scholarly journals Regarding the Issue on Multidisciplinary Forensic Examinations to Establish the Fact of Contact Interaction

2020 ◽  
Vol 91 (4) ◽  
pp. 305-313
Author(s):  
K. P. Sylenok ◽  
O. Y. Hrosheva
Keyword(s):  
Contact Interaction ◽  
Judicial Practice ◽  
The Status ◽  
Specific Contact ◽  
Long Time ◽  
Scientific Substantiation ◽  
The Individual ◽  
Contact Mechanism ◽  
Trace Formation ◽  
Theoretical Developments

The authors of the article analyze theoretical developments on the status of multidisciplinary forensic examinations. Attention is paid to the analysis of the state of legal and methodological support in the appointment and conduct of multidisciplinary forensic examinations. On the example of multidisciplinary forensic examination on the establishment of the fact and circumstances of objects contact interaction, the authors have demonstrated the insufficiency of methodological support in this area and have substantiated the need to develop common and individual methods. Attention is drawn to availability of a practical need for widespread use of multidisciplinary forensic examinations within investigative and judicial practice. Opinions of scholars concerning the expediency and scientific substantiation of carrying out multidisciplinary forensic examinations for establishing the fact and circumstances of contact interaction are analyzed. The lack of a full legislative and methodological regulation in this area leads to difficulties in forensic expert practice and requires additional coverage and processing. Discussion in the scientific community as to the main aspects of determining the fact of contact interaction of objects has been going on for a long time. Some scholars strongly suggest that while interaction of two or more objects, several individual independent identification tasks are being resolved and the absence of at least one individualizing feature does not provide grounds for drawing a firm conclusion on the fact of contact interaction. We adhere to a different opinion of scholars and believe that a trace reflects both a particular property of a specific contact area and many interconnected properties of all objects in contact, and most important: the mechanism of trace formation. In the course of establishment of sufficient, unique set of generic (group) features and features of the contact mechanism, the individual complex allowing us to establish the fact of contact interaction of objects is formed.

GROUNDS FOR INITIATING INDIVIDUAL INSOLVENCY PROCEEDINGS UNDER THE LEGISLATION OF UKRAINE AND GERMANY

2018 ◽  
Author(s):  
Rodion Poliakov ◽  
Keyword(s):  
Positive Impact ◽  
German Law ◽  
Legal Regulation ◽  
Unsuccessful Attempt ◽  
Judicial Practice ◽  
The Status ◽  
Bankruptcy Code ◽  
The Individual ◽  
Insolvency Proceedings ◽  
Qualitative Characteristics

The article examines the grounds for initiating individual insolvency proceedings, which are regulated by Ukrainian and German law, as well as current positions of judicial practice in this area. Proposals are made to improve the provisions of the Bankruptcy Code of Ukraine and the Law of Ukraine «On Judicial Fees», which will have a positive impact on the legal regulation of insolvency of individuals and law enforcement practice in this area. It is established that in Ukraine the legislator uses not only the principle of insolvency or threat of insolvency to open an insolvency of a citizen, as is the case with a legal entity, but also payment inability. The author notes that using the principle of insolvency, the Ukrainian legislator in one case indicates the minimum amount of debt, and in another sets only the terms of suspension of payments and the minimum percentage of arrears, and in determining the threat of insolvency and payment inability does not provide any quantitative and qualitative characteristics. It is suggested that debtors must have the property in necessary amount to cover court costs when initiating insolvency proceedings. It is proposed to establish a court fee for filing an application for insolvency proceedings, differentiating its size depending on whether the individual debtor has the status of an individual-entrepreneur. It is noted that under German law, the procedure of insolvency of individuals may be opened at the request of both the debtor and the creditor. It is established that the opening of individual insolvency proceedings in Germany is possible only if there are additional grounds, such as: unsuccessful attempt of pre-trial settlement of debt within six months before the filing of the application for initiation of proceedings; availability of a certificate issued by a special entity and certifying a failed attempt of a pre-trial settlement; submission of an application for discharge from residual debt or an application for refusal of such discharge.

scholarly journals The role of the advocate in the ensuring the unity of the judicial practice in civil cases

2021 ◽  
Author(s):  
O. I. Popov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Civil Process ◽  
Judicial Practice ◽  
Active Subject ◽  
The Supreme Court ◽  
The Status ◽  
Civil Cases ◽  
Grand Chamber ◽  
The Individual

The presented work highlights the possible ways of the advocate's influence on the implementation by the Supreme Court of the function of ensuring the unity of judicial practice in civil cases. Without denying the status of the Supreme Court as a central institution in the field of forming unified approaches to law enforcement, attention is focused on the fact that the dynamics of procedural legislation in terms of regulating procedures for access to cassation in civil cases allows us to rethink the mission and content of the representative function of a lawyer at the appropriate stage of the civil process. Based on the analysis of the current edition of the Civil Procedure Code of Ukraine, it is argued that the ability of the advocate to be an active subject of influence on the formation of a unified law enforcement practice is most noticeably manifested when overcoming existing filters of access to cassation, in particular, when applying to the Supreme Court with a cassation appeal, which today demands from the advocate extended argumentation when proving the existence of grounds for cassation revision, with a thorough analysis of the established practice of the cassation court and, at times, giving reasons for the need to deviate from such practice and form new law enforcement approaches.          Along with the above, among the individual methods of influence of the advocate on ensuring the unity of judicial practice, the filing of a petition for the suspension of proceedings on the basis of a review of a court decision in similar legal relations (in another case) by way of appeal by the chambers of the Supreme Court, as well as a petition to transfer the case for consideration The Grand Chamber of the Supreme Court in connection with the need to resolve an exceptional legal problem.

Ukrainian community life of believers

2008 ◽  
pp. 110-134
Author(s):  
Pavlo Yuriyovych Pavlenko
Keyword(s):  
Religious Life ◽  
Main Task ◽  
Community Life ◽  
Religious Activity ◽  
Existence Of God ◽  
Religious System ◽  
Real Presence ◽  
The Status ◽  
Intimate Relations ◽  
The Individual

The cornerstone of any religion is its anthropological concept, which seeks to determine the essential orientations of man, to outline the ideological framework of its existence, to represent the idea of ​​its essence, purpose in earthly life. The main task of the religious system is the act of involving and subordinating man to the spiritual divine realm as the realm of the transcendental existence of God. Belief in the real presence of the latter implies a new understanding of oneself, which ultimately leads the religious individual to the desire to be involved in this transcendental existence, to have intimate relations with him, to have a consciousness inherent in God. Note that in this context, all human being is interpreted as a certain arena for this realization. Therefore, the religious life of the individual acquires the status of religious activity.

Victorian Pain

2017 ◽  
Author(s):  
Rachel Ablow
Keyword(s):  
Nineteenth Century ◽  
Victorian Literature ◽  
Social Life ◽  
Charles Darwin ◽  
Harriet Martineau ◽  
The Status ◽  
History Of ◽  
The Individual ◽  
Natural Philosophers ◽  
First Time

The nineteenth century introduced developments in science and medicine that made the eradication of pain conceivable for the first time. This new understanding of pain brought with it a complex set of moral and philosophical dilemmas. If pain serves no obvious purpose, how do we reconcile its existence with a well-ordered universe? Examining how writers of the day engaged with such questions, this book offers a compelling new literary and philosophical history of modern pain. The book provides close readings of novelists Charlotte Brontë and Thomas Hardy and political and natural philosophers John Stuart Mill, Harriet Martineau, and Charles Darwin, as well as a variety of medical, scientific, and popular writers of the Victorian age. The book explores how discussions of pain served as investigations into the status of persons and the nature and parameters of social life. No longer conceivable as divine trial or punishment, pain in the nineteenth century came to seem instead like a historical accident suggesting little or nothing about the individual who suffers. A landmark study of Victorian literature and the history of pain, the book shows how these writers came to see pain as a social as well as a personal problem. Rather than simply self-evident to the sufferer and unknowable to anyone else, pain was also understood to be produced between persons—and even, perhaps, by the fictions they read.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

Foundations and Introduction of Islamic Economics: Role and Trends

2020 ◽  
Vol 3 (3) ◽  
pp. 121-138
Author(s):  
Dr. Bilal Ahmad Khan
Keyword(s):  
Modern Science ◽  
Central Position ◽  
Islamic Philosophy ◽  
Moral Training ◽  
Human Ability ◽  
The Status ◽  
Distribution Of Resources ◽  
The Rich ◽  
Specific Concept ◽  
The Individual

Islamic economics based on specific concept of universe and the creation of man is contradictory to the concept adopted and accepted by modern science. Islamic economics postulates although ability and expertise is required for progress and growth but distribution of resources completely dependent on it would be cruel, inhuman and bereft of kindness, and lead to oppression. Islamic economics does not favor making human ability and expertise the fulcrum of resource distribution. It should be kind, considerate and based on justice and fairness. This is because according to Islamic philosophy, ownership is considered to be a trust from Allah which has been bestowed on the rich so that they may utilize it correctly. In Islamic economics the role of the individual, has inclinations and his aims and objectives occupy a central position and are vitally important. He is definitely a rational being but his level of rationality is not confined to the calculations of cost and profit. An individual does not want merely to obtain monetary profit and physical pleasure and leisure but he also wants and aims for something beyond what the material world has to offer. The main aim of the study is to find out the relationship between Islam and economics. In Islamic economics the comprehensive moral training of the individual, his technical and educational ability, his aims and his priorities are of primary importance. According to Islamic economics the means of acquiring wealth has the same importance as wealth itself. Dishonesty, abuse of trust and earning of wealth through fraudulent ways and means may perhaps increase the status of an individual but the society suffers because of it on the whole. This leads to an unjust and oppressive economic system.

ADHD with Comorbid Bipolar Disorders: A Systematic Review of Neurobiological, Clinical and Pharmacological Aspects Across the Lifespan

2019 ◽  
Vol 26 (38) ◽  
pp. 6942-6969 ◽  
Author(s):  
Federico Mucci ◽  
Maria Teresa Avella ◽  
Donatella Marazziti
Keyword(s):  
Clinical Features ◽  
Adult Adhd ◽  
Neurodevelopmental Disorder ◽  
Bipolar Disorders ◽  
Mood Stabilizers ◽  
Disruptive Behaviour ◽  
Single Individual ◽  
Pharmacological Management ◽  
Long Time ◽  
The Individual

Background: Attention deficit hyperactivity (ADHD) disorder is a neurodevelopmental disorder characterized by inattention, hyperactivity, disruptive behaviour, and impulsivity. Despite considered typical of children for a long time, the persistence of ADHD symptoms in adulthood gained increasing interest during the last decades. Indeed, its diagnosis, albeit controversial, is rarely carried out even because ADHD is often comorbid with several other psychiatric diosrders, in particular with bipolar disorders (BDs), a condition that complicates the clinical picture, assessment and treatment. Aims: The aim of this paper was to systematically review the scientific literature on the neurobiological, clinical features and current pharmacological management of ADHD comorbid with BDs across the entire lifespan, with a major focus on the adulthood. Discussion: The pharmacology of ADHD-BD in adults is still empirical and influenced by the individual experience of the clinicians. Stimulants are endowed of a prompt efficacy and safety, whilst non-stimulants are useful when a substance abuse history is detected, although they require some weeks in order to be fully effective. In any case, an in-depth diagnostic and clinical evaluation of the single individual is mandatory. Conclusions: The comorbidity of ADHD with BD is still a controversial matter, as it is the notion of adult ADHD as a distinct nosological category. Indeed, some findings highlighted the presence of common neurobiological mechanisms and overlapping clinical features, although disagreement does exist. In any case, while expecting to disentangle this crucial question, a correct management of this comorbidity is essential, which requires the co-administration of mood stabilizers. Further controlled clinical studies in large samples of adult ADHD-BD patients appear extremely urgent in order to better define possible therapeutic guidelines, as well as alternative approaches for this potentially invalidating condition.

Aspects of Jewish Reception of the Ketuvim (Writings)

2018 ◽  
pp. 429-447
Author(s):  
Alan Cooper
Keyword(s):  
Teaching And Learning ◽  
The Status ◽  
The Individual

This chapter discusses three aspects of Jewish reception of the Ketuvim (Writings or Hagiographa): the status and authority of the Ketuvim in relation to the Torah (Pentateuch) and the Nevi’im (Prophets); the study and liturgical use of Ketuvim, focusing on the so-called Five Scrolls (hamesh megillot) and the Book of Psalms; and the character of traditional commentary on selected books, including recommendations for further reading. The Ketuvim were considered sacred and inspired, but at a lower level of inspiration than the Torah and the Prophets. They were regarded as diverting and edifying, but insufficiently authoritative to support the promulgation of law, which was the fundamental concern of rabbinic teaching and learning. On the whole, Jewish commentators seek to find consistency in the interpretation of the individual books, “taming” their originality in order to conform their meanings both to the rest of Scripture and to normative Jewish teachings.

‘Short-Spanned Living Creatures’: Evolutionary Perspectives in Rhoda Broughton’s Not Wisely, but Too Well (1867)

2021 ◽  
Author(s):  
James Aaron Green
Keyword(s):  
Natural Selection ◽  
Evolutionary Theory ◽  
Simple Structure ◽  
Charles Darwin ◽  
Origin Of Species ◽  
Charles Lyell ◽  
Crystal Palace ◽  
The Status ◽  
The Individual ◽  
Evolutionary Perspectives

Abstract In Geological Evidences of the Antiquity of Man (1863), Charles Lyell appraised the distinct contribution made by his protégé, Charles Darwin (On the Origin of Species (1859)), to evolutionary theory: ‘Progression … is not a necessary accompaniment of variation and natural selection [… Darwin’s theory accounts] equally well for what is called degradation, or a retrogressive movement towards a simple structure’. In Rhoda Broughton’s first novel, Not Wisely, but Too Well (1867), written contemporaneously with Lyell’s book, the Crystal Palace at Sydenham prompts precisely this sort of Darwinian ambivalence to progress; but whether British civilization ‘advance[s] or retreat[s]’, her narrator adds that this prophesized state ‘will not be in our days’ – its realization exceeds the single lifespan. This article argues that Not Wisely, but Too Well is attentive to the irreconcilability of Darwinism to the Victorian ‘idea of progress’: Broughton’s novel, distinctly from its peers, raises the retrogressive and nihilistic potentials of Darwin’s theory and purposes them to reflect on the status of the individual in mid-century Britain.

scholarly journals ‘How to become what you are’: Self-becoming and individuation in Nietzsche’s Ecce Homo and Hesse’s Demian and Steppenwolf

2021 ◽  
Vol 51 (1) ◽  
pp. 3-23
Author(s):  
Thomas Crew
Keyword(s):  
Human Being ◽  
The Status ◽  
Ecce Homo ◽  
The Individual

In this essay I consider the theme of individuation or self-becoming in Nietzsche’s Ecce Homo (1888) and Hesse’s Demian (1917) and Steppenwolf (1927). Although this task appears inter-disciplinary, Nietzsche’s autobiography can be considered a Bildungsroman in which ‘Nietzsche’ plays the protagonist. After showing the correspondences between Nietzsche’s and Hesse’s diagnoses of contemporary Europe, which can be summed up with the notion of ‘decadence’ or nihilism, I suggest that they both point towards the process of self-becoming as the ultimate remedy for both the individual and society. Self-becoming is a painful yet necessary process that holds the repeated destruction of the individual’s identity as the precondition for attaining the status of human being. It is a process implied by Nietzsche’s ‘formula for human greatness’: amor fati. Resistance to individuation leads to a state of ‘miserable ease’, embodied by what Hesse calls the ‘bourgeois’ and what Nietzsche terms the ‘last men’.

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