DISSENTING OPINION IN THE CONSTITUTIONAL JUSTICE AND THE EVOLUTION OF LEGAL SCIENCE

2021 ◽  
Vol 7 (4) ◽  
pp. 167-182
Author(s):  
Konstantin V. KARPENKO
Keyword(s):  
Law And Order ◽  
Constitutional Courts ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Legal Method ◽  
Legal Science ◽  
New Ideas ◽  
Constitutional Justice ◽  
The One

The article deals with the influence of the dissenting opinions of constitutional judges on the development of legal science. This issue is usually very important for constitutional and legal science as its understanding and practical resolution influence the authority of constitutional justice in a state. The dissenting opinion of any judge is their right to express their reasoned disapproval of the rendered decision, formulated in writing and attached to the court decision. Dissenting opinions in constitutional proceedings are of increased importance, because decisions of constitutional courts are aimed to protect law and order in general and are addressed to entire population. The dissenting opinions of constitutional judges contribute to the development of legal science in two aspects. On the one hand, they can contain new ideas, theories and approaches to law, with the help of which new categories and concepts are introduced into scientific discussion. On the other hand, dissenting opinions make often wide references to foreign experience in resolving legal conflicts. In this case, dissenting opinions fit into the framework of comparative legal research and allow taking into account the judicial practice and judicial argumentation of other countries and legal systems. Both aspects contribute to the expansion of the doctrinal base of legal science, pose and solve new problems, increase the need for scientific discussion. This study is based on a formal-dogmatic scientific method, which is aimed at disclosing the true meaning of legal positions of judges presented in dissenting opinions. A systematic method is also used, which allows to identify and classify single areas of scientific knowledge. The author also applies the comparative legal method, which consists in comparing different legal positions in the dissenting opinions of judges. The novelty of the research is in determination of contribution of dissenting opinions of constitutional judges to the development of legal science.

scholarly journals Relevant Issues of Research of Minors’ Antisocial Behavior

2021 ◽  
Vol 27 (41) ◽  
pp. 17-25
Author(s):  
Oleksandra Huzik
Keyword(s):  
Juvenile Delinquency ◽  
Antisocial Behavior ◽  
Interpersonal Skills ◽  
Social Attitudes ◽  
The Other ◽  
Future Research ◽  
Scientific Discussion ◽  
New Ideas ◽  
The One ◽  
The Relationship

Abstract The study of the antisocial behavior of minors is of interest to many scientists: from pedagogues and psychologists to lawyers and criminologists. On the one hand, this has led to important and diverse research detailing the nature, causes, and consequences of deviance among youth. This makes it possible to develop better mechanisms for the prevention of juvenile delinquency, punishment, and resocialization of minor offenders. But on the other hand, this diversity caused contradictory approaches to defining the boundaries of deviance and delinquency, as well as the correlation of these terms. This paper offers an overview of the interdisciplinary scientific discussion on the relationship between delinquency and deviance as types of antisocial behavior, and structures these approaches. It also defines limitations in the field and generates new ideas and directions for future research. In the second part, we examine the causes of juvenile delinquency, with a particular interest in causes that can be corrected. Thus, we found that proper upbringing can “treat” not only anti-social attitudes and values, low educational and professional skills of the offender, poor cognitive and interpersonal skills but also innate tendencies to aggression.

scholarly journals Constitutional and judicial argumentation and the transformation models of normative legal regulation

2021 ◽  
pp. 39-57
Author(s):  
Aldar Munkozhargalovich Chirninov
Keyword(s):  
General Rule ◽  
Legal Regulation ◽  
Legal Norm ◽  
Transformation Models ◽  
Judicial Decisions ◽  
Judicial Practice ◽  
Time Space ◽  
Constitutional Justice ◽  
Judicial Argumentation

This article explores the interrelation between constitutional and judicial argumentation, and the key transformation models of normative legal regulation under the influence of constitutional and judicial decisions. Using the analysis and summarization of the extensive constitutional and judicial practice, the author describes the argumentative patterns emerging as a result of appeal of the constitutional justice bodies to particular variants of normative correction. Special attention is given to such corrective measures as disqualification of the legal norm, formulation of an exception to the general rule, modification of the hypothesis and disposition of the legal norm, correction of its sanction, clarification of the mechanism of action of the legal norm in time, space and scope of persons, filling of the legislative gaps, and securing additional guarantees. The novelty of this research consists in studying the constitutional and judicial argumentation from instrumental perspective, namely in the context of its of carrying out of its official function with regards to constitutional control, which allowed outlining the argumentative patterns that are prevalent within the constitutional discourse, and thus grasp the mechanism of generation of arguments. The acquired results demonstrate that conceptually, the reasoning of the constitutional justice bodies reflect the process of critical re-evaluation of the current legal regulation and determination of its constitutional flaws with simultaneous projection of the normative model that fits into the constitutional framework. The conclusion is formulated that the constitutional and judicial argumentation aims to indicate the most acceptable variant of regulation from the constitutional perspective, outline the eligible lawmaking divergence from the constitutional standards legal regulation, as well as explain which part of the normative legal regulation should be corrected based on the constitutional requirements.

scholarly journals Jurisdiction Limitation of National Courts with Respect to Civil Cases or Matters Involving Foreign Elements in Accordance with United States Laws and Vietnamese Law

2021 ◽  
Vol 4 (1) ◽  
pp. 46-64
Author(s):  
Nguyen Le Hoai ◽  
Phung Hong Thanh
Keyword(s):  
National Court ◽  
National Courts ◽  
Judicial Practice ◽  
The Status ◽  
Forum Non Conveniens ◽  
The Subject ◽  
Civil Cases ◽  
The One ◽  
Cross Border Cooperation

Abstract Determination of limitation of jurisdiction of national courts with respect to civil cases or matters involving foreign elements has become an important aspect of judicial practice around the world as with the growing cross-border cooperation. The study on the subject matter helps to promote the efficiency in the civil procedure. On the one hand, it provides legal ground for national courts to determine their jurisdiction over the related civil cases or matters, and helps the plaintiff to initiate the legal action in the national court with competent to accept the case on the other. This article will analyse the U.S. laws as well as judicial experience in U.S. national courts on limitation of their jurisdiction in civil cases or matters involving foreign elements. It will focus on the cases in which the jurisdiction of the court is granted by mutual agreements of the relevant parties, frauds, force, immunities, forum non conveniens, limits imposed by the forum or the laws of the states where the transactions have been conducted. It will be followed by the critical assessments on the status of relevant laws and regulations of Vietnam and some recommendations for future development.

scholarly journals Judges and assistant -magistrates within constitutional courts

2016 ◽  
pp. 93-109
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
Decision Making ◽  
Decision Making Process ◽  
Constitutional Courts ◽  
The Status ◽  
Entry Requirements ◽  
Constitutional Justice ◽  
The One

This study brings together the decision component into the constitutional jurisdiction (constitutional judge) and the one supporting the decision-making process (assistant-magistrate/referendary/legal assistant/adviser etc. of the constitutional judge). The analysis regarding the appointment/entry requirements into the profession, the duties and the status of the constitutional judge and respectively of the assistant-magistrate, aims at emphasizing, in particular, the complementary roles of the two analysed offices and their importance for the exercise of the constitutional justice.

scholarly journals THE POSTMORTEM TRANSFER OF DIGITAL OBJECTS: A USER AGREEMENT VS NATIONAL INHERITANCE LAW

2020 ◽  
Vol 3 ◽  
pp. 17-23
Author(s):  
Vladislav O. Puchkov ◽  
Keyword(s):  
Legal Doctrine ◽  
Inheritance Law ◽  
Judicial Practice ◽  
Legal Relation ◽  
The Supreme Court ◽  
Digital Objects ◽  
Internet Community ◽  
The One ◽  
Judicial Protection

The article reviews the issue of the correlation of rules for the postmortem transfer of digital objects established by user agreements of online communities as public agreements on the one hand and national inheritance law on the other hand. Essentially, the problem is that the case law of the Supreme Court of Russia de facto sanctions contractual restriction of inheritance even in cases not directly stipulated by law. Such restriction is imperatively stipulated in the majority of user agreements. The author concludes that three approaches to the determination of the essence of a legal relation between a user being a testator and an Internet community administrator have been currently established in the doctrine and judicial practice. According to the first approach, such a legal relation is a legal relation involving a consumer, thus, the postmortem transfer of rights under a user agreement (and therefore digital objects assigned to the heir's account) should be carried out even notwithstanding any possible contractual limitations. The second approach is based on the conceptualization of such a legal relation as a legal relation not involving a consumer, for which cause contractual limitation of inheritance under a user agreement is possible. The third approach is based on the conceptualization of a separate type of such a legal relation — a legal relation between a player and an online game administrator — as a legal relation concerning the organization of a game and participation in it, the rights whereunder are not subject to judicial protection and thus may be restricted. Based on an analysis of specific cases, legal doctrine and legislation files, the author concludes that there are grounds for the determination of relations between a user being a testator and an Internet community (social media, game platform, etc.) administrator as relations involving a consumer. Therefore, a conclusion is made that the restriction of inheritance rights under a user agreement is inadmissible.

Two-Stage Procedure for the Quantitative Determination of Autoprothrombin III Concentration and Some Applications

1967 ◽  
Vol 18 (01/02) ◽  
pp. 198-210 ◽  
Author(s):  
Ronald S Reno ◽  
Walter H Seegers
Keyword(s):  
Prothrombin Time ◽  
Factor Vii ◽  
Two Stage ◽  
Pronounced Increase ◽  
One Stage ◽  
Assay Procedure ◽  
Bovine Plasma ◽  
The One ◽  
Autoprothrombin C

SummaryA two-stage assay procedure was developed for the determination of the autoprothrombin C titre which can be developed from prothrombin or autoprothrombin III containing solutions. The proenzyme is activated by Russell’s viper venom and the autoprothrombin C activity that appears is measured by its ability to shorten the partial thromboplastin time of bovine plasma.Using the assay, the autoprothrombin C titre was determined in the plasma of several species, as well as the percentage of it remaining in the serum from blood clotted in glass test tubes. Much autoprothrombin III remains in human serum. With sufficient thromboplastin it was completely utilized. Plasma from selected patients with coagulation disorders was assayed and only Stuart plasma was abnormal. In so-called factor VII, IX, and P.T.A. deficiency the autoprothrombin C titre and thrombin titre that could be developed was normal. In one case (prethrombin irregularity) practically no thrombin titre developed but the amount of autoprothrombin C which generated was in the normal range.Dogs were treated with Dicumarol and the autoprothrombin C titre that could be developed from their plasmas decreased until only traces could be detected. This coincided with a lowering of the thrombin titre that could be developed and a prolongation of the one-stage prothrombin time. While the Dicumarol was acting, the dogs were given an infusion of purified bovine prothrombin and the levels of autoprothrombin C, thrombin and one-stage prothrombin time were followed for several hours. The tests became normal immediately after the infusion and then went back to preinfusion levels over a period of 24 hrs.In other dogs the effect of Dicumarol was reversed by giving vitamin K1 intravenously. The effect of the vitamin was noticed as early as 20 min after administration.In response to vitamin K the most pronounced increase was with that portion of the prothrombin molecule which yields thrombin. The proportion of that protein with respect to the precursor of autoprothrombin C increased during the first hour and then started to go down and after 3 hrs was equal to the proportion normally found in plasma.

SIMPLIFIED DEXAMETHASONE SUPPRESSION TEST

1969 ◽  
Vol 61 (2) ◽  
pp. 219-231 ◽  
Author(s):  
V. H. Asfeldt
Keyword(s):  
Cushing’S Syndrome ◽  
Normal Subjects ◽  
Cushing's Syndrome ◽  
Dexamethasone Suppression Test ◽  
Clinical Value ◽  
Suppression Test ◽  
The One ◽  
Steroid Excretion ◽  
Dexamethasone Suppression

ABSTRACT This is an investigation of the practical clinical value of the one mg dexamethasone suppression test of Nugent et al. (1963). The results, evaluated from the decrease in fluorimetrically determined plasma corticosteroids in normal subjects, as well as in cases of exogenous obesity, hirsutism and in Cushing's syndrome, confirm the findings reported in previous studies. Plasma corticosteroid reduction after one mg of dexamethasone in cases of stable diabetes was not significantly different from that observed in control subjects, but in one third of the insulin-treated diabetics only a partial response was observed, indicating a slight hypercorticism in these patients. An insufficient decrease in plasma corticosteroids was observed in certain other conditions (anorexia nervosa, pituitary adenoma, patients receiving contraceptive or anticonvulsive treatment) with no hypercorticism. The physiological significance of these findings is discussed. It is concluded that the test, together with a determination of the basal urinary 17-ketogenic steroid excretion, is suitable as the first diagnostic test in patients in whom Cushing's syndrome is suspected. In cases of insufficient suppression of plasma corticosteroids, further studies, including the suppression test of Liddle (1960), must be carried out.

A Validated 2D-LC-UV Method for Simultaneous Determination of Imatinib and N-demethylimatinib in Plasma and Its Clinical Application for Therapeutic Drug Monitoring with GIST Patients

2020 ◽  
Vol 17 ◽  
Author(s):  
Houli Li ◽  
Di Zhang ◽  
Xiaoliang Cheng ◽  
Qiaowei Zheng ◽  
Kai Cheng ◽  
...  
Keyword(s):  
Therapeutic Drug Monitoring ◽  
One Dimension ◽  
Therapeutic Drug ◽  
Plasma Samples ◽  
Column Temperature ◽  
Injection Volume ◽  
Target Analytes ◽  
The One ◽  
Middle Column

Background: The trough concentration (Cmin) of Imatinib (IM) is closely related to the treatment outcomes and adverse reactions of patients with gastrointestinal stromal tumors (GIST). However, the drug plasma level has great interand intra-individual variability, and therapeutic drug monitoring (TDM) is highly recommended. Objective: To develop a novel, simple, and economical two-dimensional liquid chromatography method with ultraviolet detector (2D-LC-UV) for simultaneous determination of IM and its major active metabolite, N-demethyl imatinib (NDIM) in human plasma, and then apply the method for TDM of the drug. Method: Sample was processed by simple protein precipitation. Two target analytes were separated on the one-dimension column, captured on the middle column, and then transferred to the two-dimension column for further analysis. The detection was performed at 264 nm. The column temperature was maintained at 40˚C and the injection volume was 500 μL. Totally 32 plasma samples were obtained from patients with GIST who were receiving IM. Method: Sample was processed by simple protein precipitation. Two target analytes were separated on the one-dimension column, captured on the middle column, and then transferred to the two-dimension column for further analysis. The detection was performed at 264 nm. The column temperature was maintained at 40˚C and the injection volume was 500 μL. Totally 32 plasma samples were obtained from patients with GIST who were receiving IM. Conclusion: The novel 2D-LC-UV method is simple, stable, highly automated and independent of specialized technicians, which greatly increases the real-time capability of routine TDM for IM in hospital.

scholarly journals The Concept of Accuracy Analysis of the Vertical Displacements Gained from the Hydrostatic Levelling Systems’ Measurements

Sensors ◽  
2021 ◽  
Vol 21 (14) ◽  
pp. 4842
Author(s):  
Waldemar Kamiński
Keyword(s):  
Accuracy Assessment ◽  
Theoretical Models ◽  
Vertical Displacement ◽  
Serial Connection ◽  
Vertical Displacements ◽  
Comprehensive Determination ◽  
The One ◽  
The Individual ◽  
Reference Sensor

Nowadays, hydrostatic levelling is a widely used method for the vertical displacements’ determinations of objects such as bridges, viaducts, wharfs, tunnels, high buildings, historical buildings, special engineering objects (e.g., synchrotron), sports and entertainment halls. The measurements’ sensors implemented in the hydrostatic levelling systems (HLSs) consist of the reference sensor (RS) and sensors located on the controlled points (CPs). The reference sensor is the one that is placed at the point that (in theoretical assumptions) is not a subject to vertical displacements and the displacements of controlled points are determined according to its height. The hydrostatic levelling rule comes from the Bernoulli’s law. While using the Bernoulli’s principle in hydrostatic levelling, the following components have to be taken into account: atmospheric pressure, force of gravity, density of liquid used in sensors places at CPs. The parameters mentioned above are determined with some mean errors that influence on the accuracy assessment of vertical displacements. In the subject’s literature, there are some works describing the individual accuracy analyses of the components mentioned above. In this paper, the author proposes the concept of comprehensive determination of mean error of vertical displacement (of each CPs), calculated from the mean errors’ values of components dedicated for specific HLS. The formulas of covariances’ matrix were derived and they enable to make the accuracy assessment of the calculations’ results. The author also presented the subject of modelling of vertical displacements’ gained values. The dependences, enabling to conduct the statistic tests of received model’s parameters, were implemented. The conducted tests make it possible to verify the correctness of used theoretical models of the examined object treated as the rigid body. The practical analyses were conducted for two simulated variants of sensors’ connections in HLS. Variant no. I is the sensors’ serial connection. Variant no. II relies on the connection of each CPs with the reference sensor. The calculations’ results show that more detailed value estimations of the vertical displacements can be obtained using variant no. II.

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