legal obligation
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Author(s):  
B. V. V. S Sairam

Abstract: This paper proposes a model (HAPP) for learning and finding human action designs for Smart home applications based on huge amounts of data from smart homes. The proposed methodology quantifies and breaks down vitality use variations initiated by renters' behaviour using visit design mining, group research, and expectation. The HAPP System addresses the legal obligation to deconstruct energy consumption patterns at the machine level, which is directly linked to the actions of human. In the quantum/information cut of 24th, the information from shrewd meter is recursively mined, and the results are stored up throughout progressive mining works out. The HAPP System specifies the conditions for analysing the project that we use Keywords: Smart home, Data Mining, classifications, Human activity recognition


2021 ◽  
Vol 11 (5) ◽  
pp. 61-70
Author(s):  
S.V. NIKITIN

In this article, the author examines the concept and procedural and legal significance of necessary (mandatory) forensic evidence. It analyzes the formulated by M.K. Treushnikov, who was the first in the procedural doctrine who paid attention to the legal obligation to use certain means of proof when establishing certain legal facts, the positive rule of admissibility of evidence, the positions of other authors on the issue of necessary evidence in civil proceedings. The rule of necessary (obligatory) evidence is considered as a special rule of judicial proof. At the end of the study it is concluded that the allocation of necessary evidence is carried out from the same content of factual data, reflecting the same fact, based on the peculiarities of their procedural form. Necessary evidence in its form is a specific type of a written document or expert opinion. Thus, the rule of proving the circumstances of the case with the use of necessary evidence concerns the form of evidence, beyond its content. The thesis is also put forward that necessary evidence, due to the specifics of the procedure for its formation, the presence of requirements established by law to its form and content, has a significant evidentiary value.


2021 ◽  
Vol 10 (36) ◽  
pp. 283-285
Author(s):  
Giovania Firmino Almeida ◽  
Carla Holandino

Introduction: Homeopathy is a pharmaceutical and medical specialty practiced in Brazil since 1840 and known by the Federal Council of Medicine since 1980. The homeopathic pharmacy is a recognized part of the pharmaceutical profession regulated and supervised by the Federal Council of Pharmacy (CFF) and the Regional Councils of Pharmacy throughout Brazil (CFF 319/97 and CFF 440/05). Despite the existence of a Federal Law (number 1552, published in 1952) which implemented the teaching of “Notions of Homeopathic Pharmaceutical Techniques” in all colleges of pharmacy, these lectures are still not present in the majority of Brazilian Pharmacy curricula. This reluctance in the implementation of the teaching of homeopathy consists in an obstacle to the formation of new pharmaceutical homeopaths in Rio de Janeiro. Aim: To evaluate how the teaching of homeopathy is being taught in undergraduate courses in pharmacy in Rio de Janeiro and register through a specific questionnaire, the students' interest, as well as the availability of internships in the field of homeopathy. Methodology: The survey was started in May 2011 with a sample of ten pharmacy colleges in the state of Rio de Janeiro (UNIG, UNIGRANRIO, UNIABEU, UNIPLI, Universo Niterói, Universo São Gonçalo, UFRJ, UNISUAM, Estácio de Sá and UFF). A specific previously developed questionnaire was applied to undergraduate students to register their interest and availability for internships in the field of homeopathy. Moreover, the students were interviewed for relevant information about their interests in the area of homeopathy. Results: Preliminary results showed that 57% of the respondents presented interest so far in qualifying in homeopathy pharmacy, 32% of them did not show any interest in the area and 11% reported not having a definite position. Regarding working with homeopathy, 51% expressed interest in working in this area, 36% showed no interest and 13% were indecisive. As far as conducting a refresher course in homeopathy, 57% showed interest, 35% showed no interest and 8% expressed no definite opinion. The traineeship of at least 240 hours, required by the Federal Council of Pharmacy to all pharmacists who wish to assume responsibility for technical laboratory or industrial homeopathic pharmacy, has not been offered by the majority of Pharmacy Faculties, considering that 89% of the respondents have not done this traineeship. Data collection will be finished by the second half of June. Conclusion: The spread of homeopathy should be done from the beginning of the undergraduate course in pharmacy to evoke the interest in the discipline, especially in colleges where it is not compulsory. Most of interviewed students were not informed about the legal obligation of the training in the laboratory or pharmacy of homeopathy. Almost all colleges used in this study do not provide the internship for the students who show an interest in homeopathy. This scenario draws our attention to the necessity of new projects that enable a comprehensive and systematic teaching of homeopathy, providing new possibilities for homeopathic professional activities.


PLoS ONE ◽  
2021 ◽  
Vol 16 (12) ◽  
pp. e0260569
Author(s):  
Frode Eika Sandnes

Background To ensure the privacy of participants is an ethical and legal obligation for researchers. Yet, achieving anonymity can be technically difficult. When observing participants over time one needs mechanisms to link the data from the different sessions. Also, it is often necessary to expand the sample of participants during a project. Objectives To help researchers simplify the administration of such studies the CANDIDATE tool is proposed. This tool allows simple, unique, and anonymous participant IDs to be generated on the fly. Method Simulations were used to validate the uniqueness of the IDs as well as their anonymity. Results The tool can successfully generate IDs with a low collision rate while maintaining high anonymity. A practical compromise between integrity and anonymity was achieved when the ID space is about ten times the number of participants. Implications The tool holds potential for making it easier to collect more comprehensive empirical evidence over time that in turn will provide a more solid basis for drawing reliable conclusions based on research data. An open-source implementation of the tool that runs locally in a web-browser is made available.


De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Ivaylo Donev ◽  

This article considers the practical aspects of the protection and establishment of the fulfillment of the court-established legal obligation for maintenance by the parent who has not been granted the exercise of parental rights and has been sentenced to pay maintenance by virtue of a court act. The elements of the legal relationship, which arises in the judicially established obligation for maintenance and the possibilities of the obliged party to protect the lawfully executed bona fide execution outside the court act, assigning him the manner of execution through the declaratory action under Article 439, Paragraph 2 of the Bulgarian Code of Civil Procedure.


space&FORM ◽  
2021 ◽  
Vol 2021 (48) ◽  
pp. 149-170
Author(s):  
Elżbieta Czekiel-Świtalska ◽  
◽  
Alicja Świtalska ◽  

Since 2003 in Poland, it has been obligatory to prepare forecasts of the financial impact of adopting local spatial development plans. Whether or not the forecasts are put to actual use and what their content and presentation form should feature, in addition to what role should the forecast play and who should be able to make use of it? This study presents the results of a series of interviews and a survey performed among a group of municipal officials. Legal documents and the literature were analysed as well. Studies have shown that financial impact forecasts are used by municipal governments only to a limited degree. Many have expressed doubts as to the feasibility of preparing and using these forecasts. Specifically, most municipal governments do not make use of these forecasts and they are prepared only because it is their legal obligation to include them as a document added to the local spatial development plan. Due to the significance of the impact of the financial implications of adopting a local spatial development plan on a municipality's budget, it is necessary to change the approach to preparing and presenting financial forecasts.


2021 ◽  
pp. 185-198
Author(s):  
Dragica Živojinović ◽  

Medical practice and care has always included the duty of doctors to protect patients' confidiental information. However, this duty is not absolute. The subject of this paper is to identify the situations in which doctors are not bound by doctor - patient privilege, that is what are the exclusions in Serbian law that allow doctors to disclose patients’ confidential information. Considering current legal and ethical regulations related to this matter, the author analyzes each of the indetified reasons which justify disclosing doctor - patient confidential information. They are: the written consent of the patient or his legal representative; the need to protect a higher interest than the patient’s right to privacy and confidentiality of medical information; legal obligation to disclose certain information from the patient’s medical records; the court order. Assessing whether and to what extent the conditions have been met to apply each of these reasons for exclusion, the author of this paper findings that their introduction is justified and well balanced with the protection of other patient’s rights, the rights of third persons and the need to protect public health. In the concluding remarks, the author underlines that the method and extent of disclosing doctor - patient confidential information must be done for adequate purposes in order to protect patients’ confidential information in the best possible manner.


Author(s):  
Андрей Владимирович Кулаков ◽  
Ольга Рениславовна Родионова

Общей теорией права и отраслевыми науками достаточно давно исследуется структура правового статуса личности и место в данной структуре юридической обязанности. Доктринально обоснованной является позиция ученых, согласно которой структуру правового статуса личности, в том числе и осужденного к лишению свободы, составляют права, свободы и обязанности лица, закрепленные в нормативно-правовых актах. Несмотря на это, в отечественной науке время от времени появляются мнения ученых-правоведов, которые наряду с системой прав и обязанностей включают в состав правового статуса такие правовые явления, как «законные интересы», «гарантии прав», «юридическая ответственность» и т. д. Кроме того, подвергается сомнению и устоявшееся положение о структуре юридической обязанности как элементе правового статуса. Проведенный авторами анализ уголовно-исполнительных отношений дает основание утверждать, что, несмотря на особое правовое положение осужденных к лишению свободы, структура их правового статуса не изменяется, а юридические обязанности являются неотъемлемым ее элементом. При этом юридическая обязанность осужденного к лишению свободы, как и любого другого участника правовых отношений, всегда корреспондирует субъективному праву и состоит из четырех элементов: - необходимость совершения осужденным определенных (требуемых, должных) действий, предписанных нормативно-правовыми актами; - необходимость отреагировать на законные требования управомоченного лица; - необходимость (обязанность) претерпеть меры государственного принуждения в случае нарушения нормативно-правовых предписаний; - необходимость (обязанность) не мешать контрагенту пользоваться и/или реализовывать законное право. Только при таком подходе к юридической обязанности как элементу правового статуса осужденного ее можно считать не только средством установление границ дозволенного поведения, но и действенным регулятором общественных отношений. The legal status structure of an individual and the place of the legal obligation in it have been studied for a long time by the general theory of law and branch sciences. Doctrinally justified is the opinion of scientists, according to which the structure of the legal status of an individual including a person sentenced to imprisonment, consists of the rights, freedoms and duties of a person enshrined in normative legal acts. Despite this in Russian science from time to time there are points of view of legal scientists which along with the system of rights and obligations, include the legal status of such legal phenomena as «legitimate interests», «guarantees of rights», «legal responsibility», etc. In addition the well-established position on the legal obligation structure as an element of the legal status is also questioned. The author's analysis of penal relations gives grounds to assert that despite the special legal status of those sentenced to imprisonment the structure of their legal status does not change and legal obligations are an integral part of it. At the same time the legal obligation of a convicted person as well as any other participant in legal relations always corresponds to subjective law and consists of four elements: - the need for the convicted person to perform certain (required, due) actions prescribed by regulatory legal acts; - the need to respond to the legal requirements of the authorized person; - the need (obligation) to undergo measures of state coercion in case of violation of legal regulations; - the need (obligation) not to prevent the counterparty from using and / or exercising the legal right. Only with this approach to the legal obligation as an element of the legal status of the convicted person, it can be considered not only a means of establishing the boundaries of permissible behavior, but also an effective regulator of public relations.


2021 ◽  
Author(s):  
Magdalena Tkaczyk

Since climate change is broadly recognised as a threat multiplier, the environmental problems are considered in the sense of security. Academic articles are focused on analysing states, international non-governmental organisations, as well as regional entities such as the European Union as securitising actors. Limited attention has been given to the judiciary. This article fills the existing gap. The aim of the research is to analyse how do the Dutch Courts securitise the climate in adjudicating the case Urgenda Foundation v. The State of the Netherlands’, through the lens of the securitisation theory. The implementation of discourse analysis as a research methodology has proved that the Dutch courts have contributed to environmental securitisation by ruling on the legal obligation of the Dutch government to prevent dangerous climate change in order to protect its citizens


2021 ◽  
Vol 9 (10) ◽  
pp. 349-365
Author(s):  
Lucas Alves De Oliveira Lima ◽  
Jorge Alberto Veloso Saldanha ◽  
Paulo Lourenço Domingues Junior ◽  
Matheus Alves De Oliveira Lima ◽  
Gabriela Halfeld Barros Duarte

In the 1970s, social inclusion became a ubiquitous issue in the global scenario and professionals in the field of People Management began to adopt strategies for the inclusion of people with disabilities (PWD) in the labor market. However, currently, many organizations still face difficulties in hiring PWD, not adopting an effective inclusion, despite being provided for in Law number 8,213 of July 24, 1991 (Law of Quotas for PWD). Given this fact, the objective of this research was to analyze how Law number 8,213 is being applied in a mattress factory located in the city of Três Rios/RJ. This is a research of qualitative approach, which was conducted through an in-depth interview with the manager of the People Management area, through a questionnaire based on the Model of Campos, Vasconcellos and Kruglianskas (2013). To carry out the data analysis, it was used the content analysis technique according to Bardin (1977). As a result of the research, it was found that the factory does not perform as a strategy of People Management an effective inclusion program for the PWD, since practices are not developed to facilitate accessibility, retention and awareness of such individuals in the workplace. It is concluded that the admission of PWD is made tied to the legal obligation, i.e., for the mere fulfillment of the minimum percentage required by Law number 8,213. In this sense, the adoption of palliative strategies prevails in the factory so that people with disabilities are only inserted into the workplace.


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