SUBJECTIVE PUBLIC INTEREST: THEORY AND APPLIED PERSPECTIVES

2017 ◽  
Author(s):  
Oleh Khamkhodera ◽  
◽  
Ihor Pit ◽  
Keyword(s):  
Public Interest ◽  
Scientific Article ◽  
Constitutional Court ◽  
Internal Factor ◽  
Legal Form ◽  
Administrative Procedure ◽  
Social Nature ◽  
The Difference ◽  
Public Interest Theory ◽  
Judicial Protection

The scientific article is devoted to research of the essence of category «subjective public interest», its characteristic and types, also features of its realization and judicial protection. Nature and essence of the interest were considered, as a result of which it was defined the structure of interest in the framework of «internal factor theory», its connection with need and benefit. It was highlighted that today`s legislation doesn`t consist a distinction between interest, need and benefit. It was highlighted interest`s role in legal relationship and also defined the dependence interest`s guarantee`s extend on its connection with subjective law. It is considered that in decision of the Constitutional Court of Ukraine on 01.12.2004 № 18-рп/2004 term «law protected interest» is defined narrowly, as a result of which it was justified that there can be three types of law protected interest: 1) interest, covered by the subjective law; 2) interest, which is not covered by subjective law, but has a logically-meaning connection; 3) interest, which is not covered by subjective law and doesn`t have a logically-meaning connection. In the framework of research of conception of dividing interest on privet and public it was considered that category «public interest» should be understood in its quality meaning, and quantity should be used only to justified subjects-interest owners. It was considered that public interest has a social nature and privet – psychological. As a result, necessary features of privet interest were highlighted: its subjectivity and egocentrism. While related categories «public interest» and «state interest» it was justified the difference between their subjects, and after these we made a conclusion that public interest can be realized and protected by common citizens by use of legal form «subjective public interest». The internal structure of the subjective public interest was researched through the «internal factor» theory, as a result we highlighted two types of subjective public interest: subjectified public interest and publicized subjective interest. In addition, we justified features of legal embody of each interests type. In the framework of research of subjective public interest`s court protection were highlighted deficiencies of criteria to understand which legal interest can be court protected. Ways to address the problem were proposed and was concluded that today administrative procedure is more universal and effective in order to realize and protect subjective public interest.

scholarly journals Legal nature and features of retirement legal relations of Ukraine in terms of reforming

2020 ◽  
Vol 1 (1) ◽  
pp. 270-275
Author(s):  
Lyusya Mozhechuk
Keyword(s):  
Legal Status ◽  
Pension Reform ◽  
Scientific Article ◽  
Pension Insurance ◽  
Legal Form ◽  
Social Nature ◽  
Legal Relationship ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Entities

The article deals with study of the legal nature and specifics of pension legal relations in Ukraine in the context of pension reform. In the scientific article the definition of such concepts as «pension insurance», «pension» and «pension legal relations» is formed. The main features of pension legal relations are highlighted, in particular, the attention is paid to their redistributive and social-alimentary nature. The specific features of the subjects and the object of the pension legal relationship are disclosed. In particular, the legal status of general and special pension legal entities is provided. The features of the pension that distinguish it from other payments of a social nature are identified. The scientific article describes the relation between the concepts of «pension legal relations» and «legal relations in the field of pension provision». The attention is focused on the directions of reforming the sphere of pension provision of Ukraine and the measures taken at the first stage of reforming. The definition of pension provision of Ukraine is given. This is the kind of material security provided for by the legislation, granted that there are grounds specified by the current legislation of Ukraine. The organization-legal form of pension provision is a pension legal relationship that enables it not only to exist, but to function as a whole. By their legal nature, retirement relationships are complex and characterized by the presence of certain features, including a special subject and an object. Pension law relations have undergone significant changes today due to the first stage of Ukraine's pension reform.

scholarly journals How well do doctors understand a scientific article in English when it is not their first language? A randomised controlled trial

BMJ Open ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. e043444
Author(s):  
Martine Rostadmo ◽  
Siri Lunde Strømme ◽  
Magne Nylenna ◽  
Pal Gulbrandsen ◽  
Erlend Hem ◽  
...  
Keyword(s):  
Randomised Controlled Trial ◽  
Controlled Trial ◽  
First Language ◽  
Review Article ◽  
Scientific Article ◽  
Potential Range ◽  
Parallel Group ◽  
The Difference ◽  
Randomised Controlled ◽  
Primary Care Medicine

IntroductionEnglish is the lingua franca of science. How well doctors understand English is therefore crucial for their understanding of scientific articles. However, only 5% of the world’s population have English as their first language.MethodsObjectives: To compare doctors’ comprehension of a scientific article when read in their first language (Norwegian) versus their second language (English). Our hypothesis was that doctors reading the article in Norwegian would comprehend the content better than those reading it in English.Design: Parallel group randomised controlled trial. We randomised doctors to read the same clinical review article in either Norwegian or English, before completing a questionnaire about the content of the article.Setting: Conference in primary care medicine in Norway, 2018.Participants: 130 native Norwegian-speaking doctors, 71 women and 59 men. One participant withdrew before responding to the questionnaire and was excluded from the analyses.Interventions: Participants were randomly assigned to read a review article in either Norwegian (n=64) or English (n=66). Reading time was limited to 7 min followed by 7 min to answer a questionnaire.Main outcome measures: Total score on questions related to the article content (potential range −9 to 20).ResultsDoctors who read the article in Norwegian had a mean total score of 10.40 (SD 3.96) compared with 9.08 (SD 3.47) among doctors who read the article in English, giving a mean difference of 1.32 (95% CI 0.03 to 2.62; p=0.046). Age was independently associated with total score, with decreased comprehension with increasing age.ConclusionThe difference in comprehension between the group who read in Norwegian and the group who read in English was statistically significant but modest, suggesting that the language gap in academia is possible to overcome.

THEORETICAL BASIS FOR THE PREVENTION OF PENITENTIARY CRIMES

2021 ◽  
pp. 73-79
Author(s):  
Андрей Александрович Нуждин
Keyword(s):  
Crime Prevention ◽  
Theoretical Basis ◽  
Information Support ◽  
Scientific Article ◽  
Sources Of Information ◽  
Preventive Action ◽  
Theoretical Understanding ◽  
The Difference

В свете роста числа преступлений, совершаемых осужденными и лицами, заключенными под стражу, аспекты предупредительного воздействия на возникающие в уголовно-исполнительной системе процессы выходят на лидирующее место. Важно понимать, что сотрудниками учреждений и органов уголовно-исполнительной системы принимаются значительные усилия для минимизации преступных посягательств. Тем не менее данная деятельность не всегда является системной и логически последовательной. Представляется, что проблема кроется в теоретическом базисе борьбы с пенитенциарной преступностью, который до настоящего времени так полноценно и не сложился. Цель научной статьи заключается в теоретическом осмыслении института предупреждения пенитенциарных преступлений, уяснении методов и мер предупредительного воздействия, определения источников информационного обеспечения. Автор постарался максимально точно определить границы пенитенциарных преступлений, показать разницу в методах и мерах предупреждения преступности в уголовно-исполнительной системе. В статье указаны источники информационного обеспечения, проводя анализ которых возможно предельно ясно понимать, какие методы будут эффективными при выявлении причин и условий, способствующих совершению пенитенциарных преступлений, а какие меры будут способствовать борьбе с преступностью осужденных и лиц, заключенных под стражу. In the light of the growing number of crimes committed by convicted persons and persons in custody, the aspects of preventive impact on the processes that arise in the penitentiary system are taking a leading place. It is important to understand that employees of institutions and bodies of the penitentiary system make significant efforts to minimize criminal attacks. However, this activity is not always systematic and logically consistent. It seems that the problem lies in the theoretical basis of the fight against penitentiary crime, which has not yet fully developed. The purpose of the scientific article is to provide a theoretical understanding of the Institute for the prevention of penitentiary crimes, to understand the methods and measures of preventive action, and to determine the sources of information support. The author tried to define the boundaries of penitentiary crimes as accurately as possible, to show the difference in methods and measures of crime prevention in the penitentiary system. The article indicates the sources of information support, analyzing which is possible to understand very clearly what methods will be effective in identifying the causes and conditions that contribute to the Commission of penitentiary crimes, and what measures will contribute to the fight against crime of convicts and persons in custody.

scholarly journals ADMINISTRATIVE PROCEDURE FOR THE PROVISION OF ELECTRONIC SERVICES IN THE FORM OF A DECLARATION (NOTIFICATION) BY PHYSICAL PERSONS TO THE STATE ARCHITECTURAL AND CONSTRUCTION INSPECTION

2019 ◽  
pp. 74-77
Author(s):  
A. R. Ishkhanian
Keyword(s):  
Digital Signature ◽  
Software Package ◽  
The State ◽  
Scientific Article ◽  
Administrative Procedure ◽  
Electronic Service ◽  
Service Consumer ◽  
Construction Inspection ◽  
The Moment

The scientific article is devoted to the coverage of the administrative procedure for providing electronic services by the State Architectural and Construction Inspectorate of Ukraine. Different approaches to the concept of administrative procedure in terms of e-services provision are discussed. The stages of the procedure of providing electronic service in the form of submission of a declaration (notification) by individuals are characterized. It is established that before commencing the process of submission of the declaration (message), the service consumer must have a personal key and a valid enhanced certificate, which will be used during the submission process to affix an electronic digital signature to the form with the declaration (message). You can obtain enhanced key certificates at an accredited key certification center. Thus, at the moment the service supports certificates issued by the certification center of the information and reference department of the Ministry of Revenue and Collections of Ukraine. Install a Java computing software package on your computer and enable JavaScript scripts to run in your browser. Please note that detailed Java installation instructions are available at http://java.com/download/installed.jsp. You can download Java directly for Windows from http://www.java.com/download/windows_xpi.jsp. How to enable JavaScript scripts in your browser (http://www.enable-javascript.com/en/). It is concluded that the procedure of providing the service in electronic form, for example, the submission of a declaration (notification) by the state architectural and construction inspection of Ukraine is regulated in detail on the official website and still needs to improve the quality of the provision of these services in the form of simplification and accessibility for all consumers services.

scholarly journals The official name of the Russian state in the domestic norm-making practice of the second half of the XIXth century

2021 ◽  
Vol 4 ◽  
pp. 11-19
Author(s):  
I. V. Ganusenko ◽  
Keyword(s):  
Public Relations ◽  
Semantic Content ◽  
Russian Empire ◽  
The State ◽  
Historical Period ◽  
Scientific Article ◽  
Russian State ◽  
The Difference ◽  
Xix Century ◽  
Relationship Of

Consideration in the scientific article The question of the relationship of the regulatory terminology used as the official name of the Russian state is due to the problem of the absence of a single scientific approach in determining its semantic content and is dedicated to the 300th anniversary of the proclamation of the name of the state “Russian Empire”. The features of the rulemaking practice on the official consolidation of the name of the state with the simultaneous use of regulatory terms “Russia”, “Russian Empire”, “Empire” and “Russian State”, having an equivalent semantic value in the name of the same state that operated in the specific historical period of its development. Allocated the generals patterns of the applied context of said terminology in regulatory legal acts of various sectoral affiliation. It was concluded that there is no synonymous properties and the difference in the context of the contents of the second half of the XIX century the terms “Russia” and “Russian Empire”, which are used by the domestic legislator, which is used depending on the type and subject of regulated public relations.

scholarly journals The right to peaceful enjoyment of property and the security measure of the forfeiture of cash in the jurisprudence of the Serbian Constitutional Court: Certain uncertainty

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 620-644
Author(s):  
Tamás Korhecz
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Public Interest ◽  
Cash Transfer ◽  
Constitutional Court ◽  
The Public ◽  
Cross Border ◽  
Security Measure ◽  
European Court ◽  
The Right

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.

scholarly journals Quo Vadis Patent Litigation: Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC) - In Search of the Bigger Picture on Patent Validity

2021 ◽  
Vol 24 ◽  
pp. 1-14
Author(s):  
Bonginkosi Shozi ◽  
Yousuf Vawda
Keyword(s):  
Public Interest ◽  
Animal Health ◽  
Patent Law ◽  
Constitutional Court ◽  
Patent Litigation ◽  
High Court ◽  
Res Judicata ◽  
Quo Vadis ◽  
Patent Validity ◽  
Validity Of A Patent

In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the validity of a patent and, as it concerns issues that go the heart of patent law, the judgment potentially has far-reaching implications for patent litigation in South Africa. At issue was the question of whether a court's finding of patent validity on one ground in a revocation hearing ought to have a bearing on a subsequent infringement hearing on the same patent, to the extent that the alleged infringer is barred from raising a different ground to attack the validity of a patent. In essence, did the attempt to do so offend the principle of res judicata? This was a direct appeal to the Constitutional Court after the High Court ruled that it did so offend, and the Supreme Court of Appeal refused leave to appeal. The Constitutional Court was deadlocked on this issue, with the result that the decision of the High Court refusing Ascendis' application to amend to introduce a new ground of attack stands, and the res judicata objection was upheld. The decision raises important questions about the application of the principle of res judicata in such cases where the Patents Act allows dual proceedings for revocation and infringement actions, the meaning of provisions of the Act as they relate to the certification of patent claims, and the broader public interest considerations implicated in patent law adjudication. This note observes that while the outcome sends a strong signal about the courts' displeasure at attempts to prosecute "repeat litigation", an unsatisfactory outcome is that patents can apparently be validated on the basis of merely one of the mandatory requirements for patent validity as required by the Act. It argues that such an outcome is undesirable and does not serve the public interest. This is because it closes the door to further challenges while potentially thousands of patents, which would not have passed the validity test had they been subjected to substantive examination, remain on the patent register.

scholarly journals In the name of the public: Representatives of collective and wider interest of the public in administrative matters in Serbia

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 504-531
Author(s):  
Jelena Jerinić
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Legal Framework ◽  
Interested Party ◽  
The Public ◽  
Administrative Procedure ◽  
Active Approach ◽  
Legal Provisions ◽  
Direct Indication ◽  
Administrative Procedures

Serbian Law on General Administrative Procedure (LGAP) opened a possibility for broadening the standing in administrative procedures and administrative disputes, by inclusion of subjects representing collective interests and interest of the wider public - primarily, citizen associations and similar organizations. However, by failing to regulate a series of concrete issues, the Law places the administration and the Administrative Court before a challenge, demanding from them an extensive interpretation of not only LGAP's provisions, but other legislation already recognizing such organizations as AIDS in realization of the public interest. The author analyzes relevant legislation, as well as available administrative and court caselaw in search of these answers. The lack of explicit legal provisions could be balanced by a creative approach in practice, especially by the Administrative Court. Having in mind comparative solutions, the question arises whether it is necessary to regulate this category of potential parties separately or to link it more explicitly to the already existing notion of an interested party. Instead, completely new notions have been introduced - collective interests and the wider interests of the public - which are not or not consistently defined in Serbian law. The current, not so voluminous case law, shows that the administrative bodies need a more direct indication of the rules, i.e. a more explicit definitions of these terms. However, despite the restrictive legal framework, administrative bodies should be open to understanding the specific circumstances, i.e. the motivation that an organization has when it seeks standing. In the normative sphere, one of the solutions could be to envisage the analogous application of LGAP's provisions on the interested party. Other solutions could be sought in explicitly mentioning them in the provisions on right to appeal. The current formulations of LGAP do not provide sufficient guidance to the administration and an extensive interpretation would be a great challenge for them. An active approach of the Administrative Court could show the way for the administration toward and effective application of these provisions of LGAP.

scholarly journals 人工智能批判的話語悖論

2019 ◽  
Vol 17 (2) ◽  
pp. 133-137
Author(s):  
Fen LIN
Keyword(s):  
New Technologies ◽  
New Technology ◽  
Critical Issue ◽  
Human Beings ◽  
Policy Makers ◽  
Social Nature ◽  
The Social ◽  
The Difference ◽  
Medical Accident ◽  
The Relationship

LANGUAGE NOTE | Document text in Chinese; abstract in English only.In the dominant discourse of the "human–machine relationship," people and machines are the subjects, with a mutually shaping influence. However, this framework neglects the crux of the current critical analysis of AI. It reduces the problems with new technology to the relationship between people and machines, ignoring the re-shaping of the relationship between "people and people" in the era of new technology. This simplification may mislead policy and legal regulations for new technologies. Why would a robot killing cause more panic than a murder committed by a human? Why is a robot's misdiagnosis more troubling than a doctor's? Why do patients assume that machines make more accurate diagnoses than doctors? When a medical accident occurs, who is responsible for the mistakes of an intelligent medical system? In the framework of traditional professionalism, the relationship between doctors and patients, whether trusted or not, is based on the premise that doctors have specialized knowledge that patients do not possess. Therefore, the authority of a doctor is the authority of knowledge. In the age of intelligence, do machines provide information or knowledge? Can this strengthen or weaken the authority of doctors? It is likely that in the age of intelligence, the professionalism, authority and trustworthiness of doctors require a new knowledge base. Therefore, the de-skilling of doctors is not an issue of individual doctors, but demands an update of the knowledge of the entire industry. Recognizing this, policy makers must not focus solely on the use of machines, but take a wider perspective, considering how to promote the development of doctors and coordinate the relationship between doctors with different levels of knowledge development. We often ask, "In the era of intelligence, what defines a human?" This philosophical thinking should be directed toward not only the difference between machines and people as individuals, but also how the relationship between human beings, i.e., the social nature of humans, evolves in different technological environments. In short, this commentary stresses that a "good" machine or an "evil" machine—beyond the sci-fi romance of such discourse—reflects the evolution of the relationships between people. In today's smart age, the critical issue is not the relationship between people and machines. It is how people adjust their relationships with other people as machines become necessary tools in life. In the era of intelligence, therefore, our legislation, policy and ethical discussion should resume their focus on evolutionary relationships between people.DOWNLOAD HISTORY | This article has been downloaded 41 times in Digital Commons before migrating into this platform.

LEGAL JUSTICE IN PRESIDENTIAL IMPEACHMENT PRACTICE BETWEEN INDONESIA AND THE UNITED STATES OF AMERICA

2021 ◽  
Vol 9 (3) ◽  
pp. 465
Author(s):  
Hanif Fudin
Keyword(s):  
United States ◽  
Rule Of Law ◽  
House Of Representatives ◽  
The United States ◽  
Scientific Article ◽  
Constitutional Court ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Basic Law ◽  
Republican Government

The constitution is approved as a law capable of guaranteeing human rights and protection of the constitution and past coordination, as well as being the corpus of the administration of the rule of law entity itself. Regarding the state of Indonesia and the United States, if examined by these two countries, they have similarities in the form of republican government or presidential system of government. However, on the contrary, in the impeachment transition, the two countries appear to be dichotomous both formally and materially. Therefore, this scientific article discusses reviewing the impeachment provisions of the Presidents of the two countries who agree to develop agreements and principles in checks and balances in trying to actualize the value of the country's legal justice. Therefore, in approving the discourse of research methods, descriptive-comparative methods are used with normative-philosophical and comparative-critical discussions. On that basis, this study discusses the practice of presidential impeachment in Indonesia to consider more legal justice, because it is through a legal process involving the Constitutional Court which implements practices in the United States that only involve the Senate and the House of Representatives which incidentally is a political institution. It considers the constitution in the basic law of the country.

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