scholarly journals Terms of civil liability: are general theoretic approach

2021 ◽  
pp. 53-63
Author(s):  
Inna Kovalenko
Keyword(s):  
Civil Liability ◽  
Legal Responsibility ◽  
Theoretic Approach ◽  
Causal Connection ◽  
Negative Consequences ◽  
Legal Norms ◽  
Civil Responsibility ◽  
Dangerous Behavior ◽  
The Face ◽  
Harmful Result

The article is sanctified to the questions of civil liability on the legislation of Ukraine. Taking these theoretical positions for basis, it is possible to assert that the normative founding of legal responsibility envisages the presence of legal norms, that determine possible and necessary behavior of the subject of legal relationships, embargo on certain behavior, and system of approvals and legal binding overs that determine the process of realization of responsibility. It is marked that traditionally a range of problems of responsibility was of interest such fields of law, as civil, administrative, ecological, domestic. Summarizing the above-mentioned in the article, it is possible to establish, that legal responsibility, including civil legal in whatever form she came forward always is direct influence on an offender. The substantial line of responsibility - it so to say perceptible bears by the face of negative consequences of offence in form privations of the personal, organizational or property order, regardless of what her measures will be realized: imprisonment, compensation of harm or something other. It stipulates the orientation of responsibility actually on the face of offender, stipulates penalty, punitive character of legal responsibility keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior. Thus, it costs to consider the composition of civil offence, that includes for itself the presence of the inflicted harm, unlegality of behavior of malefactor, causal connection between behavior of person and harmful result, guilt of malefactor the condition of civil responsibility. Thus, it costs consider that illegal there can be actions that violate the norms of legislation and equitable rights of citizens, and illegal - only those actions that violate the norm of law. Keywords: legal responsibility, offence, guilt, founding, inflicted harm, socially dangerous behavior.

scholarly journals TEMPORAL FACTORS OF APPLICATION OF CIVIL LIABILITY

InterConf ◽  
2021 ◽  
pp. 120-128
Author(s):  
Petro Guyvan
Keyword(s):  
Civil Liability ◽  
Negative Consequences ◽  
Civil Responsibility ◽  
Theoretical Position ◽  
Legal Relationship ◽  
Material Goods ◽  
State Coercion ◽  
Subjective Rights ◽  
Mandatory Use ◽  
Definite Result

The paper considers this type of legal relationship in the context of its relationship with such a legal phenomenon as a protective legal relationship. The defining thesis is that civil liability is an important, but not the only element of the protective relationship. After all, the application of measures to counteract various risks and threats that entail violations of subjective rights, by bringing offenders to civil responsibility, ensures the effective restoration of rights and adequate compensation to victims. At the same time, the principles of introducing negative consequences for the violator are not necessarily based on deprivation of the violator of material goods. They are based on the integrated application of measures, including those that have an operational and preventive effect and, strictly speaking, are not responsible. The article also analyzes in detail the theoretical position on the mandatory use of coercion in bringing the offender to justice, and criticizes this thesis. State coercion through a court decision has been shown to be an effective but not mandatory element of the protective relationship that arises between the victim and the offender. The possibility of realization of the protective requirement by voluntary fulfillment by the debtor, and thus, satisfaction of protection requirements is clearly shown. The paper also distinguishes between the concepts of civil offense and violation of law. After all, a violation of a subjective right can be caused not only by actions that qualify as civil offenses, but also by others that do not have such signs. In this regard - the violation of the law is a broader term that covers the consequences of various phenomena, including offenses, is a definite result.

scholarly journals Legal Responsibility for the Acts of Performed by the Media in Kosovo

2020 ◽  
Vol 4 (2) ◽  
pp. 93-98
Author(s):  
Laura TAHIRI ◽  
Milot KRASNIQI
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Civil Liability ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
The Media ◽  
The Republic ◽  
International Conventions

The purpose of this paper is to provide an overview of how the media generally function in relation to their responsibilities to the state. Knowing that despite the legal protection enjoyed by the media under international conventions and in general domestic legislation, all criminal offenses committed through the media are defined in one way or another by adequate legal norms to prevent and sanction such offenses abusive. During the different periods of law adoption in Kosovo, it is evident that the sphere of criminal and civil liability for criminal offenses committed through the media has changed. This is due to the fact that various provisions have not infrequently been used to restrict freedom of expression, which is otherwise the most basic, but also the most sensitive provision provided by Article 10 of the International Covenant on Human Rights. Therefore, in this paper will be explained the fluidity of the legislation on criminal and civil liability for criminal offenses committed through the media and that starting from international conventions, the Constitution of the Republic of Kosovo, international legislation compared to domestic, comparison of provisions which with the old codes have been defined as criminal offenses, while today those offenses are considered of a civil character and for these offenses there is only civil liability.

Tools for managing feline problem behaviours: Psychoactive medications

2018 ◽  
Vol 20 (11) ◽  
pp. 1034-1045 ◽  
Author(s):  
Sagi Denenberg ◽  
Maya Bräm Dubé
Keyword(s):  
Environmental Changes ◽  
Case Reports ◽  
Case Series ◽  
Optimal Solution ◽  
Evidence Base ◽  
Negative Consequences ◽  
Expert Opinions ◽  
Problem Behaviours ◽  
The Face ◽  
Psychoactive Medications

Practical relevance: When a cat is presented for evaluation of a problem behaviour, it is likely that the cat’s wellbeing is negatively affected by the condition. In addition, the owners and any other animals around the cat may also be experiencing negative consequences. When managing these cases, it is important to consider all options (including behaviour modification, environmental changes, medications) that can help to reach an optimal solution. Medication cannot teach the cat how to behave or change a particular behaviour; it can, however, reduce arousal, excitability, reactivity and anxiety. Rationale: The rationale for using psychoactive medications in behavioural medicine, or veterinary psychiatry, is to increase the wellbeing of the animal and to aid the owner and practitioner in managing problem behaviours. Medications should always be used as an adjunct to behavioural and environmental modification. Clinical challenges: Many psychoactive medications cannot be used in the face of certain physical illnesses or concurrently with other medications. Some medications may also have side effects, not be effective at the recommended dose or have a paradoxical effect. Furthermore, success is reliant on the owner being able to administer the medication. Aims: This article aims to guide practitioners by discussing questions such as how to choose the appropriate medication, how to dose it and how long to use it. The psychoactive medications most commonly used in feline medicine are reviewed, as well as some that are newer or less common. Evidence base: Data for the use of medications in cats is limited, with just a small number of clinical-, species- and problem-directed studies available, and a few more case series and case reports. Where feline-specific research is not available, the authors have drawn upon research published in other species, such as humans, dogs and rats, as well as anecdotal reports and expert opinions.

scholarly journals Restriction of the Rights of Russian Senators as a Political Responsibility

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 277-285
Author(s):  
Ruslan Faritovich Garipov ◽  
Denis Ivanovich Igonin
Keyword(s):  
Political Influence ◽  
Negative Consequences ◽  
Political Responsibility ◽  
Legal Norms ◽  
Informal Practices ◽  
Russian Politics ◽  
Political Character ◽  
Statutory Regulation ◽  
Modern Russian ◽  
Legislative Assembly

This article explores the features of the implementation of individual parliamentary rights by members of the Federation Council, the upper house of the Russian legislative assembly. The relevance of the study is since in recent years there has been a transformation in informal practices of political influence on parliamentarians. In this sense, the object of the study was the analysis of individual legal norms, the regulations of the Federation Council and the practice of holding parliamentary hearings. The authors focused on the negative consequences expressing the responsibility of senators, considering the ambiguous statutory regulation of such measures in modern Russian politics. During the development of the scope of activities carried out by the upper house of the Federal Assembly, the reasons by which its members could lose their powers were significantly expanded. By way of conclusion, it was noted that, despite the rarity of the application of such sanctions, the authors recorded a systematization of forms and measures of responsibility used for political purposes. Such tendencies create artificial barriers to the implementation of certain senatorial powers and acquire a political character.

scholarly journals Sweden and the Migration Crisis: Political and Security Aspects

2020 ◽  
Vol 24 (3) ◽  
pp. 45-61
Author(s):  
Artur Gruszczak
Keyword(s):  
Political Parties ◽  
Immigration Policy ◽  
Transformation Process ◽  
Negative Consequences ◽  
Adopted Model ◽  
The Face ◽  
The Subject ◽  
The Government ◽  
Migration Crisis ◽  
Political Scene

This article aims to make an insight into the conditions of immigration policy and actions undertaken by the Swedish authorities and political parties in the face of the migration crisis in Europe after 2015. A hypothesis presented here assumes that a decisive evolution of the attitudes of the Swedish authorities, political parties, and society towards a restrictive approach to immigration arose from the awareness of the negative consequences of migration management for the Swedish socio-economic model and the political scene. The theoretical framework used in this article is the concept of policy responsiveness, including the ability of political authorities to respond effectively and lawfully to the needs and expectations of the citizens. Process tracing was applied as a research method useful for following the transformation process of Sweden’s immigration policy. Statistical data, documents issued by the government and political parties, as well as the subject literature were the sources utilised in the research. Conclusions drawn from the research point to the tightening of immigration policy as a result of the fear of a prolonged pull effect on foreigners and concern surrounding the appropriate handling of immigration in full accordance with the adopted model of immigration policy.

scholarly journals Ideological grounds of ensuring traffic safety

2020 ◽  
pp. 73-80
Author(s):  
Yury Nikolaevich Kalyuzhny
Keyword(s):  
Social Relations ◽  
Traffic Safety ◽  
Traffic Accidents ◽  
Comprehensive Analysis ◽  
Value Orientations ◽  
Controversial Issues ◽  
Negative Consequences ◽  
Legal Norms ◽  
Legislative Regulation ◽  
Legal Forms

The subject of this research is the legal norms and scientific sources that characterize the ideological grounds of ensuring traffic safety. The object of this research is the social relations that determine the framework for ensuring traffic safety. Examination of the normative legal acts and scientific literature, allows conducting a comprehensive analysis of ideological grounds of ensuring traffic safety. The author indicates certain scientific problems of legislative regulation of the sphere under review, and resumes that the presence of state ideology within the system of legal norms is inevitable. The conclusion is formulated that the ideological grounds of ensuring traffic safety are based on the system of views, ideas, and value orientations from the perspective of personal, social, and state levels. The author claims that the state uses law as the official ideology. The ideological grounds of ensuring traffic safety, associated with implementation of state policy in indicated field of research, represent legal forms of ensuring traffic safety, which contribute to the perception of law by personal and public legal awareness, which positively impacts legal mentality of the society, reducing the risk of traffic accidents and their negative consequences. The novelty of this work consists in the comprehensive analysis of theoretical legal and organizational aspects that characterize the ideological grounds of ensuring traffic safety, determine controversial issues in legislative regulation of the system of views, ideas, and value orientations for ensuring traffic safety from the perspective of personal, social, and state levels.

THE FUNDAMENTAL HUMAN RIGHT TO A FAIR TRIAL AS AN OBJECT OF PROTECTION OF THE INSTITUTION OF LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Special Functions ◽  
Criminal Code ◽  
Fair Trial ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Human Right ◽  
Protective Function ◽  
Legal Norms ◽  
The Status ◽  
Key Aspects

The scientific article reveals the key aspects of ensuring the fundamental human right to a fair trial as an object of protection of the institution of legal responsibility of a judge. It has been established that the basic principles of ensuring the human right to a fair trial are governed by the norms and provisions of such documents as: the Criminal Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Code of Labor Laws of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», Resolution of the Supreme Administrative Court of Ukraine of 15.09.2011 No. П/9991/335/11. It was found that the object of a disciplinary offense of a judge is a set of rights and duties of a judge to the legal and fair administration of justice and the fulfillment of other duties assigned to him by the judicial and procedural legislation. It was determined that today the judicial authorities in Ukraine have adopted and put into effect the Internal Labor Regulations of Courts. The functions of a judge's legal responsibility were considered and it was found that they are implemented at the general social level (they consist in achieving control over the judge's behavior in accordance with special legal norms), at the general legal level (they consist in the restoration of rights that were violated, and compensation for expenses incurred to restore rights, as a result of the commission of illegal actions by the judge; prevention of the commission of offenses by the judge; punishment of the judge and the imposition of restrictions on his rights on legal grounds as a result of the imposition of additional legal obligations on him), the level of aggregate (general) functions of legal responsibility (consists in the fact that legal responsibility judges acts as the basis of social development and is determined under the influence of the development of legal norms) and the level of special functions of bringing a judge to legal responsibility (consists in exercising influence on the regulation of legal relations between a judge and society). It has been proven that the key functions of a judge's legal responsibility are the punitive function, protective function, preventive function and the function of ensuring the activity of the judge and his behavior in accordance with special professional standards. It is proposed to conduct a comprehensive study of the problems of ensuring human rights to a fair trial, based on the peculiarities of bringing a judge to legal responsibility for unfair, illegal and unjust in violation of the standards and requirements for fulfilling official duties, with the prospects for further research.

Curtailing medical inspections in the face of negative consequences.

1995 ◽  
Vol 1 (3) ◽  
pp. 163-178 ◽  
Author(s):  
Roberta L. Klatzky ◽  
David M. Messick
Keyword(s):  
Negative Consequences ◽  
The Face

scholarly journals EARLY-LIFE MILITARY EXPOSURES AND HEALTH AMONG OLDER VETERANS: THE BUFFERING EFFECT OF PSYCHOLOGICAL RESILIENCE

2019 ◽  
Vol 3 (Supplement_1) ◽  
pp. S320-S320
Author(s):  
Miles G Taylor ◽  
Stephanie Ureña ◽  
Dawn Carr ◽  
Stella N Min
Keyword(s):  
Functional Impairment ◽  
Early Life ◽  
Military Training ◽  
Mail Survey ◽  
Later Life ◽  
Psychological Resilience ◽  
Negative Consequences ◽  
The Face ◽  
Life Course Framework ◽  
The Impact

Abstract Objectives Drawing on the life course framework and theoretical concept of resilience, we examine the impact of early-life service-related exposures (SREs) on later-life functional impairment trajectories among older U.S. male veterans. We conceptualize resilience as a psychological resource potentially moderating the lasting negative consequences of traumatic military exposures. Method Using the 2013 Veterans Mail Survey linked to the Health and Retirement Study 2006–2014 Leave Behind Questionnaire and RAND Data File (v.N), we estimate latent growth curve models of functional impairment trajectories. Results SRE to death has a persistent positive effect on functional limitations and activities of daily living limitations. Psychological resilience significantly moderates this association, such that veterans maintaining higher levels of resilience in the face of adverse exposures have considerably less functional impairment over time compared to their counterparts with low levels of resilience. Discussion Our findings point to the importance of psychological resilience in later life, especially within the realm of traumas occurring in early life. We discuss implications for current military training programs, stressing the importance of research considering individual resources and processes that promote adaptation in the face of adverse life events.

scholarly journals A Postmodern Defence of Universal Liberal Legal Norms

2010 ◽  
Vol 23 (1) ◽  
pp. 5-31 ◽  
Author(s):  
Lisa M. Austin
Keyword(s):  
The Self ◽  
Legal Responsibility ◽  
Ethical Responsibility ◽  
Community Practice ◽  
Legal Norms ◽  
Liberal Democratic ◽  
The Social ◽  
Universal Human Rights ◽  
Strong Resemblance ◽  
Democratic Norms

The idea of universal liberal legal norms has long been under attack from a variety of sources. One of the most sustained and sophisticated philosophical versions of such an attack is found in the work of Martin Heidegger. His argument from the social embeddedness of the self to the ultimate contingency and groundlessness of any claims of normativity has been highly influential across a number of fields. This paper argues that legal theorists who wish to contest such a view should look to the work of philosopher Emmanuel Levinas. In his critique of Heidegger, Levinas affirms the significance of the human beyond the particular context in which we find ourselves embedded. Levinas wrote very little about law; his main focus was on ethical responsibility and the claim that an “other” makes on me. I argue that legal responsibility is fundamentally different, concerned instead with the claims that a self can make on others. Drawing upon Levinas’ understanding of the self as constituted through ethical responsibility, I argue that a Levinasian account of justice can support liberal-democratic norms such as freedom, equality and dignity. Indeed, Levinas himself endorsed universal human rights and even indicated a strong affinity with Kant’s idea of justice. What he denied, however, was that justice is a fully rational and coherent concept. I argue that this does not render justice incoherent or call into question the basic status of the norms of justice. Rather, a Levinasian account of justice shifts the emphasis to the community practice of reasoning about universal norms, a practice that is never complete. I further suggest that such a practice of reasoning should be familiar to lawyers as it bears a strong resemblance to common law reasoning.

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