scholarly journals Court and economic examination: theoretical-methodical aspect

2020 ◽  
pp. 18-23
Author(s):  
Olena ARTIUKH-PASIUTA ◽  
Alla KRAVCHENKO ◽  
Svitlana TOVSTA

The reform of the judicial system in Ukraine is accompanied by the criminalization of society and the rapid growth of offenses in the economic sphere. At the same time, the implementation of the principle of inevitability of punishment involves the maximum use in court proceedings of the results of forensic economists and necessitates the appointment and conduct of forensic economic examination during the pre-trial investigation or trial of economic crimes. Based on the generalization of the interpretation of the category "forensic economic expertise» by various authors, forensic economic expertise is proposed to understand procedural research, which is carried out through the application of special scientific and practical knowledge of forensic economist and allows to solve economic issues. investigation or court in order to resolve criminal, civil-administrative, arbitration or economic disputes. The concepts of classification systems of forensic economic examination considered by scientists, forensic experts, practitioners and legislators do not take into account all the specifics of the examination, and therefore, presuppose the existence of certain problems that need to be solved. Therefore, the authors propose the division of the class of forensic economic examinations by genera and species, which will specify the tasks and limits of competence of each genus and type of such examinations, objects of forensic research and criteria for developing appropriate methods. Comparative analysis of scholars' views on the list and classification of methods of forensic economic examination that can be used in the work of forensic economist, allowed to present the most appropriate and effective, namely: philosophical, general, partial and specific methods that are closely related communication.

2020 ◽  
Vol 23 (8) ◽  
pp. 37-48
Author(s):  
Oleksandr Kuczabski ◽  
Krzysztof Kopec

The features of decommunization on the example of the toponymic policy of Ukraine and Poland are explored in the article. The “last” wave of decommunization of the city toponymics, which began in 2014 and peaked in 2015–2017, was the object of interest. 14 Ukrainian and Polish cities were selected for comparative research. The study covered all decommunization legal acts in selected cities. 451 urbanonims were analyzed, the vast majority of which were decommunizated in Ukraine (89%). Polish cities accounted for 11% of the total renamed amount, respectively.The content-statistical analysis made it possible to determine the scale of urbanonymy changes, the recurrence of old and new urbanonymy in the sample under study. The classification of old and new names has been carried out in terms of persons, events, or other objects and phenomena. As a result, objective information was obtained to assess the scale, intensity, and territorial characteristics of urban changes in both states. It has been established that, although in general toponymic decommunization was supported and understood in both states by a significant part of society, it caused certain ideological, political, organizational, and competence contradictions. Decommunization toponymic policy in Ukraine and Poland has not only common but also distinctive features. In particular, the renaming in Ukraine turned out to be several times larger than the Polish one. Along with the signs of decommunization, it also bore signs of de-Russification of symbolic space. Decommunized names in Ukraine turned out to be, on the whole, more neutral, compromise and de-ideologized. It was revealed that, unlike the Ukrainian one, the Polish judicial system often defended local self-government bodies from attempts by the central government under the guise of decommunization to interfere in local urbanonymy politics.


2019 ◽  
Vol 5 (4) ◽  
pp. 59
Author(s):  
Mykhailo Vilhushynskyi ◽  
Lidiia Moskvych

The purpose of the paper is the system analysis of legal, organizational, and procedural mechanisms of the realization of the right of the public and mass media on their participation in transparent and open criminal proceedings in the context of preventing corruption and economic crimes within the system of judicial power, as well as the development of scientifically substantiated recommendations for the improvement of the current legislation of Ukraine on the judicial system taking into account the most advanced international practices. The interconnectedness of effective implementation of the principles of transparency and openness of criminal proceedings with the restoration of trust in the judicial system from the side of civil society has been substantiated. Methodology. To solve the tasks set in the dissertation, the authors have used a complex of general and special scientific methods. Logical and cognitive methods (analysis, synthesis, induction, and deduction) made it possible to study general conditions for the organization and procedure of the implementation of the principles of transparency and openness during the cassation appeal of decisions in criminal proceedings. The system and structural method has assisted to determine the essential and content characteristics of the principles of transparency and openness within criminal proceedings, as well as to reveal their significance and correlation while ensuring the judiciary by the cassation court. The formal and legal method made it possible to reveal the proper legal procedure for implementing the principles of transparency and openness during the criminal proceedings by the cassation court. Modelling method allowed determining the ways to improve the legislation on the judiciary and criminal procedural legislation in part to more effective implementation of the principles of transparency and openness in the criminal procedure of Ukraine. The comparative and legal method was used in clarifying the relationship between the levels of domestic and international legal regulation of the implementation of the principles of transparency and openness of criminal proceedings. Experimental methods were used to construct grounded theoretical and applied provisions that adequately reflect the features and interrelations of the processes of implementing the principles of transparency and openness within criminal proceedings, confirmation or refutation of certain concepts, views, their examination by means of thought or subject experimentation based on practice criteria. Result of solving this purpose is to form the author’s understanding that members of the public (the general public) and mass media cannot be holders of jurisdictional rights, that is, those rights that are exercised in the course of court proceedings by involved persons as a result of their criminal procedural status (parties and other participants in criminal proceedings). That is, members of the public and the general public, as well as members of mass media, who are not entitled to the right for public court proceedings but are subjects to the right to obtain information about public court proceedings, the administration of transparent and open justice. Practical implications. Ensuring reliable public control over the judiciary through the widespread use of mass media will effectively prevent corruption and commission of economic crimes by the judges. Value/originality. Amendments and alterations to the national legislation on the judiciary and the Criminal Procedural Code have been offered, which would facilitate the more effective implementation of the right to transparent and open court proceedings by the public and mass media, ensure public control over the judiciary in the exercise of its procedural activities, and guarantee the right of every one to obtain information on the administration of justice in line with European standards.


2020 ◽  
pp. 29-45
Author(s):  
O.A. Naydis ◽  
I.O. Naydis

The article considers the types, forms, mechanisms and classification of mergers and acquisitions, identifies their positive effects, and studies the tactics of acquisitions. The analysis of anti-capture measures: active and preventive methods of protection against hostile mergers and acquisitions. A comparative analysis of anti-capture measures with acquisitions tactics was carried out, the advantages and disadvantages of their application were identified.


Author(s):  
M.A. Kobilev ◽  
E.S. Abramov

The article considers false information systems and conducts their comparative analysis, considering the tasks that they perform, which technologies rely on, and what role is played in protecting information when they are used. The goal is to identify relevant false information systems, to formulate criteria in accordance with which classification is carried out. The problems of false information systems are identified, further work in this topic is determined.


Fire ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 15 ◽  
Author(s):  
Lynda D. Prior ◽  
David M. J. S. Bowman

Developing standardised classification of post-fire responses is essential for globally consistent comparisons of woody vegetation communities. Existing classification systems are based on responses of species growing in fire-prone environments. To accommodate species that occur in rarely burnt environments, we have suggested some important points of clarification to earlier schemes categorizing post-fire responses. We have illustrated this approach using several Australasian conifer species as examples of pyrophobic species. In particular, we suggest using the term “obligate seeder” for the general category of plants that rely on seed to reproduce, and qualifying this to “post-fire obligate seeder” for the narrower category of species with populations that recover from canopy fire only by seeding; the species are typically fire-cued, with large aerial or soil seed banks that germinate profusely following a fire, and grow and reproduce rapidly in order to renew the seed bank before the next fire.


2021 ◽  
Vol 09 (03) ◽  
pp. E388-E394
Author(s):  
Francesco Cocomazzi ◽  
Marco Gentile ◽  
Francesco Perri ◽  
Antonio Merla ◽  
Fabrizio Bossa ◽  
...  

Abstract Background and study aims The Paris classification of superficial colonic lesions has been widely adopted, but a simplified description that subgroups the shape into pedunculated, sessile/flat and depressed lesions has been proposed recently. The aim of this study was to evaluate the accuracy and inter-rater agreement among 13 Western endoscopists for the two classification systems. Methods Seventy video clips of superficial colonic lesions were classified according to the two classifications, and their size estimated. The interobserver agreement for each classification was assessed using both Cohen k and AC1 statistics. Accuracy was taken as the concordance between the standard morphology definition and that made by participants. Sensitivity analyses investigated agreement between trainees (T) and staff members (SM), simple or mixed lesions, distinct lesion phenotypes, and for laterally spreading tumors (LSTs). Results Overall, the interobserver agreement for the Paris classification was substantial (κ = 0.61; AC1 = 0.66), with 79.3 % accuracy. Between SM and T, the values were superimposable. For size estimation, the agreement was 0.48 by the κ-value, and 0.50 by AC1. For single or mixed lesions, κ-values were 0.60 and 0.43, respectively; corresponding AC1 values were 0.68 and 0.57. Evaluating the several different polyp subtypes separately, agreement differed significantly when analyzed by the k-statistics (0.08–0.12) or the AC1 statistics (0.59–0.71). Analyses of LSTs provided a κ-value of 0.50 and an AC1 score of 0.62, with 77.6 % accuracy. The simplified classification outperformed the Paris classification: κ = 0.68, AC1 = 0.82, accuracy = 91.6 %. Conclusions Agreement is often measured with Cohen’s κ, but we documented higher levels of agreement when analyzed with the AC1 statistic. The level of agreement was substantial for the Paris classification, and almost perfect for the simplified system.


Resources ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 49
Author(s):  
Ewa Mazur-Wierzbicka

There are many studies which implement and assess existing measurement manners and document the progress of entities towards the circular economy (CE) at various levels, or present or propose new possibilities of measurement. The majority of them refer to the micro level. The aim of this paper is to conduct a multidimensional comparative analysis of the implementation of circular economy by EU countries. After an in-depth critical analysis of the literature, CE indicators which were proposed by the European Commission were adopted as a basis. Owing to the research population-Member States of the European Union (EU-28), focusing on the said indicators was declared reasonable in all aspects. The classification of EU countries according to the level of their advancement in the concept of CE was adopted as a main research task. In order to do so, a relevant index of development of circular economy was created (IDCE). This will allow us, inter alia, to trace changes in the spatial differentiation of advancement of the EU countries in implementing CE over the years, to identify CE implementation leaders as well as countries particularly delayed in this regard. The comparative analysis was conducted by means of statistical methods. On the basis of the analyses, it was concluded that among all EU countries, those of the old EU are the most advanced in terms of CE. The analysis confirmed significant rising trends for IDCE only in the case of Belgium and The Netherlands.


2020 ◽  
Vol 7 (3) ◽  
pp. 448-457
Author(s):  
Stephanie W Mayer ◽  
Tobias R Fauser ◽  
Robert G Marx ◽  
Anil S Ranawat ◽  
Bryan T Kelly ◽  
...  

Abstract To determine interobserver and intraobserver reliabilities of the combination of classification systems, including the Beck and acetabular labral articular disruption (ALAD) systems for transition zone cartilage, the Outerbridge system for acetabular and femoral head cartilage, and the Beck system for labral tears. Additionally, we sought to determine interobserver and intraobserver agreements in the location of injury to labrum and cartilage. Three fellowship trained surgeons reviewed 30 standardized videos of the central compartment with one surgeon re-evaluating the videos. Labral pathology, transition zone cartilage and acetabular cartilage were classified using the Beck, Beck and ALAD systems, and Outerbridge system, respectively. The location of labral tears and transition zone cartilage injury was assessed using a clock face system, and acetabular cartilage injury using a five-zone system. Intra- and interobserver reliabilities are reported as Gwet’s agreement coefficients. Interobserver and intraobserver agreement on the location of acetabular cartilage lesions was highest in superior and anterior zones (0.814–0.914). Outerbridge interobserver and intraobserver agreement was >0.90 in most zones of the acetabular cartilage. Interobserver and intraobserver agreement on location of transition zone lesions was 0.844–0.944. The Beck and ALAD classifications showed similar interobserver and intraobserver agreement for transition zone cartilage injury. The Beck classification of labral tears was 0.745 and 0.562 for interobserver and intraobserver agreements, respectively. The Outerbridge classification had almost perfect interobserver and intraobserver agreement in classifying chondral injury of the true acetabular cartilage and femoral head. The Beck and ALAD classifications both showed moderate to substantial interobserver and intraobserver reliabilities for transition zone cartilage injury. The Beck system for classification of labral tears showed substantial agreement among observers and moderate intraobserver agreement. Interobserver agreement on location of labral tears was highest in the region where most tears occur and became lower at the anterior and posterior extents of this region. The available classification systems can be used for documentation regarding intra-articular pathology. However, continued development of a concise and highly reproducible classification system would improve communication.


2008 ◽  
Vol 23 (7) ◽  
pp. 481-485 ◽  
Author(s):  
M.H. Schmidt ◽  
J. Sinzig

AbstractSuggestions for classification of mental disorders of children and adolescents in DSM-V and ICD-11 have been made, which differ strongly from the current descriptive approach of dimensional classification.These suggestions even comprise a dichotomized system for health care as well as for scientific purposes.Nevertheless it is obvious that we are far behind an “etiological” classification, so that trade-offs have necessarily to be made in DSM-V and ICD-11.Appropriate proposals concern the strict separation of disorders that are typical for children and adolescents as well as for adults.Furthermore a differentiation of diagnosis for infants, toddlers and preschool children is required in both classification systems. As far as it is relevant for treatment, combined diagnosis in DSM-V and subthreshold diagnosis as well as coding-possibilities for findings in molecular biology should be permitted.As personality disorders should only be diagnosed after the age of 16, it is recommended to dimensionally classify personality traits that are pathognomonic for specific symptom patterns and of prognostic relevance.DSM-V and ICD-11 should allow age-specific information on axis-IV. The article discusses the general question of how relational disorders respectively disturbances should be classified and include furthermore special recommendations concerning ICD and DSM categories.


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