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2021 ◽  
Vol 27 (4) ◽  
pp. 181-185
Author(s):  
Arseniy А. Bimbinov

The article examines the causes, process and results of the recent serious reform of the criminal legislation of the Federal Republic of Germany on responsibility for crimes against sexual self-determination (the thirteenth section of the German Criminal Code). The focus is on the Forty-ninth Law on Amendments to the Criminal Code in connection with the implementation of the Pan-European Provisions of January 21, 2015 (BGBl. 2015 I S. 10) and the Fiftieth Law on Amendments to the Criminal Code in connection with the strengthening of the Protection of human rights to Sexual self-determination of November 4, 2016 (BGBl. 2016 I S. 2460). Other acts (for example, the Sixtieth Law, which entailed the reformulation of certain provisions of the thirteenth section) are not considered, since they do not affect the specifics of criminal liability. The novelty of the study lies in the fact that for the first time in Russian scientific periodicals, the main parameters and consequences of the recent reform of criminal legislation on responsibility for sexual crimes in Germany have been outlined. Not only the decision-making process is demonstrated, but also their main causes are characterised. It is established that the main result of the reform was the transformation of the norms of the law, which now provide for liability within one paragraph (article) for violent acts of a sexual nature and for sexual harassment, which should be considered as sexual acts without the use of violence, any threats and without using the helpless state of the victim, committed contrary to the recognisable or unrecognisable will of the latter.


2021 ◽  
Vol 31 (4) ◽  
pp. 105-114
Author(s):  
Grzegorz Leszczyński
Keyword(s):  

Briefer process, which in my opinion has become the most inventive establishment in the recent reform made by the Pope Francis, is believed to be at the same time the biggest challenge for Ecclesiastical Tribunal. There are two main and basic conditions that need to be met in order to make this situation happen, namely both spouses are in agreement to file for divorce, so the divorce petition was reported by both of them or by only one, but with another spouse’s consent. Second basic condition is that all events and cases reported, considering facts or people, are advocated by testimony or documents and do not need to be explained and checked, so therefore they clearly indicate the nullity of marriage. Every process for nullity of marriage, no matter the form, begins with the presentation of the petition. Judge cannot familiarize with the case, until the request is not presented. Invariably, the right to complain about marriage have both spouses and the Promotor of Justice in some cases.


2021 ◽  
pp. 0013161X2110535
Author(s):  
Maxwell Yurkofsky

Purpose: A recurring frustration in educational research is the tendency for school leaders to implement reforms in ways that prioritize compliance over more substantive improvements to practice. Drawing on new institutional theory and sensemaking theory, this article explores the different ways leaders respond to continuous improvement (CI) reforms and why they frequently privilege external compliance over the perceived needs of their schools. Methods: This study used interviews, observations, and artifacts to analyze how six leaders across two midwestern school districts led the implementation of a CI method. Data analysis involved an iterative process of identifying emergent themes, refining themes based on existing research, and evaluating their usefulness in explaining differences within and across school leaders, in order to understand the different ways leaders responded to CI and what factors caused them to prioritize compliance over substantive improvement. Findings: Findings illuminate six different responses to CI that vary across three dimensions: whether leaders prioritize bridging or buffering, the form or the function of reform, and concerns for external legitimacy or internal improvement. Leaders’ professional identities, their beliefs about the usefulness of CI, and their perception of district regulation contributed to whether they implemented CI in a way that prioritized concerns for legitimacy over improvement. Implications: These findings trace the shallow reach of recent reform efforts to the ways leaders make sense of the complex institutional and technical demands of their role, offer an integrative typology of leaders’ different approaches to implementation, and identify factors that support more productive responses to district reform.


2021 ◽  
Author(s):  
◽  
Benjamin Suter

<p>This paper gives an overview of the legal system of Switzerland and then compares the judiciaries of Switzerland and New Zealand. As far as Switzerland is concerned, it covers both the system of the Swiss Federation and the systems in the Cantons. After analysing the powers enjoyed by the judiciary via the legislature, the paper examines the appointment of judges in detail. The author explains how in Switzerland openly political and other considerations are weighed in the course of electing judges and how the appointment of lay judges is balanced with an active role of law clerks. In contrast, New Zealand has a proud tradition of apolitical judicial appointments that are made solely based on merit. The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and thus, a greater judicial independence. Lastly, the paper covers the removal and discipline of judges, where the author, while he commends the recent reform in New Zealand, speaks out for a system where the ultimate decision is given to an independent judicial body rather than a parliament.</p>


2021 ◽  
Author(s):  
◽  
Benjamin Suter

<p>This paper gives an overview of the legal system of Switzerland and then compares the judiciaries of Switzerland and New Zealand. As far as Switzerland is concerned, it covers both the system of the Swiss Federation and the systems in the Cantons. After analysing the powers enjoyed by the judiciary via the legislature, the paper examines the appointment of judges in detail. The author explains how in Switzerland openly political and other considerations are weighed in the course of electing judges and how the appointment of lay judges is balanced with an active role of law clerks. In contrast, New Zealand has a proud tradition of apolitical judicial appointments that are made solely based on merit. The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and thus, a greater judicial independence. Lastly, the paper covers the removal and discipline of judges, where the author, while he commends the recent reform in New Zealand, speaks out for a system where the ultimate decision is given to an independent judicial body rather than a parliament.</p>


2021 ◽  
Vol 44 (2) ◽  
pp. 110-128
Author(s):  
Kristina Matuzevičiūtė-Balčiūnienė ◽  
Dovilė Jašinskienė

Based on the results of the theoretical analysis, problems such as the aging population of teachers, the lack of attractiveness of the teaching profession and the shortage of teachers in certain subjects have been identified in the education system, as well as in some geographical areas. The recent reform of the teacher’s payment system in Lithuania was started in 2018, so the problem analysed in the article is relatively new, which leads to a lack of research, as apart from some statistics, analysts’ insights and forecasts, scientific research on this topic is insufficient. In this study, an independently pooled cross-sections model is used to assess the factors of teachers ’salaries. The results of the research show that after the introduction of the full- time payment system, the salaries of teachers in Radviliškis district did not increase. This was due to the reduction in the size of the workload following the introduction of the full- time payment system.


2021 ◽  
Vol 10 (10) ◽  
pp. 391
Author(s):  
Matheson Sanchez ◽  
Shytierra Gaston

The criminal justice system routinely imposes financial sanctions on probation clients. These fines, fees, and restitution debts often amount to more than what many clients can reasonably afford to pay. Until recently, Massachusetts courts have incarcerated clients solely for their inability to pay these debts in a practice known as “fine time”. In 2018, the state passed a landmark criminal justice reform bill that restricted the types of cases in which fine time can be ordered. Clients that can establish that payment would lead to financial hardship can now petition the court for a financial waiver accompanied by community service. The current study seeks to explore the implications of the recent reform efforts on probation services by analyzing surveys gathered from a sample of 121 Massachusetts probation officers in 2020. Descriptive findings of officers’ attitudes toward fines and fees, responses to nonpayment by clients, and the use of financial waivers are presented. Officers’ perceptions and practices align with the recent reform efforts, suggesting support among probation personnel for policies that limit punitive responses to nonpayment of legal debts by their supervisees. Possible directions for future research and policy development are discussed.


2021 ◽  
pp. 1-118
Author(s):  
Nadine de Courtenay

Abstract The philosophical significance attached to the construction of systems of units has traditionally been confined to the notion of convention, while their adoption was considered to be the exclusive province of the history and sociology of science. Against this tradition, a close articulation between history, philosophy, and sociology of science is needed in order to analyse the recent reform of the International system of units (SI). In the new SI, units are redefined on the basis of certain fundamental constants of nature, established by physical theories, whose values are fixed without uncertainty. The purpose of this article is to show that the redefinition of SI units, far from being a convention, involves a holistic reconstruction of our concepts of quantities from accepted theoretical laws. Fixing the values of the defining constants stabilizes these laws within the framework of physics through a twofold adjustment procedure that ensures both a semantic coordination between theory and world and an intersubjective coordination between human agents required by social activities. This double adjustment results in closely entwining the pursuit of truth as correspondence and truth as coherence which turn out to be complementary, thus highlighting the anthropological underpinnings of scientific realism.


Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The fifth edition of Land Law: Text, Cases, and Materials covers all core aspects of land law, including the nature of land and of property rights, registration, human rights, legal estates, legal interests, equitable interests, acquisition of interests in land, trusts of land, the priority of interests in land, co-ownership and interests in the home, leases, easements, covenants, commonhold, and security interests in land. The book provides students with the detailed knowledge and analytical tools required to understand and engage fully with the current topical debates surrounding the subject, including recent reform proposals. The book comprises of eight parts and it looks at the content question, the acquisition question, and priority and the defences question. It also covers different contexts, such as the shared home and neighbours and neighbourhoods.


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