turnover, on the one hand, is that until now none of the national economies have regulated the cost-effective mechanism for the cryptocurrency turnover and, on the other hand, the leading countries have not yet set up an effective system of legal regulation of cryptocurrency. Many countries are in the active process of working to adequately address the above problem. Separately, it is worth highlighting the interest of Muslim countries in this issue, where discussions are still underway about the permissibility of cryptocurrency in Islamic law. As for the Russian realities in the context of the issue under study, the Federal Law “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation“, which came into effect on 1 January 2021, was supposed to streamline relations of subjects including cryptocurrencies, but, according to the experts in this field, this law is far from impeccable and this sphere of relations cannot be quickly and effectively regulated. This article describes the characteristics of cryptocurrency, its essence, disadvantages and advantages as an object of economic and civil law relations. The purpose of the research is to analyze the economic and legal phenomenon of cryptocurrency, as well as its characteristics in the Muslim legal system. The complexity of the work should be emphasized as a novelty. Based on the designated goal and the logic of construction, the study consists of three interrelated parts. The first part outlines the characteristics of cryptocurrency as an economic category, the second part is devoted to its legal analysis and the last part of the study demonstrates the Islamic perception (Sharia analysis) of this phenomenon. As a conclusion on the scientific research, we will highlight the following provisions. First, economically, nowadays, cryptocurrency is a rather controversial financial instrument: on the one hand, it has great investment attractiveness, but on the other hand, it is subject to great volatility and seems to be a rather risky financial asset. Secondly, from a legal standpoint, cryptocurrencies have not yet found their consistent consolidation and further legal regulation in the Russian legislation. It seems that the legal regulation of this institution will systematically develop depending on what application and results of its turnover the cryptocurrency will have in the future. Finally, the Islamic interpretation of the cryptocurrency phenomenon boils down to the absence of a single, consistent explanation of it from the perspective of Islam and Sharia as an object of permissibility (or prohibition) of transactions with it. It is necessary to further analyze the practice of using cryptocurrency and its impact on the economy and legal institutions in order to make a final decision on its permissibility or prohibition in correlation with the types of activity and the upcoming consequences associated with it.

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