scholarly journals La qualité d'agent de la Couronne ou de mandataire du gouvernement

2005 ◽  
Vol 20 (3) ◽  
pp. 485-524
Author(s):  
Patrice Garant ◽  
Gilles Leclerc
Keyword(s):  
Criminal Liability ◽  
Financial Autonomy ◽  
Public Corporations ◽  
Public Purpose ◽  
Public Body ◽  
The Status ◽  
Civil Execution ◽  
Proper Functions ◽  
And Control ◽  
Discretionary Powers

In the absence of clear legislative intent as to the status of a corporation or public body as a Crown agent or Government mandatary, the courts apply one or both of two tests. The function test, based on the concept of public purpose, requires that the court decides what kind of activities can be held as functions of Government. The test is therefore subjective and not particularly satisfactory, bearing in mind that it is not for the courts to impose upon the Legislature any political doctrine as to what are the proper functions of Government. The control test requires that the whole statutory framework be examined in order to determine whether or not the corporation or public body has discretionary powers of its own, exerciseable with some degree of independence from the Cabinet. Corporate status, financial autonomy, independence of the managers and control of the corporation's or public body's activities are components of the test. Any one factor will not be determinative in itself. But when several point the same way, the courts will tend to follow their lead. Yet, this test has failed to produce completely consistent results. The practical end of the exercise is to determine whether such public bodies or corporations are entitled, as Crown agents, to some or all of the privileges, immunities and prerogative powers enjoyed by the Crown. Some of these attributes are examined in this paper, such as the Crown's immunity from civil and criminal liability, statute law, taxation, and civil execution. Bankruptcy of public corporations is also considered. The authors suggest that the courts should no longer be left to apply these tests, since that may often frustrate the intent of the Legislature not to confer the attributes of a Crown agent. The Interpretation Act could be amended to make it clear that such status can only be conferred by an express enactment. Further, the Legislature should, when conferring such status, specify which attributes are meant to vest in the Crown agent.

Efficacy of Ovsynch and Ovsynch Plus Protocol for Improvement of Fertility in Postpartum Sahiwal Cows

2019 ◽  
Vol 14 (04) ◽  
Author(s):  
J. P. Lakher ◽  
M. K. Awasthi ◽  
J. R. Khan ◽  
M. R. Poyam
Keyword(s):  
Fixed Time ◽  
Conception Rate ◽  
Control Group ◽  
Group Iii ◽  
Treatment Groups ◽  
Group I ◽  
Early Postpartum ◽  
The Status ◽  
Sahiwal Cows ◽  
And Control

The present study was conducted to investigate the efficacy of Ovsynch and Ovsynch plus protocol in postpartum (day 60) Sahiwal cows (n=18). Animals were randomly divided into three equal groups, viz., Ovsynch group Ovsynch plus group and Control group. Animals of group I (n = 6) were treated with traditional Ovsynch protocol. The animals (n = 6) of group II were treated with Ovsynch plus protocol which consisted of an initial intramuscular injection of eCG (Folligon) @ 250 IU on day 60 postpartum followed 3 days later by GPG (Ovsynch) protocol. In group-III Control, no treatment was given to animals (n = 6). Treated animals were inseminated at a fixed time between 14 and 20 hrs after second GnRH injection, irrespective of estrus detection. Blood samples were collected from each animal on days 50 and 60 postpartum to determine the status of cyclicity in animals based on serum concentrations of progesterone (P4). A third blood sample was collected on the day of prostaglandin treatment to determine the response of first GnRH injection. Four animals each were cyclic, and two were acyclic in both treatment groups. Four animals each responded to first GnRH treatment in both treatment groups. Similarly, two animals each got conceived giving conception rate of 50% (2/4) in each treatment. In the control group, one out of 6 animals got conceived yielding 16.66 % conception rate (1/6) during the study period. It may be thus concluded that Ovsynch and Ovsynch plus protocol may be used during the early postpartum period to improve the reproductive efficiency in postpartum Sahiwal cows.

scholarly journals Post hoc analysis of ellipsoid zone changes beyond the central subfield in symptomatic vitreomacular adhesion patients from the OASIS trial

2021 ◽  
Vol 6 (1) ◽  
pp. e000648
Author(s):  
Swetha Bindu Velaga ◽  
Muneeswar Gupta Nittala ◽  
Michael S Ip ◽  
Luc Duchateau ◽  
SriniVas R Sadda
Keyword(s):  
Time Course ◽  
Vitreomacular Adhesion ◽  
Ellipsoid Zone ◽  
Post Hoc Analysis ◽  
Link Type ◽  
Phase Iiib ◽  
The Status ◽  
Registration Number ◽  
Post Hoc ◽  
And Control

Background/aimsOASIS is a Phase IIIb trial (NCT01429441) assessing long-term outcomes in subjects with symptomatic vitreomacular adhesion (VMA). The purpose of this study is to report on the frequency, severity, location and time course of ellipsoid zone (EZ) alterations in ocriplasmin-treated and sham control eyes in the OASIS study.Methods220 patients (146 ocriplasmin, 74 sham) subjects with VMA were enrolled in this masked post hoc analysis phase IIIb, randomised, sham-controlled double-masked multicentre clinical trial. A masked post hoc analysis of OCT images was performed at the Doheny Image Reading Center from subjects enrolled in the OASIS trial. The status of the EZ band was assessed in three different macular regions: the central subfield (CS) (≤1 mm diameter), the parafoveal area (PAA) (>1 to ≤3 mm) and the perifoveal area (PEA) (>3 to ≤6 mm). The EZ band was rated as normal/intact, full thickness macular hole (FTMH), abnormal but continuous, discontinuous/disrupted or absent at visits from baseline (pretreatment) to week 1 (day 7), month 1 (day 28), month 3, month 6, month 12 and the final follow-up at month 24. EZ band status was compared in both study and control eyes.ResultsA total of 208 patients (138 ocriplasmin, 70 sham) were included in this analysis. At baseline, FTMH was present in 48.6%, 8.0%, 0% and 52.8%, 2.9%, 0% in the CS, PAA and PEA of the ocriplasmin and sham groups, respectively. The EZ was graded to be abnormal but continuous, discontinuous/disrupted or absent at Baseline in 21.0%, 4.3%, 2.8% in the CS, PAA and PEA, respectively, of the ocriplasmin group; and 12.9%, 10.0%, 4.3% in the CS, PAA and PEA of the sham group. For the ocriplasmin group in the PAA, this frequency increased to 6.6% at week 1, was 9.8% at month 1, but improved to 3.8% at month 3, and remained stable to 1.6% at month 24. These differences, however, were not statistically significant.ConclusionsOcriplasmin treatment for symptomatic VMA was associated with EZ abnormalities in a small percentage of patients that was best assessed in regions (PEA) relatively unaffected by the VM interface disease at baseline. The EZ abnormalities were apparent by week 1, persisted at month 1, and appeared to resolve in the majority of cases by month 3.Trial registration numberNCT01429441

Perceived Social Mobility and Political Trust in China

2015 ◽  
Vol 14 (4) ◽  
pp. 315-336 ◽  
Author(s):  
Zhenhua Su ◽  
Yang Cao ◽  
Jingkai He ◽  
Waibin Huang
Keyword(s):  
Economic Growth ◽  
Social Mobility ◽  
Social Order ◽  
Political Trust ◽  
Traditional Culture ◽  
Status Quo ◽  
World Values Survey ◽  
Reform Era ◽  
The Status ◽  
And Control

Existing studies have traced China’s high political trust to three sources: traditional culture, the state’s success in fostering economic growth, and ideological propaganda. We identify a fourth source: perceived social mobility. We argue that when people perceive a reasonable chance for upward mobility based on personal initiatives and efforts, the status quo becomes more justifiable because individuals are responsible for their own successes and failures. Perceived social mobility thus instills a sense of optimism and fairness and exonerates the regime from many blames, thereby enhancing political trust. Regression analysis of the China portion of the 2007 World Values Survey data shows that respondents who saw themselves as having choices and control in life were indeed more likely to trust the ruling communist party. The respondents’ overall level of perceived social mobility is also high, which is consistent with the massive shake-up of the preexisting social order in China’s reform era.

scholarly journals Mekanisme Pembubaran Partai Politik di Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 239-242
Author(s):  
Ramot H.P Limbong ◽  
I Gusti Bagus Suryawan ◽  
I Nyoman Sutama
Keyword(s):  
Political Parties ◽  
Criminal Liability ◽  
Primary Source ◽  
Legal Issues ◽  
Constitutional Court ◽  
Legal Research ◽  
Legal Entity ◽  
Preliminary Examination ◽  
The Status ◽  
Legal Arguments

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.

scholarly journals Pedagogical conditions for the formation of counteraction to stressful phenomena in educational institutions

2021 ◽  
pp. 69-77
Author(s):  
Г.А. Арсаханова
Keyword(s):  
Skin Diseases ◽  
First Graders ◽  
Behavioral Disorder ◽  
Educational Institutions ◽  
Daily Routine ◽  
The Social ◽  
The Status ◽  
The Individual ◽  
And Control ◽  
Psychosomatic Diseases

Жизнедеятельность школьника полна проблем, решение которых приводит к стрессовым ситуациям. Прежде всего, это изменение социального статуса и изменение дошкольной деятельности ребенка на учебную. Статус школьника требует больше обязанностей, ответственности, дисциплинированности, структурированности режима дня, контроля собственных поступков. Даже в самом продуманном и хорошо налаженному жизни случаются ситуации, которые негативно влияют на детей и приводят к стрессу. Первоклассники не всегда готовы к таким изменениям, что вызывает ряд психофизиологических и поведенческих проявлений. В состоянии стресса поведение ребенка дезорганизовывается, наблюдаются неконтролируемые движения, определенные речевые отклонения, появляются эмоции, не соответствующие культуре взаимоотношений. Стресс – это сильное проявление эмоций вызывает комплексную физиологическую реакцию, это состояние душевного и поведенческого расстройства, связанного с неспособностью личности целесообразно действовать в соответствующих ситуациях. Из-за недостаточной сформированности эмоциональной сферы в школьном возрасте при частых стрессовых ситуациях у ребенка исчезает аппетит, наступает депрессия, снижается интерес к учебе, общению, наступает апатия. Стрессовые ситуации негативно сказываются на здоровье школьника, у ребенка появляется целый «букет» опасных психосоматических заболеваний: мигрень, гипертония, астма, артрит, аллергия, диабет, кожные болезни и тому подобное. The student's life is full of problems, the solution of which leads to stressful situations. First of all, this is a change in the social status and a change in the preschool activity of the child to the educational one. The status of a student requires more responsibilities, responsibility, discipline, structured daily routine, and control of one's own actions. Even in the most thoughtful and well-established life, there are situations that negatively affect children and lead to stress. First-graders are not always ready for such changes, which causes a number of psychophysiological and behavioral manifestations. In a state of stress, the child's behavior is disorganized, uncontrolled movements are observed, certain speech deviations appear, emotions that do not correspond to the culture of relationships. Stress-this strong manifestation of emotions causes a complex physiological reaction, this is a state of mental and behavioral disorder associated with the inability of the individual to act appropriately in appropriate situations. Due to the lack of formation of the emotional sphere at school age, with frequent stressful situations, the child's appetite disappears, depression sets in, interest in learning, communication decreases, and apathy sets in. Stressful situations negatively affect the health of the student, the child has a whole "bouquet" of dangerous psychosomatic diseases: migraine, hypertension, asthma, arthritis, allergies, diabetes, skin diseases, and the like.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

scholarly journals A Comparative Study of Police Government Microblog and Government Tik Tok

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Ainan Zhu ◽  
Xia Li
Keyword(s):  
New Media ◽  
Status Quo ◽  
Public Security ◽  
Guidance And Control ◽  
The Status ◽  
On Line ◽  
Government Propaganda ◽  
Control Work ◽  
And Control ◽  
Chinese Police

Based on "government micro-blog" and "government tiktok" of Chinese Police Online, this paper collects data with the help of Octopus Collector and Python, then studies the status quo of Chinese police on-line through two new government media platforms: Weibo and Weibo public security organs to use new media to carry out government propaganda and public opinion guidance and control work.

Selected legal aspects of sexual abuse prevention

2021 ◽  
Vol 143 (3) ◽  
pp. 219-233
Author(s):  
Katarzyna Badźmirowska-Masłowska ◽  
Jacek Rosa
Keyword(s):  
Sexual Abuse ◽  
Legal Aspects ◽  
Abuse Prevention ◽  
Sexual Abuse Prevention ◽  
Sexual Offences ◽  
Public Authorities ◽  
Legal Perspective ◽  
The Status ◽  
The Subject ◽  
And Control

The article on selected aspects of sexual abuse prevention presents the subject matter from the legal perspective and discusses the issues concerning prevention and control of sexual offences in Poland. The article refers to the status of the child in criminal law and applicable provisions under the Directive 2011/92/EU and the Lanzarote Convention concerning prevention, assistance and support for juveniles. In this context, presented have been the obligations of the state (public authorities), including the police, to prevent this type of crime as well as the diffi culties associated with the implementation of relevant tasks. The conclusions indicate the problems that require practical solutions.

INTERACTION OF DOMINANT PARTY WITH ETHNIC GROUPS IN COMPETITIVE AUTHORITARIANISM IN MALAYSIA

2020 ◽  
Vol 14 (3) ◽  
pp. 107-113
Author(s):  
Tatiana Lavrova ◽  
Keyword(s):  
Ethnic Groups ◽  
Historical Context ◽  
The State ◽  
Power Sharing ◽  
Competitive Authoritarianism ◽  
Dominant Party ◽  
State Apparatus ◽  
The Status ◽  
The Stability ◽  
And Control

The author covers the question of the stability of competitive authoritarianism in Malaysia. In this case, such a regime is particularly stable, possibly due to the developed and institutionalized model of interaction between the dominant party and ethnic groups, implemented in the conditions of the polyethnic composition of the state. It was crucial to take into account the historical context of the British colonization of Malaysia, which had led to the influx of migrants, and the presence of a political party in power for 61 years, which was practically merged with the state apparatus and fully represented only one ethnic group. "Ethnic outbidding" implemented by the dominant party UMNO provided a numerically greater population with benefits in exchange for support of the ruling party. Simultaneously, the incorporation of ethnic groups into the state's political structure and the use of the power-sharing model allowed UMNO to act as an umbrella party and to maintain the status quo. The unspoken Treaty, first, was based on granting the privilege to the indigenous Malay population, and, second, protected the interests of non-Malays. Thus, granting bumiputera and non-Malays certain privileges, the establishment was able to consolidate a non-democratic regime and control over complex Malaysian society.

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