State Control over Intra-Group Transactions of Assets of a Strategic Entity

The article examines the current legal mechanism for monitoring the implementation of intra-group transactions and other actions within the framework of economic concentration; the possibility of applying the appropriate procedure when exercising state control over foreign investments in strategic business companies.The analysis of regulatory legal acts and international practice allowed the author to conclude that the introduction (by analogy with the Law on the Protection of Competition) of a notification procedure for a foreign investor to make transactions with assets of a strategic business company will not correspond to the objectives of control over foreign investments. In that connection the existing preliminary control seems to be the most effective.

Flowing Refractometer for Feed Water State Control in the Second Loop of Nuclear Reactor

The necessity to control the feed water state in the second loop of a nuclear power plant nuclear reactor is justified. The different methods of the state control of flowing water in the pipeline are reviewed. It has been established that controlling the feed water state should not result in irreversible changes in its chemical composition and physical structure. A change in the composition or structure of feed water leads to a change in its heat capacity. The heat transfer deteriorates, the production of electrical energy in the installation decreases, and the additional release of heat into the atmosphere increases. This process also occurs during the heat capacity changes for other reasons. The method for controlling the feed water heat capacity by measuring the value of the refractive index n is developed. The design of a flow-through refractometer based on the total internal reflection for control of the feed water state in the stream is made. The dependence of the heat capacity change of feed water from the refractive index is established. The results of research on different types of water are presented.

Homemade Pornography and the Proliferation of Queer Pleasure in East Germany

Like other Eastern Bloc countries, East Germany sought to control even its citizens’ leisure time in the 1960s and 1970s, with the goal of making it useful or at least not subversive to state interests. Certain hobbies, like amateur photography, found support from the state in the form of increased access to equipment and supplies. Other scholarship has shown that sex was a locus of privacy and self-assertion in a society with a high degree of surveillance and state control. Focusing on a previously unanalyzed collection of erotic photographs of men, the article argues, first, that the support for amateur photography makes the state an unwitting participant in the creation and circulation of these illicit images and, second, that the images are an archive of queer men’s self-presentation and critique in a context wherein their existence and affect are transgressive.

Monitoring of hunting resources: population-based approach

It is recognized that the objects of the hunting economy are populations of game animals. However, there is no term “population” in current Russian legislation, the undefined expression “hunting resources” is used instead. The monitoring of the hunting resources status is currently limited by regulatory documents only to the analysis of materials based on the winter route census (WRC). This is insufficient to establish the nature of population dynamics, acquire knowledge about population cycles in different populations, and collect the data on the qualitative composition of populations and their changes over time. For hunting providers, simple methods of collecting and processing material on the qualitative composition of populations are offered. They can be carried out both during the hunting season and during the purchase of products from hunters. Systematic observations and analysis of the obtained materials will allow accumulating knowledge about a specific exploited population. Hunting providers should use different methods of registration of hunting animals to monitor exploited populations. To control registration, state game wardens can use the WRC. The state control should proceed from the confidence in the results of the registration work of hunting providers since they are those interested in the long-term use of hunting resources.

Instytucja osobowości prawnej w okresie PRL jako narzędzie ograniczania autonomii jednostek przez państwo autorytarne

The purpose of this paper was to analyze how the regulation of legal personality by positive law affected the rights and freedoms of individuals in the period of the Polish People’s Republic. The possession of legal personality leads to the empowerment of an organization and facilitates it by pooling resources to achieve a certain goal. Having legal personality also gives an entity a certain autonomy vis-à-vis other entities, including its members and the state. The analysis has shown that in the period of the Polish People’s Republic, positive law was deliberately used to limit the possibility of creating entities with their own legal personality. The formal concept of a legal person was used instrumentally as a tool to impede the possibility of building an organization outside state control. It also led to a structurally incorrect and practically questionable recognition of the judicial capacity of entities that did not have legal personality. In addition, using the concept of an economic unit in the area of economy, a functional criterion was adopted to determine the participants of economic turnover, which also broke with the traditionally adopted in this respect approach based on legal personality. This led some of the representatives of civil law doctrine at that time to consider the institution of legal personality as useless, which testified to the fact that the legal environment and the applied mechanisms typical of an authoritarian state suppressed any autonomy and independence of interest underlying a separate legal personality.

Stosowanie przepisów o formie czynności prawnych, jako instrument kontroli obrotu prawnego w perspektywie orzecznictwa SN w latach 1964–1989

The regulation of civil law transactions during the Polish People’s Republic took place on many different levels. Among other things, the scope of state control over the performance of legal transactions also involved the obligation to document them. At the normative level, the code institution of the form of legal transactions reflected classical civilist concepts, typical for free-market relations. The aim of the study is to determine to what extent the principle of freedom of form expressed in the Civil Code was respected in practice, and to what extent the application of the rules on form made them another tool at the disposal of the totalitarian state to control transactions. Judicial jurisprudence seems to be the most appropriate area to analyze this problem. The article presents selected theses of the Supreme Court relating to the application of regulations on the form of legal transactions, formulated in the years 1964–1989, that is, from the enactment of the Civil Code to the beginning of the political and economic transformation towards democracy and free-market economy. The main considerations are preceded by a presentation of the code regulation of the form of legal actions with an indication of the basic functions, which — in the intention of the authors of the Civil Code — were ascribed to the form of legal actions. The part of the study devoted to the discussion of the jurisprudence explains, first of all, how the principle of the freedom of form was understood and how the provisions on the special form and the consequences of failing to observe it were applied. The conclusions that emerge from the analysis do not allow us to formulate a thesis about an ideological interpretation by the Supreme Court. In particular, it cannot be confirmed that the use of provisions on form testified to their instrumentalization. This leads us to reflect that the political conditions of the communist period did not preclude the Supreme Court from interpreting the law in a fully autonomous manner. For this reason, much of the case law from that period is still relevant.

Free terminal time optimal control of a fractional-order model for the HIV/AIDS epidemic

In this paper, we present a fractional model for the HIV/AIDS epidemic and incorporate into the model control parameters of pre-exposure prophylaxis (PrEP), behavioral change and antiretroviral therapy (ART) aimed at controlling the spread of diseases. We prove the local and global asymptotic stability of disease-free and endemic equilibria of the model. We present a general fractional optimal control problem (FOCP) with free terminal time and develop the Adapted Forward-Backward Sweep method for numerical solving of the FOCP. Necessary conditions for a state/control/terminal time triplet to be optimal are obtained. The results show that the use of all controls increases the life expectancy of HIV-treated patients with ART and remarkably increases the number of people undergoing PrEP and changing their sexual habits. Also, when the derivative order [Formula: see text] ([Formula: see text]) limits to 1, the value of optimal terminal time increases while the value of objective functional decreases.

Risk-Oriented Approach in the Implementation of Control and Supervision Activities: Theoretical Justification and Problems of Application

The article discusses the theoretical justification of the risk-based approach in the implementation of state control and supervision, and also highlights the problems of the practical use of this approach in the context of the reform of control and supervision activities. The author compares the positions regarding the risk category in economic and legal studies, justifies the growing interest in the use of risk technologies in public administration. An analysis of the use of the risk category in the legal and regulatory field allows us to distinguish two positions in relation to risk: risk as a possible occurrence of an event that has a negative effect, and risk as the probability of its occurrence. The risk institute belongs to the general theory of law and at the same time finds development in industry research. In modern conditions, the law is inherent in the task of preventing, overcoming and minimizing risks in various areas of social reality with their simultaneous recognition and assumption. The author considers the evolution of the application of the risk management system in the implementation of customs and tax control, substantiates the transformation of its interpretation. Based on the analysis, it is concluded that the risk-based approach in relation to the system of state control and supervision should be interpreted as the principle of a modern system of state control and supervision; the condition of its selectivity and sufficiency; means of reducing the administrative burden on the controlled sphere; a means of stimulating the controlled sphere in a given direction and a modern method of organizing and implementing state control and supervision. Narrow and broad approaches in positioning risks in the implementation of state control and supervision are highlighted. In the first case, risk is understood as the probability of non-compliance with mandatory requirements. A broad approach involves two factors: the likelihood of non-compliance and the consequences of such non-compliance. A characteristic is given to such characteristics of a risk-based approach in the implementation of state control and supervision: staging, agile, stimulating the preventive component of state control and supervision, the development of interagency cooperation, the connection with the digitalization of control and surveillance activities. The following are identified as the problems of applying the risk-based approach in the implementation of state control and supervision: the problems of developing and using criteria for the risk categorization of controlled persons, correlating these criteria with indicators of the effectiveness and efficiency of control and supervision activities; lack of correlation between control and supervisory procedures and proceedings on administrative offenses; the problem of using the category of good faith in the implementation of control and supervision activities and others. Solving the identified problems will improve the effectiveness of state control and supervision in modern conditions.