Ensuring the Security of Participants in Mass Sports Events by Monitoring Their Behaviour and Identifying Them on the Basis of Photographic and Video Material

2020 ◽  
Vol 37 (37) ◽  
pp. 67-82
Author(s):  
Michał Pogoda ◽  
Jolanta Wąs-Gubała
Keyword(s):  
Public Administration ◽  
Video Surveillance ◽  
Physical Characteristic ◽  
Sports Events ◽  
Sports Stadiums ◽  
The Law ◽  
Court Proceedings ◽  
The Moment ◽  
Video Material

Ensuring the security of participants in mass sports events is an undertaking that requires many coordinated actions to be taken not only by the organizer of the event, but also by public administration institutions. Currently, an increasing number of locations has video surveillance, which is mandatory for sports stadiums in accordance with sports regulations. Cameras are supposed to not only deter those who could potentially violate the law, but also to provide evidence as to the circumstances and perpetrators of such violations. The aim of this publication is to show how the image recorded by CCTV is turned into evidence, which is then used in court proceedings. The authors addressed the above mentioned issues using examples related to the security of those who participate in sports events. They focused on discussing themes related to recognition, identification and biometrics, i.e. the determination of somebody’s identity on the basis of their unique features, such as appearance, physical characteristic and behaviour. On the basis of procedures developed by the Provincial Police Headquarters in Katowice, it was emphasized how important it is for participants in sports events to be observed not from the moment when the game begins, but rather from the moment they enter a sports facility, or even on their way to such a facility, when they do not try to hide their identity.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

The Procedure for Selection of a Bankruptcy Commissioner for Approval in an Insolvency (Bankruptcy) Case as a Guarantee of Its Independence

2020 ◽  
Vol 10 ◽  
pp. 37-41
Author(s):  
Lyudmila A. Kononova ◽  
Keyword(s):  
Selection System ◽  
The Law ◽  
The Moment ◽  
Selection Of

The legislator`s approach to the determination of the means of approval (appointment) of a bankruptcy commissioner in insolvency procedures has changed multiple times. However, the legislator has still not been able to draft fully the efficient legal mechanisms ensuring the independence of a bankruptcy commissioner. The idea of the court`s opportunity to select a bankruptcy commissioner for approval in a bankruptcy case using an independent selection system proposed in legal publications and drafts of amendments to the Law on Bankruptcy seems absolutely justified and quite relevant at the moment.

The determination of mimetic isomorphism levels on strategic plans of primary schools (Van province sample)

2013 ◽  
Vol 3 (1) ◽  
pp. 01-14 ◽  
Author(s):  
Mehmet Arslan ◽  
Songül Altınışık
Keyword(s):  
Public Administration ◽  
Primary Schools ◽  
New Approach ◽  
Strategic Plans ◽  
The Law ◽  
Mimetic Isomorphism ◽  
Legal Infrastructure ◽  
Changing Process

Turkish public administration has been having a changing process both in public structure and legal infrastructure and this process called "restructured period". In parallel with this transformation in Turkish Public Administration, inspection activities have been also living the same process. In this term, institutions were asked to prepare their strategic plans according to the law, no 5018. The main problem of this study is to determinate the mimetic isomorphism levels according to new approach on strategic plans that prepared at primary schools. In this research, the strategic plans of the 32 primary schools in Van province were examined. Mimetic Isomorphism has been identified among these strategic plans.

scholarly journals Stosowanie deliktowych łączników lokalnych do zdarzeń mających miejsce na pokładzie statku morskiego lub powietrznego w unijnym prawie prywatnym międzynarodowym

2019 ◽  
Vol 24 ◽  
pp. 109-139
Author(s):  
Łukasz Dyrda
Keyword(s):  
Member State ◽  
Applicable Law ◽  
Contractual Obligation ◽  
The Law ◽  
The Moment ◽  
Jurisdiction Rule ◽  
Flag State ◽  
High Seas

The article is aimed at determining the relevance of the flag state (regarding vessels) and the country of registration (regarding aircrafts) principles for the purpose of the application of territorial connecting factors (the place of the event giving rise to damage (place of acting) and the place where the damage occurred (place of damage)) employed by article 7(2) of the Regulation No 1215/2012 (Brussels I bis Regulation) providing a special jurisdiction rule in matters relating to tort, delict or quasi-delict and by article 4(1) of the Regulation No 864/2007 (Rome II Regulation) specifying the law applicable to a non-contractual obligation arising out of a tort or delict. The flag state and the country of registration principles could be taken into account when circumstances constituting the event giving rise to damage or the damage itself are situated on board of a vessel navigating in or an aircraft flying through the areas outside the sovereignty of any state (in particular the High Seas). The reference to the flag state or the country of registration instead of the sovereignty in order to identify the member state whose courts have jurisdiction pursuant to article 7(2) of the Brussels I bis Regulation or the statewhose law is applicable according to article 4(1) of the Rome II Regulation may also be possible in cases when the determination of the place where the event giving rise to damage occurred or where the damage occurred is difficult or even when the competent jurisdiction and the applicable law identified based on the sovereignty over the area where the vessel navigated or the aircraft flew at the moment when the event giving rise to damage occurred or damage occurred does not materialise the closest connection principle.

scholarly journals Legal Liability Towards The Abuse Of Doctor's Authority In Performing Visum Et Repertum

2021 ◽  
Vol 1 (2) ◽  
pp. 111
Author(s):  
Fauzul Romansah
Keyword(s):  
Legal Responsibility ◽  
Ethical Aspects ◽  
Abuse Of Power ◽  
Criminal Sanctions ◽  
Procedure Code ◽  
Medical Discipline ◽  
The Law ◽  
Court Proceedings ◽  
Administrative Sanctions

Visum et Repertum (VeR) is in the form of a written statement made by doctors who have to take an oath of office, based on things seen and discovered upon examination of the dead or wounded allegedly caused by a criminal act. KUHAP does not mention the term visum et repertum, but KUHAP is one of the legal bases in making VeR. VeR is not only needed in criminal case examination but also civil cases in some instances. The exact cause of a person's death can be related to events in criminal law as well as civil law as in the claim insurance or determination of heirs related to the distribution of inheritance rights. Given the urgency of VeR as one of the evidence used before court proceedings, in making VeR, there is a potential for abuse of power by doctors by making VeR not based on actual examination results. Such abuse of authority by doctors has violated the moral and ethical aspects which override the values of truth and justice. Therefore, the problems in this article focus on what is the authority of doctors in administering Visum et Repertum and what is the legal responsibility for the abuse of doctor's authority in making Visum et Repertum. The results of the discussion indicated that: doctors have the authority to, among others: accept victims sent by investigators; request a letter requesting a statement of VeR; a specialist can only carry out medical examination of the victim; signing of the VeR statement following the applicable laws and regulations, and delivery of completed evidence may only be submitted to the investigator accompanied by an official report. Making VeR unlawfully is not clearly explained in the Criminal Procedure Code. However, the use of VeR against the law occurs when VeR becomes an instrument of action against the law as formulated in the norms of every criminal act. Therefore, it is a form of legal responsibility for doctors who abuse their authority regarding VeR can be pursued through 4 (four) types of sanctions, including administrative sanctions, civil sanctions, criminal sanctions, and medical discipline sanctions. 

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

The Dudley Lee Case: A new approach to factual causation and its implications for transformative jurisprudence

2017 ◽  
Vol 30 (1) ◽  
pp. 273-289
Author(s):  
Anmari Meerkotter
Keyword(s):  
Case Note ◽  
Constitutional Court ◽  
Recent Contribution ◽  
New Approach ◽  
State Accountability ◽  
The Law ◽  
Transformative Impact ◽  
Constitutional Jurisprudence ◽  
Law Of Delict

The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation – the conditio sine qua non (‘but-for’) test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CC’s broader approach to the determination of factual causation as one based on common sense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

PREDICTION OF THE EFFICIENCY OF RECONSTRUCTIVE INTERVENTIONS ON THE MAJOR NERVES OF THE FOREARM, DEPENDING ON THE DEFECT DURATION AND THE FOLLOWING REHABILITATION

2020 ◽  
pp. 77-88
Author(s):  
Дмитрий Валериевич Судаков ◽  
Олег Валериевич Судаков ◽  
Людмила Валентиновна Кретинина ◽  
Наталья Владимировна Якушева ◽  
Артём Николаевич Шевцов
Keyword(s):  
Nervous Tissue ◽  
Clinical Situation ◽  
Economic Importance ◽  
Important Data ◽  
Subsequent Period ◽  
Complete Restoration ◽  
Reconstructive Microsurgery ◽  
The Moment

Статья посвящена построению прогноза эффективности реконструктивных вмешательств на магистральных нервах предплечья в зависимости от протяженности дефекта нервной ткани и особенностей последующего периода реабилитации пациентов. Данная тематика является весьма актуальной, так как с каждым годом во всем мире наблюдается определенный рост случаев травм различного генеза магистральных нервных стволов, которые затем нередко приводят к временной нетрудоспособности и даже инвалидности пациентов. Реконструктивная микрохирургия многие десятилетия пытается решить целый ряд проблем аутотрансплантации нервных стволов и повысить ее общую эффективность. Но из-за определенных проблем связанных с финансированием, некоторые вопросы трансплантологии и реабилитации остаются нерешенными и в настоящий момент. Все это придает представленной работе важное значение не только медицинского, но и социально - экономического плана. Целью работы стала попытка построения прогноза восстановительных операций на нервной ткани, с учетом объема пораженных структур и периода реабилитации. Объектами исследования стало 180 больных, которым по той или иной причине, осуществлялась реконструктивная операция на одном из магистральных нервов предплечья. Все пациенты были разделены на 3 группы по 60 человек, в зависимости от протяженности дефекта магистрального нерва: до 4 см, от 4 до 8 см и от 8 до 12 см. Последующее разделение внутри каждой группы на подгруппы производилось в зависимости от определенного поврежденного нерва (лучевой, локтевой, срединный). В работе изучалось течение раннего послеоперационного воспалительного процесса, с определением бактериальной микрофлоры в ране. Изучались и отдаленные последствия оперативного вмешательства. Своеобразной новизной для данной тематики в целом, стало выявление последующего установления инвалидности пациентов. Кроме того, важные данные были получены и по срокам реабилитации и частичного или полного восстановления утраченных функций по срокам в зависимости от размеров восстанавливаемого дефекта и от наличия или отсутствия необходимой реабилитации. Полученные в работе данные могут представлять интерес не только для врачей хирургов и травматологов, но и для организаторов здравоохранения, позволяя производить прогнозы по выздоровлению пациентов в каждой определенной клинической ситуации The article is devoted to the construction of a forecast of the effectiveness of reconstructive interventions on the main nerves of the forearm, depending on the length of the defect in the nervous tissue and the characteristics of the subsequent period of rehabilitation of patients. This topic is very relevant, since every year all over the world there is a certain increase in cases of injuries of various origins of the main nerve trunks, which then often lead to temporary disability and even disability of patients. For many decades, reconstructive microsurgery has been trying to solve a number of problems of autotransplantation of nerve trunks and improve its overall efficiency. But due to certain problems associated with funding, some issues of transplantation and rehabilitation remain unresolved at the moment. All this gives the presented work important not only medical, but also socio - economic importance. The aim of this work was to attempt to predict restorative operations on the nervous tissue, taking into account the volume of the affected structures and the period of rehabilitation. The objects of the study were 180 patients who, for one reason or another, underwent a reconstructive operation on one of the main nerves of the forearm. All patients were divided into 3 groups of 60 people, depending on the length of the main nerve defect: up to 4 cm, from 4 to 8 cm, and from 8 to 12 cm. Subsequent division within each group into subgroups was performed depending on the specific damaged nerve ( radial, ulnar, median). The work studied the course of the early postoperative inflammatory process, with the determination of bacterial microflora in the wound. The long-term consequences of surgery were also studied. A peculiar novelty for this topic as a whole was the identification of the subsequent establishment of disability in patients. In addition, important data were obtained on the timing of rehabilitation and partial or complete restoration of lost functions in terms of timing, depending on the size of the restored defect and on the presence or absence of the necessary rehabilitation. The data obtained in this work may be of interest not only for surgeons and traumatologists, but also for healthcare organizers, allowing them to make predictions about the recovery of patients in each specific clinical situation

Practical Application

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Practical Application ◽  
Temporal Perspective ◽  
Applicable Law ◽  
The Law ◽  
Geographical Scope

This chapter analyses the practical application of the law of belligerent occupation in internationalized armed conflicts in its temporal, geographical, and personal dimensions. Firstly, from a temporal perspective, the law is shown to apply once one of the conflict parties consolidates its control over the enemy territory and substitutes its own authority for that of the displaced enemy. Secondly, the chapter assesses the geographical scope of the applicable law and draws specific guidelines for the determination of the territory subject to the law of occupation in various types of internationalized armed conflicts. Thirdly, the chapter endorses the allegiance-based approach to the designation of protected persons under the law of occupation and applies it to the reality of internationalized armed conflict. Overall, the chapter presents a workable toolkit for the application of the law of occupation to internationalized armed conflicts.

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