legal doctrine
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Nuclear Law ◽  
2022 ◽  
pp. 141-159
Author(s):  
Abel Julio González

AbstractThe doctrine for legal imputation (including the derivative concepts of legal charging, suing, indicting, prosecuting and judging) of detrimental health effects to those responsible for radiation exposure situations has been a matter of debate for many years and its resolution is still unclear. While the attribution of harm in the situations involving high radiation dose is basically straightforward, the challenge arises at medium doses and becomes a real conundrum for the very common situations of exposure to low radiation doses. The ambiguous situation could be construed to be a Damocles sword for the renaissance of endeavours involving occupational and public radiation exposure. This chapter describes the epistemological situation on the attribution of radiation health effects and the inference of radiation risks, relying on estimates from the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR) reported to the UN General Assembly. It discusses the implications of UNSCEAR’s refined paradigm for assigning legal liability. The chapter concludes with a recommendation to develop an international legal doctrine on the ability to impute detrimental radiation health effects.


2022 ◽  
pp. 146-159
Author(s):  
Asmaa Boukhima ◽  
Tahar Khallouki

Today, the notion of social interest occupies an essential place in legal science. For a long time limited to the shareholders' own interests, today a large part of the legal doctrine insists on the necessity to take into consideration all the interests that contribute to the prosperity of the company, such as its employees, its suppliers, its customers. This is the sense in which the current debate on corporate governance and CSR (corporate social responsibility) is heading. In the context of this study, attention will be focused on the case of the employee. How does one take into consideration the interest of the latter in the company? Both forms of involvement are important, but the authors limit themselves to the second one, namely employee stock ownership.


2022 ◽  
Author(s):  
Jan Böhle

The book examines the legal relationships in international loan syndicates based on the model contracts developed by the Loan Market Association (LMA). German law qualifies loan syndicates as partnerships. This qualification is questioned as it conforms neither to the expectations nor to the needs of the parties involved. With a constant comparative law approach (primarily England and France), the work brings together legal doctrine, legal theory and economics in order to develop practical solutions with regard to syndicate voting and duties of information in an LMA loan syndicate as well as the interpretation and judicial review of an LMA syndicate agreement.


2021 ◽  
Vol 57 ◽  
pp. 4-4
Author(s):  
Michał Koszowski

Purpose. The aim of the article is to assess whether the current legal framework on travel insurance contracts allows the regulations in question to be included in the legal instruments that both ensure safety in tourism and constitute an element of the regulatory policy aimed art counteracting alcoholism and the negative effects of alcohol consumption. Method. The main method used in the submitted article is the legal dogmatic method, which, however, is not used in the strict sense. Additionally, analysis of the normative text is supplemented with the author's independent reference to judicial decisions and legal doctrine. Findings. Analysis of legal regulations and judicial decisions allows to indicate that the structure of travel insurance makes it an element of the regulatory policy aimed at counteracting alcoholism. Accidents can often be classified as insurance events within the meaning of various types of insurance contracts, including travel insurance. Therefore, the structure of these agreements cannot assume the form of a specific sanction for alcohol consumption. However, to ensure the fullest possible safety in tourism, insurance events of this type should not be excluded from the liability of insurers without deeper reflection on the purpose of this kind of protection, also within the context of the policy aimed at counteracting addictions and their effects on health and life. Research and conclusions limitations. The legal analysis is focused on the Polish legal regulation of the issue. Practical implications. The conducted research may be an indication for the creation of mandatory regulations regarding travel insurance contracts, as well as the content of the contracts themselves and general insurance conditions. Originality. Research on regulatory policy that is rarely of interest to legal scientists. Type of paper. In the article, theoretical concepts are presented. This text is an overview in nature.


2021 ◽  
Vol 11 (5) ◽  
pp. 242-259
Author(s):  
V. MIKELENAS

The article is dedicated to the memory of Professor M.K. Treushnikov. The professor was the head of the candidate of law thesis of the author of the article, therefore, the beginning of the article is devoted to the author’s memories of M.K. Treushnikov. Since the main field of scientific research of M.K. Treushnikov is related to evidence and proof in civil proceedings, the main part of the article is devoted to the issues of the standard of proof. On the basis of the comparative method the author analyses how the approach to the standard of proof in Lithuania and Russia changed after 1990, both in legal doctrine and case law. It is concluded that there are many similarities in the standard of proof between Lithuanian and Russian civil procedure law, but there are also differences, which are due both to different legal doctrine approaches to this issue and to different case law. In particular, the author points out that there must be common standards for such cognitive, logical activity, which exist regardless of the legal system operating in one state or another, for there is only one logic.


Author(s):  
Slipachyk Slipachyk

The scientific article focuses on the analysis of a sentence of life imprisonment without a realistic prospect of release in Ukraine as a violation of the “right to hope” in the context of the human dignity category. The study provides an overview of approaches to the definition of human dignity in national legal doctrine and practice, a historical and legal analysis of the origins of legal regulation of the idea of ​​respect for human dignity in international legal acts, and analyses the constitutional stages of the evolution of this concept as a matter of international law. The author has reviewed the jurisprudence of the European Court of Human Rights on this issue and studied the reasons of the Court on setting standards for acceptable treatment of a person through the lenses of human dignity and the inadmissibility of inhuman and degrading offences. Taking into account these standards, a critical assessment has been carried out, in particular, of the judicial practice of the Federal Republic of Germany on the application to a prisoner of such a type of punishment as preventive detention with indefinite duration. Emphasis has been given to the national judicial practice in cases of possible releasing life-sentenced prisoners in the conclusions of the Grand Chamber of the Supreme Court and the decision of the Constitutional Court of Ukraine on this issue. Based on the results of the study, a set of measures, including amending the legislation to bring it in line with the requirements of European human rights standards to protect human dignity and ensure the “right to hope” has been offered.


2021 ◽  
Vol 27 (12) ◽  
pp. 2772-2784
Author(s):  
Anna P. GAVRYUSHENKO

Subject. This article discusses the general principles of strategic management in relation to strategic financial management. Objectives. The article aims to substantiate and formulate the principles of strategic financial management applicable in the conditions of the Russian version of the information economy, corresponding to the current documents of strategic planning and to the current state of the financial and legal doctrine. Methods. For the study, I used a systems approach, functional and structural analysis, retrospection, forecasting, observation, and classification. Results. The article reveals significant shortcomings of the current strategic planning documents, the lack of doctrinal development, as well as the normative consolidation of general and special principles, which could contribute to solving tasks by strategic financial management effectively. Conclusions. The general principles of strategic management in the economy as a whole are applicable and can be used as the basis for strategic financial management.


2021 ◽  
Vol 9 (4) ◽  
pp. 36-40
Author(s):  
Igor Tushksnov ◽  
Igor Vasil'ev

In this article, based on the analysis of the works of I.L. Solonevich, the relevance of his political and legal views on the structure of civil society is substantiated. It is concluded that its main elements should be trade unions, local self-government bodies and religious organizations.


Lex Russica ◽  
2021 ◽  
pp. 96-107
Author(s):  
L. P. Anufrieva

The paper aims to address the totality of individual terms based on the generic concept of “doctrine”: “legal doctrine”, “scientific doctrine”, “judicial doctrine” the way they are interpreted in modern Russian legal science. Substantially and conceptually, the work anticipates an approach to another subject that is an integral part of the Russian judicial doctrine and the process of its formation, namely the application of the principles and norms of international law in the administration of justice. The paper focuses on some ambiguous interpretations of the understanding of the phenomena that are combined with each other due to the interweaving of the above concepts found in modern domestic and foreign literature, sometimes mixing their external and internal sides, proposed corresponding original solutions or paradoxical qualifications. Two extremes are emphasized in the course of revealing the essence of the analyzed concepts: either an almost arbitrary — mechanical — connection of all the elements present in one case or another into a kind of artificial “complex”, or a declination in favor of only one component as a central (or supporting) component while ignoring the others. Analyzing the legal doctrine as a concept the author differentiates between a category of science and judicial doctrine, and assumes that it is worth avoiding hyperbolization of differentiation between them. On the other hand, it would be fruitless to draw direct lines of their influence on each other. At the same time, when using the term “judicial doctrine”, it is impossible to abstract from the concept of “doctrine” in the general scientific sense. Their mutual intersection with each other, “penetration” into each other are objective. Formulating the conclusions on the problems of the concepts of legal, scientific and judicial doctrine, the author advocates greater caution in making proposals and, at the same time, greater criticism in assessing the already existing conclusions of legal theorists and practitioners.


Author(s):  
Ilia Minnikes

The article discusses the main approaches to the problem of legal protection of constitutional rights of citizens in Russian and foreign legal doctrine. Given the complexity and scope of this topic, the main attention is paid to such aspects as the protection of constitutional rights of citizens in the context of globalization and the protection of constitutional rights of citizens in the context of digitalization. It is argued that the processes of globalization and digitalization have posed a number of urgent issues to scientists, and the scientific community should be ready to resolve them. Based on the analysis, it is concluded that the processes of globalization and digitalization entail the weakening of national legal institutions, which is a serious threat to the constitutional rights of citizens.


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