Guilt as a condition of civil liability for violation of copyright and related rights

The relevance of the scientific article is due to the changes made to copyright legislation, which established a multiple size of civil liability for violation of copyright and related rights. Such responsibility is atypical for civil law, since it provides for the dependence of its size on the form of guilt of the offender. In the doctrine of civil law and jurisprudence, the presumption of guilt in committing a civil offense is traditionally applied. At the same time, the measures of responsibility are aimed at full compensation for the harm caused, regardless of the form of guilt. Therefore, in civil law there is no normative definition of the forms of guilt. At the same time, in cases on the protection of copyright and related rights, the issue of proving the form of the offender’s guilt acquires special significance. This is necessary to establish the basis for civil liability and its size. For this purpose, based on the study of scientific approaches to understanding the category of guilt, the author of the article formulated criteria for establishing a careless form of guilt in violation of copyright and related rights; the signs indicating the absence of guilt in the actions of the offender have been identified; the characterization of intent when committing a violation of these rights is given. The behavior of the violator, which is deliberately aimed at violating the rights of the copyright holder or deliberately ignoring his rights in order to achieve goals useful for himself, should be defined as guilt in the form of intent. The attitude of the subject to the harm caused to the copyright holder is legally unimportant. Intent should be established with respect to the behavior of the subject at the time of the violation, and not after its completion. The application of the criteria for the form of guilt proposed in the article is aimed at solving practical problems in law enforcement

Method of Switching on and Off a Power Transformer with a Capacitor Bank in an Electrothermal Installation

The article is devoted to issues related to increasing the energy efficiency of industrial electrothermal installations, both in starting and stationary operating modes due to the use of capacitors and thyristor starters with special control. The results of a significant reduction in the duration of the transient process, elimination of surges and asymmetry of starting currents and voltage drawdowns are presented. The results of full compensation of the reactive power of the network in the steady-state mode are also presented. It is shown that the starting currents do not exceed their steady-state values and that the shutdown of the electrothermal installation is performed without the occurrence of an arc and switching losses at the contacts of the switches. Researches of an electrothermal installation with a capacity of 750 kV⋅A and a voltage of 380 / 80 V are made on the model in the Matlab environment.

Intrafractional stability of MR-guided online adaptive SBRT for prostate cancer

Background MR-guided online adaptive stereotactic body radiation therapy (SBRT) for prostate cancer aims to reduce toxicity by full compensation of interfractional uncertainties. However, the process of online adaptation currently takes approximately 45 min during which intrafractional movements remain unaccounted for. This study aims to analyze the dosimetric benefit of online adaptation and to evaluate its robustness over the duration of one treatment fraction. Methods Baseline MR-scans at a MR-linear accelerator were acquired for ten healthy male volunteers for generation of mock-prostate SBRT plans with a dose prescription of 5 × 7.25 Gy. On a separate day, online MR-guided adaptation (ViewRay® MRIdian) was performed, and thereafter MR images were acquired every 15 min for 1 h to assess the stability of the adapted plan. Results A dosimetric benefit of online MR-guided adaptive re-planning was observed in 90% of volunteers. The median D95CTV- and D95PTV-coverage was improved from 34.8 to 35.5 Gy and from 30.7 to 34.6 Gy, respectively. Improved target coverage was not associated with higher dose to the organs at risk, most importantly the rectum (median D1ccrectum baseline plan vs. adapted plan 33.3 Gy vs. 32.3 Gy). The benefit of online adaptation remained stable over 45 min for all volunteers. However, at 60 min, CTV-coverage was below a threshold of 32.5 Gy in 30% of volunteers (30.6 Gy, 32.0 Gy, 32.3 Gy). Conclusion The dosimetric benefit of MR-guided online adaptation for prostate SBRT was robust over 45 min in all volunteers. However, intrafractional uncertainties became dosimetrically relevant at 60 min and we therefore recommend verification imaging before delivery of MR-guided online adapted SBRT.

KONSEP GUGATAN PEMERINTAH ATAS PENCEMARAN LINGKUNGAN: KOMPARASI ANTARA INDONESIA DAN AMERIKA SERIKAT

In recent years, the Minister of Environment and Forestry (MoEF) has intensified the use of its rights to sue for environmental damage. In most of the lawsuits, the courts have ruled in favor of the MoEF. Surprisingly, hitherto no restoration has taken place in areas where the MoEF’s claims for damages have been granted. Based on conceptual and comparative approaches, this research addresses the restoration of environmental damage in the United States of America and Indonesia. This article finds some problems with the restoration of environmental damage in Indonesia, such as the absence of a Recovery Plan, the use of theoretical damage valuation methods, and the absence of full compensation measures. This article also proposes some recommendations to improve the implementation of the government’s right to sue in Indonesia.

COMPENSATION OF LOSSES AS A WAY TO PROTECT THE RIGHTS OF ENTREPRENEURS IN CASE OF VIOLATION OF THE CONTRACT

В статье исследуется возмещение убытков как способ гражданско-правовой защиты предпринимателей при нарушении договорных обязательств. Рассмотрен размер возмещаемых убытков и случаи, когда полное возмещение убытков ограничивается размером реального ущерба. Затронута проблематика доказывания размера убытков. The article examines the compensation of losses as a way of civil protection of entrepreneurs in case of violation of contractual obligations. The amount of recoverable losses and cases when full compensation of losses is limited to the amount of real damage are considered. The problem of proving the amount, of losses is touched upon.

Financial institutions and financial control

The article points out that the institution of financial control has clearly defined limits of application in society, while the scope of its direct application is the formation, distribution and use of public finances. The author shows that the institution of control has a binary nature, whose consideration allows to distinguish between its formal and informal content and to find ways to improve the efficiency of its use. The informal content of the institution of control is related to the financial morality of society and its members, and the formal one — to the competence or practice of agents of the institution of control as its structural elements for the benefit of society in the form of financial gain. It is proved that the public utility of the institution of control is determined by the financial and institutional benefits of its operation. Based on the calculations, it is shown that the institution of control is in a state of dysfunction. The author proposed various ways to overcome the established dysfunction, in particular, are proposed – giving the institute control over the powers to prevent financial violations and to effect full compensation.

Prolonged response time helps eliminate residual errors in visuomotor adaptation

One persistent curiosity in visuomotor adaptation tasks is that participants often do not reach maximal performance. This incomplete asymptote has been explained as a consequence of obligatory computations within the implicit adaptation system, such as an equilibrium between learning and forgetting. A body of recent work has shown that in standard adaptation tasks, cognitive strategies operate alongside implicit learning. We reasoned that incomplete learning in adaptation tasks may primarily reflect a speed-accuracy tradeoff on time-consuming motor planning. Across three experiments, we find evidence supporting this hypothesis, showing that hastened motor planning may primarily lead to under-compensation. When an obligatory waiting period was administered before movement start, participants were able to fully counteract imposed perturbations (Experiment 1). Inserting the same delay between trials – rather than during movement planning – did not induce full compensation, suggesting that the motor planning interval influences the learning asymptote (Experiment 2). In the last experiment (Experiment 3), we asked participants to continuously report their movement intent. We show that emphasizing explicit re-aiming strategies (and concomitantly increasing planning time) also lead to complete asymptotic learning. Findings from all experiments support the hypothesis that incomplete adaptation is, in part, the result of an intrinsic speed-accuracy tradeoff, perhaps related to cognitive strategies that require parametric attentional reorienting from the visual target to the goal.