scholarly journals Stress and psychological trauma in workplace and the right to compensation for non-material damage

Temida ◽  
2012 ◽  
Vol 15 (1) ◽  
pp. 131-144
Author(s):  
Milanko Cabarkapa
Keyword(s):  
Psychological Trauma ◽  
Material Damage ◽  
The Right

scholarly journals PROBLEMATIC ASPECTS OF THE ISSUES RESOLUTION ABOUT DOCUMENTARY EVIDENCE OF MATERIAL DAMAGE (LOSSES) AMOUNT

2016 ◽  
Vol 16 ◽  
pp. 339-344
Author(s):  
V. V. Bukolova
Keyword(s):  
Material Damage ◽  
Documentary Evidence ◽  
Economic Activities ◽  
Research Objects ◽  
Business Entities ◽  
The Right ◽  
Expert Practice

Proceeding from the expert practice, consideration is given to the main aspects of determining the objects of research during the forensic economic examinations regarding the documentary evidence of calculation of the material damage (losses) amount. Account is given of the list of controlling bodies that have the right to conduct scheduled and unscheduled site inspections of financial and economic activities of business entities. A list of research objects that confirm the display of material damage (losses) in the enterprise's accounting records is proposed.

scholarly journals Safeguarding nutritional opportunities of first 1000 days of life during a pandemic: infant and young children feeding practices in the context of COVID-19 in India

2020 ◽  
Vol 7 (7) ◽  
pp. 2836
Author(s):  
Anila Varghese ◽  
Monika Agarwal
Keyword(s):  
Infant Feeding ◽  
Work Performance ◽  
Feeding Practices ◽  
Psychological Trauma ◽  
Child Feeding ◽  
Related Factors ◽  
Young Child Feeding ◽  
Nutrition Services ◽  
Nutritional Benefits ◽  
The Right

Children have milder clinical course and better prognosis from SARS-Co-V-2 infection. But the after-effects of this pandemic can have severe repercussions on nutrition of children, especially those who are already malnourished. Poor nutrition in the first 1,000 days of a child’s life can lead to stunted growth, which is associated with impaired cognitive ability and reduced school and work performance. Misconceptions about breastfeeding, food insecurity hampering the procurement of nutritious food, competing household needs, psychological trauma that affects child care practices and disruption or reduced utilization of routine nutrition services can negatively impact infant feeding during the pandemic. If nutrition related factors contributed to about 45% of global under-5 mortality before the onset of COVID-19, the figures can increase if appropriate infant and young child feeding practices are not followed. Years of dedicated work has resulted in the infant feeding indicators we cite today. Efforts should be made to prevent backsliding, resulting in increased child malnutrition and mortality. Appropriate measures at the right time to protect, promote and support optimal IYCF practices and thereby safeguard the nutritional benefits of the first 1000 days of life during this pandemic, will pay rich dividends in terms of a healthier next generation.

scholarly journals ODPOWIEDZIALNOŚĆ ‘AGRIMENSORES’ A ODPOWIEDZIALNOŚĆ GEODETÓW

2016 ◽  
Vol 14 (2) ◽  
pp. 123
Author(s):  
Bronisław Sitek
Keyword(s):  
Criminal Law ◽  
Civil Liability ◽  
Technical Skills ◽  
Roman Law ◽  
Material Damage ◽  
Individual Contribution ◽  
Full Compensation ◽  
Injured Party ◽  
The Right ◽  
Lack Of Knowledge

THE LIABILITY OF THE ‘AGRIMENSORES’ AND SURVEYORS’ LIABILITYSummaryThe agrimensores played an important role in the society of ancien Rome. They were highly respected for their technical skills and knowledge of mathematics. The grounds for the liability of the agrimensores were material damage caused intentionally by surveyor (dolus) and intent to deceive (fallere). An agrimensor was not liable for damage caused as a result of lack of knowledge or experience (imperitia). If several agrimensores onducted the surveying activities they were jointly liable (in solidum), regardless of their individual contribution to the damage. This type of liability could not be used when it was not possible to assign blame to one of the agrimensores. An agrimensor who had a slave to do the measuring held the liability and could not resort to noxal responsibility. Noxal responsibility could be applied if the shoddy work had been performed by a slave; in such cases the party suffering the damage could obtain dominion over the slave who had caused it or receive full compensation from the slave’s owner. The injured party could seek compensation on the grounds of a praetorian actio in factum. The injured party and his heirs had the right to submit a claim, which was subsidiary and therefore penal in nature, which meant it could not be brought against the heirs of the perpetrators. Actio in factum was used as an actio utilis and actio ad exemplum in other similar cases in surveying activities, such as when measuring wine or grain. Nowadays a surveyor’s liability is civil, criminal, administrative or disciplinary. The first two types are important when a specific injury or offence occurs. In such cases only a surveyor who carried out the surveying or cartographic activities on his own is liable. The study shows that, despite some similarities, there are differences between the liabilities of Roman agrimensores and of modern surveyors. Roman law used a system of praetorian civil liability which was penal in character, while today we have a stratified system of liability of up to four separate levels, where the injured party may use only one or submit a cumulative claim, seeking civil damages, and claiming punishment for the perpetrators under criminal law and/or disciplinary proceedings.

scholarly journals Cучасне трактування проблем насильства над дитиною

2021 ◽  
Vol 105 (1) ◽  
pp. 60-63
Author(s):  
Владислав Папуша
Keyword(s):  
Mental Health ◽  
Moral Development ◽  
21St Century ◽  
Best Interests ◽  
Material Damage ◽  
International Human Rights Law ◽  
Practical Action ◽  
Violence Against Children ◽  
The Government ◽  
The Right

The article analyzes the problems of violence against children. The essence and content of the complex of influences of risk factors are revealed, among which, first of all, there are: pedagogical neglect; social neglect and abnormalities in the child’s health. Victim features of adolescents are characterized. It has been argued that violence violates many of the rights of those protected by international human rights law. The government is responsible for taking measures to eliminate violence and provide equal protection for victims of violence. It is substantiated that the state should also take care of the development and proper functioning of social and psychological services, training of qualified psychologists and social educators, because their activities should bring the broadest and most effective results in solving the problem of domestic violence among Ukrainian families. Every child is guaranteed the right to liberty, security of person, protection of dignity and the best interests of the child. It has been shown that child abuse can include any act of violence, neglect, abuse or inability, unwillingness or inability to raise and care for children from parents or others, leading to actual or potential harm to the child. This problem at the present stage is quite acute and requires research and practical action. It is emphasized that in the 21st century, society must realize that violence against children is a problem of society as a whole. It is proposed to introduce the obligation of everyone to report the offenses committed against children that cause moral or material damage, damage to physical, mental health, moral development of the child. A timely response to reports of violence and other wrongdoing against children will undoubtedly contribute to preventive measures aimed at eliminating, blocking and neutralizing the determinants of their wrongdoing. At the same time, children themselves must be aware of their right to protection from all forms of violence. It is emphasized that in the 21st century, society must realize that violence against children is a problem of society as a whole. It is proposed to introduce the obligation of everyone to report the offenses committed against children that cause moral or material damage, damage to physical, mental health, moral development of the child.

scholarly journals Forensic and economic examination of fraud in finance and credit

2020 ◽  
Vol 2020 (2) ◽  
pp. 89-99
Author(s):  
Nazirkhan Gadzhievich Gadzhiev ◽  
Olga Vladimirovna Kiseleva ◽  
Sergei Aleksandrovich Konovalenko ◽  
Olga Viktorovna Skripkina
Keyword(s):  
Economic Security ◽  
Economic Crime ◽  
Material Damage ◽  
Highly Qualified ◽  
Legal Proceedings ◽  
National Economic ◽  
Complete Study ◽  
Special Knowledge ◽  
Illegal Acts ◽  
The Right

The paper is focused on the problem of detecting crimes committed in the financial sphere. It is a multifaceted study including analysis of global economic crime, statistical laws of crime development, as well as the international experience of identifying them. The crimes committed in the credit and financial sphere are of particular interest in the structure of economic crime, since they cause tremendous damage to the state, undermining the foundations of the country's national economic security. The economic crimes account for about 40% of the total amount of material damage inflicted. Among the most common types of crime in the financial sector is fraud. This category of crime has become widespread not only in Russia but also abroad. There has been given a conditional classification of fraud: fraud with credit and debit bank cards; intracorporate fraud of employees of a credit institution; fraud on the Internet and social networks; bank credit and loan fraud; other types of fraudulent activities with bank assets. Investigation of the criminal fraudulent acts in many ways cannot be carried out without using the special knowledge, methods and techniques of a forensic accountant. The right choice of the qualified experts with the necessary level of knowledge, professional skills and experience in the finance and credit by participants in legal proceedings is the basis for an objective, comprehensive and complete study, and the conclusion prepared by a competent expert is one of the evidence in a criminal case. The highly qualified accountant is primarily focused on collecting the documentary evidence of the illegal acts and establishing the exact amount of material damage from fraud. In international practice, there are used the specific methods of gathering evidence, application of which in Russian expert activities would allow revealing the facts of fraud more effectively. There has been stated the important and invaluable role of special accounting knowledge in conducting forensic and economic examination in the investigation of fraud in the finance and credit.

scholarly journals Psychogenic non-epileptic seizures (PNES) in the context of concurrent epilepsy – making the right diagnosis

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Andreas Liampas ◽  
Sofia Markoula ◽  
Panagiotis Zis ◽  
Markus Reuber
Keyword(s):  
Muscle Tone ◽  
Body Movement ◽  
Epileptic Seizures ◽  
Psychological Trauma ◽  
Aetiological Factor ◽  
Diagnostic Challenge ◽  
Seizure Disorders ◽  
Antiepileptic Drug Treatment ◽  
The Right ◽  
Patients With Epilepsy

AbstractEpilepsy is a risk factor for the development of psychogenic non-epileptic seizures (PNES) and comorbid epilepsy is recognized as a comorbidity in about 10–30% of patients with PNES. The combination of epileptic and nonepileptic seizures poses a particular diagnostic challenge. In patients with epilepsy, additional PNES may be suspected on the basis of their typical semiology. The possibility of additional PNES should also be considered if seizures fail to respond to antiepileptic drug treatment, in patients with frequent emergency admissions with seizures and in those who develop new types of seizures. The description of semiological details by patients and witnesses can suggest additional PNES. Home video recordings can support an initial diagnosis, however, especially in patients with mixed seizure disorders it is advisable to seek further diagnostic confirmation by capturing all habitual seizure types with video-EEG. The clinical features of PNES associated with epilepsy are similar to those in isolated PNES disorders and include longer duration, fluctuating course, asynchronous movements, pelvic thrusting, side-to-side head or body movement, persistently closed eyes and mouth, ictal crying, recall of ictal experiences and absence of postictal confusion. PNES can also present as syncope-like episodes with unresponsiveness and reduced muscle tone. There is no unique epileptological or brain pathology profile putting patients with epilepsy at risk of additional PNES. However, patients with epilepsy and PNES typically have lower educational achievements and higher levels of psychiatric comorbidities than patients with epilepsy alone. Psychological trauma, including sexual abuse, appears to be a less relevant aetiological factor in patients with mixed seizure disorders than those with isolated PNES, and the gender imbalance (i.e. the greater prevalence in women) is less marked in patients with PNES and additional epilepsy than those with PNES alone. PNES sometimes develop after epilepsy surgery. A diagnosis of ‘known epilepsy’ should never be accepted without (at least brief) critical review. This narrative review summarises clinical, electrophysiological and historical features that can help identify patients with epilepsy and additional PNES.

scholarly journals Vulnerability Assessment of Participants in Lithuanian Criminal Proceedings in the Context of EU Regulations

2014 ◽  
Vol 7 (2) ◽  
pp. 152-178
Author(s):  
Rima Ažubalytė ◽  
Jolanta Zajančkauskienė
Keyword(s):  
A Priori ◽  
Psychological Trauma ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Identification Procedure ◽  
Protection Measures ◽  
The Right ◽  
Vulnerable Adults ◽  
Vulnerable Persons ◽  
The Eu

ABSTRACT Despite the applicable general principles and essential standards provided for in the law, the right of vulnerable persons (i.e. children under 18 years of age and vulnerable adults, for example, adults with mental disabilities) to a fair hearing at different stages of criminal proceedings in the EU is not yet ensured to the full extent. Based on both EU and Lithuanian legal regulation, this article will review only the principal provisions concerning the allocation of victims, suspects, and accused persons to the category of “vulnerable persons”. Due to the scope of the article, the vulnerability identification procedure falls outside this research. EU and national legislation suggest that early identification of vulnerability allows for the provision of specific protection measures during criminal proceedings. Analysis of EU and Lithuanian normative acts suggests that minor victims are a priori considered vulnerable and specific protection measures must apply in their case. Meanwhile, the vulnerability of adult victims and their specific protection needs are not assessed at any stage of the proceedings in Lithuania, although the Code of Criminal Procedure provides for certain specific protection measures for victims who, due to a public hearing or questioning, may be subject to “psychological trauma or other serious consequences”. Given future EU requirements concerning suspected or accused children and current recommendations concerning the consideration of suspected or accused adults as vulnerable participants of the proceedings, Lithuanian legal regulations in this area must be improved.

scholarly journals MAXIMUM CRIMINAL SANCTIONS FOR THE PERSONNEL OF Rape ACCORDING TO ARTICLE 285 KHUP (Case Study of Decision Number 131 / Pid.B / 2019 / PN.Cbi)

2021 ◽  
Vol 1 (1) ◽  
pp. 154-172
Author(s):  
Usmanilala Usmanilala ◽  
Pitriadin Pitriadin
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Psychological Trauma ◽  
Criminal Cases ◽  
Criminal Sanctions ◽  
Library Research ◽  
Law Enforcement Officials ◽  
Victims Of Violence ◽  
The Right ◽  
Sense Of Justice

The research objective was to analyze and describe the provision of non-maximum criminal sanctions for perpetrators of the crime of rape according to Article 285 KHUP in Decision Number 131 / Pid.B / 2019 / PN.Cbi and to analyze and describe judges' considerations in deciding cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi. The research method used is the method of data analysis and library research / normative legal research, including primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study show that the imposition of criminal sanctions is not maximum for the perpetrators of the crime of rape in Decision Number 131 / Pid.B / 2019 / PN.Cbi has not provided a sense of justice for victims because in practice law enforcement officials including the panel of judges who should be a mouthpiece of justice turned out to be did not give maximum sanctions to the perpetrators, the panel of judges in the case even openly ignored the condition of victims who had experienced trauma and depression. This provides clear evidence that there is still a lack of guaranteed protection for victims of sexual violence, especially rape in Indonesian criminal justice. Judges considerations in deciding criminal cases of rape in decision No. 131 / Pid.B / 2019 / PN.Cbi which imposes imprisonment for 3 (years), namely when the perpetrator is aware of the consequences, the perpetrator is in a healthy condition and is capable of considering his actions. The judge also did not see any justification or excuse reasons which could be the reason for the elimination of the criminal offense committed by the perpetrator. The Panel of Judges only saw incriminating matters, namely the perpetrator's actions which made witness Erica Alendha Sari experience psychological trauma. In this case the judge did not consider guaranteeing the fulfillment of the rights of victims of sexual violence, especially rape, for remedy that must be accommodated at every stage of the criminal justice system. For this reason, it is necessary to formulate laws and regulations that guarantee the fulfillment of the right to treatment including the right to confidentiality of identity, the right to protection related to guarantees of not being blamed and prosecuted for their testimony and also the right to recovery for victims of violence so that they can continue their life.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

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