Additional procedures in cassation and supervision proceedings of civilistic procedure

The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main results. Since the transformation of the three-tier supervisory proceedings into a system of two cassation and one supervisory instance, as well as the liquidation of the Supreme Arbitration Court, the powers of the Chairman of the Supreme Court of the Russian Federation have spread to a fairly wide range of relations that allow influencing the movement of the case in the cassation and supervisory instance, and on itself initiation of a case in a supervisory instance. Moreover, such activities are far from always regulated by the norms of the law.The Chairman of the Supreme Court of the Russian Federation (or his deputy) currently has leverage over the possibility of considering a case in the cassation instance of the Supreme Court of the Russian Federation (Judicial Collegium of the Supreme Court) and in the supervisory instance (Presidium of the Supreme Court). These possibilities are called control and substitute in the article. Control powers should include: 1) regulation of key deadlines in cassation and supervisory proceedings; 2) interference in the procedure for filtering complaints. The procedure and conditions for the use of these powers are not regulated in the procedural codes. Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. The intervention of the Chairman of the Supreme Court of the Russian Federation in the procedure for filtering complaints has a clearly pronounced discretionary nature, moreover, it is selective. It would not be superfluous to point out that such as "order" in itself creates conditions for its abuse both by the participants in the case and by the courts. The substitute authority is the right of the Chairman of the Supreme Court to initiate supervisory proceedings on his own initiative, contrary to the basic rule of civil proceedings based on the principle of discretion (the case is initiated by the person whose rights have been violated). Supervisory proceedings are currently intended to appeal against judicial acts adopted by the Supreme Court of the Russian Federation itself when considering cases in the first, appeal and cassation instances. However, among the objects of appeal there are also acts of the Judicial Collegium of the Supreme Court, applications to which are possible with complaints against acts of any lower courts, with some restrictions on the decisions of justices of the peace (Article 390.4 of the Civil Procedure Code; Article 291.1 of the Arbitration Procedure Court). In this regard, the supervisory authority must continue to be viewed as the final link in the system of reviewing judicial acts. However, the system for reviewing judicial acts is very contradictory. On the one hand, there are a number of strict rules that cut off certain types of judicial acts from appeal; filtering complaints in the second cassation and supervision; establishing special rules for the jurisdiction of complaints. On the other hand, it is possible not to comply with these strict rules and directly contact the Chairman of the Supreme Court of the Russian Federation.This extraordinary power of the Chairman of the Supreme Court of the Russian Federation has been preserved, precisely because the Russian legislator firmly and consistently adheres to the conviction that it is necessary to leave at least one official who is not a party to the case the right to initiate an audit of a judicial act.Conclusions. The extraordinary powers of the Chairman of the Supreme Court are of an extra-procedural nature, at best they are based on the rules of record keeping (instead of the law), are selective and opaque.

KONSEP DEFERRED PROSECUTION AGREEMENT (DPA) DALAM PERTANGGUNG-JAWABAN PIDANA KORPORASI SEBAGAI BENTUK ALTERNATIF PENYELESAIAN SENGKETA

Corporate prosecution through formal prosecution is considered to be able to destroy the corporation. If possible, the punishment of the corporation should not cause the corporation to go bankrupt and go bankrupt. The entanglement of corporations in criminal law does not only occur in Indonesia, in the world several phenomenal big cases have disrupted the company's health, which has impacted the company to make efficient by closing several of its subsidiaries and automatically downsizing the number of employees, namely the case that happen to Siemens Aktiengesellschaft (AG) and Volks Wagen (VW). To minimize the bankruptcy of corporations as a result of being convicted, several countries apply the Deferred Prosecution Agreement. The Deferred Prosecution Agreement is an alternative form of dispute resolution carried out outside the court. The author wants to know how the advantages and disadvantages of implementing the Deferred Prosecution Agreement if it is applied in Indonesia by using a conceptual approach and a comparative approach to the application of the Deferred Prosecution Agreement in England and America, to produce the concept of implementing the Deferred Prosecution Agreement in Indonesia. The results of the author's research, the concept of setting up a Deferred Prosecution Agreement at least contains: 1) Corporate approval for cooperation, 2) Process supervision by Judges, 3) Determining the term of the agreement, 4) Standard agreement clauses, 5) Considerations for the use of deferred prosecution agreement only for certain cases. However, we also need to know the advantages and disadvantages of this Deferred Prosecution Agreement concept if applied in Indonesia. The advantages are: 1) The company's reputation and trust are maintained, 2) Minimizes corporate bankruptcy, 3) Shorten, simple and low-cost case resolution, 4) Prosecutors are given the power to regulate the contents of the agreement. Weaknesses: 1) Prone to abuse of authority, 2) Need to make special rules (Lex Specialis). The author suggests that if you apply the concept of the Deferred Prosecution Agreement to corporate crimes, the attorney general should make regulations that regulate the guidelines for the implementation of the Deferred Prosecution Agreement and the standard operating procedures of the prosecutor dealing with the Deferred Prosecution Agreement. If supervision is needed, it is necessary to make special rules regarding the Supervisory Board.

CLASS ACTIONS IN CIVIL PROCEDURE: ENFORCEMENT ISSUES

The issues of legal regulation and the first experience of law enforcement of class actions on the example of chapter 22.3 of the Civil Procedure Code of the Russian Federation are considered. Despite the generally unified legal regulation of class proceedings in arbitration and civil proceedings, in the practice of courts of general jurisdiction there are specific issues that need to be addressed. In article value of unity of all conditions of qualification of the declared requirements as the class action is underlined, and also consequences of non-compliance of conditions of certification are revealed. Attention has been drawn to the necessity of application of the general rules of action proceedings along with the special rules of chapter 22.3 of the Civil Procedure Code of the Russian Federation in consideration of class actions. Also within the framework of this study the author concludes that each new legal institute raises a number of controversial issues in the process of law enforcement. And that is why it is very important to refer to the general provisions of the Civil Procedure Code of the Russian Federation, developed under the guidance of Professor M.K. Treushnikov, which allow to find the best solution for this or that problem of legal regulation and law enforcement.

On the convergence of bumping routes to their limit shapes in the RSK algorithm: numerical experiments

Introduction: The Robinson — Schensted — Knuth (RSK) algorithm transforms a sequence of elements of a linearly ordered set into a pair of Young tableaux P, Q of the same shape. This transformation is based on the process of bumping and inserting elements in tableau P according to special rules. The trajectory formed by all the boxes of the tableau P shifted in the RSK algorithm is called the bumping route. D. Romik and P. Śniady in 2016 obtained an explicit formula for the limit shape of the bumping route, which is determined by its first element. However, the rate of convergence of the bumping routes to the limit shape has not been previously investigated either theoretically or by numerical experiments. Purpose: Carrying out computer experiments to study the dynamics of the bumping routes produced by the RSK algorithm on Young tableaux as their sizes increase. Calculation of statistical means and variances of deviations of bumping routes from their limit shapes in the L2 metric for various values fed to the input of the RSK algorithm. Results: A series of computer experiments have been carried out on Young tableaux, consisting of up to 10 million boxes. We used 300 tableaux of each size. Different input values (0.1, 0.3, 0.5, 0.7, 0.9) were added to each such tableau using the RSK algorithm, and the deviations of the bumping routes built from these values from the corresponding limit shapes were calculated. The graphs of the statistical mean values and variances of these deviations were produced. It is noticed that the deviations decrease in proportion to the fourth root of the tableau size n. An approximation of the dependence of the mean values of deviations on n was obtained using the least squares method.

ALGORITHM FOR DETERMINATION OF BRAKE EFFICIENCY OF INDUSTRIAL RAILWAY TRAINS

The main differences between the operating conditions of industrial railway transport from the main-line ones, which feature the performance of technological transportation, i.e., the transportation of goods within the local boundaries of enterprises (domestic technological transportation), and import (export) of goods to other modes of transport (external transportation). Industrial railway transport plays an important role at mining enterprises, as the working conditions of these enterprises are not constant and getting continuously more complicated during the entire period of field development. In this regard, one of the most important factors in ensuring the train safety is the braking efficiency. The calculation of the braking efficiency of a quarry train is performed according to special rules, and the parameters of the braking process that affect the braking distance are set by coefficients. As an estimated characteristic of braking efficiency for industrial railway transport, the maximum speed is taken, at which the braking distance should be no more than 300 m, regardless of the magnitude of the slope of the railway track. For the first time it is proposed to determine the allowable speed by the iterative method using a correction factor, the choice of which is due to the fact that the relationship between speed and braking distance is described by a quadratic function. The calculation showed that in five iterations the difference between the calculated and normative values of the braking distance of 0.01 m (1 cm) is achieved, which indicates the efficiency effect of the proposed determination procedure. The software allows you to automatically perform calculated studies for a given range of values of the slopes. The results of the train calculation in a specified range of slope values are given, as well as an analytical expression for determining the maximum speed for a given arbitrary slope value. Key words: allowable speed, braking distance, iterative process, correction factor, algorithm.

Connecting Europe Facility in the system of joint financing of the EU critical infrastructure

The study shows components of financial support for the formation and development of critical infrastructure entities in the European Union. The sustainable functioning of critical infrastructure is aimed at the observance of common Union interests, given the existence of differences in the economic policy in different EU Member States. It was found that the development of Trans-European infrastructure programs is carried out within the framework of the EU Cohesion Policy. The Connecting Europe Facility is a key special tool for funding critical infrastructure in the EU transport, energy and digital services sectors. The Fund is mainly used to finance entities aimed at achieving the goals of the European Green Deal. Recommendations for Ukraine to take into account the experience of financial support regulation for the development of the EU critical infrastructure are substantiated. Based on the experience of the EU, the criteria for determining the priority of the project for financing critical infrastructure are highlighted. Based on the analysis of the formation and use of the Connecting Europe Facility as the main common instrument for financing the EU critical infrastructure, a conclusion was made on the feasibility of establishing a critical infrastructure development fund of Ukraine to support financing of key projects in transport, digital and energy infrastructure. Special rules for determining the eligible costs incurred for financing infrastructure projects at the expense of the critical infrastructure development fund of Ukraine are disclosed.

Progetto Aumentiamo la realtà con il QR-code

With reference to art. 9 of our Constitution “The Republic promotes development and scientific and technical research. Protects the landscape and the historical and artistic heritage of the nation “and art. 6 “The Republic protects linguistic minorities with special rules”, the project “Let’s increase reality with the qr-code” wanted to enhance the school as a community open to the territory in which it operates and develop skills in the field of active and democratic citizenship. Two paths have been taken: researching historical sources to learn about the country’s past and experimenting with the use of a Quick Response Code to combine the past with the present and leave a trace in the future.

A Crime Organizer in the General Part of the Criminal Code of the Russian Federation and Special Rules on Complicity of the Special Part

A paper provides a comprehensive study of the role of the organizer in crimes without compulsory complicity and in crimes prohibited by special provisions on complicity of the Special Part of the Criminal Code of the Russian Federation (Under the special rules on complicity in this work we understand two types of norms of the Criminal Code of the Russian Federation: 1) rules establishing responsibility for combining several persons into a criminal group — Art. 209, 210 and others; 2) establishing responsibility for instigators, organizers, accomplices and other accomplices directly in the Special Part of the Criminal Code of the Russian Federation — Art. 205.1, etc.). The paper considers the issues of distinguishing the role of the organizer from the role of the instigator to the commission of a crime and an accomplice in the commission of a crime. In judicial practice, errors are often encountered both in the form of excessive (when the instigator is recognized as the organizer) and in the form of insufficient qualifications (when the organizer is recognized only as an instigator or accomplice). Such a variant of over-qualification is also possible, when the organizer is recognized as both an accomplice and an instigator to committing a crime, although the role of the organizer should absorb these functions. The paper considers the issues of qualification of the actions of the organizer and other accomplices of the crime, when, in the process of directing the commission of the crime, the organizer changes the direction of the actions of the accomplices in comparison with the original plan of action. The Plenum of the Supreme Court of the Russian Federation in some decisions recommends not to take into account the role of the organizer when committing a crime as part of an organized group (to recognize him as a co-executor of the crime). In the educational literature, this is considered as a universal rule for qualifying crimes committed by an organized group. The Criminal Code of the Russian Federation does not provide grounds for such a qualification. In judicial practice, there is no uniformity on this issue. The role of the organizer in crimes without obligatory complicity distinguishes from the role of the organizer in organized groups and criminal communities (special rules on complicity) in that in the first situation the organizer is subject to responsibility only if preparations for a specific crime are started, and in the second situation, regardless of the crime preparation commencement, but from the moment the corresponding organized group or criminal community was created.

Vaccines for Travelers

When counselling travellers about the need, benefits and risks of travel vaccines, the following factors must be considered: o Environmental factors, e.g., destination, duration of exposure (including expected cumulative life-time exposure), epidemiological situation, travel style (low budget associated with higher risk), travel purpose (visiting friends or relatives [VFR] - often results in higher risk) o Host factors include e.g. age, origin (potential exposure at home vs. at destination, is there an incremental risk?), pre-existing illness, particularly immune suppression (e.g. HIV, medication), pregnancy, nursing A structured discussion about required, routine and recommended vaccinations is beneficial o Required by destination country: yellow fever (special rules based on the International Health Regulations), meningococcal disease (Hajj), COVID-19 o Routine: usual childhood / adolescence / adult / senior citizen vaccinations. Programs differ between countries. Some proof of vaccination may be required for schools mainly in North America. o Recommended: depending on exposure to risk (incidence rate, also incremental risk compared to home country), impact of infection, cost of vaccines, etc. Essentials when protecting travellers against vaccine preventable diseases: o Set correct priorities; base decisions on epidemiological evidence; consider contraindications o Always state that  No vaccine is 100% effective;  All vaccines may have adverse reactions, rarely serious ones.

Vaccines for Travelers

When counselling travelers about the need, benefits and risks of travel vaccines, the following factors must be considered: Environmental factors, e.g., destination, duration of exposure (including expected cumulative life-time exposure), epidemiological situation, travel style (low budget associated with higher risk), travel purpose (visiting friends or relatives [VFR] - often results in higher risk) Host factors include e.g. age, origin (potential exposure at home vs. at destination, is there an incremental risk?), pre-existing illness, particularly immune suppression (e.g. HIV, medication), pregnancy, nursing A structured discussion about required, routine and recommended vaccinations is beneficial Required by destination country: yellow fever (special rules based on the International Health Regulations), meningococcal disease (Hajj), COVID-19 Routine: usual childhood / adolescence / adult / senior citizen vaccinations. Programs differ between countries. Some proof of vaccination may be required for schools mainly in North America. Recommended: depending on exposure to risk (incidence rate, also incremental risk compared to home country), impact of infection, cost of vaccines, etc. Essentials when protecting travelers against vaccine preventable diseases: Set correct priorities; base decisions on epidemiological evidence; consider contraindications Always state that No vaccine is 100% effective; All vaccines may have adverse reactions, rarely serious ones.