bluuebunny/crossref_metadata_2025 huggingface dataset:
Algorithms for Managing the Redundancy of Onboard Equipment Complexes of Mobile Objects. Part 1. Paired Arbitration of Conﬁgurations
Authors: Ageev A. M. , Bukov V. N. , Shurman V. A.
Published: May 2022

The article solves the task of an operational choice of the most suitable conditions for the functioning of the configuration of the components of a redundant onboard equipment in the interests at the same time as ensuring the high fault tolerance of the complex and the achievement of its other performance and technical characteristics. The basis of the redundancy management system is the program subjects in terms of the number of well-developed competitive configurations of heterogeneous and non-communicable equipment complex, called configuration supervisors. The choice of preferred configuration is proposed by performing a multi-level arbitration, which includes the comprising two phases of the pair arbitrator of the computers of the complex and the paired arbitration of configuration supervisors. To ensure the reliability of the competition in the conditions of possible collisions related to the unreliability of information parcels in a pair or with failures of arbitration modules, procedures have been introduced consisting in mutual cross-checking of information parcels between the supervisors of the pair. In case of conflicts when choosing a preference, mutual replacement of the inputs of the arbitration modules and re-evaluation of preferences is provided. The means of both types of arbitration are invited to include in each configuration supervisor, which ensures its self-sufficiency with participation in a competitive selection. The first part of the article is devoted to the paired arbitration of configuration supervisors that implements mutually crossanalysis of readiness indices and indicators of the functional efficiency of configurations combined into a pair. The brute force organized by any way allows you to identify the preferred configuration for subsequent implementation. Two options for paired arbitration of configurations of various complexity and efficiency with binary estimates of preferences (simplified and complete), as well as an arbitration option with triplex preference estimates are also proposed and analyzed. The results of the comparison of the arbitration options are presented, which is selected by the developer based on considerations of guaranteed presence or restrictions of the system design. A methodological example is given illustrating the possibilities of paired arbitration of configurations and its features of a practical nature.
Ethnic components of the formation of the Ukrainian nation in historical interpretations
Authors:   Taras Shevchenko National University of Kyiv, Fomin Denys
Published: May 2022

The article attempts to analyze the peculiarities of the origin and development of Ukrainian ethnogenesis in modern historiography. The study of ethnic problems as such in general and ethnogenesis as a component of ethnic processes in the domestic scientific literature occupies an important place. The study of ethnic processes in Ukraine became especially relevant after the country’s independence, which caused an urgent need to have, in particular, a real scientific and historical concept of the origin of Ukrainians. Currently, the study and analysis of this topic is extremely important, because thanks to the fruitful study and comprehensive analysis of the origin of the Ukrainian nation, the future generation will form a clearer understanding of the sources of Ukrainian ethnogenesis, traditions and customs, cultural identification, national traits, patriotism, representation of Ukrainian nation in the worlds’ historical and political arena, etc. It is worth to mention that the study of concepts of the origin of the Ukrainian nation is one of the most difficult discussions of today. After all, shortly after the formation of the first concepts of the ethnogenesis of Ukrainians, various historiographical generalizations of this problem began to form, which were built mainly in the form of criticism of representatives of various historiographical schools. They defended different, sometimes directly opposite, views on the origin of the Ukrainian people. After the proclamation of Independence in Ukraine, the need arose in society to search for historical sources of national identity. This led to the active emergence of new or popularization of existing ethnogenetic concepts. Most of them fall under the notion of quasi-scientific because of their doubts about the original sources and rather free interpretation of historical phenomena and events. The West and the East of Ukraine are characterized by a completely opposite attitude to the same events and historical figures. Public authorities need to pay close attention to the development of a national idea, the search for national symbols and leaders. The article revealed the problems of the Ukrainian ethnic border in the works of researchers, as well as analyzed the ethnic components of the formation of Ukrainian nation and culture.
REVIEW OF THE MONOGRAPH BY S. V. MASHKEVICH «History of the Kiev Urban Transport. End of XIX – Beginning of XXI Century. Kiev: VARTO, 2019. – 680 p.»
Authors:   Taras Shevchenko National University of Kyiv, Kapeliushnyi Valerii
Published: May 2022

The monograph by S. V. Mashkevich «History of the Kiev Urban Transport. End of XIX – beginning of the XXI century» is reviewed. It is noted that the monograph in question is the first comprehensive study of the history of Kiev urban transport in historiography. It tells about the history of the Kiev City Railway Society as a private enterprise and describes in detail the urban transport as a new public urban subspace. The new tasks facing the transport system of Kiev in the XX and at the beginning of the XXI century and the methods of their solution are characterized. It is shown how the system emerged from three crises, and a comparison of these three situations is put forward. Patterns of the evolution of Kiev transport are established and analyzed; four transformations of Kiev urban transport as a system are analyzed; it is substantiated when and how feedback phenomena took place in this system and what was their effect. The conclusion is that the reviewed monograph as a whole makes a positive impression; the author has successfully carried out all his research tasks. This work is a significant contribution to the historiography of Kiev.
Interview with Professor Andrey Ustinovich Lekmanov
Authors: Sviridov Sergey V.
Published: May 2022

Dear readers!
We are opening a new section of the magazine: Interviews with leading experts The rubric includes meetings with leading doctors of various specialties. For each such meeting, the interviewer makes a selection of the most frequently asked questions in clinical nutrition and metabolism.
The purpose of the rubric is to be acquainted with leading Russian specialists in their field but always attentive and reasonable people who do not make hasty conclusions because a profession aimed at preserving human life and improving its quality does not forgive mistakes.
Today, the guest of the editorial office is Doctor of Medical Sciences, Professor Andrey Ustinovich Lekmanov, a well-known and respected pediatric anesthesiologist-resuscitator in Russia with 50 years of experience, who was at the forefront of domestic pediatric anesthesiology and resuscitation. The topic of this discussion Possibilities and prospects of clinical nutrition in pediatric anesthesiology and resuscitation is directly related to the activities of Andrei Ustinovich, who pays great attention to the issues of clinical nutrition of the patient in the intensive care unit.
A conversation with Doctor of Medical Sciences, Professor Andrey Ustinovich Lekmanov was conducted by the editor-in-chief of the journal Clinical Nutrition and Metabolism, Sergey Viktorovich Sviridov.
Pornografía no igualitaria: revisitando los argumentos basados en el daño
Authors: Chaparro Amneris
Published: May 2022

La pornografía es un lugar de disputa dentro del debate feminista. Este artículo se centra en uno de los argumentos del feminismo anti-pornografía con respecto a los daños directos e indirectos que supuestamente causa la pornografía. El daño directo involucra a quienes participan en la producción de pornografía; mientras que el daño indirecto incluye la violencia contra las mujeres; la desigualdad de género y el silenciamiento. El artículo tiene un enfoque ético-normativo, profundizando en si el argumento anti-pornografía es lo suficientemente sólido, así como su capacidad para plantear contra-objeciones. Se parte de dos nociones epistemológicas básicas: en primer lugar, que el orden cultural de género es el ámbito social donde se reproducen las expresiones de subordinación en detrimento de las mujeres. Y en segundo lugar, sobre el concepto de pornografía no igualitaria como distinción de otros tipos de representaciones donde la desigualdad no se presenta de manera sexualizada.
Men and Pornography: Illusions, Delusions, and the Struggle for Intimacy in Patriarchy
Authors: Jensen Robert
Published: May 2022

The radical feminist critique of pornography remains the most compelling analysis of sexually explicit material available, yet it is routinely marginalized in the dominant culture and in feminist circles. Why? Patriarchy is woven deeply into our lives, and denial or avoidance of the pathology of patriarchy is common. But men should embrace, not reject, radical feminism, not only for the sake of women’s liberation but for our own. The power of arguments from both justice and self-interest are particularly useful in helping men to understand and accept the radical feminist critique of pornography.
Tres modelos legislativos de la pornografía
Authors: Aránguez Sánchez Tasia
Published: May 2022

En este trabajo vamos a clasificar los modelos normativos que se han desarrollado en distintos países en materia de pornografía, trazando una analogía con la conocida división de los modelos jurídicos de la prostitución (prohibicionista, abolicionista y liberal). La finalidad de este ensayo es facilitar la reflexión acerca de los paradigmas teóricos que subyacen tras las alternativas normativas y encaminarnos así hacia aquellas medidas que sean consistentes con la agenda abolicionista en materia de pornografía. El abolicionismo sostiene que tanto la prostitución como la pornografía forman parte de una industria construida sobre la explotación y la vejación de las mujeres. Es necesario acoger un modelo legislativo abolicionista de la pornografía, que proteja los derechos de las mujeres.
Reconnecting Pornography, Prostitution, and Trafficking
Authors: Farley Melissa , Donevan Meghan
Published: May 2022

Pornography has been perceived as existing separate from prostitution and trafficking. We suggest that pornography, prostitution, and trafficking overlap conceptually and empirically. We discuss similarities between pornography and other arms of the sex trade such as escort, street, or massage prostitution via a review of survivor testimony and existing research. Women used in the production of pornography suffer the same adverse antecedents as those in other prostitution including poverty, childhood sexual abuse, racism, domestic violence, and the cultural mainstreaming of sexism. These factors groom and channel women into pornography, with pornographers using the same controlling tactics employed by other pimps. In pornography, women are subject to physical and psychological harms that are the same as those harms in other prostitution. We offer recommendations for holding those who perpetrate sex trade harms - pimps, traffickers, and sex buyers - legally accountable. We conclude that pornography should be legally and conceptually understood as one variant of prostitution and trafficking.
Harriet Martineay y Household Education (1849): ensanchando el canon sociológico
Authors: Navarro-Fosar María-Rocío
Published: May 2022

Harriet Martineau (1802-1876) fue una socióloga inglesa fundadora, frecuentemente ausente del canon sociológico histórico estudiado en las facultades de Sociología. Por ser una mujer cultivada y autodidacta del siglo XIX, racionalista disidente y ajena a la Iglesia Anglicana, fue excluida de la historia, cuando la disciplina sociológica tomó forma unas décadas después de su muerte. Este artículo rescata su figura para el mundo hispanohablante. El estudio de su obra permite ensanchar los orígenes de la teoría sociológica y contribuye a ampliar la arqueología intelectual del alumnado universitario. Household Education (1849), analizada en este artículo, es su principal obra dentro del campo la Sociología de la Educación. La Teoría Crítica Feminista, la Etnografía Institucional y elementos del Análisis Sociológico del Discurso constituirán los marcos teóricos y metodológicos de referencia en este artículo de investigación. La escuela doméstica de instrucción mutua, basada en un grupo doméstico ampliado regido por la igualdad, es el gran compromiso de esta autora para democratizar la familia y la sociedad.
Presentación del monográfico “Pornografía: una geografía sexual del poder”
Authors: Delicado-Moratalla Lydia
Published: May 2022

Introducción del monográfico
Reseña: Ángeles Rebollo Catalán y Alicia Arias Rodríguez (Coord.) (2021). Hacia una docencia sensible al género en la educación superior (Editorial Dykinson)
Authors: Sánchez Bello Ana
Published: May 2022

Reseña: Ángeles Rebollo Catalán y Alicia Arias Rodríguez (Coord.). Hacia una docencia sensible al género en la educación superior. Editorial Dykinson
Reseña: Tiganus, Amelia (2021). La Revuelta de las Putas. De víctima a Activista (EDICIONES B)
Authors: Díaz Lamas Sarah
Published: May 2022

Reseña: Tiganus, Amelia (2021). La Revuelta de las Putas. De víctima a Activista. Barcelona: S.A. EDICIONES B
The Civil Procedure Teaching Methodology in the Education Reformation Conditions (on the Example of the Immanuel Kant Baltic Federal University)
Authors:   Associate Professor of the Department of Civil Law and Procedure of the Immanuel Kant Baltic Federal University PhD (Law), Yaroshenko Tatyana V.
Published: May 2022

The issues of teaching civil procedural law (civil process) in the context of educational reform are considered; attention is paid to the Soviet period of teaching the discipline and the features of teaching in the modern period. The article touches upon new approaches to the methodology of teaching the civil process on the example of the Immanuel Kant Baltic Federal University.
Procedural Peculiarities of the Jurisdiction of Defamation Disputes Reviewed by General Jurisdiction Courts
Authors:   Attorney, Member of the Assessment Board of the Chamber of Lawyers of the Saratov Region Degree-Seeking Student of the Department of Civil Procedure of the Saratov State Law Academy, Kobzarenko Elena M.
Published: May 2022

The article examines the procedural features of determining the jurisdiction of disputes on the protection of honor, dignity and business reputation, considered by the courts of general jurisdiction, taking into account the elements of the claim, its characteristic features, provides specific examples of judicial practice on the issue of determining the competent court, generic (substantive), territorial jurisdiction of a dispute on protection against defamation, substantiates the need to change the rules of jurisdiction of claims against the media and owners of sites on the Internet. The author formulated specific proposals aimed at changing the rules on the jurisdiction of defamation disputes, referring such claims to an alternative jurisdiction at the choice of the plaintiff.
Why Should Parties to a Supply Agreement Be Attentive: Issues of the Consistency of the Subject Matter and Terms and Conditions
Authors:   Associate Professor of the Department of Civil Law of the Ural Branch of the Russian State University of Justice PhD (Law), Malyavina Natalya B.
Published: May 2022

In this article, the author analyzes the theory of civil law on the obligations associated with the supply contract, namely on the consistency of the subject of the supply contract, examines judicial practice and gives specific examples to justify the possibility of avoiding the recognition of the subject of the contract by the court as inconsistent, and as a consequence of the recognition by the court delivery contract not concluded. The author notes that the subject of the contract should be indicated most specifically, the parties should be careful about the classification of the goods, take into account national and international standards when agreeing on the subject of the contract, pay close attention to the quantity of goods and the rules for indicating it as a condition of the contract. The author points out the insignificance of differentiating goods on the basis of an individually defined thing and a generic one, arguing that the courts are equally demanding in the specification of the goods. The author, considering certain issues from judicial practice, gives recommendations for agreeing on the subject of the supply agreement, gives specific formulations of the terms of the supply agreement, which make it possible to recognize the subject of the agreement as agreed. As a result, the author recommends to the parties to the supply agreement, in order to avoid recognizing the supply agreement as not concluded, the parties need to formulate the subject of the agreement as clearly as possible, namely the conditions for the name and quantity of the supplied goods.
Extra-Procedural Appeals: An Analysis of the Legal Regulation and the Application Practice
Authors:   Associate Professor of the Department of Civil Law, Private International Law and Civil Procedure of the Law Institute of the Russian University of Transport, PhD (Law), Zaykov Denis E.
Published: May 2022

Non-procedural appeals are the most important legal institution aimed at creating conditions for ensuring the implementation of the principle of independence of judges in the administration of justice. The article deals with the problems of legal regulation of non-procedural appeals, as well as relevant judicial practice.
Problems of the Counter Claim Institution in an Arbitral Procedure
Authors:   Associate Professor of the Department of Justice of the Penza State University PhD (Law), Mescheryakova Anna F.
Published: May 2022

The article is devoted to the study of the institution of counterclaim in the arbitration process. The problems that arbitration courts face when deciding whether to accept a counterclaim and consider it are analyzed. Special attention is paid to the correlation of the terms of possible counterclaim with the terms of consideration of the case and the abuse of the right to file a counterclaim. Practical recommendations have been developed to address the gaps in the legal regulation of these issues.
Salvage in the International and Foreign Legal Practice
Authors:   Senior Lecturer of the Department of Civil Law and Procedure of the Law School of the Far Eastern Federal University Managing Partner of Verno Consulting Group, Romanov Andrey A.
Published: May 2022

The article is devoted to topical issues of maritime law in the field of regulation of relations for the salvage of people, ships and property in distress at sea. The international legal regulation of this issue is given together with a comparative legal study of the national legislation of some states on salvation at sea.
Disclosure of Evidence in an Adversary Civil Procedure
Authors:   Chairman of the Judicial Chamber on Civil Cases of the Kaluga Regional Court Associate Professor of the Department of Civil and Legal Disciplines of the Kaluga Institute (Branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), PhD (Law), Alieskerov Mizamir A.
Published: May 2022

The article examines the issues of the use of evidence that are important in the adversarial process. The author proposes that the persons participating in the experience cannot be deprived of the opportunity to apply the tactics. It is advisable to establish a rule according to which the court of first instance participating in the case can track the disclosure of evidence by this person before hearing the explanations of the persons participating in the case and questioning the witnesses participating in the case. The author also comes to the conclusion of the court about the inadmissibility of the first instance’s refusal to accept evidence on the grounds of their untimely disclosure. The application of the sanction does not allow ensuring the application of the principle of proportionality in relation to the substantive consequences for the violator. At the same time, such sanctions as a fine, recovery of compensation for the actual loss of time, recovery of court costs are possible. The actions of the court are also important, contributing to the situational consolidation of the international interests of the parties, in which both parties are interested in the disclosure of certain evidence.
Challenging Issues of Restitution of Civil Rights of Parties to Economic Relations
Authors:   Associate Professor of the Department of Civil and Legal Disciplines of the Astrakhan Branch of the Saratov State Law Academy, Judge of the Astrakhan Regional Court, PhD (Law), Stepin Aleksandr B.
Published: May 2022

The restoration of violated (disputed) civil rights in the sphere of economic relations is a complex intersectoral concept that represents the results of protective legal activity. Being derived from the content of the right to protection (Article 45 of the Constitution of the Russian Federation), restoration takes the appropriate forms of law-making (federal, regional, municipal), regulatory (normative, local, judicial, administrative), law enforcement (restorative, punitive), legal explanatory (domestic, international). Expressing the legal activity of the subjects of the right to protection and the subjects of the implementation of this right, the methods of restoring civil rights take place in a conflict legal relationship in the presence of a violated (disputed) right. In the absence of these conditions, the protective activity becomes imaginary, since it does not generate legal consequences for the applicant, and the adopted law enforcement act in such conditions is unenforceable. The protection of civil rights in the civil and administrative order is based on the observance by the parties to the conflict of the officially established order (procedure). Failure to comply with the requirements for the form of protection and the procedure is not allowed to exercise the right to satisfy the stated requirements and, as a result, restore the right.
On Appeal of the Ruling for Suspension of a Statement of Claim in a Civil Procedure
Authors:   Lawyer at Evseev, Voronov and Partners Limited Liability Company, LL.M., Evseev Evsey F.
Published: May 2022

The article is devoted to a critical analysis of the amendment, which excluded the right to file a private complaint against a court ruling to leave the statement of claim without progress in civil proceedings. The inconsistency of possible arguments in favor of this amendment is revealed. The substitute procedure for challenging this definition by appealing against the decision on the return of the statement of claim is analyzed, and its inadequacy to the problem being solved is revealed. Based on this, the author comes to the conclusion that it is necessary to return to the previous appellate procedure for appealing directly to the ruling on leaving the statement of claim without movement.
On the Determination of Persons Controlling a Debtor
Authors:   Founder and Head of Legal Protection Institute Limited Liability Company Member of the Association of Lawyers of Russia, Suvorova Svetlana V.
Published: May 2022

This article is devoted to the analysis of such an institution of insolvency (bankruptcy) legislation as subsidiary liability of the controlling persons of the debtor.
Physical Helplessness of the Aggrieved: The Position of the Court
Authors:   Associate Professor of the Department of Criminal and Penal Law, Criminology of the South Ural State University, PhD (Law), Gostkova Dinara Zh. , Shtefan Alena V. ,   Associate Professor of the Department of Criminal Law and Criminology of the Chelyabinsk State University, PhD (Law)
Published: May 2022

The purpose of the study was to establish the Court's position in determining the physical helplessness of the victim. It was found that the Supreme Court of the Russian Federation establishes two types of helplessness: mental and physical. The latter is related to the processes of development and vital activity of the human organism. At the same time, in law enforcement practice, physical helplessness is interpreted more extensively, including also external influence. The authors draw attention to the existing terminological discrepancies in the explanations of the Plenum of the Supreme Court of the Russian Federation on this issue. The result of the analysis of court practice has shown that the courts predominantly link the helpless state to the difficulties of movement of the victim, although they do not limit themselves to this. Also we stopped on the most widespread judicial errors and a number of disputable questions.
Systemic Issues of Defense in Criminal Cases on Business Crimes: Procedural Aspects
Authors:   Associate Professor of the Department of Criminal Law, Criminal Procedure and Criminalistics of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University), Expert of Platform for Review of Applications of Entrepreneurs (ForBusiness) Autonomous Non-Profi t Organization, PhD (Law), Klevtsov Kirill K.
Published: May 2022

In the article, the author touched upon and summarized some of the criminal procedural problems that lawyers face when defending their principals in cases of crimes committed in the field of entrepreneurial activity, as a result of which appropriate conclusions are drawn and ways to solve them are proposed.
Forms of the Attorney's Participation in Proving
Authors:   3rd Year Postgraduate Student of the Department of Advocacy of the Kutafi n Moscow State Law University (MSAL), Khvenko Tatyana I.
Published: May 2022

A lawyer, as an independent participant in criminal proceedings, is entitled to carry out activities aimed at independently detecting and obtaining information that has evidentiary value. This article discusses in detail the forms of participation of a lawyer in proof established by law, which allow the latter to independently collect information that has evidentiary value at the stage of preliminary delamination.
Principles of Attorney's Activities
Authors:   Postgraduate Student of the Kutafin Moscow State Law University (MSAL), Dorosheva Anastasia A.
Published: May 2022

In this article, the author carries out the comparative analysis of the principles of organization of advocacy, which are vested in the Russian legislature, with those vested in international regulations. At the same time, the author addresses to the common questions of the law principles and the ethics regulations, regulating the activity of advocacy.
Various Approaches towards the Understanding of the Nature of the Attorney's Professional Ethics
Authors:   First Vice-President of the Federal Chamber of Lawyers of the Russian FederationFirst Vice-President of the Federal Chamber of Lawyers of the Russian Federation, Tolcheev Mikhail N.
Published: May 2022

This article is devoted to various aspects of the formation of an understanding of the professional ethics of a lawyer. It considers such approaches as naturalistic, idealistic, deterministic or evolutionary. The article concludes that the study of the ideas of utilitarianism by J. Bentham and D. Mill is the most significant for the professional ethics of a lawyer, as an area of achieving practical goals.
Res Publicae
Authors:   Professor of the Department of Administrative Law and Procedure of the Kutafin Moscow State Law University (MSAL) LL.D., Professor, Agapov Andrey B.
Published: May 2022

The features of ownership, use, disposal of public things intended to meet national needs are investigated. Objects of private property are also included in the composition of public things at the discretion of the authorities in a state of emergency. Public things, unlike other property, are less inherent in the attributes of commercial use, obtaining commodity and other material benefits. Considerable attention is paid to the correlation between the regulation of the management of state and municipal property with non-public property, including things related to common ownership.
Realities of Public Administration and the Subject of the Administrative Science
Authors:   Professor of the Department of Administrative Law and Administrative Activities of Internal Affairs Agencies of the Ural Law Institute of the Ministry of the Interior of Russia LL.D., Associate Professor, Osintsev Dmitry V.
Published: May 2022

Тhe problems of research and understanding of the activities of a modern administrative system by the method of forming the conceptual apparatus of management science are often reduced to the fact that scientific works appear through a progressive dialogue of authors at the current moment in time, while the subject area of administration is not investigated, but constructed, the understanding itself the essence of administrative and legal phenomena is reduced to clarifying the meanings of statements and their interpretation, rather than examining objective phenomena and processes that representatives of the state administration have to face; this approach is more like a scholastic than a scientific one. In this regard, it seems more correct to study not the formal issues of the admissibility of certain legal structures in the legal regulation of the activities of the administrative system, but to study those challenges that really affect the formation of the object of such activity and subsequently the subject of administrative and legal research.
Integration as a Factor of Further Development of the Structure of the Russian Administrative Law System
Authors:   Professor of the Department of Administrative and Financial Law of the I.T. Trubilin Kuban State Agrarian University, Dolgopolov Aleksandr A. , Zherebtsov Aleksey N. ,   Professor of the Department of Administrative Activities of Internal Affairs Agencies of the Krasnodar University of the Ministry of the Interior of Russia LL.D., Associate Professor
Published: May 2022

The purpose of this article was the need to justify the thesis on the formation of qualitatively new integration elements (subsectors and institutions) in the structure of the system of modern Russian administrative law. Based on the analysis of the patterns of legal formations in the process of economic integration of states, as well as causal relations shows the impact of these entities on the transformation of the structure of the modern system Russia’s administrative law. The article presents the ongoing process of influence of the rules of integration right on the development of the structure of the system of modern Russian administrative law, due to international integration processes in the field of regulation administrative relations.
Problems of Conducting Mediation Procedures in Administrative Offense Proceedings
Authors:   Associate Professor of the Department of Civil and Legal Disciplines of the Central Branch of the Russian State University of Justice PhD (Law), Kutsenko Tatyana M.
Published: May 2022

This article examines the problematic aspects of the implementation of mediation procedures in proceedings on cases of administrative offenses. The study examines the positive aspects of the use of mediation procedures, identifies the shortcomings of the current Russian legislation that do not allow the use of mediation procedures in proceedings on cases of administrative offenses, the conclusion provides the author’s conclusion and view of the problem.
Peculiarities of the Application of Administrative Prejudice for Non-Violent Misappropriation of Another Person’s Property
Authors:   Associate Professor of the Department of Constitutional and Administrative Law of the Baikal State University PhD (Law), Associate Professor, Taskaev Nikolay N. , Yakimova Ekaterina M. ,   Acting Head of the Department of Constitutional and Administrative Law of the Baikal State University PhD (Law), Associate Professor
Published: May 2022

The mechanism for protecting public relations from unlawful attacks includes various elements. The use of instruments depends on many factors and is determined by the State. Administrative precedence is not a generally applicable instrument of criminal policy. In modern Russia, criminal compositions with administrative precedence have become widespread, including in the field of property protection. The specificity of the administrative prelude requires a reflection of this phenomenon and the identification of difficulties in the qualification of the relevant compositions.
Measures of the Administrative Liability for Offenses in the Fishing Sphere
Authors:   Postgraduate Student of the Pacific National University Head of the Legal Department of the Administration of the Ulchsky Municipal District of the Khabarovsk Territory, Russkova Marina A. , Stepenko Valery E. ,   Professor of the Department of State and Legal Disciplines of the Pacific National University LL.D., Associate Professor
Published: May 2022

The article considers the measures of administrative responsibility for violation of the rules of fishing and the rules of protection of aquatic biological resources, analyzes the judicial practice on the application of these measures of administrative responsibility and the practice of the territorial bodies of the Rosrybolovstvo of the Far Eastern Federal District. An attempt to find the effectiveness of administrative punishment in the field of fishing using scientific achievements of sociological and psychological sciences.
A Review of the Author’s Abstract of the Thesis by Elena V. Ovcharova: Administrative Coercion for Violation of Tax Laws of the Russian Federation as an Element of the Mechanism of the Legal Regulation of Taxes and Levies for the academic degree of LL.D.
Authors:   Honored Scientist of the Russian Federation Honored Lawyer of the Russian Federation Judge of the Constitutional Court of the Russian Federation Professor of the Department of Administrative and Financial Law of the Saint Petersburg State University LL.D., Professor, Knyazev Sergey D.
Published: May 2022

The reviewed paper is dedicated to a comprehensive study of various aspects of the use of administrative coercion in the mechanism of the legal regulation of taxes and levies in the Russian Federation, where the author justifies specific areas for the improvement of the administrative coercion support of taxation in the conditions of liberalization of the legal system and digitalization of tax activities.
Customs of the Law Enforcement Practice as a Means of Protection of Civil Rights of Parties to Economic Relations
Authors:   Associate Professor of the Department of Civil and Legal Disciplines of the Astrakhan Branch of the Saratov State Law Academy, PhD (Law), Associate Professor, Stepin Aleksandr B.
Published: May 2022

The customs of law enforcement practice are an expression of the effectiveness of the judicial and administrative procedure for resolving the conflict (Article 11 of the Civil Code of the Russian Federation). Implemented as rules-regulations, rules-requirements, rules-restrictions, rules-goals (preventing actions, fulfilling requirements) they express the objectified experience of individual legal activity. Despite the similarity of customs with related concepts (custom, routine, legal principles, legal positions), their existence is not proved, and they cannot be changed at the will of the participants in the legal relationship. In contrast to the custom, the party that refers to it must prove the existence of the custom (Article 65 of the APC of the Russian Federation). In contrast to the established order, customs may refer to unwritten individual regulation, despite their enforcement nature. From the legal principles and legal positions of the higher courts, as a form of guiding judicial practice, the customs reflect the development of current practice.
Due Notification in the Era of Digitalization of Justice in Civil Cases
Authors:   Senior Lawyer at ZNAKOV Company Intellectual Property Agency, Lecturer of the Department of Civil Procedure Law of the Kazan Branch of the Russian State University of Justice, Lukonina Yulia A.
Published: May 2022

The article raises the problem of notifying the participants in the civil procedure. The analysis is carried out on the institution of notification of persons participating in the case, through the prism of digitalization of the administration of justice in civil cases. The author examines the nature of the judicial notice, defining the conditions for the recognition of the notice as appropriate. The comparative legal method of scientific knowledge makes it possible to draw a parallel with the arbitration process and identify gaps in the legal regulation of the definition of proper notification in the civil procedural legislation. As digital configurations of judicial notice, the author provides examples of notification by means of SMS messages, as well as using the functionality of the courts’ official websites on the Internet and e-mail. The conditions for the recognition of such methods as appropriate are considered. The dialectic of digitalization of judicial notice in Russia is traced. For comparison, it is used the experience of foreign countries (Italy, South Korea, Great Britain). Based on the results obtained, taking into account innovations in the field of personal identification in the information and communication network Internet, it is determined a new method of notifying persons participating in the case using instant messengers. The author investigates the possibility of recognizing this method as appropriate, points out the merits of its use and the rationality of its recognition as an acceptable means of communication on the part of the judicial system.
On Forms and Tendencies of the Legal Regulation of Direct Democracy within the Framework of All-Russian Voting
Authors:   Associate Professor of the Department of State and Legal Disciplines of the Law Faculty of the University Associated with the Interparliamentary Assembly of the Eurasian Economic Community, PhD (Sociology), Ignatushko Irina V.
Published: May 2022

The article is devoted to the consideration of the institutions of direct democracy in Russian legislation. Particular attention is paid to the institute of all-Russian voting. An assessment of the role of the all-Russian vote in the context of the norms governing the forms of direct democracy is given. The prospects of the institute of all-Russian voting are analyzed from the point of view of integration into legislation. The legislation of the Russian Federation, dedicated to direct democracy, is characterized by stability in terms of the existing forms and the mechanism for the exercise by the people of their sovereign power, at the same time they are detailed, the emergence of new institutions. A new mechanism of legal regulation has been created for the all-Russian vote held in 2020 on amendments to the Constitution. The article notes the ambiguity of the legal assessment of the all-Russian vote, draws conclusions about the tendencies of regulation and forms of direct democracy in Russia.
Sexual and Reproductive Health and Rights (SRHR) and Maternal, Neonatal and Child Health (MNCH) in Bangladesh: Impacts of the Covid-19 Pandemic
Authors:   Institute of Development Studies, Hyrink Tabitha , Barasa Violet , Abbas Syed
Published: May 2022

The Covid-19 pandemic has exacerbated and drawn fresh attention to long-standing systemic weaknesses in health and economic systems. The virus – and the public health response – has wrought significant disruption on sexual and reproductive health and rights (SRHR) and maternal, neonatal and child health (MNCH) in Bangladesh. Known negative health outcomes include increased domestic and gender-based violence, child marriage, negative mental health, and adverse child health outcomes. This scoping paper for the Covid-19 Learning, Evidence and Research Programme for Bangladesh (CLEAR) aims to inform future research and policy engagement to support response, recovery, progress, and future health system resilience for SRHR and MNCH in Bangladesh, following the Covid-19 crisis. We present what is known on disruptions and impacts, as well as evidence gaps and priority areas for future research and engagement.
Descriptive Mapping of the Use of Digital Cash Transfer Modalities
Authors: Avis William
Published: May 2022

The scale-up of Cash and Voucher Assistance is catalysing rapid change in the humanitarian sector. In particular, the use of digital payments or e-transfers in humanitarian settings has increased significantly in recent years. This rapid literature review collates evidence from academic, policy focussed and grey literature on the use of digital cash transfer modalities and provides a non-exhaustive descriptive mapping of some of the modalities used by selected donors and organisations. Cash transfers are one of the most heavily researched approaches in humanitarian aid, evaluations have established that they can be effective at achieving a wide range of aims. These evaluations have also appraised the relative utility of different modalities for delivery. In many humanitarian crises, goods are available, but affected populations have lost the means to buy them. In such cases, cash transfers can be provided, enabling beneficiaries to choose how to use the money, giving them the dignity of choice. A digital or e-transfer is defined as the transfer of money or vouchers from the implementing agency to a beneficiary. Such transfers provide access to cash, goods and/or services through mobile devices, electronic vouchers, or cards. The term E-transfer is an umbrella term for e-cash and e-vouchers. Card-based systems allow the beneficiary to access cash (or commodities) via ATMs or merchants, possibly without the need for a bank account. Mobile transfers are a form of cash transfer occurring over mobile networks. Modalities for digital cash transfers are diverse and multifaceted influenced by context and available technologies. Modalities may include: Card-Based Systems Mobile Phone-Based Systems: Mobile Vouchers Mobile Phone-Based Systems: Mobile Money Biometric Technology Block Chain Despite potential benefits, practical challenges remain for programmes that try to leverage commercially provided digital payments. In a humanitarian crisis, the priority is to get payments out to those affected as quickly as possible. Often in nascent markets where digital payments do not have a large user base or supporting agent infrastructure, the logistics of using digital payments can cause unacceptable delays. In light of these challenges, digital payments, if used at all, are often disbursed through closed-loop systems. These are payment platforms created abroad, often for short-term use. They do not connect recipients to an account that they can use for storing, sending and receiving funds after the humanitarian response has ended.
Problematyka przedawnienia roszczeń w zakresie umów kredytów frankowych. Część 1
Authors: Makowski Bartłomiej
Published: May 2022

Początek XXI wieku to czas masowego udzielania przez banki kredytów denominowanych lub indeksowanych do franka szwajcarskiego. Kredytobiorcy, zapewniani o bezpieczeństwie i korzyściach, jakie niosą z sobą „kredyty frankowe”, podpisywali umowy zawierające liczne wady prawne, w tym niedozwolone postanowienia umowne (klauzule abuzywne). Aktualnie problemy takich umów kredytowych, jak abuzywność klauzul przeliczeniowych, niedopełnianie przez banki obowiązków informacyjnych wobec klienta przy zawieraniu umów oraz inne naruszenia przepisów prawa bankowego i cywilnego, mocno zajmują sądy krajów członkowskich UE, w tym sądy polskie, oraz TSUE. Kwestią dyskusyjną jest jednak przede wszystkim fakt uznawania tego rodzaju umów za nieważne w całości oraz związana z tym konieczność dokonania rozliczenia stron z tytułu coraz częstszego orzekania przez sądy nieważności tego rodzaju umów.

Rozważania zawarte w niniejszym artykule skupiają się na niezwykle istotnej na tle wskazanych sporów o nieważność umów kredytowych problematyce przedawnienia roszczeń kredytobiorców, którzy pozywając banki, żądają zwrotu uiszczonych przez nich na rzecz banków nienależnych ich zdaniem świadczeń od samego momentu zawarcia umowy. Wnikliwej analizie poddane zostało orzecznictwo sądów polskich oraz TSUE, którego wyroki wskazują, że bieg terminu przedawnienia może rozpocząć się dopiero z chwilą nabycia przez kredytobiorcę świadomości, iż zawarta przez niego umowa jest wadliwa, dzięki czemu możliwe staje się skuteczne wytoczenie powództwa.
Biomechanics Olympic Games: did it improve learning or just the final grades in the past 9 years?
Authors: Carpes Felipe P. , Rocha Emmanuel S. , Kunzler Marcos R. , Machado Mathias S. , Andrade Camilla F. , Morais Ana Carolina L. , Mendes Bruna C. , Paz Marieli M. , Pereira Maria Eduarda F. , Ferreira Vitória P. , Mello-Carpes Pamela B.
Published: May 2022

BACKGROUND: The Biomechanics Olympic Games (BOG) is a teaching method (see Carpes et al., Adv Physiol Educ. 2017;41(3):436-440) to facilitate biomechanics education. It has been conducted over the past 9 years and replicated in other universities, successfully reducing failing grades.
AIM: Therefore, a recurrent question is whether the BOG reduces failing grades by raising the physical education and physiotherapy students' final scores or favors improving education.
METHOD: To address this question, we considered retrospective data from two biomechanics courses for 9 years and analyzed their final grades considering or not including BOG scores in calculating final grades.
RESULTS: The score attributed to BOG did not determine the success rate because most class grades were enough to approve, regardless of BOG scores. In this sense, the BOG played the role of facilitator in the teaching-learning processes in biomechanics. We found that enrollment with BOG activities increased the average scores in the classroom by ~7% and reduced variability by ~3% compared to final grades without considering the BOG participation.
CONCLUSION: The BOG promotes biomechanics education, not by determining the classroom success rate but by promoting a more homogeneous learning development of the classroom.
The Need for Systems-Based Biomechanics to Understand the Causes and Consequences of Altered Muscle-Tendon Unit Function in Elderly Gait
Authors: Franz Jason R. , Finni Taija , Takahashi Kota Z. , Vanwanseele Benedicte , De Groote Friedl
Published: May 2022

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