scholarly journals Between Necessity and Legal Responsibility: The Development of EEWS in Italy and its International Framework

2021 ◽  
Vol 9 ◽  
Author(s):  
Cecilia Valbonesi
Keyword(s):  
Legal System ◽  
Early Warning Systems ◽  
Legal Responsibility ◽  
Main Question ◽  
Protective Behavior ◽  
Ground Shaking ◽  
2009 L’Aquila Earthquake ◽  
Earthquake Effects ◽  
The Right ◽  
The Relationship

Earthquake Early Warning Systems (EEWSs) represent a technical-scientific challenge aimed at improving the chance of the population exposed to the earthquake shaking of surviving or being less affected. The ability of an EEWS to affect the risk and, in particular, vulnerability and exposure, may determine serious legal responsibilities for people involved in the system, as scientists and experts. The main question concerns, in fact, the relationship between EEWSs and the predictability and avoidability of earthquake effects-i.e., the ground shaking affecting citizens and infrastructures - and the possibility for people to adopt self-protective behavior and/or for industrial infrastructures to be secured. In Italy, natural disasters, such as the 2009 L’Aquila earthquake, teach us that the relationship between science and law is really difficult. So, before EEW’s become operational in Italy, it is necessary to: 1) examine the legislative and technical solutions adopted by some of the international legal systems in countries where this service is offered to citizens; 2) reconstruct the international and European regulatory framework that promotes the introduction of EW systems as life-saving tools for the protection of the right to life and understand whether and how these regulatory texts can impose an obligation on the Italian legal system to develop EEWS; 3) understand what responsibilities could be ascribed to the scientists and technicians responsible for managing EEWS in Italy, analyzing the different impact of vulnerability and exposure on the predictability and avoidability of the harmful event; 4) reflect on the lessons that our legal system will have to learn from other Countries when implementing EEW systems. In order to find appropriate solutions, it is essential to reflect on the opportunity to provide shared and well-structured protocols and creating detailed disclaimers clearly defining the limits of the service. A central role must be recognized to education, because people should not only expect to receive a correct alarm but must be able to understand the uncertainties involved in rapid estimates, be prepared to face the risk, and react in the right way.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Draft concept of legal responsibility in the legal system of Russia

2021 ◽  
Author(s):  
Dmitriy Lipinsky ◽  
Aleksander Malko ◽  
Aleksandra Musatkina ◽  
Roman Markunin ◽  
Nikolay Makareyko ◽  
...  
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Legal Responsibility ◽  
The Right ◽  
Law Making ◽  
Legal Training

The doctrinal document defines the relationships, interactions and contradictions of legal responsibility with such elements of the legal system as: the system of law; implementation of the right; principles of law; legal awareness and legal culture. The publication is intended for researchers, law-making bodies, government bodies, as well as students of legal training.

Legal responsibility in the legal system of Russia: some research results and project prospects

2021 ◽  
pp. 24
Author(s):  
Alexander V. Mal’ko
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Current System ◽  
Basic Research ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Legal Norms ◽  
The Russian Federation ◽  
The Relationship ◽  
Relationship Interaction

The article contains the most important conclusions and results from a project supported by the Russian Foundation for Basic Research, on which a team of authors has been working since 2019. The features of the relationship, interaction and existing contradictions between legal responsibility and the legal system are determined. The existing contradictions between the doctrinal conclusions about the principles of responsibility and their implementation in the current system of legal norms and law enforcement practice have been investigated. The practice of the Constitutional Court of the Russian Federation is generalized and its role in the mechanism of identifying legal defects of the institution of legal responsibility is established.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

scholarly journals Conciencia y Derecho: Conferencia pronunciada por el padrino de la promoción anual de la Facultad de Derecho el día de la festividad de San Raimundo de Peñafort = Awareness and Law: Conference given by the sponsor of the annual promotion of the Faculty of Law on the day of the feast of St. Raimundo de Peñafort

2018 ◽  
pp. 3
Author(s):  
Dionision Llamazares Fernández
Keyword(s):  
Legal System ◽  
Conscientious Objection ◽  
Fundamental Rights ◽  
Freedom Of Conscience ◽  
Legal Studies ◽  
The Social ◽  
The Right ◽  
The Relationship ◽  
Original Component

<p>La relación entre conciencia y Derecho es mucho más estrecha que la que se reduce a los supuestos de objeción de conciencia. Desde una perspectiva transversal, la conciencia es la columna vertebral de los estudios jurídicos, e incluso de la actividad de todos los operadores  jurídicos. El presente artículo desarrolla tres aspectos de esta relación: la presencia protagonista del derecho de libertad de conciencia en el <em>pacto por la convivencia</em>, base misma del  Derecho; su  presencia igualmente protagonista en la vertebración de las libertades públicas y de los derechos fundamentales (derechos subjetivos); y su papel como principio informador de la estructura y dinamismo del ordenamiento. Finalmente, el artículo concluye subrayando el papel trascendental del derecho a la libre formación de la conciencia como elemento integrante básico y original del derecho de libertad de conciencia.</p><p>The relationship between the conscience and the law is not limited to cases of conscientious objection. From a transversal perspective, conscience is the backbone of legal studies and the activity developed by legal operators. This paper studies three aspects of the relationship between conscience and Law: the right of freedom of conscience in the social coexistence pact, which in one of the bases of the legal system; the presence of freedom of conscience in the organization of the model of public liberties and fundamental rights; and the role of freedom of conscience as an informing principle of the legal system Finally, the paper concludes underlining the transcendental role of the right to the free formation of conscience, as a basic and original component of the right to freedom of conscience.</p>

scholarly journals Directions of improving legal responsibility for committing administrative offenses related to corruption.

2021 ◽  
Vol 3 (3) ◽  
pp. 180-185
Author(s):  
Ihor Pastukh
Keyword(s):  
Public Service ◽  
Legal Responsibility ◽  
Social Harm ◽  
Judicial Practice ◽  
Special Part ◽  
State And Local ◽  
The Right ◽  
Administrative Penalty ◽  
The Relationship ◽  
Administrative Responsibility

An attempt was made to improve the relationship and consequences of administrative liability for corruption-related offenses and further public service, other employment, persons authorized to perform the functions of state and local self-government, and persons equated to them. Based on the analysis of the provisions of current legislation, judicial practice of its application, official interpretation of the law, attention is paid to legal uncertainty, elements of subjectivity in the appointment of courts such administrative penalties as deprivation of the right to hold certain positions or engage in certain activities. sanctions of articles of the Special part of the Code of Ukraine about administrative offenses. It is proved that the application of such an administrative penalty as deprivation of the right to hold certain positions or engage in certain activities should take into account the nature and type of the relevant offense related to corruption, proposed its own basis for their division into such types. Namely, among all types of administrative offenses related to corruption, there are those related to the performance of official duties and those related to the performance of such duties are not directly related. With this in mind, it is stated that the responsibility for their commission should not be the same because of their different social harm and danger. Emphasis is placed on the legislator's unequal approach to the consequences of bringing individuals to administrative responsibility for corruption-related offenses in the form of termination of public service or other employment. The author's approach to the solution of the specified problem is offered, namely – termination of performance of official or other powers as a result of bringing to administrative responsibility for the offenses connected with corruption, should be applied only for commission of those offenses which are directly connected with performance by the professional duties.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Rancangan Sistem Pengukuran Kinerja Berbasis Human Resource Scorecard Pada Universitas Muhammadiyah Luwuk

2020 ◽  
Vol 10 (1) ◽  
pp. 63-71
Author(s):  
Nurhaeda Abbas ◽  
Anggraini Sukmawati ◽  
Muhammad Syamsun
Keyword(s):  
Performance Measurement ◽  
Human Resource ◽  
Performance Measurement System ◽  
Group Discussions ◽  
Strategic Objectives ◽  
Depth Interview ◽  
And Performance ◽  
The Right ◽  
Hierarchy Process ◽  
The Relationship

Today the performance measurement of Muhammadiyah Luwuk uUniversity’s performance has not formulated yet based on University’s vision and mission. It will affect the strategic steps needed and performance improvement efforts in the future.  Human resource scorecard is the right system to be applied in Muhammadiyah Luwuk University. The purpose of this study is to designed a performance measurement system at Muhammadiyah Luwuk University using the Human Resource Scorecard with four perspectives: stakeholder, academic management and kemuhammadiyaan, operational and innovation, as well as and learning. Data was analyzed by analytical hierarchy process method. This research was conducted by distributing questionnaires, focus group discussions and in-depth interview with stakeholders at Muhammadiyah Luwuk University. The results showed that there were 14 strategic objectives and 33 key performance indicators to be achieved by the priority objectives, which are: empowerment and development of faculty, increased administrative process quality, improved sound budget performance and, improvement of the relationship with stakeholders.

Penanganan Issu Terkait Keselamatan Pasien di Rumah Sakit

2020 ◽  
Author(s):  
Kristin Natal Riang Gea
Keyword(s):  
Patient Safety ◽  
Health Workers ◽  
Sampling Technique ◽  
Good Health ◽  
Bivariate Analysis ◽  
P Value ◽  
Patient Identification ◽  
Cross Sectional ◽  
The Right ◽  
The Relationship

AbstrakKeselamatan pasien merupakan dasar dari pelayanan kesehatan yang baik. Pengetahuan tenaga kesehatan dalam sasaran keselamatan pasien terdiri dari ketepatan identifikasi pasien, peningkatan komunikasi yang efektif, peningkatan keamanan obat yang perlu diwaspadai, kepastian tepat lokasi, prosedur, dan tepat pasien operasi, pengurangan risiko infeksi, pengurangan risiko pasien jatuh. Tujuan penelitian untuk mengetahui hubungan antara pengetahuan dengan penerapan keselamatan pasien pada petugas kesehatan di Puskesmas Kedaung Wetan Kota Tangerang. Metode Penelitian menggunakan deskriptif korelasi menggunakan pendekatan cross sectional. Populasi sebanyak 50 responden. Teknik pengambilan sampel menggunakan total sampling. Instrumen yang digunakan berupa lembar kuesioner. Teknik analisa diatas menggunakan analisa Univariat dan Bivariat. Hasil Penelitian ada Hubungan Pengetahuan dengan Penerapan Keselamatan Pasien pada Petugas Kesehatan, dengan hasil, p value sebesar 0,013 &lt; 0,05 maka dapat disimpulkan bahwa ada Hubungan Pengetahuan dengan Penerapa Keselamatan Pasien pada Petugas Kesehatan. Kesimpulan penelitian ada Hubungan Pengetahuan dengan Penerapan Keselamatan Pasien.. AbstrackPatient safety is the basis of good health services. Knowledge of health personnel in patient safety targets consists of accurate patient identification, increased effective communication, increased safety of the drug that needs to be watched, certainty in the right location, procedure, and precise patient surgery, reduction in risk of infection, reduction in risk of falling patients. The purpose of this study was to determine the relationship between knowledge and the application of patient safety to health workers in the Kedaung Wetan Health Center, Tangerang City. The research method uses descriptive correlation using cross sectional approach. The population is 50 respondents. The sampling technique uses total sampling. The instrument used was a questionnaire sheet. The analysis technique above uses Univariate and Bivariate analysis. The results of the study there is a Relationship of Knowledge with the Implementation of Patient Safety in Health Officers, with the result, p value of 0.013 &lt;0.05, it can be concluded that there is a Relationship between Knowledge and Patient Safety Implementation in Health Officers. The conclusion of the study is the Relationship between Knowledge and the Implementation of Patient Safety.Keywords Knowledge, Patient safety, Health workers

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