bluuebunny/crossref_metadata_2025 huggingface dataset:
A Novel Spatio-Temporal Violence Classification Framework Based on Material Derivative and LSTM Neural Network
Authors: Lejmi Wafa , Khalifa Anouar Ben , Mahjoub Mohamed Ali
Published: December 2020

In the current era, the implementation of automated security video surveillance systems is particularly needy in terms of human violence recognition. Nevertheless, the latter encounters various interlinked difficulties which require efficient solutions as well as feasible methods that provide a relevant distinction between normal human actions and abnormal ones. In this paper, we present an overview of these issues and a literature review of the related works and current research on-going efforts on this field and suggests a novel prediction model for violence recognition, based on a preliminary spatio-temporal features extraction using the material derivative which describes the rate of change of a particle while in motion with respect to time. The classification algorithm is then carried out using a deep learning LSTM technique to classify generated features into eight specified violent and non-violent categories and a prediction value for each class of action is calculated. The whole model is trained on a public dataset and its classification capacity is evaluated on a confusion matrix which assembles all the predictions made by the system with their actual labels. The obtained results are promising and show that the proposed model can be potentially useful for detecting human violence.
Image Fusion of Noisy Images Based on Simultaneous Empirical Wavelet Transform
Authors: Rahmani Akram Isvand , Almasi Mohammad , Saleh Nastaran , Katouli Moosa
Published: December 2020

Fusion image is the method of extracting the relevant information from two or more identical input images into one scene and creating a new image. This method allows the new image to provide comprehensive information about the wand, leading to a visual understanding of the human being. Fusion image application in image processing is an important issue. Applications in many fields such as photography, microscopy, astronomy, medical imaging, satellite imagery, machine vision, biology are monitored. In this study first, an image fusion method, suggested recently based on transform empirical wavelet, was implemented in which coefficients were obtained by processing the input images. Then they were combined by applying the rules. The aim of this study is to investigate the noise effect and to remove the noise in the aforementioned suggested method. First, the noise was added to the images, and the images were decomposed into layers or coefficients. Second, by thresholding the coefficients, the noise was removed. Then the coefficients were combined based on the rules to obtain the final coefficients. In the end, the final coefficients were used to obtain the fused image. The results show that the noise removal of images during image fusion is much better and more effective than denoising before image fusion, and the demonstration of the method is proved by obtaining better results in comparison to some existing methods.
Design and Implementation of a Lossless Compression System for Hyperspectral Images
Authors: Fang Qizhi , Liu Yuxuan , Zhang Lili
Published: December 2020

Despite its popularity, the hyperspectral image compression algorithm recommended by the Consultative Committee for Space Data Systems (CCSDS) faces a long delay of the feedback loop and complex computations in the modes of band sequential (BSQ) and band interleaved by line (BIL). After analyzing the features of the CCSDS algorithm, this paper proposes a forward prediction method based on the xc7k325tffg9000 field programmable gate array (FPGA) chip (Xilinx Inc.), and adjusts the calculation flow of the CCSDS algorithm, aiming to shorten the time delay in the feedback loop. In addition, full-pipeline construction was implemented on FPGA board to realize real-time processing of data, and dynamic configuration of image parameters. Through functional simulation and off-board test, it is learned that, for the speed-insensitive path, the optimized algorithm can realize the complex operations of the original algorithm with less hardware resources; for hyperspectral image data with an effective input bit width of 12bit, the proposed method can reach a maximum operating frequency of 103MHz, and the data throughput of 103M samples per second (1.237Gbps).
Detection of Head Raising Rate of Students in Classroom Based on Head Posture Recognition
Authors: Guo Qiang
Published: December 2020

The proliferation of smart mobile terminals has weakened the attention and reduced the learning efficiency of students, making them more likely to lower their heads. To quantify the classroom participation, it is helpful to detect the head raising rate (HRR) of students in classroom. To this end, this paper puts forward a novel method to recognize the HRR of students in classroom. Based on the map of predicted facial features, an extraction method was developed for the salient facial features of students, and used to realize model matching between facial contour and facial organ. Next, the face orientation of each student was determined by soft label coding. After that, a multi-task convolutional neural network (CNN) was constructed to detect the HRR of students. The authors also explained the regularization of the loss function, and the steps of target detection. The proposed method was proved effective through experiments. The research results provide a reference for the application of head posture recognition in other fields.
Application of Empirical Wavelet Transform in Digital Image Watermarking
Authors: Keivani Mohammad , Sazdar Amir Mahdi , Mazloum Jalil , Rahmani Akram Esvand
Published: December 2020

Nowadays, rapid growth of the Internet and digital multimedia technologies make it possible to duplicate data without any loss of quality and at a very low cost. In this regard, manipulation of documents will easily be accomplished by applying digital art and without the copyright owner's permission. To deal with situation, more diverse security requirements are introduced every day. Watermarking is considered as one of the methods used for achieving this purpose. Watermarking is focused on inserting a subtle signal between the host media data somehow it does not change the original data, but they can be extracted if necessary. They are also used as a claim for ownership of the digital effect. Various methods have been presented for watermarking so far. These methods have been developed to overcome the weaknesses of previous methods. Empirical wavelet transform is taken into account as a new method for hiding and extracting military digital images with respect to alpha composition. As such, it is resistant to noise, low pass filter and compression. Analytical studies showed that this method is more efficient than other methods from quantitative and qualitative point of view.
Interaction network of proteins associated with unfavorable prognosis in acute myeloid leukemia
Authors: Rendon-Rodriguez Juan Jose , Restrepo-Rodriguez Luisa Fernanda , Rothlisberger Sarah
Published: December 2020

Acute myeloid leukemia (AML) is a malignant disorder of hematopoietic stem and progenitor cells, characterized by accumulation of immature blasts in the bone marrow and peripheral blood of affected patients. Standard induction therapy leads to complete remission in approximately 50% to 75% of patients. In spite of favorable primary response rates, only 20% to 30% of patients enjoy long-term disease free survival. Identifying proteins involved in prognosis is important for proposing biomarkers that can aid in the clinical management of the disease. The aim of this study was to construct a protein-protein interaction (PPI) network based on serum proteins associated with unfavorable prognosis of AML, and analyze the biological pathways underlying molecular complexes in the network. We identified 16 candidate serum proteins associated with unfavorable prognosis (in terms of poor response to treatment, poor overall survival, short complete remission, and relapse) in AML via a search in the literature: IL2RA, FTL, HSP90AA1, D2HGDH, PLAU, COL18A1, FGF19, SPP1, FGA, PF4, NME1, TNF, ANGPT2, B2M, CD274, LGALS3. The PPI network was constructed with Cytoscape using association networks from String and BioGRID, and Gene Ontology enrichment analysis using the ClueGo pluggin was performed. The central protein in the network was found to be PTPN11 which is involved in modulating the RAS-ERK, PI3K-AKT and JAK-STAT pathways, as well as in hematopoiesis, and in the regulation of apoptotic genes. Therefore, a dysregulation of this protein and/or of the proteins connected to it in the network leads to the defective activation of these signaling pathways and to a reduction in apoptosis. Together, this could cause an increase in the frequency of leukemic cells and a resistance to apoptosis in response to treatment.
MiR-149 attenuates the proliferation and migration of TGF-β1-induced airway smooth muscle cells by targeting TRPM7 and affecting downstream MAPK signal pathway
Authors: Zhu Zhengyu , Zhang Liya , Jiang Ting , Qian Yan , Sun Yun , Zhang Qian
Published: December 2020

Asthma is considered as a general term for various chronic inflammatory diseases of the respiratory tract. Growing evidences have supported that microRNAs were involved in mediating cell proliferation, migration, and other cellular functions. MiR-149 has been found to take part in the development of various cancers. However, whether miR-149 participated in the proliferation and migration of transforming growth factor beta 1 (TGF-β1)-induced airway smooth muscle cells was still unknown. In this study, the expression level of miR-149 in human airway smooth muscle cells (ASMCs) was decreased after TGF-β1 treatment in vitro. Additionally, the over-expression of miR-149 obviously suppressed proliferation and migration in human ASMCs. Besides, we found that overexpression of miR-149 could inhibit the expression of transient receptor potential melastatin 7 (TRPM7) both in protein and gene levels. Furthermore, we demonstrated that miR-149 could inhibit the cell proliferation and migration in human ASMCs by targeting TRPM7 through modulating mitogen-activated protein kinases (MAPKs) signaling pathway. Taken together, we strongly supported that miR-149 might be a key inhibitor of asthma by targeting TRMP7. Therefore, our finding suggests a promising biomarker for the development of further targeted therapies for asthma.
The Venice Commission and the Amendments to the 2020 Constitution of the Russian Federation: Opinion on the Draft of Amendments to the Constitution (Signed by the President of the Russian Federation on March 14, 2020) Concerning Enforcement of Judgments of the European Court of Human Rights in the Russian Federation
Authors:   Associate Professor of the Department of Constitutional and Municipal Law of the Law Faculty of the Lomonosov Moscow State University (MSU) PhD (Law), Starostina Inga A. , Shustrov Dmitriy G. ,   Associate Professor of the Department of Constitutional and Municipal Law of the Law Faculty of the Lomonosov Moscow State University (MSU) PhD (Law)
Published: December 2020

The article reviews the Opinion of the Venice Commission on the Amendments to the 2020 Constitution of the Russian Federation concerning enforcement of judgments of the European Court of Human Rights in the Russian Federation, that constitute a contradiction to the obligations of Russia under the Convention, and a worry that the corresponding power of the Constitutional Court of the Russian Federation will be fixed in the Constitution.
Chance as a Means of Resistance to the Constitutional Development of the People
Authors:   Saint Petersburg Institute (Branch) of the All-Russian State University of Justice (ARSUJ (RLA of the Ministry of Justice of Russia)) PhD (Law), Associate Professor, Makushin Aleksandr A.
Published: December 2020

The article deals with the definition of the chance as a measure of the strength of resistance to the free development of the people. On the example of the Russian people the author shows how a successive chain of chances can lead to the critical change of the properties of social matter and, as a result, the destruction of the natural basics of the development. One of the forms of the self-organization of the development of the people is the social order. The question of what kind of social order is natural for the people is the most difficult. In the mid-80s of the last century the Russian people began to modernize the socialism they had built. However, at some point in this process of “perestroika” the chance began to dominate. As a result, the process of improving socialism was replaced by the process of building democracy, which, as time shows, for the development of the Russian people is of more random than natural character. In conclusion it is concluded that the chance in the process of the development of the people occurs when the people start to neglect the laws of order.
Tendencies of the Legal Regulation of the Interaction between the President of the Russian Federation and the Government of the Russian Federation
Authors:   Head of the Department of Legal Support of State and Municipal Service of the Institute of Public Administration and Civil Service (IPACS) of the Russian Presidential Academy of National Economy and Public Administration (RANEPA) LL.D., Professor, Kireeva Elena Yu. , Nudnenko Lidia A. ,   Professor of the Institute of Public Administration and Civil Service (IPACS) of the Russian Presidential Academy of National Economy and Public Administration (RANEPA) Honored Worker of Higher Professional Education of the Russian Federation LL.D., Tkhabisimova Lyudmila A. ,   Deputy Director for Research of the Law Institute of the Pyatigorsk State University Honored Worker of Education of the Russian Federation LL.D., Professor
Published: December 2020

The article analyzes the amendments to the Constitution of the Russian Federation “Оn improving the regulation of certain issues of the organization of public power”. It is argued that the imposition of restrictions to replace the state and municipal posts, posts of state and municipal services associated with the presence of foreign citizenship or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state will not provide the “nationalization of the elites” because such a limitation is not provided for family members of the listed officials. Without this, the amendment is meaningless. The article doubts the feasibility of transferring the function of determining the main directions of domestic and foreign policy to the State Council, which by its status and composition belongs to the Executive bodies of state power. A priori, Executive power is secondary to representative power. Therefore, the Federal Assembly of the Russian Federation, in cooperation with the President of the Russian Federation, should have priority in shaping the main directions of domestic and foreign policy.
Some Aspects of the Statutory Regulation of the Prosecutor’s Involvement in Exercising of the Constitutional Right to Judicial Protection in a Civil Procedure
Authors:   Postgraduate Student of the Department of Constitutional Law of the Ural State Law University, Pozharskaya Tatyana R.
Published: December 2020

An analysis of the amendments made to the Constitution of the Russian Federation in 2020 made it possible to conclude that the provisions concerning the judicial protection of fundamental human and civil rights and freedoms are stable. The role and content of the legal regulation of the participation of the prosecutor in the implementation on behalf of certain participants in civil proceedings of this right emphasizes the specifics of his procedural position. At the same time, the existence in the legal doctrine and in law enforcement practice of various positions that determine the legal status of the prosecutor in the exercise of the constitutional right to judicial protection, and the lack of a unified approach to resolving this issue give rise to constant interest in this problem. In this study, through the prism of analyzing the content of the procedural rights and duties of the prosecutor, the grounds for the implementation by the prosecutor of constitutional guarantees for protecting the interests of society and the state protected by law, the determinism of his legal status in civil proceedings is substantiated.
Admissibility of Covert Recording Made by Individuals in Procedural Law of the Republic of Armenia
Authors:   Head of the Department of Theory of Law and Constitutional Law of the Russian-Armenian University LL.D., Professor, Gambaryan Artur S. , Beglaryan Kristine S. ,   Lecturer of the Department of Theory of Law and Constitutional Law of the Russian-Armenian University
Published: December 2020

In the fight against crime, there are a number of covert activities, including the use of secret recording methods, traditionally related to the operational-investigative bodies, which were authorized to conduct secret activities by applying appropriate guarantees. At the same time, the authors note that if material evidence is deemed inadmissible on the grounds that its acquirer is unknown, then, based on this logic, such material objects should be declared inadmissible even in those cases when they were obtained as a result of search of the person or the area.
Relevant Issues of the Improvement of Judicial Consideration of Cases Involving Minors as a Guarantee of Further Just and Humane Support of the Protection of Human and Civil Rights and Freedoms
Authors:   Professor of the Department of Criminal Law and Procedure of the Law Institute of the Bashkir State University Honored Judge of the Supreme Court of the Republic of Bashkortostan Class 3 State Counsellor of Justice Honored Lawyer of the Republic of Bashkortostan LL.D., Professor, Khismatullin Rashit S.
Published: December 2020

In a research article, the author examines topical problems of improving the judicial review of cases against minors as a guarantee of further fair and humane protection of human and civil rights and freedoms. As you know, in accordance with the Constitution of the Russian Federation ‘Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state’. The Constitution of the Russian Federation established, proclaimed and emphasized — ‘Children are the most important priority of the state policy of Russia. The state creates conditions conducive to the all-round spiritual, moral, intellectual and physical development of children, fostering patriotism, citizenship and respect for elders in them. The state ensures the priority of family education’. Clear, full and unswerving observance by the court of the provisions of the Constitution of the Russian Federation, as well as the implementation by the court of the norms of the Criminal Procedure Code of Russia, which regulate the trial in criminal cases on charges of committing crimes by minors, determine the further fair and humane provision of the protection of human and civil rights and freedoms, especially — minors, legal, reasonable, fair and moral judicial consideration of criminal cases against minors. Proposals are being made on amendments and additions to the Criminal Procedure Code of the Russian Federation to modernize the judicial review of criminal cases against minors.
The Reduction of the Special Procedure for Judicial Examination: A March-Off Point or the End of the Route?
Authors:   Senior Lecturer of the Department of Criminal Procedure and Criminalistics of the Saint Petersburg State University PhD (Law), Associate Professor, Novikov Sergey A.
Published: December 2020

The article is devoted to actual problems of the institution of special procedure of a court trial in case of agreement of the accused person with the accusation. Appreciating the amendments made in July 2020 to the Chapter 40 of the Code of Criminal Procedure dramatically reducing this institution, the author justifies a necessity of the further reforming and suggests particular steps for improvement of the legislation. Such steps include further reduction of the special procedure, new rules of the cases consideration relating to the persons concluded pre-trial cooperation agreements, and also establishment of particular research mechanism of the evidences by the court.
Problems of Legal Certainty and Judicial Discretion when Applying Legal Provisions on Abuse of Right
Authors:   Postgraduate Student of the Department of Civil and Business Law of the Novosibirsk State University of Economics and Management Retired Magistrate Judge, Usoltsev Egor Y.
Published: December 2020

This article is devoted simultaneously to several problems of civil law: abuse of right, judicial discretion, legal strength and certainty, each of them deserves separate research attention. At the same time, the author considers them together, since the concept of abuse of right is evaluative, and, as it is known, such concepts always pose a danger to legal certainty, since they do not contain all the features of the phenomena described by them, so their application is possible only within the framework of broad judicial discretion. And here one of the most difficult questions of jurisprudence appears: what are the limits of such discretion, the decision of which largely depends on the correctness of the courts’ qualification of the subject’s actions as malicious law enforcement. At first glance, it turns out to be a vicious circle! However, the author comes to an unexpected conclusion that the activity of the Supreme court of the Russian Federation, whose decisions often play the role of judicial precedents, regulates the process of applying the rules on abuse of right and thereby provides legal certainty.
The Establishment of the Phenomenon of Constitutional Cassation in the National Constitutional Judicial Procedure
Authors:   Lecturer of the Southern University (IMBL), Taraban Nikolay A.
Published: December 2020

The article explores the phenomenon of ‘constitutional cassation’ in the transformation of domestic constitutional proceedings. By ‘constitutional cassation’ is meant the assessment by the Constitutional Court of the Russian Federation of the correct interpretation of laws and other legal acts in their constitutional sense in resolving specific cases, without recognizing the laws themselves as unconstitutional. The author notes that the Constitutional Court of the Russian Federation, pursuing constitutionally significant goals to protect the supremacy of the Constitution of the Russian Federation, to ensure justice of individual rights and freedoms, is increasingly forced to resort to ‘constitutional cassation’. The constitutional cassation is considered by the author as a compromise of the positions of the federal legislator and the author of the constitutional appeal.
Moral Origins — Reasonable Doubts
Authors:   LL.D., Associate Professor, Selina Elena V.
Published: December 2020

Once again, it is time to talk about moral principles. This concept is clearly established in the law. But its content-content remains in the circle of discrepancies. The countdown of its history is usually considered when referring to the essay by A.F. Kony ‘Moral principles in criminal proceedings (General features of judicial ethics)’. This article is based on the author’s previous research, which showed that the idea of moral principles as a corresponding category was suggested by A.F. Kony and F.M. Dostoevsky. The article is devoted to the further goal-to extract the missing (according to the essay by A.F. Kony) information about moral principles from the artistic and publicistic works of F.M. Dostoevsky. The works of F.M. Dostoevsky are considered from the point of view of searching for the mechanism of the criminal justice system taking into account the moral principles. A.F. Kony’s essay on moral principles is filled with the history of the criminal process, and only a small part of it has become considered as a mission statement and widely.
The Legal Doctrine in the Activities of the Constitutional Court of the Russian Federation
Authors:   Associate Professor of the Department of Civil and Legal Disciplines of the Rostov Law Institute of the Ministry of Internal Affairs of the Russian Federation PhD (Law), Associate Professor, Nebratenko Olga O.
Published: December 2020

The article is devoted to the study of legal doctrines in the activities of the national body of constitutional justice. In legal science, judicial practice, and state-legal reality, the term “doctrine” in various combinations has become one of the most widely used and ambiguous. At present, the attitude to the legal doctrine is changing, which in a short time has gone from an unused regulator of legal relations in the Russian legal system to an optional one, giving way only to the dominant source (form) of law — a normative legal act. References to doctrines in the final acts of the constitutional Court of the Russian Federation, as well as their direct formulation and use, are a special subject of research activity, which determines the practical significance of the proposed article.
On the Legal Position of the Constitutional Court of the Russian Federation on Criteria of “Professional” Legal Assistance in Litigation
Authors:   Postgraduate Student of the Department of Theory of Law and State and Legal Disciplines of the International Law Institute, Dolidze Timur Yu.
Published: December 2020

The article is devoted to a critical analysis of the legal position of the Constitutional Court of the Russian Federation, taken by him in the case of verifying the constitutionality of part four of Article 47 of the RSFSR Code of Criminal Procedure in connection with complaints by citizens B.V. Antipov, R.L. Gitis and S.V. Abramov (issued in 1997) in relation to the situation in modern Russia and the current procedural law. Using this methodology allows us to formulate a number of generalizations and conclusions, actualizing the discussion of 1997 today. Monopolization by the advocacy of the legal services market for the protection of criminal suspects and defendants has developed in Soviet Russia and, ultimately, has become established in modern society. This happened contrary to the intentions of the developers of the 1993 Constitution of the Russian Federation at the behest of the legislator, and the Constitutional Court of the Russian Federation did not dare to block this will with reference to the Constitution of the Russian Federation. One of the reasons for this state of the legal system is the uncertainty of the wording of Art. 48 of the Constitution of the Russian Federation, which in fact provided the legislator with excessively wide discretion.
Law-Making of Municipal Self-Governing Authorities in the Russian Province in the Second Half of the XIX Century on the Example of City Dumas of the Novgorod Governorate
Authors:   Postgraduate Student of the Department of Theory of State and Law of the Yaroslav-the-Wise Novgorod State University, Stepanova Yulia P.
Published: December 2020

The article analyzes the lawmaking activities of the city councils of the Novgorod province in the second half of the 19th century. An assessment of the level of lawmaking work is given, the features of the legal nature of acts issued by local self-government bodies are characterized. Examples of organization of legal procedures are given, the role of provincial government bodies in the organization and implementation of law-making practice of local self-government bodies is revealed.
Tsintsadze Nina S. Associate Professor of the Department of Theory and History of State and Law of the Derzhavin Tambov State University PhD (History), Associate Professor
Authors:   Associate Professor of the Department of Theory and History of State and Law of the Derzhavin Tambov State University PhD (History), Associate Professor, Tsintsadze Nina S.
Published: December 2020

In the article the content of the draft reform of the arbitration court, prepared on behalf of Emperor Alexander I G.R. Derzhavin is analyzed in detail. As sources, both published and archival materials were used. The attitude of contemporaries and descendants to this project was ambiguous. Lawyers controversially evaluated the project of the Minister of Justice and the Attorney General of the Senate. Many of them drew attention to the complexity of the proposed methods of arbitration of legal disputes. It is noted that for the beginning of the XIX century this project of reorganization of the arbitration court was rather bold, as it allowed publicity, wordlessness, openness of legal proceedings. In many ways Derzhavin’s proposals were ahead of time. The conclusion is drawn about the relevance of the project in the context of modern court reform and the expansion of the practice of alternative dispute resolution methods.
Law and Legal Tradition as Sources of Water Law in Russia in the Second Half of the XIX Century
Authors:   Senior Lecturer of the Department of History of State and Law of the Saratov State Law Academy PhD (Law), Broyaka Yulia V. , Lyadascheva-Ilicheva Marina N. ,   Professor of the Department of History of State and Law of the Saratov State Law Academy PhD (Law), Associate Professor
Published: December 2020

The article is devoted to studying sources of water law in Russia in the second half of the XIX century. The authors’ attention is focused on the correlation between law and customary law as sources of water legislation. It is emphasized that the topic under consideration is weakly studied in pre-revolutionary legal literature and modern historical and legal literature. The paper presents Russian legal scholars of the second half of the XIX century on the discussion topic of determining the place and role of custom in legal reality. The analysis of the sources of water law allows the authors to conclude that the main formal legal source of water law in Russia in the second half of the XIX century was the law, while customary law, as a regulator of water relations, prevailed in the peasant community.
The Influence of Technological Revolutions on the Evolution of the Ruling Machine Concept: The XIX Century
Authors:   Professor of the Department of Theory of State and Law of the Kutafin Moscow State Law University (MSAL) LL.D., Associate Professor, Lipen Sergey V.
Published: December 2020

The idea of four industrial revolutions, popular in modern humanitarian knowledge, may well be given in political and legal treatment. At the same time, there are patterns between economic and social changes and evolution in the justification of political and legal institutions that formalize power relations within the concept of “machine of power”. Each of the industrial revolutions creates the technical capabilities and prerequisites for an increasingly diverse interpretations of power relations. It is necessary to bear in mind the risks, dangers to society and the individual, possible adverse consequences in the creation of more effective mechanisms for the exercise of political power. In accordance with the indicated chronological framework, changes in the understanding of statehood and power relations in connection with the first technological revolution are analyzed. The impact of the second, third and fourth technological revolutions on the evolution of the “power machine” concept will be discussed in the next article.
Issues of the Legitimate Procedure Establishment in Ideas by T. Parson and the Modern Issues of State and Law Legitimation
Authors:   Leading Research Scientist of the Institute of State and Law of the Russian Academy of Sciences (ISL RAS) PhD (Law), Pligin Vladimir N.
Published: December 2020

The purpose of this article is a philosophical and legal analysis of the concept of T. Parsons in the context of modern problems of the legitimation of the state and rights, since legitimization requires the existence of a social system of symbols, which allows substantiating the identity and solidarity of society, as well as the beliefs and rituals in which the symbolic system is embodied. The question of building a legitimate state and law remains the central condition for maintaining the stability of society and making its development predictable, which in turn in the modern world is possible only when taking into account and reproducing the common system of values on which they are based.
History of Ossetia: Lawyer View
Authors:   Lawyer, Professor of the Department of Humanitarian, Social and Economic Sciences of the North-Ossetia State Medical Academy of the Ministry of Healthcare of the Russian Federation Doctor of Pedagogy Professor of the Department of Theory and History of State and Law, Chedzhemov Sergey R. , Dzidzoev Ruslan M. ,   Professor of the Department of Constitutional and Municipal Law of the Kuban State University LL.D., Professor for the Department of Constitutional and Municipal Law
Published: December 2020

The article analyzes the monograph of Professor A.M. Tsaliyev “State and Law of Ossetia: A Comparative-Historical Study” published as part of the project of Professor D. J. Shhapsugov on the creation of historical essays on the development of the institutions of the state and rights of the peoples of the North Caucasus who joined Russia in the 13th century. The authors note that the study is based on the relevance and importance of regional components of the unified history of the state and the law of a multi-ethnic Russian state, which throughout its existence was not a “prison of peoples” as it is it has been considered in the recent past, I have shown the world a model of the peaceful existence of many peoples who have practiced various religious teachings. The Russian administration acted as a guarantor of peace and carried out a great creative work to raise the level of the legal culture of the country’s population.
The Legal Formalization of the Eugenics and the Modern Legal Trends in the Light of Newest Biotechnologies
Authors:   Associate Professor of the Department of European Law of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University) PhD (Law), Torkunova Ekaterina A. , Scherbakova Alena I. ,   Degree-Seeking Student of the Department of European Law of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University)
Published: December 2020

The article examines the historical retrospective of the legal confirmation of eugenic practices in a number of states: Germany, Denmark, Iceland, Canada, Norway, Singapore, the USSR and the Russian Federation, the USA, Finland and Sweden. Attention is drawn to the implementation of eugenic practices through migration and marriage legislation. The spread of theories of genetics in a number of states is reflected. The article provides examples of modern biomedical technologies that can be considered within the framework of eugenic practices and require appropriate legal regulation.
Deliberative, Republican, and Egalitarian Institutional Alternatives for Popular Constitutionalism
Authors: Bello Hutt Donald
Published: December 2020

Este artículo examina y propone alternativas institucionales para el constitucionalismo popular. La propuesta es una combinación progresiva de instituciones que buscan dotar a la ciudadanía con el poder final para determinar qué significa una constitución, contribuyendo a asegurar su libertad republicana, implementando mecanismos de deliberación, al tiempo que es respetuoso de una forma particular de comprender la igualdad política. El artículo comienza con una descripción del constitucionalismo popular y de los principios que considero que deberían fundamentar la teoría. Luego, procede a examinar críticamente diversas propuestas institucionales presentes en la literatura. Después de mostrar las áreas en las que dichas propuestas se quedan cortas en el esfuerzo de encarnar los principios aquí defendidos, el artículo aboga por la implementación de cuatro mecanismos que, según sostendré, sí se acercan más a dichos objetivos.
GİNE KÖRFEZİ’NDEKİ DENİZ HAYDUTLUĞU FAALİYETLERİNİN TÜRK DONATANLARI AÇISINDAN İNCELENMESİ
Authors: ORAL Ferhan , ŞAKAR Cenk
Published: December 2020

Bu çalışmanın temel amacı; Gine Körfezi’nde son zamanlarda yükselişe geçen deniz haydutluğu faaliyetlerini Türk Donatanları açısından incelemektir. Bu amaca yönelik olarak, gemileri bölgede saldırıya maruz kalma ihtimali bulunan (veya geçmişte saldırıya uğramış) donatanlardan belirlenenlerin konuyla ilgili algılarını öğrenmek ikinci amaçtır. Son olarak, alınan derslerden de istifade ile değişik bakış açılarını ortaya koyarak alınması veya gözden geçirilmesi gereken tedbirlere yönelik farkındalık oluşturmak ise üçüncü amaçtır. Bu kapsamda, halen veya geçmişte Gine Körfezi’ne sefer yapan gemisi bulunan denizcilik şirketlerinden belirlenen yedi adedinin ‘Şirket Güvenlik Zabitleri’ ile yarı yapılandırılmış mülakatlar yapılmıştır. Çalışmanın bulguları itibariyle; bölge ülkelerinde Silahlı Özel Gemi Güvenlik Personelinden büyük oranda faydalanılmakta, deniz haydutlarını caydırmak için ölümcül olmayan (pasif) tedbirler etkinlikle kullanılmakta, bölgeye gönderilen gemiler için çoğunlukla ‘Kaçırılma ve Fidye’ sigortası yapılmakta, bölgede artan deniz haydutluğu faaliyetleri, donatanların Gine Körfezi bölgesine sefer yapma konusundaki düşüncelerini olumsuz yönde etkilemekte ve son olarak daha önce gemilerde saldırıya maruz kalan personel, halen gemilerde çalışmaya devam etmekle birlikte, saldırılardan olumsuz etkilenmektedir. Konuyla ilgili gelecekte yapılacak araştırmalarda; güvenlik, ekonomi ve personel olarak üç başlık altında ele alınan konularının ayrı ayrı olarak incelenmesinin ve anket gibi diğer araştırma teknikleriyle, bögede saldırı/saldırı teşebbüsüne maruz kalan Türk ve yabancı şirketlere ait gemi kaptanlarının görüşleri ve siber güvenlik gibi konunun değişik boyutlarının deniz haydutluğuna etkilerinin de ele alındığı daha kapsamlı araştırmalar yapılmasının uygun olacağı değerlendirilmektedir.
EFFECTS OF NOZZLE OPENING PRESSURE AND FUEL INJECTION TIMING ON ENGINE PERFORMANCE AND EXHAUST EMISSIONS OF A DIESEL ENGINE FUELLED WITH MARINE FUELS
Authors: GÜLMEZ Yiğit , NURAN Mustafa
Published: December 2020

The study aims to investigate the effects of operational parameters such as nozzle opening pressure and fuel injection timing on exhaust emissions of a single cylinder diesel engine fuelled with distilled marine fuels. Tests were performed on a single cylinder, 13 kW, natural aspirated, direct injection and air cooled diesel engine at 1600 RPM constant engine speed. The tests were conducted for three different nozzle opening pressures (20, 22 and 24 MPa) and 3 different nozzle opening pressures (25° bTDC, 20° bTDC and 15° bTDC). The experiments were repeated at least three times to increase the reliability of the results. The results of the study show that increasing nozzle opening pressure increases the BTE and NOx emissions whereas decreases CO emissions, specific fuel consumption and exhaust gas temperature. Advancing fuel injection timing reduces the CO emissions but increases NOx emissions. The paper provides detailed test results, explanations and discussion.
Zmiana Konstytucji Rzeczypospolitej Polskiej „w czasach zarazy”
Authors: Haczkowska Monika
Published: December 2020

Do Sejmu został wniesiony poselski projekt ustawy o zmianie Konstytucji RP zakładający wydłużenie kadencji prezydenta RP do siedmiu lat oraz odejście od zasady reelekcji (druk sejmowy nr 337). Zasadnicze wątpliwości budziło to, że projekt dotyczył trwającej kadencji i pozbawiał urzędującego prezydenta możliwości ubiegania się o ponowny wybór w przyszłości. Ponadto projekt został wniesiony pod obrady Sejmu w trakcie trwania stanu epidemii. Pojawiły się zatem pytania, czy w czasie trwającego stanu epidemii dopuszczalne jest procedowanie nad zmianą Konstytucji oraz czy można wprowadzać zmiany co do długości kadencji prezydenta w trakcie trwającego procesu wyborczego oraz w stosunku do trwającej kadencji głowy państwa. Każda zmiana Konstytucji RP powinna być poprzedzona pogłębioną analizą prawną, związaną z dokonaną ujemną oceną sposobu funkcjonowania przepisów konstytucyjnych, debatą publiczną, szerokimi konsultacjami eksperckimi i uzasadniona z punktu widzenia systemu prawa. Taka analiza nie została dokonana. Ponadto zmiana ustawy zasadniczej jest niedopuszczalna w trakcie trwania stanu nadzwyczajnego.
O istocie zawodu radcy prawnego
Authors: Stankiewicz Rafał
Published: December 2020

Przedmiotem artykułu są rozważania poświęcone szczególnym cechom, jakie powinien mieć profesjonalny pełnomocnik prawny. Istnienie zawodu radcy prawnego jako zawodu zaufania publicznego oraz ukształtowane w toku jego wykonywania ideały i obowiązki etyczne są jedną z gwarancji realizowania zawartej w Konstytucji RP zasady demokratycznego państwa prawnego. Radcy prawni współuczestniczą w procesie rozstrzygania o realizacji interesu publicznego oraz zabezpieczeniu praw podmiotowych obywateli, przedsiębiorców i innych jednostek organizacyjnych. Istotą funkcjonowania tych samorządów staje się więc działanie na rzecz dobra wspólnego w zakresie, w jakim może ona wspierać, a przede wszystkim uzupełniać wykonywanie zadań przez organy władzy publicznej. Każdego radcę prawnego powinna cechować niezależność. Wyznacznikami niezależności staje się profesjonalizm, godność wykonywania zawodu, nieskazitelność charakteru oraz odwaga w wykonywaniu czynności zawodowych.
Kilka uwag o obowiązku lojalności radcy prawnego
Authors: Wieczorek Mariusz
Published: December 2020

Lojalność, rozumiana jako uczciwe i rzetelne zachowanie w stosunkach międzyludzkich, ma szczególne znaczenie w przypadku osób wykonujących zawody zaufania publicznego. Jednym z takich zawodów, o których w art. 17 ust. 1 stanowi Konstytucja RP, jest zawód radcy prawnego. W artykule, na podstawie wniosków z analizy przepisów ustawy o radcach prawnych i postanowień Kodeksu Etyki Radców Prawnych, wykazano, że obowiązek lojalności radcy prawnego nie ogranicza się do relacji z klientem. O tej powinności radcy prawnego można mówić już na etapie poprzedzającym nawiązanie stosunku prawnego, w ramach którego świadczy on pomoc prawną na rzecz klienta. W związku z tym zaprezentowano pogląd, że w szczególnych przypadkach przejawem lojalności radcy prawnego może być odmowa udzielenia pomocy. W takim przypadku radca prawny powinien wskazać innego radcę, który będzie w stanie zapewnić pomoc prawną w danej sprawie. Obowiązek lojalności radcy prawnego istnieje też w relacjach między radcami prawnymi. W artykule zajęto stanowisko mówiące, że wzajemna lojalność radców prawnych jest warunkiem niezbędnym do wykonywania zawodu radcy prawnego jako zawodu zaufania publicznego w konstytucyjnym znaczeniu tego pojęcia.
South Korean Hurry-Hurry (빨리 빨리) COVID-19 Strategy: Privacy Concern, No-Lockdown, and Discriminations
Authors: Pratamasari Annisa
Published: December 2020

South Korea has been hailed as one of the most successful countries in containing the spread of the novel coronavirus, COVID-19, within a relatively short period. Some argued that East Asian countries’ success could be attributed to Confucianist culture, to which I disagree. In this paper, I shall describe in details how Korean government managed to curb the Covid-19 spread with the combination of epidemiological investigation, advanced technology, and haste (빨리 빨리) culture, leading to a hurry-hurry strategy unique to South Korea. I would also outline some social impacts on LGBT-Q communities and the exclusion of foreign residents in South Korean pandemic efforts.Keywords: South Korea, COVID-19, hurry-hurry strategy.Korea Selatan dipuja sebagai salah satu negara tersukses dalam membendung penyebaran coronavirus, COVID-19, dalam waktu yang terbilang singkat. Beberapa tulisan berargumen bahwa kesuksesan negara-negara Asia Timur merupakan berkat nilai-nilai Konfusius mereka, yang tidak penulis setujui. Di artikel ini, penulis akan mendeskripsikan secara detail bagaimana pemerintah Korea mampu membendung penyebaran COVID-19 melalui kombinasi investigasi epidemiologis, teknologi mutakhir, dan budaya buru-buru (빨리 빨리) mereka, yang berkontribusi terhadap ‘hurry-hurry strategy’ unik milik Korea Selatan. Selain itu, penulis juga akan menjabarkan dampak sosial bagi komunitas LGBT-Q dan ekslusi penduduk asing dalam kebijakan penanggulangan pandemik di Korea Selatan.Kata-kata kunci: Korea Selatan, COVID-19, hurry-hurry strategy.
Australia Government Response to COVID-19: Coordination and the Effectivity of Policy
Authors: Mayangsari Fauziah Rohmatika
Published: December 2020

Abstrak Artikel ini mendeskripsikan respon pemerintah Australia terhadap pandemi COVID-19. ini Respon kebijakan pemerintah yang menjadi fokus adalah pengelolaan risiko di tiga sektor utama: kesehatan masyarakat, sistem kesehatan nasional, dan keberlangsungan perekonomian negara. Artikel ini kemudian menjelaskan bagaimana Australia dianggap sebagai salah satu contoh negara yang sukses dalam menangani pandemi COVID-19. Kebijakan untuk menutup perbatasan sejak dini dan penyusunan kebijakan terkoordinasi yang berdasar saran para ahli merupakan beberapa kunci kesuksesan Australia. Selain itu, kepatuhan masyarakat turut mendukung keberhasilan implementasi dari kebijakan pemerintahan. Namun, kepatuhan penduduk Australia merupakan hasil dari rasa percaya terhadap kemampuan pemerintah untuk menangani krisis. Berbagai faktor tersebut membuat Australia berhasil melandaikan kurva COVID-19 dalam waktu kurang dari enam bulan. Walaupun masih cukup dini untuk mengidentifikasi pelajaran yang bisa diambil dari Australia, namun dapat dikatakan bahwa di tengah pandemi dan krisis, pemerintah harus bekerja bersama dengan masyarakat agar kebijakan yang telah disusun dapat diimplementasikan dengan baik.   Kata-kata kunci: COVID-19; respon pandemi; Australia This article describes the Australian Government’s responses to the COVID-19 pandemic. The focus is on the policy responses to mitigate the risk in three main sectors: people’s health, national health system, and economic livelihoods. It discusses how Australia’s response to the COVID-19 pandemic is among the few successful cases in the world. Australia’s early border closure and coordinated policy measures with the experts are among the key behind Australia’s success. Besides, Australian public compliance further supports the implementation of government policy. Such compliance is the result of people’s trust in the Government’s capability to tackle the crisis. As a consequence, Australia has succeeded in flattening the curve within less than six months. Although it is relatively early to identify the lessons learned from Australia, it is safe to say that during pandemic and crisis, in order to make the policy works, the Government needs to work together with the public. Keywords: COVID-19; pandemic response; Australia