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2021 ◽  
pp. 182-207
Author(s):  
S. F. Denysov ◽  
D. Ye. Zaika

Correction and resocialization of convicts today is a stable legal structure that has been repeatedly used in legal acts and leading research. Meanwhile, historically, “correction” has been used in domestic law alongside “re-education”. “Rehabilitation” and “reintegration” are familiar to international law. The mixing and unsystematic application of the above and a number of other legal terms is not uncommon, which encourages a more detailed study of their essence and relationship between them. The article is devoted to the research of the terms “correction”, “education”, “resocialization”, “social adaptation”, “social rehabilitation” and “reintegration”. The authors set out to focus on a generalized study of: 1) the historical context, 2) the period of existence of legal relations, defined by the relevant term, 3) the essence and content, 4) features of regulation and based on analysis of the provisions of current legislation and views in the scientific literature to outline the boundaries of each of the above terms and indicate the features of their relationship. To conduct the widest possible analysis, the authors used the current legislation of Ukraine, domestic and foreign scientific literature, dictionaries, draft laws, provisions of ECtHR decisions, and documents prepared by the UN Office on Drugs and Crime. The analysis was conducted taking into account not only the criminal-executive understanding of the above concepts, but also their philosophical, social, political, medical and so on. According to the results of the research, a generalized understanding of each of these terms was formed and compared with each other. The authors came to the conclusion that the current legislation needs to be modernized and brought in line with international regulations, where instead of “correction” and “resocialization” of convicts use the terms “social rehabilitation” and “reintegration”.


Author(s):  
M.S. Yushchenko ◽  
O.S. Kochina

The scientific article is devoted to the analysis of problematic issues related to the donation agreement for the future. Despite the fact that the topic of the gift agreement is quite common and sufficiently disclosed in scientific articles, textbooks, manuals and monographs, problematic aspects of the gift agreement with the obligation to transfer the gift in the future is still not given due attention. Due to the lack of interest in this type of contract, there is a small amount of research that is not able to fully disclose its content. It is established that the basis for the existence of the donation agreement for the future was the enshrinement in the Civil Code of Ukraine of the possibility of consensus of the donation agreement itself. The paper indicates possible options for the transfer of the thing in the future, as well as the essential conditions, the violation of which entails the invalidity of this type of contract. In addition, much attention is paid to the features of the gift agreement with the obligation to transfer the gift in the future, which are not enshrined in law, but they can be easily identified by analyzing scientific papers and articles of the Civil Code of Ukraine on donations. This article considers such a feature of the contract of gift for the future as its gratuitousness, which is characterized by its imperative. Occasionally, the connection of gratuitousness with the reasons and motives of the gift is determined, because the donor, concluding this type of contract may express some gratitude to the person, seek to provide him with financial assistance, or encourage the person to take beneficial actions. That is why much attention is paid to the study of practical cases related to reciprocal satisfaction, which goes beyond the contract of gift for the future. In addition, the motives for such actions and the real threats that may be faced by the gifted. The next, related to the problematic aspects of the contract of donation for the future, is the considered feature of the property of the alienated property. It also analyzes the possibility of donating a thing that the donor does not yet own. The scientific work argues the refusal to perform the contract on condition of loss of the thing, its withdrawal from circulation, as well as the refusal of the gifted person to accept the gift. At the same time, the rights of the donor and the gifted are considered, in case of death of one of them after the relevant term, term, adjournment, but until the actual transfer or acceptance of the gift, outlines the difference between the gift agreement and the will. The results of the article emphasize the need for further elaboration and more thorough study of the problematic issues of the donation agreement for the future, as well as the improvement of civil legislation in this area.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gemma Renart Vicens ◽  
Laura Vall-llosera Casanovas ◽  
Carme Saurina Canals ◽  
Laura Serra

PurposeEntrepreneurship requires the attitudes and capabilities needed to begin new and innovative projects able to create positive impacts in the economy of a society. Given that it forms the basis from which new companies, products and innovations emerge, it is a very relevant term in business. With the aim of strengthening these capabilities, many universities are incorporating new educational strategies into their curricula to boost entrepreneurial intention and business skills among their students. This study aims to determine the factors that intervene in the entrepreneurial spirit of students in Spanish universities by examining areas of study, different personal and contextual characteristics, and the type of training students receive in entrepreneurship.Design/methodology/approachData collected from 33,182 students in 77 Spanish universities in the 2018 edition of the Global University Entrepreneurial Spirit Students' Survey (GUESSS) is examined in an exhaustive univariate and bivariate descriptive and inferential analysis. Furthermore, the relationship between the entrepreneurial index and the different explicative variables is modelled, and a basic random effect for the area of study is introduced to detect differences at this level.FindingsEconomics, engineering and health sciences presented higher than average entrepreneurial indices. Regarding the type of training, only voluntary education in entrepreneurship influenced entrepreneurial spirit, albeit not equally in all areas of study.Originality/valueThis study’s results can help universities to incorporate new educational strategies into their curricula to boost entrepreneurial intention and business skills among students by focusing resources where they are most efficient.


Author(s):  
Andrea Biondi

The article focuses on the analysis of seven Lombard weapons datable between the end of 6th and the 7th century C.E. and present in the Archaeological Museum of Fiesole, in the north-eastern area of Tuscany in Italy. These objects, only partially published, and coming both from the Lombard necropolis of Area Garibaldi and from unknown contexts, have been compared with similar materials on national scale of the 6th-7th century C.E. and represent a relevant term of archaeological analysis for the transition between Late Antiquity Era and Lombard domination in Fiesole.


2021 ◽  
pp. 123-148
Author(s):  
Paul S. Davies

This chapter considers two principal questions: firstly, may a person who is not a party to a contract acquire rights under it? Secondly, can a contract impose duties on a person who is not a party to it? With some exceptions, the common law answered ‘No’ to both. A contract between A and B cannot be enforced by a third party, C, even if the contract is for the benefit of C. Nor can a contract between A and B impose burdens on C. Following the Contracts (Rights of Third Parties) Act 1999 there is now a statutory exception to the principle that C acquires no rights under a contract between A and B. Under this Act, a third party might be able to enforce a term of the contract if the contract expressly provides that they may, or if the relevant term purports to confer a benefit on them.


2021 ◽  
pp. 149-165
Author(s):  
Paul S. Davies
Keyword(s):  

This chapter discusses the terms of a contract. It first examines the distinction between a ‘term’ and a ‘representation’, before considering how those terms can be incorporated into a contract. It then discusses the nature of the contract being examined—even if the relevant term is not to be found in the ‘main’ contract, it may be found in a ‘collateral’, or ancillary, contract. Finally, the chapter addresses the ‘parol evidence rule’, which essentially states that where there is a written contract, extrinsic evidence cannot be used to establish other terms. This rule is riddled with exceptions and often dismissed, although it is suggested that it should not be entirely discarded.


2021 ◽  
Vol 9 (1) ◽  
pp. 35-44 ◽  
Author(s):  
Ainur Bayekeyeva ◽  
Saule Tazhibayeva ◽  
Zhainagul Beisenova ◽  
Aigul Shaheen ◽  
Aisaule Bayekeyeva

This article discusses the practical issues of compiling controlled multilingual thesauri for the purposes of industry-specific translation (IST). In the multilingual, transnational and globally connected Kazakhstan, IST is a much-needed translation service. IST is an interdisciplinary field between terminology, computational linguistics, translation theory and practice. Most of the professional guides, dictionaries and glossaries are systemized in alphabetical order and contain multiple variants for the terms searched. Therefore, there is an urgent need to create a systemized controlled multilingual thesaurus of industry-specific Kazakh, English and Russian terms in order to provide multilingual users with an interoperable and relevant term base. Controlled multilingual thesauri for industry-specific terms are the most effective tools for describing individual subject areas. They are designed to promote communication and interaction among professionals, translators and all Automated Information System users of specific fields irrespective of their location and health conditions. Unlike traditional dictionaries, controlled thesauri allow users to identify the meaning with the help of definitions and translations, relations of terms with other concepts, and broader and narrower terms. The purpose of this research is to unify and systematize industry-specific terms in Kazakh, to provide Russian and English equivalents, and to classify the terms into essential rubrics and subjects. Based on the Zthes data scheme to create a controlled multilingual thesaurus of industryspecific terms, the major rubrics have been formulated, and about 10,000 Kazakh mining and metal terms approved by the Terminological Committee of Kazakhstan have been structured.


2020 ◽  
pp. 147490412095892
Author(s):  
Miriam Madsen

Much contemporary scholarship claims that competition has become a key characteristic of educational governance, and that competition occurs in educational governance as a consequence of the comparative turn in education. This article problematizes the widespread application of the concept of competition as a relevant term across (seemingly) all governance contexts, and seeks to overcome this problem by theorizing competition as an entangled phenomenon that takes on a different ontology according to the specific situations in which it occurs. This theorization highlights three dimensions of competition that may affect its ontology: the field of contestants, the rules of the game, and the competition objective. The result is an analytical framework that makes the concept of competition sensitive to different governance contexts across Europe and the Western world, including those with strong remnants of universalistic welfare state models. The analytical framework allows for a distinction between market-based competition and competition as a governance instrument that mediates managerial decision-making in which the contestants fight to avoid top-down reform rather than fighting against their peers. The analytical framework implies that we cannot characterize all European education systems as governed through competition-based mechanisms without caution and further specification.


2020 ◽  
Vol 2020 (9) ◽  
Author(s):  
Hadi Godazgar ◽  
Mahdi Godazgar ◽  
Malcolm J. Perry

Abstract We provide a Hamiltonian derivation of recently discovered dual BMS charges. In order to do so, we work in the first order formalism and add to the usual Palatini action, the Holst term, which does not contribute to the equations of motion. We give a method for finding the leading order integrable dual charges à la Wald-Zoupas and construct the corresponding charge algebra. We argue that in the presence of fermions, the relevant term that leads to dual charges is the topological Nieh-Yan term.


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