scholarly journals LEGAL CONCLUSION OF THE CASSATION COURT AS A TOOL TO ENSURE THE STABILITY AND UNITY OF JUDICIAL PRACTICE IN UKRAINE

2021 ◽  
Author(s):  
Valentyn Serdiuk ◽  
◽  
Anastasiia Babii ◽  
Khrystyna Kaydrovych ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Practical Issue ◽  
Judicial Practice ◽  
The Stability

The article reveals a practical issue related to the legal conclusion of the cassation court as a tool to ensure the stability and unity of judicial practice in Ukraine.

scholarly journals Criminal Law Characteristics of an Organized Group

Lex Russica ◽  
2021 ◽  
pp. 58-68
Author(s):  
S. D. Demchuk
Keyword(s):  
Criminal Group ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Close Relationship ◽  
Group Members ◽  
Stable Association ◽  
The Stability ◽  
Correct Understanding ◽  
Group Characteristics

The paper examines the content of the organized criminal group characteristics provided for under the law. The criminal activity of a stable association of persons poses an increased public danger. The identification of such facts and their investigation is fraught with significant difficulties that arise also due to the evaluative nature of the concept of "organized group". Therefore, its essence is analyzed not only on the basis of theoretical sources, but also in the context of judicial practice. The author compares and generalizes the signs listed in the relevant decisions of the Plenum of the Supreme Court of the Russian Federation and in court decisions on specific criminal cases. A correct understanding of the organized group characteristics is necessary for the competent qualification of crimes committed by its members, and the successful proof of their fault. The author summarizes that the sustainability of complicity is based on two complementary aspects. The first provides for a close, relatively long-term relationship between members of the group united by criminal motivation and goals (which ensures the stability of its main composition), as well as the recognition by ordinary participants of the decisions of their leader or the leading core of the group or decisions jointly made by the group as binding. The second aspect of sustainability provides for the implementation of effective criminal activity through the advance development of its plan and a clear distribution of role functions among the group members, ensuring the consistency of their actions, and the implementation of other measures necessary for the successful achievement of the intended goals. In cases where the conspiracy of the members of the group occurred immediately before the commission of the crime or took place in advance, but there was no close relationship and careful joint preparation for it we deal with a group of persons created by prior conspiracy due to the lack of stability of such an association.

scholarly journals Confl ict Regulation of Debtor’s Transactions Invalidity in Cross-Border Insolvency

2021 ◽  
Vol 16 (1) ◽  
pp. 147-155
Author(s):  
M. I. Polshkova
Keyword(s):  
Legal Regulation ◽  
European Regulation ◽  
Applicable Law ◽  
Cross Border ◽  
Judicial Practice ◽  
Foreign Law ◽  
Bankruptcy Procedure ◽  
The Stability ◽  
Relationship Of

Given the lack of proper legal regulation of both cross-border insolvency in general and the invalidity of transactions in cross-border insolvency in the Russian law, the author analyzes Russian judicial practice revealing the problem of determining applicable law in challenging the debtor’s transactions in the framework of the insolvency procedure. The author concludes that the Russian judicial practice shows that determination of the law applicable to the invalidity of transactions is contingent on the existence of a bankruptcy procedure and on the grounds for recognizing the transaction as invalid. Based on the analysis of the European regulation of legal issues applicable when challenging the debtor’s transactions in cross-border insolvency, the author considers possible exceptions to the conflict of laws lex fori concursus for certain categories of third parties to be protected from unexpected interference in the legal relationship of the parties to foreign law in order to ensure the stability of the turnover and maintain legal certainty.

The Role of the Supreme Court in the Mechanism of Ensuring the Sustainability and Unity of Judicial Practice: Some Aspects

2020 ◽  
Vol 27 (3) ◽  
pp. 128-141
Author(s):  
Olha Shylo ◽  
Nataliia Hlynska
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Advisory Council ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
European Court ◽  
Scientific Analysis ◽  
The Supreme Court ◽  
The Stability ◽  
The Right

One of the means of ensuring the stability and unity of judicial practice is the decision of the Supreme Court, which deviates from the conclusion on the application of the rule of law in such legal relations. The current criminal procedural legislation of Ukraine clearly regulates the procedure for such a derogation, which is generally in line with the case law of the European Court of Human Rights and international recommendations in this area. However, this procedure has immanent significant features that require scientific analysis of the current procedural form in this segment with regard to its adequacy to the needs of ensuring the right of everyone to a fair trial and society's expectations for reasonable predictability of court decisions. In view of this, within the framework of this study, the categories “unity” and “sustainability” of judicial practice as a subject of provision by the Supreme Court was carried out. To achieve this purpose, the authors used a set of modern general and special legal methods. The study considers the procedural order for the Supreme Court to deviate from the conclusion on the application of the rule of law in such legal relations; the legal nature of the issue of the hierarchy of legal positions of the Supreme Court is analysed. It is established that the key idea embodied by the legislator in the statutory model of the procedure for deviating from the opinion on the application of the rule of law is that the possibility of such a deviation from the opinion, depending on the composition of the court in which it was adopted and determines the "higher degree of significance" of such a conclusion and its application in further judicial practice. These areas were studied with the consideration of the recommendations of the Advisory Council of European Judges, as well as the relevant practice of the Supreme Court

Numerical Analysis on Vertical Structural Stability of Floating Drilled Shaft during Sinking

2011 ◽  
Vol 368-373 ◽  
pp. 2625-2629
Author(s):  
Ji Min Liu ◽  
Chang Bo Wang
Keyword(s):  
Finite Element Method ◽  
Structural Stability ◽  
Mechanical Analysis ◽  
Drilled Shaft ◽  
Practical Issue ◽  
Reasonable Range ◽  
Shaft Lining ◽  
Simulation Results ◽  
The Stability ◽  
Sinking And Floating

The vertical structural stability of floating drilled shaft during sinking is an important practical issue on the safety of boring technique in the deep and thick alluvium. In fact, the vertical structural stability of shaft lining is a matter of overturn buckling. Theoretical analysis shows that the height of balance water (HBW) is the most important factor for the vertical structural stability of shaft lining. If the HBW is controlled in a reasonable range, the shaft lining will not buckle during construction. The shaft lining is regarded as a slender bar with closed bottom and floating in the mud while sinking. According to the mechanical analysis on the shaft lining from floating and sinking to the process of contacting the well bottom, a reasonable range of the HBW is deduced. Finally, with practical instances, the author in this article introduces the calculation principle in vertical structural stability of shaft lining while sinking and floating using finite element method (FEM). The simulation results show that in the reasonable range of HBW, the stability of shaft lining increases as the height of balance water goes up.

scholarly journals Nullity of Administrative Acts: Grounds, Legal Regime, Discretion

2021 ◽  
Vol 18 (2) ◽  
pp. 228-242
Author(s):  
O. N. Sherstoboev
Keyword(s):  
Legal Doctrine ◽  
Judicial Practice ◽  
Legal Method ◽  
Administrative Procedures ◽  
Legitimate Expectations ◽  
Administrative Act ◽  
The Stability ◽  
The Moment ◽  
Legal Concepts

The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.

Abandonment in Danger, Resulting in the Death of the Victim: Problems of Theory and Judicial Practice

2021 ◽  
pp. 82-92
Author(s):  
Vladimir N. Safonov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Theoretical Explanation ◽  
Point Of View ◽  
Criminal Cases ◽  
Dialectical Approach ◽  
Judicial Practice ◽  
The Stability

Problem Statement. The inconsistency of judicial practice in criminal cases of abandonment in danger remains an urgent theoretical, legal and practical problem that needs doctrinal coverage. The second premise of the study is the inconsistency of the established judicial practice in cases of this category with the principles of the criminal law-legality, justice, guilt. Goals and Objectives of the Study, Research Methods. The goal is to provide a theoretical explanation and practical suggestions for optimizing judicial practice in cases of this category. The study is carried out in the tradition of a dialectical approach to the content and essence of any social phenomenon, in the coordinates of which the state of the phenomenon under consideration is determined by the content and the ratio of the factors forming this phenomenon. From this point of view, the current practice of reviewing criminal cases on the most dangerous type of abandonment of an unauthorized person in danger, which resulted in his death, is subjected to research. The research methods are systematic, historical, logical, comparative, and proper – legal. Results and Summary Conclusions. The article presents a picture of the contradictory judicial practice in criminal cases of abandonment in danger, and provides a cross-section of theoretical views on the problem under consideration. The main focus is on the consideration of leaving the victim in danger, resulting in his death. It is argued that the reason for the different qualifications of abandonment in danger, associated with the onset of serious consequences (causing harm to the health or death of the victim), is due to the disregard by law enforcement officers of the understanding of this act as a single mechanism of criminal behavior, including the uniqueness of the objective signs of the act with their reflection in the consciousness of the perpetrator. The conclusion is made about the need for a systematic approach to the legal assessment of the phenomenon of abandonment in danger with the subsequent causing of death. In addition to the stability of judicial practice, the author believes that this would lead to a more precise adherence to the principles of criminal law: legality, justice, and guilt. The same principles would be more consistent with the qualification activities of law enforcement entities as a component of the State’s criminal law policy.

Open discussion

1982 ◽  
Vol 99 ◽  
pp. 605-613
Author(s):  
P. S. Conti
Keyword(s):  
Buenos Aires ◽  
Large Mass ◽  
List Type ◽  
Common Phenomenon ◽  
Open Discussion ◽  
The Stability ◽  
Ring Nebulae

Conti: One of the main conclusions of the Wolf-Rayet symposium in Buenos Aires was that Wolf-Rayet stars are evolutionary products of massive objects. Some questions:–Do hot helium-rich stars, that are not Wolf-Rayet stars, exist?–What about the stability of helium rich stars of large mass? We know a helium rich star of ∼40 MO. Has the stability something to do with the wind?–Ring nebulae and bubbles : this seems to be a much more common phenomenon than we thought of some years age.–What is the origin of the subtypes? This is important to find a possible matching of scenarios to subtypes.

Symmetric Multistep Methods Revisited: II. Numerical Experiments

1999 ◽  
Vol 173 ◽  
pp. 309-314 ◽  
Author(s):  
T. Fukushima
Keyword(s):  
Multistep Methods ◽  
Computational Time ◽  
Integration Time ◽  
Implicit Methods ◽  
Symmetric Methods ◽  
Celestial Bodies ◽  
The Stability ◽  
Predictor Corrector ◽  
Symmetric Multistep Methods ◽  
Integration Errors

AbstractBy using the stability condition and general formulas developed by Fukushima (1998 = Paper I) we discovered that, just as in the case of the explicit symmetric multistep methods (Quinlan and Tremaine, 1990), when integrating orbital motions of celestial bodies, the implicit symmetric multistep methods used in the predictor-corrector manner lead to integration errors in position which grow linearly with the integration time if the stepsizes adopted are sufficiently small and if the number of corrections is sufficiently large, say two or three. We confirmed also that the symmetric methods (explicit or implicit) would produce the stepsize-dependent instabilities/resonances, which was discovered by A. Toomre in 1991 and confirmed by G.D. Quinlan for some high order explicit methods. Although the implicit methods require twice or more computational time for the same stepsize than the explicit symmetric ones do, they seem to be preferable since they reduce these undesirable features significantly.

Uniformity of Magnification from Different Electron Microscopes

1967 ◽  
Vol 25 ◽  
pp. 32-33
Author(s):  
Godfrey C. Hoskins ◽  
V. Williams ◽  
V. Allison
Keyword(s):  
Diffraction Grating ◽  
The Other ◽  
Carbon Replica ◽  
Electron Microscopes ◽  
The Stability

The method demonstrated is an adaptation of a proven procedure for accurately determining the magnification of light photomicrographs. Because of the stability of modern electrical lenses, the method is shown to be directly applicable for providing precise reproducibility of magnification in various models of electron microscopes.A readily recognizable area of a carbon replica of a crossed-line diffraction grating is used as a standard. The same area of the standard was photographed in Phillips EM 200, Hitachi HU-11B2, and RCA EMU 3F electron microscopes at taps representative of the range of magnification of each. Negatives from one microscope were selected as guides and printed at convenient magnifications; then negatives from each of the other microscopes were projected to register with these prints. By deferring measurement to the print rather than comparing negatives, correspondence of magnification of the specimen in the three microscopes could be brought to within 2%.

Effect of Improved ThO2 Particle Dispersion in Nickel on High-Temperature Strength

1970 ◽  
Vol 28 ◽  
pp. 444-445
Author(s):  
E. R. Kimmel ◽  
H. L. Anthony ◽  
W. Scheithauer
Keyword(s):  
High Temperature ◽  
Metal Matrix ◽  
Oxide Particle ◽  
Oxide Phase ◽  
Dislocation Motion ◽  
Particle Dispersion ◽  
High Temperature Strength ◽  
Strengthening Effect ◽  
Oxide Particles ◽  
The Stability

The strengthening effect at high temperature produced by a dispersed oxide phase in a metal matrix is seemingly dependent on at least two major contributors: oxide particle size and spatial distribution, and stability of the worked microstructure. These two are strongly interrelated. The stability of the microstructure is produced by polygonization of the worked structure forming low angle cell boundaries which become anchored by the dispersed oxide particles. The effect of the particles on strength is therefore twofold, in that they stabilize the worked microstructure and also hinder dislocation motion during loading.

Sign in / Sign up

Export Citation Format

Share Document