bluuebunny/crossref_metadata_2025 huggingface dataset:
Algorithms of modified Hirsch index for the formation of ratings of university teachers in terms of publications and their quotes
Authors:   Emperor Alexander I Petersburg State Transport University, GERASIMENKO Petr V.
Published: October 2021

Objective: To suggest an algorithm for assessing the results of the scientiﬁc activity of a teacher drawing on published works and their quotes, which should make it possible to consider the total quoting of signiﬁcant publications determined by the Hirsch algorithm. To create a more advanced approach to the effective assessment of scientists’ publication activities compared to the Hirsch number. Methods: A systematization approach is used to systematize the total citation array, by separating it into the following citation arrays: 1) the basic, deﬁned Hirsch index; 2) signiﬁcant publications; 3) intensity of work. The resulting arrays formed the basis of the creation of three indices: h – Hirsch’s index, g – an index of signiﬁcant publications and p – intensive work index. These indexes allowed us to determine the Euclidean norms gh – the index of basic signiﬁcant publications and hp – the intensive work index of a teacher. The above indices make it possible to differentiate the teachers’ publication activities and produce better ranking in the team. Results: The ratings of a team of authors formed by the sample from Russian Science Citation Index using the Hirsch index and the gh-index are built. It is shown that more efﬁcient compared to the Hirsch index is the proposed approach. Practical importance: The described approach to the formation of the rating position of the authors of publications in the creative team is based on a simple calculation and comparison of the modiﬁed Hirsch indices
Special tax treatments – a lifeline for small businesses?
Authors:   Emperor Alexander I Petersburg State Transport University, BARANOVA Larisa G. , FEDOROVA Valentina S. ,   Emperor Alexander I Petersburg State Transport University
Published: October 2021

Objective: Analysis of the problems of small businesses functioning in the context of the economic crisis aggravated by the pandemic, most particularly economic relations between the state and a tax-payer in the process of taxation of small businesses. Methods: Special tax treatments as one of the tax incentives for small businesses are used, legislative and regulatory acts of state authorities, as well as federal laws. Results: The authors have concluded that the most important challenge the Russian economy is currently facing is to ensure the survival of small businesses, including by ex-panding rather than narrowing the scope of application of special tax treatments. Practical im-portance: The novelty of the research lies in the critical approach to the stance of the state in rela-tion to special tax treatments, which are aimed at creating favorable economic and tax conditions for business deve¬lopment. Therefore, it is extremely necessary to provide real support to small businesses in the context of the economic crisis, aggravated by the pandemic.
Optimizing the elevation of the outer rail in railway curves based on the cost of the overhaul cycle
Authors:   Emperor Alexander I Petersburg State Transport University, BELTIUKOV Vladimir P. , ANDREEV Andrey V. ,   Emperor Alexander I Petersburg State Transport University
Published: October 2021

Objective: To determine the optimal elevation of the outer rail in a curved track section based on technical and economic criteria, calculating the life cycle cost using the methods of life cycle re-source management, risks, and reliability analysis (URRAN methodology). Methods: The authors used multivariate analysis, point estimation, the probability theory and mathematical statistics, the theory of reliability of technical systems, the URRAN methodology, field observations of the condi-tion of the curved track sections and the scope of work during their maintenance. Results: A model of the overhaul cycle of a curved track section has been developed. The dependences of the change in the intensity of the accumulation of faults and the cost of track maintenance during the overhaul cycle on the average values of undamped train accelerations when moving along the sur-veyed sections are presented. The optimal values of undamped acceleration are determined for various operating conditions of railway curves, which provide the minimum track maintenance costs. The authors have found that the minimum cost of the overhaul cycle is the factor for choos-ing the optimal undamped acceleration during the overhaul cycle. The optimal elevation of the out-er rail has been calculated and the actual values in the investigated sections have been analyzed. The method’s economic efficiency is calculated in the form of the ratio of the difference between the costs of the overhaul cycle for the actual and optimal elevations of the outer rail. Practical im-portance: Optimization of the elevation of the outer rail will enable minimizing the intensity of the accumulation of faults and, therefore, reduce the cost of maintenance on the track. The total cost of routine track maintenance will be reduced by 5–10 %.
Gas turbine engines used as power units for traction rolling stock fueled by liquefied natural gas
Authors:   Joint Stock Company “Scientific-Research and Design-Technology Institute of Rolling Stock” (JSC “VNIKTI”), BABKOV Yuri V. , PROKHOR Denis I. ,   Joint Stock Company “Scientific-Research and Design-Technology Institute of Rolling Stock” (JSC “VNIKTI”), KOTYAEV Dmitry V. ,   Joint Stock Company “Scientific-Research and Design-Technology Institute of Rolling Stock” (JSC “VNIKTI”), GRACHEV Nikolay V. ,   Joint Stock Company “Scientific-Research and Design-Technology Institute of Rolling Stock” (JSC “VNIKTI”), CHERNYSHEV Mikhail A. ,   Joint Stock Company “Scientific-Research and Design-Technology Institute of Rolling Stock” (JSC “VNIKTI”)
Published: October 2021

Objective: To determine the possibility and directions for increasing the efficiency of gas turbine traction based on the experience of using gas turbine engines as power plants in railway transport. Methods: The practice of operating gas engine locomotives in trial runs and normal operation with trains of 9 thousand tons is used. Records of onboard systems for fixing the parameters of locomo-tive equipment operation are taken into account. Results: Comparison of the application experi-ence of gas turbine engines in various branches of the national economy are carried out. The fea-tures of using gas turbine engines in unstable loading modes are analyzed. Their effectiveness is characte¬rized and directions for its further increase are established. The values of the maintenance labor intensity of gas turbine locomotives and diesel locomotives are revealed. The actual load of gas turbine locomotive equipment at all traction modes has been determined. Practical im-portance: Significant differences in maintenance of power units of gas turbine locomotives and die-sel locomotives have been determined. The performed analysis of the operation results allowed to determine and prove in practice the advantages and disadvantages of convertible aircraft gas tur-bine engines, to establish requirements for them in order to increase the efficiency of using gas turbine locomotives and to develop a draft of technical requirements for a power unit for the main gas turbine locomotive GT1h.
Long-term results of internal-and-transosseous osteosynthesis of intraarticular fractures of the proximal femur
Authors: Belinov Nikolay V.
Published: October 2021

We analyze the condition of 28 patients who underwent internal-and-transosseous metal osteosynthesis of the femoral neck. We use clinical, radiological and functional research methods for the examination. In clinical research methods, the main attention was paid to the patient's gait, pain syndrome, which was evaluated both during physical exertion and at rest. The radiological methods of the study assessed the signs of consolidation of bone fragments, the presence of bone trabeculae, which, without interruption, pass from the neck to the femoral head. In case of pain in the hip joint, a computed tomography was performed with the measurement of the length of the hip neck, which was compared with the length of the hip neck of the healthy side. The congruence of the articular surfaces and the articular gap of the hip joint were studied. Functional studies were carried out using the systems for assessing the state of the hip joint of Luboshitz–Mattis–Schwarzberg and W.H. Harris. The follow-up period ranged from 1 to 7 years. The obtained studies allowed an objective assessment of the long-term results of metal osteosynthesis of femoral neck fractures with an original fixator. A positive assessment of the long-term results of osteosynthesis of the femoral neck allows us to recommend using this fixator in clinical practice.
The role of attainability and external focus of attention on standing long jump performance
Authors: King Adam , Power Max
Published: October 2021

BACKGROUND: External focus of attention (FOA) promotes enhanced performance and learning in comparison to internal FOA; however, several dimensions associated with external FOA appear to have varying influence on motor skill performance.
AIM: The purpose of this study was to investigate whether an attainability aspect of external FOA elicits enhanced standing long jump performance.
METHOD: Fifteen healthy males performed standing long jumps in the following conditions: without a visual target (Tno), target placed at maximum distance (Tmax), and a target placed 10% beyond maximum distance (Tmax+10). Jump distances were measured, and kinetic data were recorded using a force platform.
RESULTS: One-way ANOVA showed significantly greater jump distances for Tmax+10 compared to Tno and Tmax (p < 0.01). Additionally, the impulse of the ground reaction force (GRFimpulse) in the anterior-posterior direction was significantly greater for Tmax and Tmax+10 compared to Tno (p < 0.05).
CONCLUSION: Thus, an external FOA tailored to individual ability benefits standing long jump performance. Overall, the findings support the approach of adopting an external FOA with an emphasis on targets that are specific to the individual and based on attainability.
Mental body rotation with egocentric and object-based transformations in different postures: standing vs. balancing
Authors: Budde Kirsten , Jöllenbeck Thomas , Barela José A. , Figueiredo Gabriella A. , Weigelt Matthias
Published: October 2021

BACKGROUND: Previous studies suggest better visual-spatial processing when participants are tested in postures in which dynamic stability is challenged. The question arises if this is also true for the performance in mental body-rotation tasks (MBRT).
AIM: Taking the embodied cognition approach into account, the first aim of the present study was to examine the potential influence of different demands on dynamic stability for two postures (parallel stand vs. tandem stand) on solving two versions of the MBRT, inducing either an object-based or an egocentric perspective transformation strategy. The second aim was to investigate if these different demands on dynamic stability are reflected in postural sway parameters.
METHOD: Thirty participants (18 females and 12 males) were tested in the two MBRTs and in a control condition. All tasks were performed while standing on a balance beam in tandem stand and in a feet parallel position on a force plate.
RESULTS: The results for response time and response error revealed effects of rotation angle and task, but no effect of posture. The analyzed Center of Pressure (CoP) data revealed a reduction of body sway during the MBRT for egocentric perspective transformations.
CONCLUSION: The results indicate that participants performed better for egocentric than for object-based transformations and that the egocentric transformation leads to more postural stability than the object-based.
Does the Implementation of Regulation Affect COVID-19 Transmissibility and Mortality? Lessons Learned from Nganjuk Regency
Authors: Prasiska Danik Iga , Yoon Sangchul
Published: October 2021

Background: Coronavirus disease 2019 (COVID-19) as a global pandemic is ineluctable, transmission that originated from a foreign country became the local transmission in Indonesia. As several regional authorities implemented a large-scale social restriction policy to reduce the transmission of COVID-19, the Nganjuk Regency government chose to implement a different strategy with the implementation of Regent Regulation number 28 of 2020 about novel practice in the COVID-19 pandemic situation. Objective: This study aimed to analyze the impact of the implementation of the regulation on COVID-19 transmissibility and mortality at the Nganjuk Regency. Methods: Data were collected from the daily confirmed cases and death of COVID-19 made accessible for the public by the Nganjuk Regency Task Force for COVID-19 and Nganjuk Regency Health Office starting from March 30th to September 20th. Interrupted time series analysis was performed to estimate the impact of the implementation of regent regulation on COVID-19 transmission and mortality parameters. Result: The trend of new confirmed cases and deaths of COVID-19 in the Nganjuk Regency continued to fluctuate before and even after the implementation of regent regulation. It was found that there were reductions in case of fatality rates by -0.002 ± 0.003 (ρ 0.002) on CFR and -0.008 ± 0.008 (ρ 0.007) on eCFR after the regent regulation was implemented but there was no significant reduction on COVID-19 transmissibility parameter. Conclusion: Implementation of regent regulation in Nganjuk Regency significantly affected the reduction of case fatality rate but failed to slow down the COVID-19 transmissibility. Intensive community engagement to comply with the health preventive measures should be considered as an effective preventive strategy to reduce the transmission of COVID-19.
Elderly Cognitive Functions at Tresna Werdha Islamic Village Nursing Home, Tangerang
Authors: Dewi Ratih Kumala
Published: October 2021

Background: According to aging Index data in 2035, it is projected that there will be 73 elderly people per 100 population increasing every year. The implication of increasing the number of elderly is an increase in cognitive function degradation that affects the old age ratio dependency in carrying out normal daily activities. Objective: The purpose of this study was to determine the elderly cognitive functions at the Islamic Village Nursing Home. Methods:  This study used a cross-sectional study design with the sampling technique using a total population of 48 elderly woman respondents. The location of the research was carried out at the Islamic Village Nursing Home, Tangerang. Data collection was carried out in March to April 2020. Data was collected using a standard questionnaire for cognitive function measured using the standard Mini-Mental State Exam (MMSE) questionnaire and the level of independence measured using the standard Barthel Index checklist. Other respondent characteristic data were collected through interviews and observations. Results: Cognitive function has a significant relationship with the level of independence of elderly women with values (OR = 5.402; p = 0.013; CI = 95% 1.430 - 20.426). Elderly women with impaired cognitive function (MMSE score> 23) are at risk of experiencing a dependency level of 4.5 times in fulfilling daily activities compared to elderly women whose cognitive function is normal. Conclusion: The decline in cognitive function in the elderly is the biggest cause of the inability to carry out normal daily activities and also the most common reason for being dependent on others to take care of themselves. It is hoped that services at the nursing home, especially caregivers, can improve the quality of services for the elderly by increasing overall attention both by providing a holistic, comprehensive diagnostic effort, by paying attention to the role of the elderly so that the quality of life of the elderly can be improved.
Factors Associated with Preventive Practices of Type 2 Diabetes Mellitus
Authors: Kusariana Nissa , Hardiyanti Tutut Okta , Wurjanto Moh. Arie
Published: October 2021

Background: Diabetes mellitus is a non-communicable disease that can be prevented by controlling the risk factors. Diabetes mellitus prevention practice is important so that prevention of type 2 diabetes mellitus can be carried out effectively. There are several factors that cause a person to practice prevention against diabetes mellitus. Objective: This study aims to analyze factors related to the practice of type 2 diabetes mellitus prevention among Diponegoro University students in Semarang. Methods: This is a quantitative study with an observational analytic approach and a cross-sectional study design. The time of research was May-August 2020. The instrument in this study was a google form questionnaire. The population in this study were active undergraduate students of Diponegoro University in 2020, amounting to 36,425 students. The sample size in this study was 407 respondents. The variables of the study were family history of type 2 diabetes mellitus, knowledge level, attitude, family support, and preventive practices of type 2 diabetes mellitus. This study used univariate analysis and bivariate analysis. The relationship test was performed using the chi-square test on a computer application. Results: This study showed there was a significant relationship between family history type 2 diabetes mellitus (0,017), knowledge level (0,00), attitude (0,00), and family support (0,00) for the preventive practices of type 2 diabetes mellitus in students. Conclusion: Family history of type 2 diabetes mellitus, knowledge level, attitude, and family support are factors related to the preventive practices of type 2 diabetes mellitus among students of Diponegoro University in Semarang. There is a need for education and provision of information related to knowledge on diabetes mellitus prevention for students at Diponegoro University, Semarang.
Evidencias psicométricas de Inventario SISCO SV-21 para el estudio del estrés académico en universitarios peruanos
Authors: Olivas Ugarte Lincol Orlando , Morales-Hernández Shanny Fiorella , Solano-Jáuregui Milagros Kateryn
Published: October 2021

Esta investigación instrumental se realizó con el objetivo de analizar las evidencias psicométricas del inventario SISCO SV-21 en universitarios de Lima Metropolitana. Participaron 560 estudiantes de universidades públicas y privadas, de ambos sexos, entre 18 y 50 años. Se corroboró el ajuste del modelo de tres factores correlacionados mediante un análisis factorial confirmatorio: CFI=.929, TLI=.920, RMSEA=.083 [.078-.088], SRMR=.061. Asimismo, la confiabilidad se estimó con el coeficiente omega (ꞷ>.80) para los tres factores: estresores=.90, síntomas=.89, y estrategias de afrontamiento=.89. Por lo tanto, se concluye que el Inventario SISCO SV-21 reúne evidencias de validez y confiabilidad para su uso en universitarios de Lima.
Vector Strategy of Formation of the Compensating Current of Shunt Active Filter In Sliding Mode
Authors: Mysak Taras Volodymyrovych
Published: October 2021

A space-vector strategy for controlling of a three-phase shunt active power filter (SAPF), which is connected to a utility grid in which there is a nonlinear load, is proposed. The filter consists of a semiconductor voltage inverter with fully controlled switches, a capacitive storage and a single-link output RL filter. The DC voltage of the storage capacitor is stabilized by a second-order sliding mode, which is based on the implementation of a finite double-twisting algorithm. To form the compensation current, an indirect control strategy and a space-vector algorithm for tracking the instantaneous value of the current of the "parallelogram" type are used. Space-vector method avoids ambiguity in the choice of vectors of the output voltage of the inverter under the solution of the problem of current tracking. The proposed algorithm uses the methods of projective geometry to determine the relative position of the spatial vectors of voltages and currents of the power supply system, so it does not contain the difficult mathematical operations for calculating inverse trigonometric functions. The selection of the appropriate output voltage vector of the SAPF inverter on the location of the end of the current error vector relative to some switching lines is based. Switching lines from the projections of the two-dimensional sliding surface on the plane α-β are formed. These projections are subject to further linear transformation, the matrix of which is non-degenerate. Linear transformation of projections of these sliding surfaces includes sequential operations of rotation at a fixed angle, parallel movement and application of the rotation matrix. This rotation matrix has constant coefficients, which change abruply at some points in time. The classical method of equivalent control is applied. The transition from one group of coefficients to another occurs based on the spatial location of the equivalent control vector, the coordinates of which are calculated in real time. The choice of the rotation matrix provides unambiguous determination of the spatial position and the choice of the corresponding output voltage vector of the SAPF inverter. A simulation model of the power supply system with a two-dimensional sliding mode and taking into account the features that are inherent in the real-time sliding mode is built, and the simulation results are analyzed. The "switching freeze" method to eliminate chattering was used. The proposed strategy with the traditional three-channels hysteresis algorithm of the compensation current tracking  according to the criteria of the number of switches is compared.
Improving of the Probing Signal’s Spectral Content for Devices Nuclear Magnetic Logging
Authors: Manzhelii Anton Yu. , Zahranychnyi Artur Volodymyrovych
Published: October 2021

The method of nuclear magnetic logging (NML) allows to distinguish easily enough the intervals in which there are hydrocarbons and to forecast their extraction. Moreover, the principles of measuring using this method are simple enough, despite the difficulties of processes. There were described method of improving spectral composition of probing voltage NML device in this article. The disadvantage of the method is that the resonance area covers all reservoir fluids. Therefore, search for a way to reduce the frequency spectrum and extend the range of the device of nuclear magnetic resonance is a rather urgent task. In the article is stated that within conducting researches is necessary probing signals of large capacity. In this case, it is more appropriate to use switch mode of the power converters. The system of multilevel inverter is created on the base of these converters that allows to get probing signal simply enough. A three-level inverter that generates high-frequency pulses is considered. A virtual model of the converter is constructed together with smoothing and resonant filters, which generate the probing voltage in nuclear magnetic resonance (NMR) devices, using a modified Carr-Purcell-Meiboom-Gill sequence. The result is a wide range of voltages with side harmonics, which have the significant influence on the output signal relative to the base frequency which the NMR device is tuned. The analysis of the harmonic composition of this voltage is conducted. Calculations of intermodulation distortion coefficients for the first and two side harmonics are given. To reduce the influence of side harmonics in the output signal on the quality of measurement by NMR devices, it is proposed to implement additional generators with the phase difference between the side harmonic and the initial phase will be a half of period. The inductors used are transformers that have a ratio of primary and secondary windings of 1: 1 and the secondary winding has the same value of inductance as the replaced coil that was in the model without modifications. Anti-phase side harmonic generators are connected to the primary windings. In this way additionally implemented a galvanic isolation between the generator and the main signal. As a result of simulation of such a converter is obtained an alternative spectral composition of the output signal. After calculations and comparison of the obtained coefficients, it is shown that the proposed method really improves the spectral composition of the output signal. The disadvantages of using this method of spectrum improvement are considered as well. The relative voltage improvement in the case of a 30 ohms load is calculated. The simulation results of the proposed method show an improvement in the spectral composition of the probing voltage by ~ 2.68 times. With this method, it is possible to dampen unwanted side harmonics by adjusting the appropriate frequencies and initial phases so that the generator is always running in antiphase.
The Impact of the Quark’s Monopole Properties on the Unification of the Fundamental Physical Forces
Authors: Roza Engel
Published: October 2021

It is shown that the four fundamental physical forces, i.e. weak interaction, strong interaction, electromagnetism and gravity, all have their origin in the quark as the single true elementary particle.This requires conceiving the quark as a Dirac particle in a pseudo-tachyon mode, which possesses two real dipole moments: the common one associated with its angular momentum and a second one that is polarisable in a scalar field. This Dirac particle carries a regular charge magnetic monopole without Dirac’s string, theorized by Comay. The boson carrier of its field of energy is the gluon showing an exponential decay of its spatial range because of the influence of an omni-present energetic background field, known as the Higgs field, in this article interpreted as the Lambda in Einstein’s Field Equation.
Characterization of Low-Cost Inkjet Printed-Photonic Cured Strain Gauges for Remote Sensing and Structural Monitoring Applications
Authors: Kerminen Juho , Wiklund Jenny , Karakoç Alp , Ruttik Kalle , Jäntti Riku , Yi̇ği̇tler Hüseyi̇n
Published: October 2021

In the present work, cost-effective strain gauges were fabricated by using inkjet printing and photonic curing on flexible and recyclable PET substrates. Ohmic resistance (a.k.a. DC resistance) (R0) and complex electrical impedance (Z) as a function of test frequency were characterized, respectively, with the state-of-the-art electronic testing equipments. For the fabrication process, commercially available silver nanoparticle (AgNP) inks and printing substrates were used in order to eliminate any apriori ink processing. In order to validate the in-house cantilever beam measurement setup and devices, first, commercially available metallic foil strain gauges (with the provided gauge factor GF=2 by the manufacturer) were tested at different locations. Thereafter, the printed strain gauges were investigated with several repetitions at different measurement locations. The measurement results demonstrated an affordable, rapid and tailorable design and repeatable fabrication approach for strain gauges with GFavg~6.6, which has potential applications in remote sensing and structural monitoring applications.
Digital Twin: An Oracle for Efficient Crowdsourcing of Research & Technology Development through Blockchain
Authors: Ducrée Jens
Published: October 2021

Since its inception in the late 2000s, blockchain has emerged as a powerful tool for creating trust without intermediaries to incentivize global communities for working for a common goal, such as the improvement of its very ecosystem, its applications and community adoption. While first blockchains were mainly devised for confirming transactions of their innate cryptocurrencies like Bitcoin, smart-contract blockchains like Ethereum can interface with the real-world through so-called “oracles”, which feed trustful off-chain information. This paper introduces digital twins of physical objects and processes as computational oracles to effectively unleash the tremendous opportunity offered by blockchain to the realm of fundamental science, research and technology development (RTD). The crowdsourcing concept is illustrated with the example of centrifugal flow control in microfluidic “Lab-on-a-Disc” (LoaD) systems.
My school is my nation project: paths for the construction of school identity
Authors: Lacerda Renata Pereira de , Marques Rosebelly Nunes
Published: October 2021

This study presents and discusses the actions for the implementation of a project. The project was started in a school unit in the State Education Network in the state of Sao Paulo in the Integral Education [PEI], located in the city of Piracicaba – SP, as a way to guarantee the expansion of democratic management within the school, The objective of this work was to present and discuss the relationship between the constitution of the project in a comprehensive way, with the results of the actions that have already been carried out at the school. The school’s documents were analyzed, as well as the legal documents and the relevant bibliography. These all have a purpose to theoretically support the project, giving it a well-founded basis for its implementation. The purpose is to expand the democratic rights within the unit to allow Class Assemblies, corroborating with the democratic management, which will provide the school with a path towards its own identity. Along with the studied literature, the school’s internal documents and the results of the actions already carried out at the school, all validate the project’s viability. There is legal support for its implementation by meeting these proposals. Positive results corroborated the continuity of the successful practices by the analysis of data and the actions already carried out at the school which gives the full implementation of the project.
Proactive law and reactive law: transformation of legal systems in the face of great challenges
Authors: Przhilenskiy Vladimir
Published: October 2021

The paper substantiates the thesis that the distinction between proactive and the reactive rulemaking [lawmaking] becomes much more distinct and significant in crisis periods of societal development. In such periods, when social systems face huge challenges, the corresponding transformation of legal systems either follows the logic of preserving existing institutions and values (reactive law), – alternatively – goal-setting is based on lawmaking aimed at transforming the social reality (proactive law). Both proactive and reactive lawmaking can come into conflict with the existing constitution, moving society to change it by bringing it into compliance with changed goals and values or changed social realities. In this regard, the fundamental differences between proactive law and reactive law are determined, based on the necessity of introducing these understandings into the conceptual space of social legal analysis. In addition, the concept of anticipatory rulemaking, which has become widespread in Russian legal publications, is analyzed, and the irrelevance thereof to the purposes of the research in question is shown. The concept of proactive law is analyzed in more detail and depth, resulting in identification and description of two main types of this kind of rulemaking. The first type, called pragmatic proactive law, is rulemaking based on practical objectives. This type is characterized by an intention to change social reality without affecting the values of the society being reformed through development and adoption of new laws. Unlike the first one, the second type is initiated by a process of value reassessment and abandonment of old ideals in favor of new ones. The desire to restore the lost correlation between the system of values and social practices gives birth to ethico-teleological proactive law or value-based rulemaking. The transformations in legal systems during the last decade are further considered and analyzed in the context of the major challenges whose impact entails the need to choose between proactive and reactive rulemaking, and – in the instance of proactive rulemaking – gives rise to a dichotomy of the pragmatic-goal-oriented type and the value-based type. It is concluded that it is necessary to include a conceptual-and-methodological model of analysis in the toolkit of analysis of the lawmaking policy of present-day Russia, especially in evaluating the consistency of innovations with constitutional identity.
Spoilers as a form of abuse of power
Authors: Blokhin Pavel
Published: October 2021

In the article the author specifies some general theoretical approaches to the concept of abuse of power, which were outlined by him earlier in his article «Abuse of Rights and Abuse of Power: To the Formation of a Unified Doctrine» published in one of the issues of this journal. In the introduction, the author proposes the concept of spoilers as a form of abuse and defines it in a following way: a participation of representatives of public authorities in the distribution of limited resources, which has the sole purpose of hindering (blocking) the exercise by citizens of their right to free expression of opinion (Article 29) and the right to participate in the life of the state (Part 1 of Article 32) and which is therefore unacceptable within the meaning of Article 18 of the Constitution of the Russian Federation. The main part of the article discusses possible illustrations of spoilers in the following areas of legal relations: the organization of public assemblies (including in single specially designated places), participation in public hearings (in particular, on the adoption and amendment of land use rules), initiation of a federal referendum (namely, challenging the decision of the election commission to register a regional subgroup of the initiative group). Finally, in the last part of the work, the author briefly examines possible models of legal regulation of countering abuse of power, and also warns against uncritical (politicized) use of this category, since this, in turn, may be fraught with violations of citizens' rights. According to the author, among such models are ex ante mechanisms (amending the current legislation and construing the norm in a constitutionally biding manner) and ex post mechanisms (application of the principle of inadmissibility of abuse of power by a court of general jurisdiction when considering a specific dispute), each of which has its advantages and disadvantages.
The constitutional human rights in Uzbekistan: positivism, traditionalism, and a cautious shift towards international legal standards
Authors: Ismatov Aziz
Published: October 2021

Until recently, unofficial interpretations of the situation with human rights had remained as an unspoken taboo in Uzbekistan, whereas foreign observers harshly criticized the country, pointing out systematic violations and restrictions of rights by the state. Indeed, not many could predict that the new President Shavkat Mirziyoev, who was elected in 2016, would initiate steps towards improving the human rights situation and, simultaneously, face specific challenges. The 1992 Constitution was developed within the complex transition process from socialism to market economy. This Constitution devotes an entire chapter to human and citizens’ rights. Initially, some authors expected that the Constitution would integrate rights in the context of natural-legal ideas. However, Uzbekistan has largely preserved and strengthened the positivist approach towards constitutional rights, designating the state to grant and limit those rights. The paradox of this situation is that Uzbekistan’s tendencies conflict with the general trends of the post-socialist constitutionalism since the country practically did not change constitutional provisions’ evolutionary development. On the other hand, in the post-socialist Eastern European countries and some former USSR republics, the collapse of socialism led to a constitutional revolution. The author applies historical analysis and cognitive constitutionalism methods to explain a paradox of impossibility to root natural-legal ideas within the (1) deeply-rooted Soviet positivism and (2) revived pre-Soviet traditionalism. On the other hand, the historical 1992 Constitution preparatory process, guided by the special Working group and headed by Islam Karimov, and the theory of human rights in Uzbekistan inherited a strong influence from the doctrine of the Soviet constitutionalism; its positivism, dogmatism and normativism. On the one hand, the author focuses on the impact of traditionalism revived after 1991 in national customs, behavioural attitudes, or social values; and paternalism that had transformed into a “super-presidentialism”, which widely continued a principle of the state’s priority above the individual. In conclusion, the author points to the existing legal imperfections of the constitutional text, and offers approaches to shorten the gap between the supporters of positivism in the 1992 Constitution and the natural right theory’s followers.
Constitutional justice and civil society in search of dialogue
Authors: Dzhagaryan Armen
Published: October 2021

The Russian constitutional justice is going through a stage of deep reforming. Both the nature of the participation of the Constitutional Court of the Russian Federation in the constitutional reform of 2020, as well as the content itself and regulatory consequences have exposed a serious value and institutional crisis of the identity of the Constitutional Court of the Russian Federation in the State-legal system. The main vector of the reform declared in order to “strengthen the role of the Constitutional Court of the Russian Federation” is essentially resulted from the authoritarian, not humanistic paradigm, and leads to the development of the integration of constitutional justice into a unified system of public power remaining without proper legal deterrence. The noted crisis of the identity of the constitutional justice, which reflects the general problems of Russian constitutionalism, is to a large extent a product and expression of a fundamental communicative constitutional crisis, failures in establishing a constitutional dialogue between the government and civil society. At the same time, constitutional justice is not only the object of this communication with its defects and dysfunctions but should act as one of its main subjects, it has a unique extremely important potential for implementing the values and practices of constitutional dialogue with civil society, especially in the conditions of post-socialism. The constitutional dialogue also characterizes the content side of the constitutional justice itself in its modern understanding. In this context, the article discusses both general issues related to the understanding of constitutional dialogue itself and its importance for constitutional justice, as well as some more specific problems of implementing the dialogic model of constitutional-judicial control in Russian realities. Determining the direction of the further evolution of the constitutional justice, which has a unique potential for self-transformation, in any case, is an important area of responsibility of civil society, which itself must remain resolute in organizing the constitutional dialogue, not avoid attempts to initiate it and insist on it.
The legal phenomenon of lex sportiva in the international sports law
Authors: Bredikhin Artem
Published: October 2021

The development of sports law is directly related to the nature of sports, whose legal relations must have uniformity and stability, achieved through regulation by special rules created by international and national sports organizations – lex sportiva. This paper is devoted to lex sportiva as one of the most important tools for regulating cross-border relations in the field of sports. The author examines the origin and legal nature of lex sportiva as well as its impact on national legislation in the field of sports. Moreover, the author elaborates on possible meanings of this notion: lex sportiva as a set of rules of self-regulation, as a set of decisions of the Court of Arbitration for Sport, as a legal principle, as a phenomenon of implementation, and as a criterion for determining the amount of compensation. The author discusses the use of lex sportiva by the Court of Arbitration for Sport in the context of dispute resolution, since this court has formed an extensive judicial practice throughout its existence, which, together with the rules of national and international sports organizations, forms an important part of lex sportiva. In this regard, the author draws parallels with the related source of cross-border law – lex mercatoria, and also considers situations in which there are conflicts between lex sportiva and the norms of international law and rules of national legislation. In the field of sports, such legal conflicts are resolved by the principle of lex specialis derogat legi generali, according to which the rules of lex sportiva prevail over national law, providing a principle for the autonomy of sports. The first mention of the recognition of this principle is contained in the sources of law of the European Union. Finally, the author comes to the conclusion that the generally recognized two-dimensional understanding of lex sportiva as a doctrine and as a set of norms of self-regulation in sports is outdated, since it does not fully reveal the essence of the legal phenomenon, since it does not reflect all its properties which are manifested in the situations of legal regulation of relationships in the sports field. The exclusive role of lex sportiva is predicted to resolve international legal and organizational conflicts in the field of sports caused by the COVID-19 pandemic.
Content of the Martens’ clause
Authors: Sechin Daniil
Published: October 2021

The article is devoted to internal content of the Martens clause, which is an important social relations regulator. The practical relevance of this research is justified by existing armed conflicts, as well as by the fact that it fills the legal vacuum arising in situations that are unresolved with international treaties and customs. Moreover, the Martens clause is one of the links between international humanitarian law and international human rights law, which provides the necessary level of legal protection for all parties in armed conflicts. Accordingly, the regulatory role of the Martens clause is increasing which can be found in judicial practice. However, there was no examination of the relationship between morality and the Martens’ clause content. The main aim of this study is to identify the moral meaning and content of the principle of humanity and public consciousness, because the potential discrepancy of this provision may cause risks in the protection of rights of armed conflicts participants. Unclear content of the clause necessitates the application of externalist approaches to legal concepts. Application of ethical and philosophical methods makes it possible to disclose the correlation of moral laws and armed conflicts, understand the moral content of the requirements of public consciousness and the principles of humanity. Moral relativism and absolutism in relation to armed conflict are analyzed. Based on their correlation, the risks of moral self-elimination and leveling of morality are described as the problem of contradiction of absolute moral laws and the essence of armed conflict. To solve this problem an attempt is made to formulate a moral law which will combine the requirements of public consciousness and the principles of humanity. The conclusion of the study is that moral content of the requirements of public consciousness is in active actions dictated by the aim of getting long and just peace. The principles of humanity are reflected in the principle of limited universalization of the actions of participants in armed conflicts. This moral law contains a moral justification for the actions of a combatant, as well as a restriction of actions based on limited universalization.
Compulsory jurisdiction under the law of the Sea Convention: its achievements and limits
Authors: Kawano Mariko
Published: October 2021

Part XV of the United Nations Convention on the Law of the Sea (UNCLOS) establishes a special regime for the settlement of international disputes concerning its interpretation or application. Thanks to the mechanism of the enhanced compulsory jurisdiction provided by Section 2, various cases have been referred to the court or tribunals. Accumulation of the precedents has contributed to the clarification of the interpretation and application of the provisions relevant to the functions of the compulsory jurisdiction of international court and tribunals. This article examines the achievements and limits of the dispute settlement mechanism of Part XV. As far as the choice of the procedures in accordance with Article 287 is concerned, it is possible to say that the choice made by State Parties is respected as much as possible. Article 286 sets out the following requirements for a State Party to resort to the compulsory jurisdiction under Section 2: existence of a dispute concerning the interpretation or application of the UNCLOS; no settlement has been reached by recourse to Section 1; subject to the limitations and optional exceptions in accordance with Section 3. With regard to the first requirement, the ITLOS and arbitral tribunals have examined the subject-matter of the dispute before them and have tried to identify those concerning the interpretation or application of the UNCLOS. It is possible to say that examining the second requirement, the ITLOS and arbitral tribunals have emphasized the sound function of the compulsory dispute settlement mechanism under Section 2. As the third requirement relates to the scope of the compulsory jurisdiction of the court and tribunals, the ITLOS and arbitral tribunals have strictly interpreted the terms of Articles 297 and 298. Their Strict interpretation have allowed the Applicant to resort to the compulsory dispute settlement under Section 2. It is also necessary to note the strategic use of Article 300 in the arguments concerning the breach of the obligations under the UNCLOS in various precedents.
Mosques in Japan Responding to COVID-19 Pandemic: Infection Prevention and Support Provision
Authors: Kotani Hitomu , Tamura Mari , Nejima Susumu
Published: October 2021

Religious activities tend to be conducted in enclosed, crowded, and close-contact settings, which have a high potential of transmitting the coronavirus disease, 2019 (COVID-19); therefore, religious communities are expected to take appropriate infection prevention measures. Meanwhile, during past disasters, religious communities have provided various types of support to affected people; hence, their role in disaster risk reduction has received much attention. In this study, we aimed to identify the infection prevention measures and support provision implemented by mosques—Islamic institutions managed and operated mainly by foreign Muslims living in Japan—during the one year from January 2020. We collected information from newspaper articles (18 articles on 19 mosques) and interviews with representatives of three mosques. We found that various infection control measures were implemented in mosques—refraining from mass prayers and closing buildings from an early stage (around February 2020); canceling large-scale events during the month of Ramadan; moving some activities online; and ensuring indoor ventilation and safe physical distance even when continuing face-to-face prayer activities. We also found that various types of support were provided by mosques—donating masks to the local government; listening to problems of people affected by COVID-19 regardless of their nationality; providing financial support to them; translating and disseminating information to foreign Muslims; and providing religious meals for them. This study provides actual examples of infection prevention measures taken by mosques in a Muslim-minority society and suggests that mosques appropriately responded to the needs of religious minorities during disasters, including COVID-19.