bluuebunny/crossref_metadata_2025 huggingface dataset:
The analysis of the clinical case in the stepped treatment of multiple choledocholithiasis and locally advanced kidney cancer
Authors: Novruzbekov N. S. , Nagaev R. M. , Yangirov I. V. , Starkov G. A. , Gasanbekov G. A. , Frantsev D. Y. , Laskevich A. V. , Aranovich E. V. , Abdullaeva A. U.
Published: October 2021

This article is devoted to the analysis of the clinical case which includes the clinical manifestations and treatment of multiple choledocholithiasis and locally advanced kidney cancer. A staged surgery was performed. Retrograde papillosphincterotomy with cholechocholitholite extraction was done at the first stage. The second stage includes laparotomy, removal of the tumor of the right kidney / adrenal gland as a single block, cholecystectomy after preliminary angiography and embolization of the vessels feeding the tumor. The presented successful observation demonstrates one of the modern approaches in the treatment of patients with comorbid pathology.
Analysis of frequency ranges of heart rate variability and estimation errors of respiratory sinus arrhythmia in aging
Authors: Bahilin V. M.
Published: October 2021

The clinical significance of heart rate variability (HRV) was assessed at the end of the last century, despite the fact that HRV studies have been conducted since the mid-19th century. In recent years, HRV has been increasingly used for non-invasive monitoring of the autonomic nervous system. However, the interpretation of HRV features is still not fully understood and widely discussed. It is known that HRV fluctuations are created by various regulatory systems of the body, which have different natural frequencies. The estimated HRV parameters are SDNN and RMSSD indicators – standard deviations of a number of RR-intervals and a number of first differences of RR-intervals, respectively. The purpose of the article was to calculate the power decrease with aging in different frequency ranges, analyze the errors of spectral estimates, and compare the spectral estimates of RSA with the values of RMSSD indicators. Simultaneous ECG and respiration records from the Fantasia Physio Bank database were used as initial data. For reference estimates, the powers in the range of respiration rate found from the records of respiration measurements are taken. It is shown that with age the power of the HF range decreases most rapidly, and the VLF range decreases most slowly. HF oscillation amplitudes are compared with RMSSD values. It is proposed to consider the RMSSD indicator as an assessment of the speed parameter of the regulatory system. Spectral methods are used to estimate the power of individual frequency ranges. For non-invasive monitoring of the autonomic nervous system, spectral estimates of the power of the LF and HF ranges are used. With aging, stress, and various diseases, the activity of regulatory systems decreases, but it remains unclear in which regulatory systems and to what extent violations occur.
Clinical features of patients with COVID19, hospitalized in a multi-somatic hospital
Authors: Markelovа O. A. , Vezikovа N. N. , Kondrichina S. N. , Barysheva O. Y.
Published: October 2021

The prevalence of COVID-19 infection and the mortality associated with the disease are steadily progressing [1, 2]. The difficulties in diagnosing and treating COVID-19 in the context of a constant increase in the number of cases cause an urgent need to study and describe this infection, which is important for the medical and scientific community around the world. We performed an observational study of patients with COVID 19 infection, which developed during hospital treatment of another acute or exacerbation of chronic somatic pathology. We analyzed the clinical symptoms, the severity of the course of the new coronavirus infection and viral pneumonia.
Analysis of Room Ventilation, Clean and Healthy Living Behavior with Upper Respiratory Tract Infection Incidence
Authors: Adriansyah Agus Aan , Istifaiyah Amanatul , Handayani Dwi
Published: October 2021

Background: Upper Respiratory Tract Infection (URI) is often experienced by Islamic boarding school students, who experience 30% of total reported URIs. This high incidence of URI can be caused by ventilation in students’ rooms not meeting health requirements and poor implementation of Clean and Healthy Living Behavior (CHLB). Purpose: This study aims to analyze the risk level of ventilation and CHLB as pertains to URI incidence among Amanatul Ummah Surabaya Islamic Boarding School students. Methods: This research used an analytic survey design with a cross-sectional approach. The study population was 853 students. The sampling method used was proportionate stratified random sampling, yielding a sample of 207 students. Samples were taken through drawing the number of absences. The data were obtained by interviews utilizing CHLB questionnaires, field observation of ventilation, and observation of respondent’s medical records to obtain information on the history of the URI. The data was analyzed via chi-square test (α=0.05). Results: Respondents with room ventilation that did not fulfil requirements tended to experience URI 11.13 times more frequently than respondents with room ventilation that fulfilled the requirements, while respondents with poor CHLB tended to experience URI 7.15 times more often than respondents with good CHLB. The more ventilation did not fulfil the requirements and the poorer the implementation of CHLB, the more respondents tended to experience URI. Conclusion: The leader of Amanatul Ummah Surabaya Islamic boarding school was expected to be able to evaluate the construction of boarding schools, particularly with regard to ventilation, to fulfil the applicable health requirements and provide adequate CHLB facilities.
The Utilization of Voluntary Counseling and Testing Through Support and Family Health Care Functions
Authors: Oktaviani Ni Putu Wiwik , Devhy Ni Luh Putu , Adiputra I Made Sudarma , Trisnadewi Ni Wayan
Published: October 2021

Background: The transmission of the Human Immunodeficiency Virus (HIV) from mother to baby is now increasing along with the growing number of HIV-infected women. Approximately 15% of pregnant women living with HIV have accessed antiretroviral (ARV) medicine to prevent transmission of the virus to their babies. Purpose: This study aimed to identify the support and healthcare functions available to pregnant women in using the voluntary counseling test (VCT). Methods: This research was conducted in the working area of Gianyar District health center. The independent variables in this study are family support and family healthcare functions. The dependent variable is the utilization of VCT health service facilities. This study employed a cross-sectional research design. The samples were 108 respondents recruited using a probability sampling technique, namely multi-stage sampling. Bivariate and multivariate analysis were conducted using the chi-square test and logistic regression test. Results: The research variable related to the use of VCT health services with family support showed an odds ratio (OR) = 122, while family healthcare function had an OR = 465. Conclusion: Pregnant women with good family support, good healthcare function, increased maternal age, and early gestational age were more likely to use VCT than when they were in opposite situations.
The Effect of Post-Traumatic Stress Disorder on Women After The Earthquake in Central Sulawesi
Authors: Amanda Andini Rizki , Hidajah Atik Choirul , Wahyuni Chatarina Umbul
Published: October 2021

Background: Posttraumatic stress disorder (PTSD) is a psychological disorder caused by uncommon occurrences such as threats or catastrophic events. Women are particularly susceptible to developing PTSD, as they have a range of threat perceptions. Purpose: The aim of this study was to examine the effect of PTSD on women survivor of the earthquake in the Sigi Biromaru sub-district of Central Sulawesi. Methods: This was a descriptive study conducted using a cross-sectional design. The population for this study were housewives who have been displaced by the earthquake and are currently residing in temporary shelters (Huntara) in a village located in the Sigi Biromaru sub-district. The instrument used in this study was the PTSD measurement questionnaire sheet. It was conducted from March to April 2020 and included a total of 115 participants. Univariate analysis was used to determine the respondents’ characteristics, including their age, education, occupation, income, and a description of the PTSD condition. Results: The results show that the majority of respondents experienced severe PTSD (70.43%). Most of the respondents (35.65%) were between the ages of 37 and 46, were senior high school graduates (40%), were unemployed (74%), and had earnings of < 2,500,000 (85.22%). Three variables that affect PTSD are education with a p-value of 0.03 < 0.05, job/occupation with a p-value of 0.02 < 0.05, and income with a p-value of 0.03 < 0.05. Conclusion: Women who are elderly, have a low level of education, are unemployed, and have low income are more vulnerable to experiencing PTSD.
Barriers to the Implementation of Alcohol Policies in Jayapura City
Authors: Kamisorei Rahel Violin , Qomaruddin Mochammad Bagus , Devy Shrimarti Rukmini , Nordin Amer Siddiq Amer
Published: October 2021

Background: Basic Health Research (RISKESDAS) in 2018 found as many as 15 provinces out of 35 provinces had a prevalence of alcohol consumption above the national prevalence, and Papua was reportedly in the top 15 of the prevalence of high alcohol consumption (alcohol) as much as 4.6%. Objective: To describe the obstacles to the implementation of local government policies in curbing the circulation of alcohol in Jayapura City. Method: This is a descriptive study using a qualitative single instrumental case study design in Jayapura City from May to September 2020. Purposive sampling technique was employed to determine participants who consisted of an integrated team of alcohol control and supervision (n =6). Data collection was using in-depth interviews and non-participant observation. Result: Communication between the integrated team was not optimal. National Food and Drug Agency (BPOM) had not routinely conducted sample tests as the majority of traditional alcoholic beverages sold in shops such as local liquors were illegal. The division of duties and responsibilities by the integrated team was good, but the execution in the field was not as agreed upon. There were alcohol traders who have not applied for licenses to sell alcohol because the process to get license permits was too complicated. The content of Perda No.8 of 2014 weakened the police because they could not give punishment like Satpol PP, however, Satpol PP did not have an investigating team. Conclusion: The lack of commitment from the control and supervision team of alcohol circulation in carrying out their duties. The resources involved were lacking. Coordination among the integrated teams was not going well thus the division of tasks and authorities with implementation actions in the field did not work according to the policy enforce in Jayapura City. Evaluation of work programs by policy implementers could be carried out to increase the success of implementation.
Analysis of COVID-19 Prevention Behaviour among Diabetes Mellitus Comorbidity Patients in Palembang
Authors: Putri Giszka , Hasyim Hamzah , Fajar Nur Alam
Published: October 2021

Background: COVID-19 in Diabetes Mellitus (DM) patients are at higher risk for severe complications than people without DM. Preventive behaviour is the best way to avoid COVID-19 infection for DM patients due to its bad impact, such as severe symptoms requiring intensive care, leading to death. Objective: This study aims to analyse the COVID-19 preventive behaviour among DM comorbidity patients in Palembang. Method: The cross-sectional study was conducted from April 2021 to May 2021 using a questionnaire to diabetic patients at six community health centres in Palembang. The questionnaire has four sections: patient characteristics, knowledge, attitude, and COVID-19 prevention behaviour. A proportional random sampling technique was used to determine the number of samples according to the data on diabetic patients in each health centre. The total sample was 183 respondents from 1.266 total population diabetic patients in six community health centres. Respondents were diabetic patients aged ³ 18 years old and willing to fill out the questionnaire. Univariate, bivariate, and multivariate statistical analyses were used to analyse the data. Results: More respondents have good knowledge (50.3%), negative attitude (57.3%), and poor COVID-19 preventive behaviour (53.0%). The findings revealed a statistical significance between knowledge (P-value = 0.0001), attitude (P-value = 0.0001), and educational status (P-value = 0.0001) with COVID-19 preventive behaviour. Furthermore, knowledge is the most determinant factor of COVID-19 preventive behaviour (PR= 7.597, 95% CI: 3.701 – 15.597). Conclusion: According to this study, diabetic patients with poor knowledge are at greater risk of having poor COVID-19 prevention behaviours. COVID-19 prevention programs, especially health education programs at the community health centre, need to be improved to ensure that diabetic patients adopt reasonable and appropriate COVID-19 prevention practices.
Marriage Experience from the Girl’s Perspective: A Scoping Review
Authors: Kamilah Farhah , Rosa Elyse Maria
Published: October 2021

Background: Child marriage is a marriage that is conducted formally or informally by spouses or with one of the spouses aged 18. Child marriage is a phenomenon that involves socio-cultural elements thus many factors influence it. Girls are 3 times more likely to experience child marriage than boys. Various conditions that occur in child marriage have generated interest in seeing a broader view of how married girls view their married life. Objective: This review was conducted to explore research findings related to the experiences of girls who were married under 18 years of age so that it could be used as an illustration to see the condition of girls in child marriage life. Methods: This review used three databases PubMed, ProQuest, and EbscoHost. The search for articles used main keywords, namely "child marriage", "women experience", and "marriage life" combined with helper keywords. The articles were full-text, in English, not limited by year and country, and discussed child marriage from a woman's perspective. Results: This review was done on 10 articles that were screened and analyzed out of 2259 articles. All articles used a qualitative method and were originated from Malaysia (2 articles), Pakistan (2 articles), Iran (2 articles), United States, Morocco, Jordan, and Israel. The total participants were 187 people from all articles. The causes of marriage in girls were poverty, prevention of premarital sex, adolescent pregnancy solutions, and personal desires of the girls. The state of marriage was seen from self-actualization and pressures on the role of girls in married life. Conclusion: This review summarized the reasons for marriage before the age of 18 were due to poverty factors, the avoidance of premarital sex, teenage pregnancy solutions and the willingness of girls themselves to marry. This review also summarized the situation of girls in child marriages who were unable to be self-reliant and were under pressure to perform their position in the household. Child marriage also caused new issues in the lives of girls, hence it was necessary to consider getting married at the age of under 18 years.
Factors of Personal Hygiene Habits and Scabies Symptoms at Islamic Boarding School
Authors: Puspita Shelvi Indah Ayu , Ardiati Fatma Nur , Adriyani Retno , Harris Neil
Published: October 2021

Background: Scabies is a contagious skin disease caused by mite Sarcoptes scabiei. The global incidence of scabies in 2014 was 0.3%-46%, while the incidence of scabies in Indonesia, especially in Banyuwangi Regency was 1871 cases in 2016 and 1730 cases in 2017. Objective: The study objective was to determine the relationship between personal hygiene and symptoms of scabies among students. Methods: This study was an observational study with a cross-sectional design located at the Salafiyah Syafi’iyah Nurul Amin Islamic Boarding School, Kalipuro, Banyuwangi. The number of students living in Islamic boarding schools was 191 students, the sample size was 63 students by simple random sampling. Data regarding personal hygiene habits were collected in April-May 2020, it used Google Forms sent via WhatsApp application to the students and in-depth interviews with the student caregivers. Data analysis using chi-square test, presented in tables and narrative. Results: The results showed that 42.9% of students had symptoms of scabies and there was a significant relationship between personal hygiene and symptoms of scabies, especially in habit of scratching (P value = 0.000) and the habit of using clothes, towels, as well as prayer tools together (P value = 0.012). Conclusion: The habit of scratching body parts with nails and using clothes, towels and, prayer tools alternately could be risk factors for the transmission of scabies to students. Students should have good personal hygiene and not share their personal equipment such as clothes, towels, and, prayer tools. The boarding school managers were advised to complete sanitation facilities, to organize a clean and tidy bedroom competition between the students.
Viral Membrane Fusion Proteins and RNA Sorting Mechanisms for the Molecular Delivery by Exosomes
Authors: Zubarev Ilya , Vladimirtsev Dmitry , Vorontsova Maria , Blatov Igor , Shevchenko Konstantin , Zvereva Svetlana , Lunev Evgeniy A. , Faizuloev Evgeny , Barlev Nikolay
Published: October 2021

The advancement of precision medicine critically depends on the robustness and specificity of the carriers used for the targeted delivery of effector molecules in the human body. Numerous nanocarriers have been explored in vivo, to ensure the precise delivery of molecular cargos via tissue-specific targeting, including the endocrine part of the pancreas, thyroid, and adrenal glands. However, even after reaching the target organ, the cargo-carrying vehicle needs to enter the cell and then escape from lysosomal destruction. Most of artificial nanocarriers suffer from intrinsic limitations that either prevent them from completing the specific delivery of the cargo. In this respect, extracellular vesicles (EVs) seem to be the natural tool for payload delivery due to their versatility and low toxicity. However, EV-mediated delivery is not selective and usually short-ranged. By inserting the viral membrane fusion proteins into exosomes, it is possible to increase the efficiency of membrane recognition and also ease the process of membrane fusion. This review describes the molecular details of the viral-assisted interaction between the target cell and extracellular vesicles. We also discuss the question of the usability of viral fusion proteins in developing extracellular vesicle-based nanocarriers with higher efficacy of payload delivery. Finally, this review specifically highlights the role of Gag and RNA binding proteins in RNA sorting into extracellular vesicles.
Plasmonic Refractive Index Sensor Based on Resonant System with Two Plasmonic Waveguides, Two Rings and Two Cavities
Authors: Abbasi Hamid
Published: October 2021

In this research, we seek to design and numerically evaluate a refractive index sensor based on the resonant system with metal insulating waveguide (MIM) that includes a wide range of wavelengths. To design the structure of this sensor, we use two rings with different dimensions and two cavities and two plasmonic waveguides. The resonant wavelengths and the refractive index of the resonators have been studied and simulated by the finite difference time domain (FDTD) method, which directly obtains the Maxwell equations by proper separation in the two time and space domains (But all the diagrams in this article are obtained using MATLAB). We send an electromagnetic wave to the structure of the sensor we have designed to analyze the field distributions and the spectral response of the structural parameters. When the field distribution is in the same structure, the energy loss is reduced. To achieve the maximum field distribution in the structure, all dimensions must be optimal. Intensification of the surface plasmon at the boundary between a metal surface and the dielectric material (sensor structure and waveguides) will increase the electric field strength and correct the sensor performance. Nanoparticle surface plasmon resonance depends on five factors: size, shape, nanoparticle composition, particle distance, and refractive index of the nanoparticle environment. These five factors affect the wavelength and intensity of the peak. To measure sensor performance, it calculates factors such as resolution, transmission efficiency, adjustable range of wavelengths, S sensitivity coefficient, FOM, Q quality factor and quality factor and width factor at half maximum value (FWHM). To achieve a functional plasmonic sensor. This sensor is suitable for use in fully integrated circuits as well as for the detection of chemical, biological and biological materials due to its high resolution accuracy, low size, high FOM value and high sensitivity coefficient.
Modeling the dynamic evolution of the Universe under the action of the entropic force associated with the modified Sharma-Mittal entropy
Authors: Kolesnichenko Aleksandr Vladimirovich , Marov Michail Yakovlevich
Published: October 2021

Using the Verlind formalism, the paper considers several scenarios of the evolution of the Friedman-Robertson-Walker Universe, which arise in the framework of entropic cosmology based on the formulated new modification of the Sharma-Mittal entropy. The research, carried out in the framework of non-Gaussian statistical theory, uses several entropies associated with the surface of the horizon of the Universe due to the holographic information stored there. A set of new generalized Friedmann equations is obtained, in which, instead of the cosmological constant, control forces appear based on the Bekenstein-Hawking, Tsallis-Chirto and Barrow entropies, as well as modified Sharma-Mittal and Renyi entropies containing additional nonextensity parameters. The proposed approach, associated with the use of probabilistic nonextensive aspects of the Hubble horizon of the surface of the Universe, meets all the basic requirements for thermodynamic modeling of the dynamic behavior of outer space without involving the concept of dark energy.
On the properties of the classifier in case of small deviations of blood parameters from the norm
Authors: Gavrikov Boris Mikhailovich , Gavrikov Mikhail Borisovich , Pesryakova Nadezhda Vladimirovna
Published: October 2021

A mathematical model is described and implemented, intended for the numerical study of the ability of the statistical classification method to interpolate and extrapolate. The classifier developed by the authors is based on the polynomial-regression approach and has probabilistic estimates. It is used to assess the state of human health based on the parameters of laboratory analysis of peripheral blood. The blood base is considered with a small deviation from the norm.
READING ON NAUSEA AND THE IMMORALIST THROUGH EXISTENTIALISM
Authors: Wenanda Diva
Published: October 2021

The concept of existentialism is that the existence of a person is prior to their essence. The term "existence precedes essence" subsequently became a maxim of the existentialist movement. Put simply, this means that there is nothing to dictate that person's character, goals in life, and so on; that only the individual can define their essence. This study discussed existentialism in Nausea by Jean Paul Sartre and The Immoralist by Andre Gide, through Roquentin and Michel as the Characters. Roquentin and Michels, they tend to have an absolute freedom, means there is no influence from outside. What they actually want sometimes lies no motives why they are doing that thing.
Supra-constitutional norms in constitutional law
Authors: Shustrov Dmitry
Published: October 2021

The idea of supra-constitutionality was formulated in the science of constitutional law in the second quarter of the 20th century and associated with the names of M.Hauriou and K.Schmitt, who for the first time noticed the possibility of the existence of norms that are higher than the constitution. This article is an attempt to give the doctrine of supra-constitutionality an actual theoretical and dogmatic meaning in the context of the study of the material limits of constitutional changes. The doctrine of supra-constitutionality claims to play an important role in explaining that unchangeable norms can exist in constitutional law and that they cannot be excluded, changed, limited, overcome, affected by the other sources of constitutional law, including the constitution itself. Supra-constitutionality is viewed as a characteristic of unchangeable constitutional norms that constitute the material limits of constitutional changes. Supra-constitutionality presupposes the existence of norms that surpass the rest of the constitutional norms and predetermine their content through the definition of what can, should and should not be included in the constitution or excluded from it. The basis of constitutional supra-constitutionality is the argument of hierarchical differentiation. In addition to recognizing unchangeable constitutional norms as supra-constitutional, the article raises the question of the existence of natural law and international law supra-constitutional norms. Natural law supra-constitutional norms have an external and non-positive character. They are not enshrined in the constitution, but stem from a reasonably understood concept of what is due in the most civilized societies, which is determined by the constitutional court. International law supra-constitutionality is understood as the superiority of the norms of international law over the constitution. It has an external and positive character. International law supra-constitutionality can cause political objections from opponents of the absolute rule of international law. Supra-constitutional constitutional, natural and international law norms can come into conflict with each other. The paradox of the doctrine of supra-constitutionality lies in the fact that it creates a hierarchy of norms within the constitution itself, distinguishing between simple and supra-constitutional constitutional norms, or distinguishes certain non-positive norms that are outside the constitution, as having priority over the constitution, or puts some norms of international law over all norms of national law, including the constitution. The purpose of the doctrine of supra-constitutionality is to preserve the inviolable fundamental (natural or generally recognized) values, which justifies its logical flaws and paradoxicality.
The concept of types of popular representation
Authors: Kireev Dmitry
Published: October 2021

Democracy has many appearances. The principle of democracy is implemented in republics as well as monarchies, unitary states and federations. This article proposes a new dimension of democracy – the type of popular representation – which depends on the electoral system used in national parliamentary elections. The ownership of power in the state by the people is ensured by the functioning of a representative body elected by citizens and having exclusive authority to pass laws that are binding on all. In addition, the parliament participates in the formation of bodies of other branches of power and approves the budget. Thus, research into the manifestations of the institution of popular representation is important not only for countries with a parliamentary government, but also for all other states. The direct dependence of the composition of the legislature on the will of the people guarantees that the actions of the state are subordinated to the interests of this entity. An electoral system is used to identify this will of the people. However, the significance of this legal mechanism is not limited to the role of a guide between votes and parliamentary mandates alone. The electoral system is a “double-edged” instrument that can influence the exercise of power by the people. The purpose of this article is to analyse this influence and demonstrate the existence of three types of popular representation formed by different categories of electoral systems. Types of people’s representation arise as a result of the repeated application of a certain mechanism and the following establishment of the party composition of the parliament and party structure of the government. The established type of people’s representation is characterised by the varying degree of effectiveness of political parties in expressing and realising the interests of the people. In addition, the implementation of the principle of alternation of power and the functioning of the checks and balances are also dependent on the electoral system used. This article formulates a concept that makes it possible to differentiate the way democracy is developed in the state and to consider transparently the constitutional and legal consequences of the choice of the electoral system.
The social history of law as a factor of the rule of law
Authors: Poldnikov Dmitry , Fogelson Yuriy
Published: October 2021

The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types–the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a “triangle” of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law.
Specificity of the interpretation of constitutionality in the Fifth Republic in France
Authors: Kalish Dar'ya
Published: October 2021

In France, the understanding of the constitutionality of law and the wider institution of constitutional control have interesting features, especially when compared to other countries that use the traditional, legal European (Kelsen’s) model. These include the originality of the standard, against which legislative acts are checked. It is the so-called constitutional bloc, which, in addition to the 1958 Constitution itself, includes the Declaration of the Rights of Man and Citizen of 1789, the Preamble to the 1946 Constitution, the 2004 Environmental Charter, as well as the principles to which the Constitutional Council attaches constitutional significance. A feature of French public law in accordance with the 1958 Constitution is the non-universal legislative competence of parliament and the delimitation of the areas of regulation of law and regulations (government acts). In this regard, one of the requirements for the constitutionality of the law in France is that it should not interfere with the sphere of regulatory power, that is, it should not touch upon issues that are not attributed to the subject of legislative regulation by the Constitution. However, Parliament’s violation of the delimitation of legislative and regulatory regulation established by the Constitution does not include the unconstitutionality of the corresponding law (its individual provisions), instead only allowing the Government to amend them by its decrees. For a long time in France, there was only preliminary constitutional control over laws, legislative proposals submitted to a referendum, regulations of the chambers of Parliament and international treaties. As a result of the 2008 constitutional reform, a specific, subsequent constitutional review was introduced. It can be initiated in the Constitutional Council by the Court of Cassation or the Council of State upon an appeal, respectively, by a court of general jurisdiction or an administrative court, before which a statement is made that the law being applied to the dispute under consideration violates constitutionally guaranteed human rights. The institution of subsequent constitutional review has proved to be in great demand, and currently, most of the Constitutional Council’s decisions are made within its framework. In modern France, the development of legislation is significantly influenced by EU law. However, neither the Constitutional Council nor the Council of State directly monitor the compliance of laws and regulations with international treaties and EU law.
The formation of the composition of the Constitutional Court of Russia in 1994–1995 (on the history of the issue and constitutional and legal aspects)
Authors: Mityukov Mikhail
Published: October 2021

The modernisation of the Constitutional Court of the Russian Federation in 1993–2000 was a result of the political and legal transformations of the 1990s, and the period of its procedural inaction for a year and a half was by no means time lost. It was used to prepare a new law for the Constitutional Court, which was largely prepared by the Court itself and accompanied by disputes with the State Legal Department of the Russian Federation’s president and various factions of the State Duma of the first assembly (LDPR, KPRF). Discussions were primarily held about the status of the Constitutional Court, such as the Court’s term in office, as well as its number of members, which greatly determined the effectiveness of the future “second” Constitutional Court of the 1993–1995 model and its internal structure. Filling the Constitutional Court’s six vacant seats as defined by the 1993 Constitution was not carried out by electing judges as in the previous legislation, but instead by appointing them to each of the chambers on the suggestion of the head of state. This predetermined an acute political struggle, primarily to establish the procedure for selecting candidates for judicial positions and determining the role of the president in each chamber of the Federal Assembly, the State Duma factions, legal institutions, and scientific communities of legal scholars. The independent “game” of each of these elements delayed the process of starting a functioning Constitutional Court for many months, but the democratic procedure for electing the courts’ heads allowed the issue to resolve without delay.
State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic
Authors: Chekharina Valentina
Published: October 2021

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.
To persuade or not to persuade? On the purpose and functions of constitutional argumentation
Authors: Chirninov Aldar
Published: October 2021

Contemporary scholarship has consistently sought to generalize knowledge since the universality of scholarly knowledge is an indispensable attribute of scholarly knowledge itself. Nevertheless, these efforts sometimes encounter obstacles posed by the presence of objects, knowledge about which is difficult to universalize, primarily because of their functional dependence on other processes and phenomena. This is exactly the case with argumentation. Arguing that functions to be performed by argumentation vary considerably depending on the nature of the activity that argumentation serves, this article explores how the process of justification of constitutional judgments contributes to the development and functioning of the legal order and thereby reveals the purpose and functions of constitutional argumentation. Having synthesized the existing knowledge on judicial review of legislation with the possibilities that the means of argumentation provide to courts, and having indicated which judicial review tasks can be performed exclusively by resorting to argumentation, the author identifies the normatively correcting, normatively guiding (prognostic), cognitive and legitimizing functions of constitutional argumentation. This article gives specific reasons for highlighting the aforementioned functions and further details their substance. The author also focuses on the nodal nature of the cognitive function of constitutional argumentation, which is being implemented in three relatively autonomous dimensions: constitutionally due, normatively present, and being. Given that constitutional argumentation performs a normatively correcting function and that a constitutional dispute is characterized by a divergence of interests of its participants, the author refuses to consider the audience’s persuasion and its assent to a given thesis as an invariant purpose of constitutional argumentation. The article concludes that constitutional argumentation, because of its dependence on judicial review tasks, is aimed primarily at the formation of adequate understanding of constitutionally so that constitutional review organs may correctly and legitimately assess the constitutionality of a challenged law.
International investment arbitration: decisions 2017–2018 on the merits of the dispute
Authors: Rachkova Elizaveta , Rachkov Iliya
Published: October 2021

In the previous article, the author reviewed the decisions of international investment arbitration 2017–2018 on the jurisdiction and admissibility of claims. This article reviews the decisions of these arbitrations for the same period on the merits of the disputes. A special place among these decisions is taken by decisions on claims of foreign investors on violation by the host state of the regime (or standard) of fair and equitable treatment. This is quite natural: violation of this standard is the most common claim. In 2017–2018 in particular, many lawsuits in which such claims were made were related to the generation of electricity from renewable sources, mainly from solar energy. These claims were based on the 1994 Energy Charter Treaty. The article examines, in particular, cases of claims in which investors demanded compensation for damage caused by changes in the legislation of the host countries. The question before the arbitrators was: how strongly does the standard of fair and equitable treatment protect against legislative changes? The article also considers such aspects as: violation by the state of the national regime, the most favored nation regime and the standard of full protection and security of foreign investments; direct and indirect expropriation. The solutions in which the question arose about; the power of the arbitral tribunal to review its own preliminary decisions; the impact of environmental aspects on the behavior of the investor and the state; attempts by a party dissatisfied with the arbitration decision to have the decision annulled or overturned either by an ad hoc committee of ICSID or by national state courts. An analysis of the above decisions will reveal some trends in international investment law, which is important in the context of the fact that there cannot be truly uniform practice in investment arbitration due to the lack of a single source of law and a single dispute resolution body. Thus, only a careful analysis of the practice can tell which practice is well established and which is not.
Politicising law or legalising politics? Justiciability and the “political question” on the examples from international justice
Authors: Gal'perin Mikhail
Published: October 2021

Author is pointing out the problem of interaction between the political nature of the dispute concerned and the competence of international tribunals. To assess such legal interaction the “justiciability” concept is used. This concept, well known from the US and the UK jurisprudence, allow national courts, for the purpose of stable state administration, to exercise “prudency” in invalidating executive acts, guarantee the operation of the principle of separation of powers, preserve the legitimacy of an unelected judicial branch allowing it, at the same time, to participate in a dialogue with the other branches and the public. Despite the fact that the concept initially appeared in the national law, it became equally important for the international dispute resolution system. Using some remarkable recent cases from the supreme national and international tribunals’ practice author concludes that international tribunals are increasingly expanding their own competence to cover issues traditionally reserved for national authorities and/or lying exclusively in the diplomatic realm. The “evolutive” interpretation of provisions of international law adapted by some international tribunals (and other international organs) contradicts their literal meaning as originally intended by the states, is becoming a persistent trend. This entails a natural reaction of national legal systems represented by higher courts: on the one hand, they avoid direct confrontation through maintaining the classical paradigm of respect to international law, and, on the other hand, draw “border lines” designed to limit the jurisdiction of international courts and arbitration tribunals. The politicization of international arbitration is a question that should not be embarrassingly swept under the carpet or considered marginal. Otherwise, there is a risk that it would destroy the international dispute resolution system and, as a consequence, undermine the mechanisms of international law. At the same time, no peaceful resolution of the conflict of jurisdictions is possible without understanding the problem in the legal plane, without joint determination of which cases are justiciable in the international process, and which questions should be considered “political”. Author made the attempt to give a legal definition of the “political question” in the international procedure and formulate legal tests which could help international judges and arbitrators to define, whether they are ready to and whether they should consider the particular case, related to the “political question”, on the merits (and not to recognise it inadmissible on procedural grounds).
The role of international agreements and international customary law in the EU and EAEU legal orders
Authors: Entin Kirill
Published: October 2021

The article examines the provisions of EU and EAEU law regarding the role and place of international agreements and international customary law in their respective legal orders. The duty of regional integration organisations to comply with international law necessitates the creation of mechanisms allowing incorporating international law norms into the EU and EAEU legal systems while ensuring the independent (autonomous) character of these legal orders. The case law of supranational courts plays a prominent role in resolving this issue. The author focuses primarily on issues that are relevant not only for the EU but for the EAEU at the current stage of its development: ensuring that international agreements with third parties are compatible with the main rules and principles of the functioning of the integration organization; the possibility for individuals to challenge the validity of EU/EAEU institutions/bodies acts on the ground that they are contrary to international treaty or customary law as well as to the binding nature for a regional integration organisation of international agreements concluded by Member States in fields where the competence has been transferred to the supranational level. The author comes to the conclusion that despite the fact that the mechanisms provided by the EAEU Treaty are insufficient, the gaps can be partially filled by the EAEU Court through its case law. In that regard the jurisprudence of the Court of Justice of the European Union represents an important benchmark, although it needs to be assessed critically. Thus, the strict approach of the CJEU regarding the direct effect of universal international agreements as well as its application of the functional succession doctrine in relation to international agreements concluded by Member States makes it difficult for individuals to rely on international law in order to protect their rights.