CONCLUSIONS OF THE EXPERIENCED PERSONS

The category of “knowledgeable (experienced) persons” is not limited to experts only. Arbitration assessors and specialists are also referred to as knowledgeable persons; some scholars believe that a witness and even a judge can perform the functions of a knowledgeable person. The article focuses on the figure of a specialist, his consultations and responses to court inquiries. There is a lack of unification of the norms on the participation of a specialist in the Civil Procedure Code and the Arbitration Procedure Code of the Russian Federation. The effectiveness of seeking advice from a specialist is substantiated – this is a faster and less costly way of obtaining special knowledge necessary for considering a case. Consultation and examination are mutually complementary, the consultation may precede the examination, or, on the contrary, follow after the completion of the examination of the expert opinion, when questions have arisen to such a conclusion and the problem is solved with the appointment of additional or repeated examinations. The consultations are varied and subject to classification. It is substantiated, based on the differences in the nature of the consultations, that the consultation of a specialist on the use of technical means in the study of evidence cannot be compared with the consultation of a specialist on a complex scientific issue. As a classification criterion, the author proposes to consider the need for research and assessment of consultation, or the lack thereof. In the latter case, there is technical assistance and it would be legitimate not to classify it as evidence. However, research and assessment of the information presented is an attribute of working with evidence, therefore, in such cases, the status of evidence should be recognized for consultation.

CIVIL LAW STATUS OF BENEFICIARIES OF A PRIVATE BENEFIT FOUNDATION

This paper examines the civil law status of the beneficiaries of a foundation (Stiftung) subject to private benefit purposes. It concerns the reasons and impact of conservative and instrumental approaches to the permissible purposes of the foundation, the classification criterion of private benefit foundations (privatnützige Stiftungen) and public benefit foundations (gemeinnützige Stiftungen), the limits to which the Germanic countries tolerate with establishment of the private benefit foundations and then defines the civil law status of the beneficiaries from the perspective of their claims to the foundation and participation in the foundation management, control and protection. As a result of the research the ways to mitigate the risks, that private foundations can create for the participants in civil law relations, are proposed in the light of the legal nature of the foundation.

NATIONAL INSTITUTIONS ESTABLISHED IN ACCORDANCE WITH THE PARIS PRINCIPLES, ENGAGED INTO THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN THE SYSTEM OF INTERNAL MEANS OF SECURITY

The purpose of the article is to clarify the place of national institutions engaged in the promotion and protection of human rights in the system of domestic means created in accordance with the Paris Principles. Research methods is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. The concept of understanding of the organizational and legal guarantees of human and citizen's rights has been improved in the constitutional law science, namely: the classification criterion for division into groups is the possibility/non possibility of exercising any kind of state coercion in the course of jurisdictional/ non jurisdictional activity; representative body (body responsible for ensuring Ukraine's representation in the European Court of Human Rights and coordinating the implementation of its decisions), bodies of the state executive service, private executors are the elements of the system of organizational and legal guarantees of human and citizen's rights; by classification criterion – the protection of human rights and fundamental freedoms is the primary function of the authority-guarantor or similar body of some other kinds of functions – it is substantiated that national institutions engaged into the promotion and protection of human rights belong to the group of authority-guarantor of special competence established specifically to provide guarantees, human rights and fundamental freedoms. It is proposed within the group of authority-guarantor of special competence established specifically to ensure the guarantees of human rights and fundamental freedoms, to distinguish a sub-group of national institutions engaged into the promotion and protection of human rights: 1) human rights commissions; 2) human rights ombudsmen; 3) anti-discrimination ombudsmen (commissions); 4) human rights institutes (centers); 5) human rights advisory committees; 6) comprehensive human rights institutes.

An Overview of Fatigue Testing Systems for Metals under Uniaxial and Multiaxial Random Loadings

This paper presents an overview of fatigue testing systems in high-cycle regime for metals subjected to uniaxial and multiaxial random loadings. The different testing systems are critically discussed, highlighting advantages and possible limitations. By identifying relevant features, the testing systems are classified in terms of type of machine (servo-hydraulic or shaker tables), specimen geometry and applied constraints, number of load or acceleration inputs needed to perform the test, type of loading acting on the specimen and resulting state of stress. Specimens with plate, cylindrical and more elaborated geometry are also considered as a further classification criterion. This review also discusses the relationship between the applied input and the resulting local state of stress in the specimen. Since a general criterion to classify fatigue testing systems for random loadings seems not to exist, the present review—by emphasizing analogies and differences among various layouts—may provide the reader with a guideline to classify future equipment.

Evaluation of the severe preeclampsia classification criterion for antiphospholipid syndrome in a study of 40 patients

Background The criteria for antiphospholipid syndrome (APS) include severe preeclampsia and/or placental insufficiency leading to preterm delivery before 34 weeks of gestation, but this APS manifestation has been rarely studied. Thus, we reported a large series of severe preeclampsia occurred in patients with APS. Methods We retrospectively analysed data of APS women (Sydney criteria) who experienced severe preeclampsia with delivery before 34 weeks' gestation between 2000 and 2017 at five French internal medicine departments and one Italian rheumatology unit. Results The 40 women had a mean age of 30.5 ± 4.6 years at their first episode of preeclampsia; 21 were nulligravid (52.5%), 12 (30%) had already been diagnosed with APS, and 21 (52.5%) had a triple-positive antiphospholipid (aPL) antibody test.

CLASSIFICATION OF ACTUAL COMPOSITIONS DEPENDING ON THE ORDER OF ACCUMULATION OF ELEMENTS

This article analyzes the order of accumulation of elements of the actual composition as a classification criterion for their division into types. Depending on this, the following compositions are distinguished: 1) with the sequential accumulation of their elements; 2) with independent accumulation of elements; 3) built using various structural principles. A logical explanation of the different order of construction of legal facts using the theory of absolute and relative legal relations is given. The relevance of this issue for the modern level of the theory of law is indicated. The conclusion is formulated that relative subjective rights are not, as it were, self-sufficient. They are not able to serve as a means of satisfying interest indefinitely. This right exists only for a limited time and is aimed at achieving such a legal state in which the interest will be ensured through one’s own active behavior. As a result, the temporary order of development of actual circumstances in some situations may have legal significance, and in others — be completely indifferent to future legal consequences.

INDICATIVE ASSESSMENT OF PERSONNEL THREATS TO ENTERPRISE INFORMATION SECURITY

The article substantiates the possibility of assessing the level of information potential of the company, taking into account the indicators of personnel threats. The analysis of the methods proposed by Russian scientists for assessing the information potential of companies is carried out. Conclusions are drawn about the need to increase the role of the personnel unit in the integral indicator of information potential. The systematization of personnel threats in three groups is proposed in accordance with the classification criterion for the subject (source of threats). It is concluded that it is necessary to build indicators for personnel threats, based on the principles of their construction. The author's system of indicators for each personnel threat is presented.