scholarly journals Signs of the concept of „conflict of interest” in the judicial practice of Ukraine

2021 ◽  
pp. 56-60
Author(s):  
Zoia Zahynei-Zabolotenko ◽  
◽  
Pavlo Demiak ◽  
Keyword(s):  
Supreme Court ◽  
Conflict Of Interest ◽  
Private Interest ◽  
Judicial Practice ◽  
Government Functions ◽  
Correct Definition ◽  
Definition Of ◽  
Administrative Responsibility

This article is about the problem of understanding the concept „conflict of interest” and its characteristics in the legal positions of Administrative Court of Cassation as a part of Supreme Court of Ukraine. From the article we can understand that these legal positions touch the correct definition of characteristics of private interest, potential and real conflict of interest, finding out people who are subordinated to a person who is authorized to perform state or local self-government functions, and it can causes potential or real conflict of interest. These legal positions can be used in bringing the guilty persons to administrative responsibility under the Code of Administrative Offenses.

Dissemination of damaging information (defamation) as a type of civil tort: concept definition

2020 ◽  
pp. 378-382
Author(s):  
Valeriya Smorchkova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Personal Information ◽  
Judicial Practice ◽  
The United Kingdom ◽  
European Court ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of

We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, comparative legal methods are used to analyze the legislation of states with the Anglo-Saxon and Romano-Germanic legal system. Based on the study of the doctrinal points of view of scientists and the positions of higher courts, the definition of this category is formed from the position of civil tort. The following definition is proposed: “Defamation is a violation of civil legislation, which consists in the dissemination of false information damaging the honor, dignity and business reputation of a person and also the dissemination of truthful personal information, the disclosure of which violates the conservation law are listed in the intangible benefits of the citizens”. We analyze the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 no. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”. We conclude that the Supreme Court of the Russian Federation borrowed advanced provisions from the judgments of the European Court of Human Rights.

scholarly journals The dispute about law in urgent administrative cases at the appeal of the bodies of revenue and fees

2019 ◽  
pp. 85-90
Author(s):  
O.V Skochylias-Pavliv ◽  
N.V. Lesko
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
Legal Definition ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Judicial Procedure ◽  
Administrative Proceedings

The article deals with current issues related to the procedure of consideration and resolution of urgent administrative cases at the appeal of the bodies of revenue and fees. The peculiarities of the specified category of cases which are manifested in the urgency; subject composition; notification of the participants of the case on the date, time and place of the case; filing of the claim; calculation of procedural terms; announcement and service of court decisions; appeal and cassation appeal; the court fee are analyzed. It is noted that the statements of the case are a statement of claim, reaction a statement of claim, a response to a reaction, a protest, a third party’s explanation of the statement claim, or reaction a statement of claim. The form of the appeal of tax authorities to the administrative court is a claim. Obviously, that is why in these categories of cases there are often misunderstandings regarding the payment of court fees as evidenced by a large number of decisions on leaving without motion the claim of bodies of revenue and fees on the ground of failure to submit to the court a document on payment of court fees. Central to the article is the consideration of the issue of understanding of the dispute about law as one of the grounds for refusing to open proceedings at the appeal of the bodies of revenue and fees. The only form of administrative proceedings is the consideration of the case on the statement of claim. As is well known, a lawsuit involves conflict between the parties. The mutual rights and obligations of the parties to prove their claims and objections constitute the substance of the dispute. However, the peculiarities of disputes at the request of the bodies of revenue and fees due to the fact that they don’t have a dispute about the law. It is noted that there is no legal definition of the term «dispute about the law», which significantly complicates the consideration and resolution of this category of cases. The interpretation of this concept exists only in judicial practice, in particular in resolutions of the Supreme Court but they are also contradictory. That’s why we consider it necessary to supplement article 283 Code of Administrative Proceedings of Ukraine a note defining the concept of «dispute about the law», which should be understood as a claim of the taxpayer to the tax authority regardless of the subject of the claim which may be submitted to administrative or judicial procedure. Keywords: a dispute about law, administrative proceedings, administrative case, revenue, and fees, claim.

Medical and Legal Issues Raised by the Protz Decision Issued by the Pennsylvania Supreme Court

2017 ◽  
Vol 22 (4) ◽  
pp. 12-13
Author(s):  
LuAnn Haley ◽  
Marjorie Eskay-Auerbach
Keyword(s):  
Supreme Court ◽  
Scientific Evidence ◽  
Workers Compensation ◽  
Sixth Edition ◽  
Complex Concept ◽  
The Supreme Court ◽  
Compensation Claims ◽  
Recent Edition ◽  
Impairment Ratings ◽  
Definition Of

Abstract Pennsylvania adopted the impairment rating provisions described in the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in 1996 as an exposure cap for employers seeking predictability and cost control in workers’ compensation claims. In 2017, the Supreme Court of Pennsylvania handed down the Protz decision, which held that requiring physicians to apply the methodology set forth in the most recent edition of the AMA Guides reflected an unconstitutional delegation of legislative power to the American Medical Association. The decision eliminates the impairment-rating evaluation (IRE) mechanism under which claimants were assigned an impairment rating under the most recent edition of the AMA Guides. The AMA Guides periodically are revised to include the most recent scientific evidence regarding impairment ratings, and the AMA Guides, Sixth Edition, acknowledges that impairment is a complex concept that is not yet defined in a way that readily permits an evidence-based definition of assessment. The AMA Guides should not be considered standards frozen in time simply to withstand future scrutiny by the courts; instead, workers’ compensation acts could state that when a new edition of the AMA Guides is published, the legislature shall review and consider adopting the new edition. It appears unlikely that the Protz decision will be followed in other jurisdictions: Challenges to using the AMA Guides in assessing workers’ compensation claims have been attempted in three states, and all attempts failed.

Der Wald im Lichte der neueren bundesgerichtlichen Rechtsprechung | Forest legislation in the recent jurisdiction of the Federal Supreme Court

2009 ◽  
Vol 160 (9) ◽  
pp. 263-274
Author(s):  
Alois Keel ◽  
Willi Zimmermann
Keyword(s):  
Supreme Court ◽  
Federal Law ◽  
Large Scope ◽  
Forest Law ◽  
Federal Jurisdiction ◽  
Forest Legislation ◽  
Definition Of ◽  
Forest Status ◽  
Area Planning ◽  
Federal Supreme

With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

scholarly journals “I’ve Heard of It, Yes, but I Can’t Remember What Exactly It Was”—A Qualitative Study on Awareness, Knowledge, and Use of the UV Index

2021 ◽  
Vol 18 (4) ◽  
pp. 1615
Author(s):  
Katharina Diehl ◽  
Tatiana Görig ◽  
Charlotte Jansen ◽  
Maike Carola Hruby ◽  
Annette B. Pfahlberg ◽  
...  
Keyword(s):  
Qualitative Study ◽  
Qualitative Content Analysis ◽  
Sun Protection ◽  
Structured Interviews ◽  
Protection Factor ◽  
Protection Measures ◽  
Uv Index ◽  
Correct Definition ◽  
Definition Of

Pharmacists and pharmaceutical technicians play an important role in counselling customers regarding sunscreen use and sun protection measures. A potentially helpful tool that can be used during counselling is the ultraviolet index (UVI), which informs individuals when and what sun protection measures are needed at a specific place and time. Our aim in this qualitative study was to explore awareness, knowledge, and use of the UVI during counselling in pharmacies. We used semi-structured interviews with pharmacists and pharmaceutical technicians (n = 20) to answer our research questions. Interviews were audiotaped, transcribed verbatim, and analyzed using qualitative content analysis. During the interviews pharmacists and pharmaceutical technicians revealed a lot of uncertainty and lack of knowledge regarding the UVI. Eight professionals were able to give a correct definition of UVI. Amongst others, the UVI was confused with sun protection factor. Overall, the UVI was hardly used during the counselling of customers. The UVI was developed to provide guidance when which type of sun protection is required to avoid detrimental effects of ultraviolet radiation. For effective implementation, both the general population and health professionals (e.g., pharmacists) have to increase their knowledge about the UVI. This would strengthen its use during professional counselling in pharmacies and may help to reduce the incidence of skin cancer over the long term.

Infodemic surrounding COVID-19: Can LIS students recognize and categorize “problematic information” types on social media?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Shamima Yesmin ◽  
S.M. Zabed Ahmed
Keyword(s):  
Social Media ◽  
Online Survey ◽  
Information Science ◽  
Wrong Answer ◽  
Student Groups ◽  
Content Type ◽  
Correct Definition ◽  
Significant Difference ◽  
Definition Of ◽  
And Task

Purpose The purpose of this paper is to investigate Library and Information Science (LIS) students’ understanding of infodemic and related terminologies and their ability to categorize COVID-19-related problematic information types using examples from social media platforms. Design/methodology/approach The participants of this study were LIS students from a public-funded university located at the south coast of Bangladesh. An online survey was conducted which, in addition to demographic and study information, asked students to identify the correct definition of infodemic and related terminologies and to categorize the COVID-related problematic social media posts based on their inherent problem characteristics. The correct answer for each definition and task question was assigned a score of “1”, whereas the wrong answer was coded as “0”. The percentages of correctness score for total and each category of definition and task-specific questions were computed. The independent sample t-test and ANOVA were run to examine the differences in total and category-specific scores between student groups. Findings The findings revealed that students’ knowledge concerning the definition of infodemic and related terminologies and the categorization of COVID-19-related problematic social media posts was poor. There was no significant difference in correctness scores between student groups in terms of gender, age and study levels. Originality/value To the best of the authors’ knowledge, this is the first time an effort was made to understand LIS students’ recognition and classification of problematic information. The findings can assist LIS departments in revising and improving the existing information literacy curriculum for students.

ON THE NEED TO REFORM THE CERTAIN MEASURES OF ADMINISTRATIVE COMPULSION APPLIED TO FOREIGN CITIZENS, TAKING INTO ACCOUNT THE DIGITALIZATION OF PUBLIC AUTHORITIES

2020 ◽  
pp. 130-143
Author(s):  
Yulia V. Paukova ◽  
Keyword(s):  
Control System ◽  
Rating System ◽  
Public Authorities ◽  
Judicial Practice ◽  
Migration Control ◽  
Administrative Responsibility

In the article are considered the grounds for the application of three types of removal of foreign citizens and stateless persons in case of violation of migration legislation. These are administrative expulsion, deportation and readmission. The necessity of changing the current legislation and preserving only administrative expulsion (as a measure of administrative responsibility), deportation (in the event of expulsion of persons released from places of deprivation of liberty, in respect of whom decisions on the undesirability of stay (residence) in Russia have been made) and readmission (as a method of transferring persons subject to administrative expulsion and deportation) has been substantiated. The analysis of the grounds and timing of closure of entry to foreign citizens in case of violation of migration legislation made it possible to conclude that there is no clear system. Examples of judicial practice are given, illustrating the different approach of judges when bringing foreigners to administrative responsibility. It is concluded that it is necessary to develop and implement an "Automated Information Migration Control System" which, taking into account all the circumstances, would offer the most fair decision in relation to a violator of Russian migration legislation. Subsequently, it is proposed to develop and implement a rating system for foreign citizens, which would allow bringing to administrative responsibility and setting the entry closure period of migrants, taking into account their raiting.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

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