bluuebunny/crossref_metadata_2025 huggingface dataset:
MODEL OF INFORMATION PLATFORM FOR ELECTRICITY DISTRIBUTION SYSTEMS PLANNING
Authors: Chernetska Yuliia V. , Zamulko Anatolii I.
Published: October 2021

Background. Implementation of the Smart Grid concept in Ukraine is under consideration, and it should become an integral part of the electricity distribution systems planning. One of the outstanding issues is exchanging the information on the distribution systems development between all stakeholders using modern information and communication solutions.
Objective. The purpose of the research is to develop a generalized model of information platform for electricity distribution system planning and expansion of Smart Grid technologies in the energy system of Ukraine.
Methods. The experience of the European Union (EU) in electricity distribution system planning, and specifically, the organization of interaction between stakeholders was analyzed. With the help of a system approach, the requirements of the existing in Ukraine laws and regulations on electricity distribution system planning were investigated. The model structure of the proposed information platform was formalized by the graphical tools of the unified modeling language (UML).
Results. It is determined that the EU organizes the information exchange for the purposes of electricity distribution system planning, using different tools in parallel: specialized institutions for communication of stakeholders; cooperation of energy regulators; reports of scientific institutions about Smart Grid project implementation; information technology platforms for modeling the electricity distribution system in cooperation with its users. The existing in Ukraine scheme of interaction between all actors directly or indirectly involved in electricity distribution system planning was investigated; it was proposed to develop an information technology platform “Ukrainian Smart Energy – USE” to eliminate the identified negative aspects of information exchange between the actors. The generalized structure of the USE platform was formalized using a UML class diagram; it shows the content of data available for viewing and required for publication by different classes of the platform users, depending on their functions.
Conclusions. The proposed model of information platform USE is the basis for further investigations directed to develop an appropriate information technology platform.
How Are Red and Blue Quasars Different? The Radio Properties
Authors: Fawcett Victoria Anne , Alexander David , Rosario David , Klindt Lizelke
Published: October 2021

A non-negligible fraction of quasars are red at optical wavelengths, indicating (in the vast majority of cases) that the accretion disc is obscured by a column of dust which extinguishes the shorter-wavelength blue emission. In this paper we summarise recent work by our group, where we find fundamental differences in the radio properties of SDSS optically selected red quasars. We also present new analyses, using a consistent colour-selected quasar parent sample matched to four radio surveys (FIRST, VLA Stripe 82, VLA COSMOS 3 GHz and LoTSS DR1) across a frequency range 150 MHz-3 GHz and four orders of magnitude in radio flux. We show this enhancement is driven by systems with small-scale radio emission (∼kpc) and peaks around the radio-quiet threshold (defined as the ratio of 1.4 GHz luminosity to 6μm luminosity) across the four radio samples. Exploring the potential mechanisms behind this enhancement, we rule out star-formation and propose either small-scale jets or dusty winds interacting with the interstellar medium; this will be tested in detail using new multi-band uGMRT data. Overall our results cannot be explained with a simple viewing angle hypothesis, and so may point towards red quasars representing a key phase in the evolution of galaxies.
Comparing the Environmental Sustainability of Vertical and Conventional Wheat Farming Using Life Cycle Assessment
Authors: Sørensen Morten Gulbrant , Olsen Stig Irving , Colley Tracey
Published: October 2021

Main purposes and research question: Wheat is the second largest grain crop by tonnage in the world and the largest in Denmark. Given the observed, adverse impacts on wheat yields of climate change and the importance of wheat in the human diet, the purpose of this study was to use life cycle assessment to compare conventional wheat farming with indoor vertical farming using hydroponics. Methods: Life Cycle Assessment was used to assess the base case systems up to the “farm gate” for 1 tonne of wheat grain. The processes contributing most of the impacts were identified, and scenarios were assessed to determine how much the impacts could be reduced. Results: The conventional system outperformed the base case vertical system in every impact category, due to the electricity consumption in the lighting system. The scenarios included increasing the efficiency of the LED lighting and using 100% wind energy, but the conventional system still outperformed the vertical system by significant margins in all impact categories. This was due to the low photosynthetic conversion efficiency and the high energy density of wheat. Conclusions: Until significant improvements are made to lighting efficiency, the photosynthesis conversion efficiency of wheat, new wheat variants designed for vertical gardens and the sustainability of electricity supply, conventional wheat production will be environmentally preferable and vertical gardens would be advised to focus on food products with low energy densities.
Investigate the situation using information technology in elementary physical education teachers
Authors: Forghani ozrudi Mohammadbagher , Raeispour Aliakbar , Raeispour Reza
Published: October 2021

Now day’s education is very important & more changes cause more attention to the training. These days training is the one of human body’s unavoidable needs. Training & increasing skills is a good way to encounter with the problems of today’s complex & changeable world. Education & especially training that train the new generation is the former need of a civilized society. The purpose of this research was Investigate the situation using information technology in elementary PE teachers of Babol city. The research type was descriptive, applicative and natural dispositional that was done by the field way. Statistical society included all the male & female employed elementary school’s PE teachers of Babol city. Statistical sample included 85 teachers that answered the questionnaire. The measuring tools were the Kalateahani (2009) (α=0.79). The used statistical way included the t-test & Pierson correlation coefficient. The research’s founding’s showed the teacher’s attitude about the IT was positive & there is a meaning relation among the skill, quantity of useag of them. About the use of IT & also there is not a meaningful difference among teacher’s attitudes about the use of IT in research & education task & quantity of need to education of them in difference sexuality & there is a meaningful difference among the skill & quantity of use of IT in research & education tasks in different education degrees.
Pedagogical management of resolving conflict situations in educational institution
Authors: Sergeeva Marina Georgiyevna , Lukashenko Dmitry Vladimirovich , Kunitsyna Maria Lvovna , Abdula-Zade Konstantin Zaurovich
Published: October 2021

The pedagogical process in an educational institution is determined by the interaction of individuals. Therefore, the decisive factor in the professional development of a teacher is the ability to act as a subject of pedagogical activity and build dialogical interaction with other subjects. Dialogical interpersonal interaction is a prerequisite for the efficient pedagogical activity in an educational institution. In the process of mastering dialogical skills, the professional development of a teacher is ensured. A significant part of the teacher’s professional competencies is associated with interpersonal communications, which focus our attention on the role of dialogical interaction in the professional development of a teacher. Pedagogical competencies are aimed at the implementation of professional activities and the ability to build competent dialogical interaction in the educational process. The optimal result of dialogical interactions is the mastering by the teacher of a certain set of knowledge, professional skills, and personal characteristics, which, in our opinion, could be considered as the criteria of professional growth. We believe that optimization of dialogical interaction between participants in educational relations requires special attention. In the educational institution, it is necessary to pay more attention to the implementation of the communicative potential of the individual, creating a comfortable educational environment for two-way communication. The communicative mobility of all subjects of interaction should be developed at pedagogical councils, training sessions, and parent-teacher meetings with the participation of a school psychologist.
Perilaku Konsumen Berdasarkan Religiusitas
Authors: Asiyah Siti , Hariri Hariri
Published: October 2021

This study aims to examine more deeply consumer behavior based on religiosity and halal awareness owned by Muslimah lecturers in Malang.This study uses a phenomenological study which aims to examine more deeply the personal experiences of Muslimah lecturers in purchasing products, especially halal cosmetic products. Phenomenological studies based on this aspect of religiosity and halal awareness are still rarely carried out. So that by doing this research, it will add to the knowledge base, especially in the field of consumer behavior.The focus of the problems that will be examined in this research is the first; is how the informants interpret the aspect of religiosity they have in influencing their consumption behavior towards halal products and the second; is how the relationship between religiosity and halal awareness owned by the informants, so that this will add to the treasures of scientific development, especially consumer behavior based on the aspect of religiosity. The results of the study show: First) The aspect of religiosity in the eyes of Muslim lecturers is interpreted as a form of "commitment" to their faith, so that the aspect of religiosity is the main consideration in the purchase/choice of halal cosmetics. Second) Religiosity and halal awareness have a close relationship, this is evidenced by the tendency of Muslim lecturers to prefer halal cosmetics over non-halal cosmetics. These results indicate that the higher the religiosity of the informants, the higher the level of halal awareness owned by Muslim lecturers in Malang.
MADURESE DEVERBAL NOMINALIZATION PROCESS
Authors: Hidayati Alfin Fuji , Nurhayani Ika , Choyimah Nurul
Published: October 2021

Nominalizations can be structured by adding affixes before or after root to create new words in language.  Madurese has several language aspects that have not been widely explored. Previous linguistic studies on Madurese mostly focused on morphological aspects such as Madurese affixation in general. Therefore, this research discusses Madurese Deverbal Nominalization Process (Noun Derived from Verb). The goals of this research are to identify what types of affixes which form deverbal nouns in Madurese and to know how the affixation process that forms the deverbal nouns in Madurese. For example: pa-mandi-an, the root is mandi (take a shower) after it attachés to confix (pa- -an) the word class category changes to noun pa-mandi-an, that is a bath room. This research is a descriptive qualitative research, and the data were collected from a Madurese short story entitled Tora (satengkes carpan Madura), which was written by Jamal D. Rahma (2017). The findings are presented descriptively by identifying the process of the derivational forming nouns. The results of this research shows that prefixes, suffixes, confixes and infixes are contributed to create new lexemes in Madurese.
SATIRE IN EMMA HEALEY’S WHISTLE IN THE DARK: POSTMODERN STUDY
Authors: Suciati Aisyah Dewi , Hanifa Siti
Published: October 2021

The aims of this study are to identify the social issues which are being satirized in Emma Healey’s Whistle in The Dark and and explicate Healey’s ways in satirizing the social issues in Whistle in The Dark. The writer applies the theory of satire in order to analyze social issues in the novel.This study applied qualitative research because the writer interpreted the novel in order to answer the research questions. The data are the narrator’s narration and characters’ utterances in the novel which are taken through scanning and skimming reading technique. The data analysis was done by classifying the narrations and utterances into the types of satire, discussing the findings, and concluding.The results of this study revealed that there are several social issues in the novel that are being satirized by Emma Healey, they are; environmental racism, mother-daughter relationship, queer issue, society’s fairytale, religious issue, technology in society, high-class society, society’s judgement, work and occupation, cyber pornography, sexual behaviour, people’s dissatisfaction, people’s anxiety, women’s insecurity, and teenager’s mental illness. The most used satire in the novel is Narrative.
MOOD OF PERSUASION IN THE ARTICLES JUST TERROR TACTICS ISSUED IN THE RUMIYAH MAGAZINE
Authors: Maisarah Maisarah , Fanani Achmad
Published: October 2021

This research was to reveal the mood types of the clauses and the persuasion strategies applied in two texts in Rumiyah magazine. A discourse analysis was applied with the Hallidayan Systemic Functional Linguistics theory as the basis of analysis. The results showed that the texts are dominated by the declarative mood that functions as indirect directives and statements of opinion. The applied types of mood indicate that the author takes a position as the bearer of information. In the analytical part of the texts, the disclaimer technique is used to assure the readers that committing a terror is easy. In the hortatory part of the texts, the technique of suggestion is used by providing recommendations to the readers of how to do a terror operation. However, some clauses containing augmentation reflect the expertise technique of persuasion.
PHILOSOPHY OF LANGUAGE: PRAGMATIC PRESUPPOSITION IN MOTIVATIONAL SPEECH WITHIN DISCOURSE AND ITS RELEVANCE OF MOTIVATION IN TEACHING LEARNING PROCESS TO REACH GOALS
Authors: Nistiti Nurul Ulfa
Published: October 2021

This research was taken from online media in the form of a speech on a YouTube channel called the English Speeches Channel featuring an inspiring woman named Muniba Mazari Baloch. She is a Pakistani artist, model, activist, motivational speaker, singer, social reformer, and television host. Her motivational speech is titled we all are Perfectly Imperfect. This research accompaniment three research questions by analyzing the types of presuppositions contained in Muniba Mazari's speech and determining the type of presupposition in his speech that comes up with the confession discourse function, then knowing how far her confessions influences her audiencess through what he delivers. The research method used in this research is descriptive qualitative by analyzing several utterances in her speech, through two approaches of theory pragmatic presupposition and confessional discourse analysis. The results showed that Muniba Mazari used all types of pragmatic presuppositions (Existential, Factive, Non-Factive, Lexical, Structural, and Counterfactual). Through this type of presupposition, Muniba Mazari also brings out the function of confessional discourse. The function of confessional discourse contained in her speech is a therapeutic, didactic, and interrogatory function. During the research, researchers found the main threat from the combination of these two theories is the strength of Motivational Assertion. The main threat that became the main idea as the direction of Muniba Mazari's speech in motivating her audiences. Then, this main thread also asserts how powerful Muniba Mazari's speech was. In this context, the results bring about optimism, achievable objectives, passion, and confidence. Finally, Muniba Mazari's speech entitled We Are Perfectly Imperfect which contains many moral messages can be said to be a motivational speech. It can be manifested in learning-teaching process. The result of combining these two theories produces the main thread that can be applied by several teachers in motivating their students in the learning-teaching process.
Between hammer and anvil: the Russian Constitutional Court’s position on abolition of the death penalty
Authors: Komshukova Olga
Published: October 2021

The key factor in maintaining a moratorium on the death penalty in Russia is its membership in the Council of Europe, which requires compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the abolition of the death penalty. One of the proponents of maintaining Russia’s adherence to the Convention is the Russian Constitutional Court. However, the return of the death penalty as a capital punishment finds some support in Russia. Therefore, the Constitutional Court has to maintain a balance between two forces: internal pressure from public opinion and a number of conservative government representatives, and fidelity to the fundamental principles of the Russian Constitution and international law, backed up by international obligations undertaken by Russia. The purpose of this article is to identify and analyze contradictions among the priorities of the Russian Constitutional Court in its implementation of foreign and domestic legal policy through a political and legal analysis of its argumentation regarding the abolition of the death penalty. In turn, full-fledged analysis of the Court’s argument is possible only by taking into account the domestic and international contexts. The article is structured as follows: firstly, it examines the evolution of the question of the abolition of the death penalty in Russia and the main decisions of the Russian Constitutional Court related to the introduction and maintenance of a moratorium on the death penalty. Secondly, it examines the domestic context of decisions taken by the Court from the perspective of key actors (the professional community, government officials, public opinion). Thirdly, it considers the international context of decision-making (the development of relations between Russia and the Council of Europe, the Russian Constitutional Court and the European Court of Human Rights, as well as foreign experience with the issue of abolition of the death penalty). In conclusion, the article analyzes the main arguments of the Russian Constitutional Court to justify the need to abolish the death penalty and discusses the role of the Constitutional Court in resolving the death penalty issue.
Constitutional basis for public property in the context of the creation of a legal entity of public law
Authors: Nizov Vladimir
Published: October 2021

The article discusses problems of the constitutional regulation of property rights and property itself. The research has been narrowed down to the features of public property regulation in the Russian Federation. The relevance of the research is explained by the process of the reform in the public property administration in Russian Federation, which has transferring of the state property to some legal entities of public law as distinguished feature. The author proposes the historical analysis of the property regulation’s development and the role of the Constitution in this process. The comparative instruments are used to show the main preconditions and trends of public property regulation in Russia and other countries. The author argues the Russian Federation is going on the process of the property regulation construction and the modern stage sees the Constitution as a main axiological filter for that. Meanwhile, the Russian legal system has several obstacles in this way: the limitation of the direct force of the Constitution, the spoiled separation of power, etc. The importance of the system of the check and balances in the property administration is noted. Thus, the research explains the differences between the system of the separation of power in the United Kingdom, Ukraine, and Russia. The author discloses the distinguishing features of the public property the state needs to account in the process of the property transition to public law entities. The critic overview of detailed property regulation in the Constitution’s text is expressed. The author notes constitutional provisions that regulate property issues are features of the post-socialist states. The difference between property rights and sovereign rights is also enclosed in the article. The justification of the right to administrate public property is provided, the research explains the importance of the justification in public property administration and its role in democratic societies, especially in the Russian Federation. The privatization and decentralization of the public property administration are needed to be explained the effectiveness and stability of these decisions. Additionally, the author argues that public property must have more concrete regulation because it needs more complex rules for just and effective administration. The conclusion of the article explains the linkage between the constitutional ideal and the development of public property regulation.
Evolutionary approach in reasoning practice of constitutional justice
Authors: Uroshleva Aleksandra
Published: October 2021

The author examines the essence and characteristic features of the evolutionary interpretation in constitutional review bodies decisions and concludes given the relationship between processes of argumentation and interpretation, as well as definite characteristics and trends in the application of the evolutionary interpretation in different countries, that it is more appropriate to talk about the evolutionary approach in argumentation, not about a separate method of interpretation. An evolutionary constitutional interpretation, as it is stated in the article, does not necessarily mean going beyond the literal text of the basic law. A literal (textual) interpretation and an evolutionary approach are combined phenomena of different nature; they are allocated based on various criteria – the source (orientation on the text) and the socially adaptive result, respectively. The value of the evolutionary approach is associated with the possibility of “adjusting” constitutional norms to real social canvas without making changes to the text of a constitution. The author shows using the case law examples that an evolutionary interpretation can be expansive, that is aimed at increasing the scope of constitutional regulation (“filling” constitutional norms with “new” (additional) content, picking out new human rights, increasing their level of protection), and restrictive, that is narrowing the scope regulated and (or) protected by a constitution (reducing level of human rights guarantees or subject area of constitutional regulation). Considering through the prism of specific constitutional justice cases such doctrines as of a “living constitution” in the United States of America, a “living tree” in Canada and the concept of “judicial law development” in Germany, the author comes to the conclusion that an independent concept of the evolutionary approach in legal reasoning has not been formed yet in the Russian practice of constitutional justice. In this regard, it seems to be perspective direction to develop such a concept, especially in the context of a possibility of combining the evolutionary approach with original interpretation. It seems that despite the fact that the problem of judicial activism is not now a problem of current urgent interest in Russia, the constitutional amendments of 2020 have actualized the potential for an evolutionary interpretation of certain constitutional provisions.
Janus turns out to be one-faced: the judgment of the Russian Constitutional Court on the permissibility of examination of jurors in the light of foreign law
Authors: Chirninov Aldar
Published: October 2021

According to Article 56 of the Russian Code of Criminal Procedure, “a judge and a juror may not be examined as a witness about the circumstances of a criminal case which they have become aware of while participating in it”. The Russian Supreme Court has interpreted this rule as imposing a categorical prohibition to examine a juror even though the defense submits and tries to prove that jurors were not impartial due to the extraneous influence and unlawful threats that they confronted in a jury room. As a result, this approach, instead of ensuring the confidentiality of jury deliberations, has been rather used to preclude the discovery of procedural irregularities in reaching a verdict. In its judgment of 7 July 2020, the Russian Constitutional Court has softened this unreasonable restriction by ruling that jurors’ witness immunity is not absolute and appellate courts must use their testimony to establish facts relating to alleged attempts to place unlawful pressure on a jury by undermining the secrecy of jury deliberations. Based on a case file, including the petition that the author of this article drafted and filed to the Russian Constitutional Court, the article reconstructs the arguments invoked by the parties in the course of constitutional proceedings and assesses the approach taken by the Russian Constitutional Court to decide the case. In particular, the court has allowed examining jurors, but only with their consent. Having studied the experience of the countries where a jury system has been present for a long time, namely the United States, Australia, New Zealand, Sri Lanka, and Myanmar, the author argues that a post-trial examination of jurors is a recognized way to ensure the right of a defendant to an impartial jury. Among other things, the foreign jurisdictions obligate a juror to inform a judge about attempts to unlawfully influence a jury, empowers a judge to determine if there are sufficient grounds for summoning jurors as witnesses, and sets standards of examination. However, none of these legal orders requires that a juror give consent for examination. Therefore, the article concludes that the integrity of jurors in Russia should be protected not by enabling them to testify before an appellate court at their discretion but by strengthening their legal immunity, which in turn will strike an optimal balance between competing constitutional values.
Problems of the concept “guarantor of the constitution”
Authors: Krasnov Mikhail
Published: October 2021

The article critically analyses the concept of “guarantor of the constitution”. Briefly describing the history of the emergence of the concept, the author argues that it was originally understood too narrowly – only as a function of ensuring the stable functioning of the state apparatus. This is also how it is understood today. Meanwhile, even if the state apparatus is formally operating legally, this does not always mean that its operation is consistent with constitutional principles and values. The constitution is not simply an act of supreme legal force. It is imbued with constitutionalism, which boils down to the idea and practice of limiting power for the sake of the value of human dignity. In its turn, constitutionalism is secured by a number of principles and values, including pluralism. However, constitutionalism can also suffer from pluralism. The article speaks of two threats on this side: first, large-scale inter-party conflicts (both direct and “disguised” as conflicts between state bodies) and, second, the possibility of a political force aligned against constitutionalism gaining state power. Consequently, guaranteeing the constitution consists not only of ensuring the normal functioning of the institutions of public power, but also of protecting and defending the constitutional principles and values, which together represent constitutionalism. However, practice shows that presidents either neglect this “second part” or use the appeal to constitutional values to strengthen their own power. In the author’s view, this is due to the fallacy of the very model of a mixed (semi-presidential) republic, within which the concept of “guarantor of the constitution” emerged. The institution of the president in this model is positioned by doctrine as politically neutral and therefore above all branches of power. However, the neutrality of the president of a mixed republic is illusory, for he is a more or less active political actor and therefore incapable of fulfilling the role of guarantor of the constitution. The false presumption of presidential neutrality not only makes the institution of the guarantor ineffective, but also contributes to the authoritarian trend of the president.
The rights of the defendant and public interest in proving insanity under the law of New York
Authors: Grin'ko Aleksey
Published: October 2021

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.
Dissenting opinions on the freedom of peaceful assembly
Authors: Salenko Alexander
Published: October 2021

The main purpose of the article is to analyze the content of dissenting opinions of the judges of the Constitutional Court of Russia regarding the implementation of freedom of peaceful assembly. The author concluded that in 2009–2020, there were three judgements (postanovlenie) and one decision (opredelenie) by the Constitutional Court of Russia (hereinafter also referred to as the CCR) that were accompanied by dissenting opinions of CCR judges. In 2013, one single judgment of the CCR was accompanied by three dissenting opinions. This research analyzes the six dissenting opinions of the judges of the Russian Constitutional Court, which considered various problematic issues regarding the implementation of freedom of peaceful assembly in the contemporary Russian Federation. The author also analyzes the role and significance of the dissenting opinions in the context of amendments to the Russian Constitution in 2020, and changes in legislation that significantly limited the publicity of dissenting opinions of CCR judges. This article shows the role of dissenting opinions as: a means to raising the level of legal consciousness in society, a guarantee of a fair and open trial, a guarantee of the independence of judiciary and judicial democracy, and a means of improving legislation and law enforcement practice. The author concludes that the CCR judges’ dissenting opinions could in some cases be regarded as “sleeping law”, because the European Court of Human Rights later confirmed the judges’ minority report in findings. The article uses traditional research methods such as analysis, synthesis, induction, deduction, logical method, and comparative legal methods. The author expresses that it is necessary to keep the democratic tradition of constitutional justice, which allowed the publicity of dissenting opinions of CCR judges during 1991–2020. It is also concluded that the dissenting opinions of the Constitutional Court judges enable a deeper understanding of the political and legal nature, features, and main stages of the development of Russian public assembly law, one of direct democracy’s most important institutions alongside elections and referendums. The author argues that dissenting opinions of the judges of the Constitutional Court of Russia make it possible to identify gaps and defects in the legal regulation of public events in Russia. The study was funded by the Russian Foundation for Basic Research (RFBR) and the Expert Institute for Social Research (EISR) in the framework of the research project no.20-011-31740.
International space law of the era of the beginning of the business colonization of space
Authors: Ispolinov Aleksei
Published: October 2021

Traditional approach to the activity in outer space as exclusive domain of few big space faring states through special governmental agencies as a sort of natural monopolies is rapidly placing by the prevailing view that such activity could be successfully and efficiently performed by private entities and fair competition between such players shall be allowed and is even desirable. Increasing participation of private capital in exploration of the resources of outer space is a persuasive confirmation of the emerging large-scale, self-sufficient economy of the New Space attractive for potential investors. Such economy requires sufficient level of legal certainty in a form of effective legal rules adequately reflecting contemporary reality and capable to guarantee the rights of commercial players in exploration of space resources including ownership rights on space resources obtained. Arguably, such reshaping of international space law will take place outside the UN and would not be based on the concept of space as a common heritage of mankind. Main drivers of this reshaping will be unilateral national laws like the U.S. Commercial Space Launch Competitiveness Act or Luxembourg Space, bilateral agreements or international treaties with small number of participants (like the International Space Station Agreement or the Artemis Accords). Such national practice and international treaties claiming that they are adopted in implementation and in full conformity with the Outer Space Treaty will be viewed as subsequent practice and subsequent agreements clarifying, amending and even modifying rather vague provisions of the Outer Space Treaty. The values of the Outer Space Treaty will increase due to a lack of strict rules regulating or prohibiting commercial exploitation of space resources. It will allow to perform evolutionary reform of international space law using new avenues of the treaty creating new rules which will implement and improve provisions of the Outer Space Treaty.
European Court of Human Rights: review of the Grand Chamber judgment of 15 October 2020 in the case of Muhammad and Muhammad v. Romania (аpplication no. 80982/12)
Authors: Kurakina Polina
Published: October 2021

In Muhammad and Muhammad v. Romania (application no. 80982/12), the European Court of Human Rights examined the legality of limiting the right to be informed of the reasons for expulsion and the right to have access to the documents in the case file. The Grand Chamber acknowledged that these rights were not established in the first paragraph of Article 1 of Protocol no. 7 to the Convention, but noted that a foreigner would not be able to present arguments against his expulsion if he did not know the factual circumstances based on which the authorities concluded that he poses a threat to national security. This information is necessary to exercise one’s rights under the first paragraph of the article in question. The mere fact that the decision on expulsion was taken by independent judicial authorities at a high level, without it being possible to establish that the Court properly used review powers, did not suffice to counterbalance the limitations of applicants’ procedural rights. The Court also found that the limitations imposed on the applicants’ rights under Article 1 of Protocol no. 7 were not counterbalanced in the domestic proceedings and did not preserve the very essence of those rights: the courts did not examine the credibility of the findings of the Romanian intelligence service, the applicant’s lawyers did not have access to classified documents, the applicants were not informed about the possibility of having lawyers with proper access to classified information, etc. After applying the facts of the present case, the Court, therefore, concluded that there had been a violation of Article 1 of Protocol no. 7 to the Convention.
Bona fide problem in the activity of international judges
Authors: Tolstykh Vladislav
Published: October 2021

The article examines the forms of bad faith of international judges, the possibilities of counteracting manifestations of bad faith and the factors that stimulate bad faith. Among the first, there are forms related to the appointment of arbitrators (moonlighting, revolving door, issue conflict, etc.), and forms related to the process itself (ex parte communication, pressure on other judges, involving an assistant to perform the work of a judge, etc.). The article provides specific examples of bad faith and analyzes the positions of the courts and doctrine. The focus is on manifestations of bad faith in international investment arbitration, the reform of which is now on the UNCITRAL agenda. The author describes institutional, organizational, procedural and conceptual measures to counteract bad faith of international judges; special attention is paid to the latter, which imply the consolidation of new procedural and substantive concepts, for example, the concept of the presumption of guilt of judges, the concept of the international judicial decision as a sui generis agreement, etc. The author also calls for debates about philosophical, sociological, political, historical and economic aspects of international justice based on the recognition of the fact that it is not a static institution, but, on the contrary, is undergoing profound transformations (like the world as a whole). In conclusion, the author fixes the factors that stimulate bad faith: related to the general shortcomings of international law; associated with its dependence on the political environment; concerning the processes taking place within the judicial corporation; and, finally, concerning the transition of our civilization to the stage of postmodernity, which presupposes distrust in relation to metanarratives. The latter tendency is defined as general, objective and natural; the crisis of international justice in this regard is only one aspect of the general crisis of law and, at the same time, one of its evidence.
Knockin’ on heaven’s door: The burden of proof before international courts
Authors: Diyachenko Ekaterina
Published: October 2021

The issues of proof and determining the party upon which the corresponding burden rests are key to the administration of justice as the determination of the facts of the case is a compulsory stage prior the application of the legal norm. In the Russian legal doctrine the issue of proof has been extensively developed with regard to proceedings before national courts, but not enough in relation to the activity of international courts, except for the European court of human rights. This article explores the theoretical aspects of proof in international courts, analyses the approaches of the International Court of Justice and the Court of Justice of the European Union regarding the distribution of the burden of proof. A separate object of study is the legal findings of the Court of the Eurasian Economic Union with regard to the issue of proof. The findings of the study show that the universal rule onus probandi actori incumbit has evolved with the development of the international courts’ case law in the direction of a cooperation between the courts and the parties in the collection of evidence and the placement of the burden of proving the validity of acts, actions (failure to act) on the institutions vested with the corresponding powers.
International legal dimension of the right to conscientious objection: considerations with respect to the ECtHR judgment in Dyagilev v. Russia
Authors: Kantur Ruslan
Published: October 2021

The article delves into international legal aspects of the enjoyment of the right to conscientious objection. It is argued that the collision between the permissive norm of international law providing for sovereign discretion to introduce and enforce domestic rules on matters which are essentially within the domestic jurisdiction of states, including those relating to compulsory military service, and the mandatory norm of international law ensuring the right to conscientious objection. The jurisprudence of the Human Rights Committee and the European Court of Human Rights pivots upon the assumption that the right to conscientious objection is derived from the right to the freedom of thought, religion, and conscience and is covered by the international human rights treaties enshrining the latter (including Article 9 of the European Convention on Human Rights and Fundamental Freedoms). It is revealed that the standard which has been found in ECtHR jurisprudence means that Article 9 defends the opposition to military service, where such opposition is motivated by a serious and insurmountable conflict between the obligation to serve in the army and a person’s conscience or his deeply and genuinely held religious or other beliefs, with states parties retaining a certain margin of appreciation and being able to establish assessment procedures to examine the seriousness of the individual’s beliefs and to prevent the abuse of the right. However, in Dyagilev v. Russia the Court did not take into account that the circumstances of the case point out the actual unlimited margin of appreciation in this area, which leads to the situation when the conscript had had to provide “evidence” that he was a pacifist (in the absence of legally outlined minimum criteria helping assess the substantiation), but not to substantiate the very request by the fact that he shared pacifist views. Consequently, such a broad margin of appreciation implies that the state abuses its sovereignty, for the procedure of the examination of requests runs counter to the purpose of the right to the freedom of conscience and, consequently, the right to the conscientious objection.
Genomics Facilitates Evaluation and Monitoring of McCloud River Redband Trout ( Oncorhynchus mykiss stonei )
Authors: Habibi Ensieh , Miller Michael R. , Gille Daphne , Sanders Leigh , Rodzen Jeff , Stephens Molly , Finger Amanda J.
Published: October 2021

The McCloud River Redband Trout (MRRT; Oncorhynchus mykiss stonei ) is a unique subspecies of rainbow trout that inhabits the isolated Upper McCloud River of Northern California. A major threat to MRRT is introgressive hybridization with non-native rainbow trout from historical stocking and contemporary unauthorized introductions . To help address this concern, we collected RAD-sequencing data on 308 total individuals from MRRT and other California O. mykiss populations and examined population structure using Principal Component and admixture analyses. Our results are consistent with previous studies; we found that populations of MRRT in Sheepheaven, Swamp, Edson, and Moosehead creeks are nonintrogressed. Additionally, we saw no evidence of introgression in Dry Creek, and suggest further investigation to determine if it can be considered a core MRRT conservation population. Sheepheaven Creek was previously thought to be the sole historical lineage of MRRT, but our analysis identified three: Sheepheaven, Edson, and Dry creeks, all of which should be preserved. Finally, we discovered diagnostic and polymorphic SNP markers for monitoring introgression and genetic diversity in MRRT. Collectively, our results provide a valuable resource for the conservation and management of MRRT.
Crohn’s Disease and Hereditary Hemochromatosis, a Case Report
Authors: Khamees Ibrahim , Qasem Nabeel Mohammad , Alhiyari Mousa , Malkawi Lujain Salahaldeen , Elaiwy Orwa , Yassin Mohamed A
Published: October 2021

Hereditary hemochromatosis (HH) is a genetic disorder characterized by increased total iron body storage. It is one of the most commonly identified genetic causes of liver cirrhosis. Here we report a 43-year-old male who was previously diagnosed with crohn’s disease, found to have normal hemoglobin and hematocrit. Additional lab tests revealed high ferritin and transferrin saturation. Upon further evaluation, he was diagnosed with hereditary hemochromatosis. The presented case will shed some light on the rare coexistence of crohn’s disease and hemochromatosis and some problems in diagnostics related to the presence of the two conditions in the same patient.
Hemoglobin Levels and Postoperative Outcome in Pediatric Surgical Patients
Authors: Kumba Claudine
Published: October 2021

Background: Postoperative outcome in children is multifactorial. Among the reported predictors of postoperative outcome, preoperative anemia has been related to adverse outcome in children. A secondary analysis was undertaken to determine the correlation between hemoglobin levels and postoperative outcome in children included in a cohort of an observational pediatric study published previously since this analysis has not been done.Objective: To determine the correlation between preoperative, intra-operative, postoperative hemoglobin levels and postoperative outcome in children in neurosurgery, abdominal and orthopedic surgery.Methods: Secondary analysis of a sub-cohort of 252 pediatric surgical patients with a median age of 62 months [12.50-144.00].Results: Preoperative hemoglobin levels were negatively correlated to length of stay in the intensive care unit (LOSICU) (p=0.002), to length of hospital stay (LOS) (p<0.0001), to the number of patients with intra-operative and/or postoperative complications (p<0.0001) and to re-surgery (p<0001). Low preoperative hemoglobin levels below 6 g/dL were correlated to higher postoperative LOSICU and LOS. Intra-operative hemoglobin levels were negatively correlated to LOS (p<0.0001) and to the number of patients with intra-operative and/or postoperative complications (p=0.004). Low intra-operative hemoglobin levels below 5 g/dL were correlated to higher LOS. Postoperative hemoglobin levels were positively correlated to LMV (p=0.002). Conclusion: Hemoglobin levels are among other multifactorial predictors of postoperative outcome in pediatric surgical patients emphasizing the importance of a global patient blood management implementation program to improve outcome in surgical children.