“JUDICIAL INVESTIGATION” IN CIVIL AND ARBITRATION PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 44-59
Author(s):  
A.V. YUDIN

In modern conditions, the abundance of various open sources of official information (mainly on the Internet) makes legally significant information on the case available to an indefinite circle of people. In the current reality, obtaining evidentiary information of this kind does not seem to be excessively labor-intensive for the court. The article discusses whether it is advisable to artificially restrict the court in obtaining this information only for doctrinal reasons of presenting evidence by persons participating in the case, and whether it is unacceptable for the court to collect evidence on its own initiative. The existing restriction seemed to be relevant in conditions where the evidentiary information was of an exclusive nature, and it was associated with certain efforts for the parties to obtain it. At the moment, the court is able to conduct a kind of “judicial investigation”, which is aimed at both discovering new information and verifying the information provided by the parties. By “judicial investigation” the author does not mean any formal procedure integrated into civil or arbitration proceedings, but rather a functional, cognitive aspect of judicial activity. Through “judicial investigation”, the court acquires a powerful tool for establishing and verifying the facts alleged by the parties. Considering possible arguments “for” and “against” such an investigation, the author leans in favor of its admissibility, despite the fact that it does not have a general character, does not turn into a purposeful search and collection by the court of information about the parties to the process and the case on the Internet, but turns into a targeted means of checking individual legally significant circumstances of the case.

Author(s):  
Edin Veletovac

Apart in the works of authors from the Principate period, we find interesting and significant information about military operations in Western Illyricum under Octavian Augustus (35 BC – 9 AD) in the works of Late Antiquity authors, such as Eutropius, Jerome, Rufus Festus and Jordanes. The main characteristics of this information depending on the author are generalisation,  brevity and simplification. Eutropius would belong to the first group, where we  can see that the assertions he brings forth regarding these events are of general  character but quite accurate at the same time. We also notice that Tiberius’s  Bellum Pannonicum did not receive full credit since Eutropius mentions him incidentally in the account of Drusus’s Germanic campaign. Unlike Eutropius,  Jerome presents information in a very brief manner, in the spirit of chronicles. Although admittedly he included all three operation phases in Western Illyricum in his work, we should note that the chronological segment is not satisfactory because many events do not correspond to actual dates. One of the reasons could be that this Christian author was misled by more significant events in certain cases. For example, he identified the year of Tiberius’s Germanic triumph with the time when he was awarded triumphal insignia for his  victories in Pannonia. Unlike these two authors, Rufus Festus and Jordanes  have the tendency to consciously or unconsciously simplify a situation. Despite giving a somewhat detailed insight, they tend to reduce a whole series of  events to a single conflict or person (which usually had a minor role), thereby  unrightfully leaving out the merits of the highest military officials, Tiberius in this case, which is the most evident in the reports regarding the war in Pannonia or the Great Illyrian Revolt.  The information observed in isolation does not offer especially useful data, apart from some exceptions, as in the case of Festus’s citations regarding the subjugation of the Amantini and Pannonian king Bato. We can claim that Festus is in fact the only author of the aforementioned ones who to some extent  shares new information about these events. This is not the case with other  three sources. In order to use them in a wider context, we need to combine  their assertions with other sources from the Principate without reducing their  value. Moreover, it is reasonable to doubt the credibility of assertions brought  forth by some Late Antiquity authors. This is observable in the example of  Jordanes who mentions a certain king of the Amantini while discussing the  conquest of Pannonia, although this person is nowhere to be mentioned, neither by Rufus Festus from whom Jordanes assumed the original information,  nor by other ancient and Late Antiquity sources.  


Author(s):  
Liudmyla Kurylo ◽  
◽  
Yaroslav Kozchenko ◽  

The author conducted a study of the role and actual functions of Internet marketing nowadays, analyzed the latest publications and studies of domestic and foreign scientists relating to Internet marketing. The definitions of Internet marketing by various scientists were considered. It was determined by the problematic that exists in the field of internet marketing at the moment. A review of modern tools we identified the main tools of Internet marketing, by which the communication occurs on the Internet: SEO (Search Engine Optimisation), search (paid) advertising, Media advertising, SMM (Social Media Marketing) social media marketing, content marketing, E-mail marketing; Hootsuit's company research analysis determined the number of Internet users and purchasing power in the online environment, which averaged 500 USD per year. The number of Internet users in the online environment averaged 500 USD per year. And also to prioritise specific types of products. We have also identified that search engines are the main source of learning new information for consumers. Having analysed the dynamics of internet penetration in Ukraine, it appears that the number of internet users increased by 8% in 2019, with 22.96 million Ukrainians using the internet at the end of 2019. The article examines the possibilities of Internet marketing tools that become available when using such a tool as web analytics, including: personalised offers to customers, building relationships with customers, after a purchase is made and increasing their retention rate. A study of advertising costs on the social network Facebook, during the presidential elections in Ukraine in 2019 and during the presidential race in the USA in 2020 was conducted. And also defined the role played by social networks in building relationships with the target audience. During the research, recommendations for the use of the main tools of Internet marketing were made and it was determined which business areas are not suitable for each of the tools. Based on the research and statistical data was predicted directions of development of Internet marketing.


1960 ◽  
Vol 27 (1) ◽  
pp. 172-176 ◽  
Author(s):  
B. Karunes ◽  
E. T. Onat

The paper is concerned with the plane motion of a rigid-strain-hardening membrane attached to two parallel fixed supports. The membrane is subjected to a uniformly distributed transverse impulse and the subsequent motion of the membrane is to be determined with the particular emphasis on the variation of thickness in the final deflected shape. It is first shown that two essentially different initial modes of deformation exist depending on the average rate of hardening. For both modes, the analysis can be based on two types of waves of discontinuity until the moment when the compressive membrane forces occur in the middle region of the membrane. The presence of compressive forces will generally preclude the existence of a unique solution for further motion. The bending rigidity will probably have to be included into the analysis in order to obtain a unique solution. However, for the technically important rates of hardening and velocities, the kinetic energy of the membrane at the moment of occurrence of compressive forces is small compared with the initial energy, so that significant information could be obtained from the present analysis about the variation of thickness and hardening throughout the membrane.


2019 ◽  
Vol 11 (3) ◽  
pp. 57 ◽  
Author(s):  
Lorenzo Vangelista ◽  
Marco Centenaro

The low-power wide-area network (LPWAN) paradigm is gradually gaining market acceptance. In particular, three prominent LPWAN technologies are emerging at the moment: LoRaWAN™ and SigFox™, which operate on unlicensed frequency bands, and NB-IoT, operating on licensed frequency bands. This paper deals with LoRaWAN™, and has the aim of describing a particularly interesting feature provided by the latest LoRaWAN™ specification—often neglected in the literature—i.e., the roaming capability between different operators of LoRaWAN™ networks, across the same country or even different countries. Recalling that LoRaWAN™ devices do not have a subscriber identification module (SIM) like cellular network terminals, at a first glance the implementation of roaming in LoRaWAN™ networks could seem intricate. The contribution of this paper consists in explaining the principles behind the implementation of a global LoRaWAN network, with particular focus on how to cope with the lack of the SIM in the architecture and how to realize roaming.


2019 ◽  
Vol 5 (4) ◽  
pp. 448-451
Author(s):  
L. Aripzhanova ◽  
M. Mukhitdinova

The article deals with the use of the Internet in teaching a foreign language. With the advent of the information age, both the scheme of knowledge transfer and the model of the learning process are changing sharply, which requires the improvement of professional training from the position of activation of cognitive processes.


2021 ◽  
Vol 93 ◽  
pp. 03003
Author(s):  
Anatoly Gretchenko ◽  
Alexander Gretchenko

Freelancing is largely based on finding a job through the Internet and by means of the Internet, which allows you to open up new opportunities for the Russian economy and make structural changes to it. But the attitude of Russian society to the new form of employment is still poorly understood. At the moment in Russia, freelancing is at the stage of development and its further development depends on the attitude of the society towards this type of employment. Today, Russian society is undergoing especially important changes in connection with the pandemic, which turned out to be an unexpected test for every person, as well as for the whole society. The self-isolation regime has strongly affected the economic spheres of life, confronted companies with remote work, and people with an understanding of all the positive and negative aspects of working outside the office. The hypotheses put forward have been partially confirmed. In modern Russian society, the attitude towards the freelancers is rather neutral, but the share of positive assessments is also high. A small proportion of respondents expressed a negative attitude towards the freelancers, which indicates an overall good attitude towards freelancing. Therefore, the main goal of this article is to identify the attitude towards freelancing in modern Russian society.


Author(s):  
Ghazi Hussein Shakah

<span>At the moment, all observed forms of communication are reduced either to a person-to-person scheme or person-to-device. But the Internet of Things (IoT) offers us a tremendous Internet future, in which will appear the communication type machine-machine (M2M). This makes it possible to integrate all communications into a common infrastructure, allowing not only to manage everything that is around us but also providing information about the state of these things. The purpose of this paper is to create the client part of the client-server system for remote control of home appliances using cloud services through commands entered using handwritten words. For this, we develop algorithms and methods for handwriting recognition using neural networks and implement a mobile application on the Android platform, which allows remote control of devices via cloud services based on commands entered using handwritten words. Anyway, this article will give a good understanding to other researchers who want to start their research on the IoT and will contribute to the effective accumulation of knowledge.</span>


Author(s):  
Iulian Marius COMAN

Technology has become the Intelligence Community’s new reliability, as well as its new challenge. The new transnational adversaries – international terrorists foremost among them – the flood of new information technologies, the easing of export controls on encryption technology and global access to the Internet, has led the security agencies to charting new directions in identifying, gaining access to and successfully exploiting target communications, through cooperation with all related bodies.


Author(s):  
John O. McGinnis

This chapter deals with dispersed media. New information technology has created a more dispersed media that, in combination with empirical inquiry and prediction markets, have the capacity to create a politics more focused on the consequences of public policy. Just as the government in the nineteenth century helped distribute policy and political information through the post office, so today it should be careful to facilitate distribution of such information through contemporary technologies. It is argued that our laws should give as much protection to the new, dispersed media as to the old media. The government should also encourage universal access to the Internet—the portal to much of the dispersed media. Finally, the government should deregulate and subsidize the provision of information in political campaigns, because campaigns remain the most effective route for public policy information to reach the mass of citizens who do not follow specialized media or even the news more generally.


Sign in / Sign up

Export Citation Format

Share Document