bluuebunny/crossref_metadata_2025 huggingface dataset:
SMOKE DETECTOR SYSTEM WITH GSM MODULE
Authors: Surana Himanshu , Jha Sourav Kumar , Agarwal Harshita , Goyal Pooja , Dangi Prakash
Published: August 2022

This paper explains how to build a home fire alarm using an Arduino-based system and a GSM Module. The goal of the mission is to defend the home, with the principal goal of preventing hearth accidents to the occupants and the houses within the residence. It makes use of an Arduino Uno board and a GSM module. The Arduino microcontroller is the main controller, and it is used to operate the house alarm system, which is controlled by smoke sensors. An MQ2 smoke sensor is used to locate smoke because of fire. Through the GSM module, a short message service (SMS) alarm message may be sent to the customer. The machine detects smoke which has the presence of dangerous gases which include CO2, Methene and etc. and straight away triggers an alarm that's the house alert machine and also sends message to the proprietor of the residence using the GSM module via this device, it is able to assist customers to enhance their protection standards by means of having instant reaction in stopping injuries. Customers may ultimately be able to defend their lives and their houses against disasters as a result of this.
DEVELOPMENT AND ANALYSIS OF CONTROL STRATEGY FOR BATTERY TO ENHANCE THE LIFE OF THE BATTERY WITH THE APPLICATION OF ULTRA CAPACITOR
Authors: Lata Kusum , Maherchandani Jai Kumar , Kumar Sujit
Published: August 2022

The present scenario, in the automobile industries, due to the battery revolution in the vehicle, the need of the hour is most important today, the battery used in the vehicles and the life of the battery, which shows how efficient the battery used makes your vehicle. The main requirement of today's industrial era is the efficiency and safe operation of the battery system. To fulfil the requirements of battery conditions, a control strategy designed for the management of energy strategy. In this control strategy, a fuzzy logic controller used with a rate limiter and this strategy implemented on a storage system for hybrid energy with the use of the bidirectional multi-input converter. The strategy shows the performance of the battery with the smooth power outline; also standardize the state of charge of the ultracapacitor. The system analyzed experimentally by the hybridization of the battery-ultra capacitor with the enhancement of the life cycle of the battery.
ON DISTRIBUTION FUNCTION OF GENERALIZED ORDER STATISTICS FROM THE LOMAX-WEIBULL DISTRIBUTION
Authors: Gupta Jaya
Published: August 2022

The Lomax-Weibull distribution [11] was defined by combining the cumulative distribution functions of well-known Lomax and Weibull distributions. In this paper, we derive the joint distribution function of two generalized order statistics (GOS) when the independent random variables are from continuous Lomax-Weibull distribution. Then the joint distribution of two order statistics from LomaxWeibull distribution is derived as a special case of the main result.
A COMPARATIVE STUDY ON PREFERENCE, PERCEPTION AND BEHAVIOR OF SKILL TRAINEES IN PRIVATE AND GOVERNMENT JOB (WITH SPECIAL EMPHASIS TO SKILL ACADEMIES OF JAIPUR)
Authors: Agarwal Dhwani , Sharma Garima
Published: August 2022

Study is on the comparison of perception and behavior of skill trainees towards public sector vs private sector. Study is basically to understand the behaviour of skill trainees. External environment plays a crucial role in changing in the behavior and perception towards the preference of job, before pandemic preference was business or to become an entrepreneur or do give much dedicated time for job job preparation, but after pandemic things reversed as many of the small scale business wind up and preference of the trainee to get the job to earn his and family living. The study is based on Questionnaire and secondary research is based on magazine, newspaper, books, websites etc. This pandemic curved the whole scenario where many of them have lost their job because of COVID 19 which leads to a change in perception towards preference.
ANTIOXIDANT HERBS IN INDIA: A CRITICAL REVIEW
Authors: Thenmozhi J. , Vignesh Babu K. , Vigneshwaran L. V. , Senthil Kumar M.
Published: August 2022

Countless Indian restorative plants have been used in the customary arrangement of medicine like ayurveda, siddha and folk medicine since the beginning of human evolution. In the topical application, the antioxidants are widely used as innovative ingredients in the field of dermatology and also used for treating many diseases in internal application. Antioxidant is an oxidation inhibitor which affords the defense to living organism damage caused by unrestrained production of reactive oxygen species (ROS). A variety of free radical scavenging antioxidant was found in numerous herbs which especially present in India. Now a day interest is increasing to recognize antioxidant compounds throughout the world because which are pharmacologically active with not as much of or no side effects. In the present work five plants (Acorus calamus, Lantana Camara, Rauwolfia serpentine, Ocimumbasillicum, Curcuma aromatica) are reviewed for their historical, morphological, Phytochemical and pharmacological aspects.
ANALYZING THE MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM FOR ALIGARH
Authors: Gupta Gaurav , Singh Jyoti , Vaish Arti
Published: August 2022

Due to rapid increase in the population over the last year few decades, urbanization, industrial growth and rising in the living standards. The rate of generation of municipal solid waste in Indian cities and town have also accelerated. In India, the urban local bodies popularly known as the municipal councils are responsible for management of activities related to public health. The bodies are doing their best but are not able to achieve the desired target. We find variety of waste leading the city to more unhygienic and haphazard growth of urban area particularly in the last 20 years. Municipal solid waste is a part of solid waste, and the waste that arises from human and animal activities are solid so it is discarded as useless/unwanted. The purpose of this study is to identify the various types of municipal waste and their sources. The sole purpose of this study is: ➢ To examine the physical and chemical composition of the municipal waste. ➢ To consider in general terms, the elements involved in the management of waste. ➢ Engineering aspects in the management of municipal solid waste. ➢ Reuse and recovery of the material from the municipal solid waste. There should be sustainable waste management strategies which are lagging behind. Present working model is PPP (public private partnership) to sustain the waste management so that the city appears cleaner and more hygienic. The paper aims to study the quantity and properties of municipal solid waste generated in municipality of Aligarh, Uttar Pradesh, India. The MSW generated is heterogeneous; composition of waste varies from place to place. Study was conducted during year 2018-2019, 2019-2020 of study period at seven different zones in Aligarh. The study and suggestions take place on the information collected to improve current MSW scenario in Aligarh. The study shows that the average solid waste produced by Aligarh is 460 metric tons per day with per capita generation equals to 400 - 450 grams/day.
ARTIFICIAL INTELLIGENCE TECHNIQUE BASED MPPT CONTROLLER FOR STANDALONE SOLAR ENERGY CONVERSION SYSTEM
Authors: Gameti Nirma , Vairagi Bheru Das
Published: August 2022

This paper presents the development and performance analysis of Artificial Intelligence Technique based MPPT controller for a standalone solar energy conversion system. The proposed system consists of 2.5 kW PV array, DC to DC boost converter, inverter and different load. The DC to DC Converter connected to Inverter through DC link capacitor. The inverter power fed to the load through step down transformer. The standalone solar energy conversion system consists of MPPT controller. In this research Artificial Intelligence Technique based MPPT controller on Levenberg algorithm developed. For the proposed Artificial Intelligence Technique based MPPT takes two variables as PV voltage and PV current as an input and output the duty ratio for DC to DC boost converter. The Artificial Intelligence Technique based MPPT controller for standalone solar energy conversion system with various load is modeled and simulated in MATLAB/ Simulink environment. Performance of both the Artificial Intelligence Technique based MPPT controller compared with conventional incremental conductance MPPT. Simulation results show that for a wide range of input irradiance, Artificial Intelligence Technique based MPPT controller shows improved performance than the conventional incremental conductance MPPT with at various operating conditions.
CYBER SECURITY AND THE INTERNET OF THINGS: VULNERABILITY, THREATS AND ATTACKS
Authors: Ali Akram , Vaish Dr. Arti
Published: August 2022

-Cyber Security is a protecting cyber space which includes our critical information or data from getting hacked or attached, damaged by some unwanted person or user [1] . It is very much important for all of us to know about cyber security because everyone of using smart phone, laptop and other digital devices in which more or less our personal data or some of the personal information is saved. So, how we can manage our private data or make it secure by the same unwanted bugs so that they can’t misuse of that cyber security comprises of different software program that deals with the protection of our privacy and to protection of our privacy and to protect our personal data getting misused by some of the others programmers or the undefined theft of data. Cyber security comprises of different types of attacks such as malware, phishing and other types of cyber-attacks [1]
RECENT CHALLENGES IN DRY EYE
Authors: Kumari Swati , Vaish Arti
Published: August 2022

Dry eye is a multifactorial disease of the ocular surface characterized by a loss of homeostasis of the tear film, and accompanied by ocular symptoms, in which tear film instability and hyperosmolarity ocular surface inflammation and damage, and neurosensory abnormalities play etiological roles. Dry eye is commonly caused by abnormalities in production of tear film. There is so many test to evaluate the dry eye like TBUT (tear break-up time), Epithelial staining, Scheirmer test, Tear function index, Cotton thread test, Tear osmolarity, Impression cytology, Fluorophotometry, Tear fluid protein immunoassays, Tear ferning test. This article will provide an overview of the dry eye and its evaluation and management or the recent challenges in dry eye.
DEFİNİTİON AS A LEGİTATİON GROUND IN RESEARCH: EXAMPLE OF ARISTOTLE'S DEFINITION OF MOTİON
Authors: TABANLI Egemen
Published: August 2022

The definition of something is the declaration of a claim that the thing being defined exists. Thus, the subject of the definition gains legitimacy by becoming an object of research. On the other hand, definition is to determine the boundaries of a previously uncertain issue and to make it possible to talk about it. Eleatic philosophers, notably Parmenides, witnessed the motion firsthand but did not find it worth to describe it. Their thesis about the non-existence of motion was essentially a manifestation of prejudice based on the impossibility of determining a limit for motion. Aristotle, on the other hand, attempted to define motion, reintegrating it into being, and thus giving it a legitimacy as an object of investigation. This approach of Aristotle is a unique example in terms of revealing the importance and mission of definition among research methods.
QUALITATIVE SOCIAL NETWORK ANALYSIS: EXAMINING THE EMERGENCE OF TURKISH SOCIOLOGY RELATIONALLY
Authors: DEMİRCİOĞLU Zübeyde
Published: August 2022

Ağ analizi pek çok sosyal bilim disiplininde kullanılmaya başlanan görece yeni bir yaklaşımdır. Araştırmacılar; bireyler, küçük gruplar veya kurum ve kuruluşlarda yer alan aktörler arasındaki karmaşık ilişkileri araştırmak üzere temel bir teknik olarak sosyal ağ analizini kullanırlar. Sosyal ağ analizi çalışmalarında genellikle ağların grup büyüklüğü, bağlantı sayısı ve durumu gibi niceliksel yönlere ilişkin araştırmalar yaygındır. Ancak bazı analizlerde nicel yöntemlerin kullanılması uygun ya da yeterli olmayabilir. Böylesi durumlarda makro yerine mikro bakış açısını öneren nitel sosyal ağ analizi kullanılır. Bu bağlamda bu çalışmada sosyal ağ analizi yaklaşımının özellikleri ve önemi kısaca özetlendikten sonra, bir nitel sosyal ağ çalışması örneği sunularak yaklaşımın uygulamasına yer verilecektir. Çalışma Türk sosyolojisinin doğuşuna katkı sağlayan isimleri bir ağın aktörleri olarak ele almayı hedefleyerek araştırma nesnesine yenilikçi bir bakış açısı sunmayı amaçlamaktadır.
Pengaruh Citra Merek dan Kualitas Produk terhadap Keputusan Pembelian Sepeda Motor TVS
Authors: Pasaribu Veta Lidya
Published: August 2022

This study aims to determine the effect of brand image and product quality individually and jointly on TVS motorcycle purchase decisions for Pamulang University students. The research method uses quantitative methods and uses primary and secondary data types. The population of this research is all Pamulang University students in 2019 by using purposive sumpling technique using the ancient rao formula in determining the number of samples as many as 100 respondents. The data analysis method used validity test, reliability test, classical assumption test (normality test, multicollinearity test, heteroscedasticity test and autocorrelation test), multiple linear regression analysis, correlation coefficient analysis, coefficient of determination (KD) analysis, t test and F test. The results of data analysis show that partially there is a positive and significant influence on brand image on purchasing decisions, with tcount (5.778) > ttable (1.985) and sig ( 0.000)< 0.05, by demi more Ho is rejected and Ha is accepted. Partially there is a positive and significant effect of product quality on purchasing decisions, with a value of tcount (9.247) > t table (1.985) and sig (0.000) < 0.05, thus Ho is rejected and Ha is accepted. Simultaneously there is an effect of Brand Image and product quality together on purchasing decisions, has a very strong relationship with the regression equation Y= 8.618+0.478x1+0.644x2, constant 8.618, coefficient x1 0.478 and coefficient x2 0.644, while the correlation value or r is 0.954 and the coefficient of determination is 0.908 or 90.8% while the remaining 9.2% is influenced by other factors, with Fcount (490.216) > Ftable (3.09) and sig (0.000) < 0.05, thus Ho is rejected and Ha is accepted, meaning that there is a positive and significant influence between Brand Image and product quality on student purchasing decisions on TVS motorcycles.
Pengaruh e-Service Quality dan Kepuasan terhadap e- Loyalty (Survey pada Pengguna Gopay)
Authors: Ningsih Hesty Wulandari , Safitri Indriyani , Yusuf Abdul
Published: August 2022

Advances in technology and information that are growing rapidly require all companies to be able to create innovations to adapt to the progress of today's world. With advances in technology, competition in the increasingly fierce business world, many companies take advantage of an opportunity to create innovations that provide convenience for humans. One of them is a company in the transportation sector that creates digital-based service applications, namely GoJek, which provides payments through the GoPay feature. GoPay is one of the fintech breakthroughs from PT. GoJek utilizes advances in technology and information. The problem in this research is how e-service quality and satisfaction affect the e-loyalty of GoPay users. This study uses a casual analysis design with quantitative methods. The test equipment in this study uses the SPSS Statistic 25 and EViews 11 data processing applications involving 100 respondents as samples from GoPay users throughout Indonesia. Methods of data collection using questionnaires and literature study. The research instrument uses an interval scale. The results show that e-service quality and satisfaction have a positive and significant effect on GoPay customer loyalty.
 
Fetal programming in diabetes: an emphasis on prevention consequences of ketoacidosis
Authors: Lakhno I.V.
Published: August 2022

The article is devoted to the analysis of scientific publications about the negative impact of ketoacidosis in pregnant women with diabetes on the development of the fetal nervous system from the standpoint of fetal programming and finding ways to prevent its negative effects on the fetus. It was found that the index of intellectual development of children 2 years old had a negative correlation with the level of β-hydroxybutyrate in maternal serum in the third trimester of pregnancy. Therefore, there is a need to avoid ketoacidosis and maternal starvation in order to prevent intellectual disabilities.It is known that the control of metabolic processes in mothers with diabetes can affect the autonomic nervous regulation and motor activity of the fetus. To date, there are no studies that have examined the possible relationship between maternal ketone bodies and fetal heart rate variability. Moreover, the routine monitoring of quantitative indicators of ketone bodies is not currently implemented during pregnancy. All existing treatment strategies for diabetes are performed to detect carbohydrate tolerance disorders and correct blood glucose levels with insulin or metformin.Among all the pharmacological methods of preventing the effects of ketosis, of course, the most reasonable and promising is the use of xylitol solutions. Numerous studies have presented that xylitol is an insulin-independent energy source which has a positive effect on carbohydrate and lipid metabolism, helps to correct oxidative stress. Therefore, the study of the state of the fetal autonomic nervous regulation and indicators of intellectual development of the child under the influence of preventing the synthesis of ketone bodies by xylitol infusion may be the basis for improving the management of pregnant women with diabetes.
Pharmacological correction of immunometabolic disorders in patients with endometrioma along with chronic inflammatory diseases of the genital tract
Authors: Bihun R.V. , Henyk N.I. , Kryzhanivska A.Ye. , Dziombak V.B. , Havryliuk H.M. , Ostrovska О.М.
Published: August 2022

The objective: to determine the markers of the inflammatory process, development and implementation of methods for pharmacological correction of immunometabolic disorders in patients with endometrioma on the background of chronic inflammatory processes of the pelvic organs. Materials and methods. A complex clinical and laboratory examination of 90 patients with ovarian endometrioma on the background of chronic inflammation was carried out. Of these patients, the comparison group included 45 patients who received basic therapy (antibacterial drugs cefotaxime and metronidazole, vitamin therapy (B vitamins), combined oral contraceptives with dienogest). Patients in the main group (45 women) received basic anti-inflammatory and antibiotic therapy, together with drugs that improve microcirculation and have systemic and local anti-inflammatory and thrombolytic properties (tissue antihypoxant, deproteinized hemoderivative drug from calf blood and local two-component thrombolytic in suppositories) and dienogest and vitamin D3. The control group included 30 gynecologically healthy women.ELISA-method was used to determine tumor necrosis factor-α (TNF-α) level, interleukins (IL) 1β, 4, 10, interferon-γ in blood serum and cervical mucus, immunoglobulins A, M, G in blood serum, and C-reactive protein (CRP), neopterin and 25-hydroxyvitamin-D3. Results. We determined that in patients with endometrioma on the background of chronic pelvic inflammatory disease at the systemic and local levels there are an increased level of proinflammatory cytokines and decreased level of anti-inflammatory cytokines, as well as increased IFN-γ level, increased CRP – in 8.2 times, and neopterin – 2.7 times (p <0.05) relative to healthy women. The use of the proposed treatment program leads to normalize of IgG level and anti-inflammatory cytokine indices within a month. The level of CRP was significantly reduced in the main group, both in blood serum and cervical mucus. There was a decrease neopterin level in patients of the main group by 1.8 times after the treatment.Conclusions. Additional criteria for diagnosis of the inflammatory process in patients with endometrioma are a significant increase level of pro-inflammatory cytokines (TNF-α, IL-1β) and a decrease level of anti-inflammatory (IL-4, IL-10) cytokines, as well as a significant increase of C-reactive protein and neopterin.Studies suggest that the proposed therapy has a corrective effect on altered parameters of metabolic and immune status, which explains the importance of use in this group of patients the antibacterial therapy together with immunomodulatory, antiviral and metabolic drugs.
Problems of the thin endometrium. New possibilities of FDE-5 inhibitors
Authors: Gopchuk О.М. , Samaniv Р.V.
Published: August 2022

The article is devoted to a review of the literature about the thin endometrium and its correction today. The problem of thin endometrium is very significant in cases of unsuccessful embryo implantation. There is no generally accepted approach to the definition of “thin endometrium” and ways of its correction in the literature. Phosphodiesterase type 5 (PDE5) inhibitors are considered to play a role in increasing endometrial thickness and improving pregnancy outcomes. Their action consists of various mechanisms, in particular, such as the induction of vasodilating effect through the effect on signaling to vascular smooth muscle, through the regulation of cell proliferation and induction of angiogenesis by increasing the expression of tumor suppressor factor (p53) and vascular endothelial growth factor A, the inhibition of inflammation by reducing the regulation of proinflammatory cytokines. Although PDE5 inhibitors increase the endometrial thickness through the various mechanisms, especially in women with thin endometrium, it does not necessarily mean that they have a positive effect in all clinical situations. Meanwhile, the successful outcome may be affected by the time of use of the drug, the type of infertility treatment, the main diseases such as pelvic disorders and inflammation. Therefore, there are ambiguous issues that need further research in this problem. Oral PDE5 inhibitors are also used as first-line therapy for the treatment of erectile dysfunction (ED), they have proven effectiveness, tolerability, action and couple satisfaction. Avanafil is the only selective inhibitor of the PDE5 isoenzyme with a low frequency of side effects compared to other drugs in this group. The high tolerability of these drugs has made them an attractive tool for the study of further physiological functions outside the ED with benefits for many non-sexual consequences.
Therapeutic options for pre-gravidary training in women with a history of combined infertility
Authors: Tumanova L.E. , Kolomiets O.V.
Published: August 2022

The objective: to substantiate and evaluate the improvement of pre-gravida preparation in women with a history of combined infertility factors. Materials and methods. We examined 102 women who were diagnosed with two factors of infertility simultaneously – infertility of tubal origin and infertility associated with anovulation caused by hyperprolactinemia and polycystic ovary syndrome. All patients were divided into groups according to the three-month pre-gravida preparation regimen: the 1st group (52 women) received basic pre-gravida preparation (dydrogesterone, folic acid, metformin) in combination with diet; the 2d group 2 (50 patients) – an improved scheme of pre-gravida preparation (dydrogesterone, methyl tetrahydrofolate, potassium iodide, vitamin D3, a complex of myo-inositol and D-chiro-inositol) in combination with diet. The reliability of relative values was evaluated by the Fisher angular transformation method. Results. In women of the 1st group the number of cases of gestational diabetes (30.8 %) was slightly higher than in patients of the 2nd group (20.0 %), the frequency of fetal macrosomia was significantly higher (19.2 % and 10.0 % persons, respectively). The incidence of early miscarriage in persons of the 2d group was significantly lower (40.0 %) than in the 1st group (69.2 %), the risk of late miscarriage was twice lower (14.0 % and 26.9 %, respectively). Conclusions. The proposed complex of pre-gravida preparation in the women with a combined form of infertility (tubal infertility and infertility associated with anovulation), which includes inositol, contributes to a greater reduction in the incidence of obstetric and perinatal complications.
Modern approaches to the diagnosis and treatment of polycystic ovary syndrome in adolescence
Authors: Sergiyenko M.Yu. , Siusiuka V.G. , Makurina G.I. , Deinichenko O.V. , Kolokot N.G. , Chornenka A.S.
Published: August 2022

Тhe diagnosis of polycystic ovary syndrome (PCOS) in adolescence still raises many questions. The problem is that the characteristics of normal puberty often coincide with the symptoms of PCOS. The article presents the criteria of a normal menstrual cycle, clinical and laboratory hyperandrogenism. In the diagnosis of the latter, the most informative indicators are the determination of the index of free testosterone and androstenedione, and the assessment of free and total testosterone are relatively low sensitivity. Clinical hyperandrogenism in adolescents includes only severe acne and hirsutism. The level of antimullerian hormone has no independent significance. Irregular menstrual cycles during the first year after menarche represent a normal period of puberty. At the second and third year after menarche , menstrual cycles of less than 21 days and more than 45 days are considered irregular, and from the fourth year – less than 21 days and more than 35 days. From the second year after menarche, menstrual irregularities are considered to be more than 90 days for any cycle. Primary amenorrhea is indicated by the absence of menarche at 15 years, or 3 years after telarche. Ultrasound is not used as a criterion for PCOS in the first 8 years after menarche due to the high frequency of ovarian multifollicularity in adolescence. Therefore, adolescent girls in the presence of menstrual disorders and hyperandrogenism may be diagnosed with «PCOS. Phenotype B» (ultrasound signs are not taken into account). Adolescents who have signs of PCOS but do not meet the diagnostic criteria are at risk for PCOS. The most important stage of PCOS therapy is lifestyle modification, normalization of body weight and metabolic processes. Combined oral contraceptives in adolescents are more often prescribed not for direct purposes (contraception), but as off-label therapy not only at diagnosis, but also in the «risk group», which involves the treatment of irregular menstrual cycles and / or clinical hyperandrogenism. In the absence of the effect of lifestyle changes, proper nutrition to correct metabolic disorders in addition to combined oral contraceptives may be prescribed metformin, inositol and etc.
TEST OF THE NEW APPROACH OF TAXONOMIC OF TOURIST RESOURCES FOR DEVELOPMENT, CASE OF THE PROVINCE OF SETIF, ALGERIA
Authors:   University Ferhat Abbes, Laboratory of Urban Project, City and Territory, Geography Department, Setif, Algeria, FERTAS Lahcene , LAHLAH Serine Saloua ,   University Ferhat Abbes, Institute of Architecture and Earth Sciences, Geography Department, Setif, Algeria, BRIKI Mohamed Nassim ,   University Ferhat Abbes, Institute of Architecture and Earth Sciences, Geography Department, Setif, Algeria
Published: August 2022

The objective of this paper is to proceed to the analysis and then to obtain a new classification and spatialization of the tourist potential of a specific territory, for the purpose of a tourism development of its resources. Besides, such analysis sheds light on the assets and constraints of the territory itself by using geographical and technical documents, in respect such as national, regional and local tourism development plans. More to the point, results show that the territory of the province of Setif is of specific aptitudes for a consequent attractiveness and a complementarity of interesting natural and cultural resources, as well. Nevertheless, the study reveals numerous limitations such as the inadequate classification of the tourist potential, which is confirmed by the vague and generalised vision of the State throughout the region. In virtue of which, based on the obtained results, a new taxonomy of the tourism potential has been proposed for the purpose of helping the operators and actors involved in a participatory approach for a wider tourism development of the province of Setif.
The Tension between Fact and Fiction in Holocaust Literature
Authors: Siertsema Bettine
Published: August 2022

For a long time, factual truth was a prerequisite for Holocaust literature. Thus, autobiographical texts were strongly preferred over fiction. From the 1980s onward, however, the boundaries between ‘fabricated’ and ‘true’ turn out to be blurred, though scandals still arise when something that was thought to be true turns out to be fabricated or non-autobiographical. For theologians who are looking for answers to the theodicy question in Holocaust literature, such as Elie Wiesel’s novella Night, the question of factuality is of less importance. What they must never lose sight of, however, is that ambiguity is an important property of literary texts, and that they do not do justice to such texts by ignoring that ambiguity. In general, theologians and philosophers searching for lessons for humanity should be wary of using the Holocaust and its literature for their own ends.
Vote Mobilization, Economic Performance and Gubernatorial Appointments in Russia
Authors: Reuter Ora John , Turovsky Rostislav
Published: August 2022

This paper explores the impact of vote mobilization and economic performance on gubernatorial appointments in Russia. Previous research has demonstrated that governors are more likely to be reappointed when the regime is performing well at the polls in the region. By contrast, there is inconsistent evidence that regional economic performance affects a governor’s reappointment chances. We revisit this topic by updating and extending quantitative analyses of these key questions. We find consistent evidence that governors are more likely to be reappointed when regime vote shares are high in the region, a finding that extends from 2005 through 2020 and is robust to various model specifications and measurement approaches. In an update to existing research, we also show that this finding holds for multiple types of elections – regional legislative, State Duma and presidential – and we also find that high turnout is positively associated with governor reappointment. With respect to economic indicators, we find some suggestive evidence that governors are more likely to be reappointed when regional unemployment is decreasing, and investment and tax revenue are increasing, but these results are not robust. By evaluating governors on the basis of their ability to mobilize votes the center risks disincentivizing good governance. It may also give governors additional incentive to engage in electoral manipulation.
Signaling Games of Election Fraud: A Case of Russia
Authors: Kalinin Kirill
Published: August 2022

Over the 2000s Russian elections have become increasingly unfree and unfair, characterized by suppression of electoral competition, rising levels of administrative interference and drastic growth of electoral frauds. In this paper I propose that the pattern of fraudulent elections in Russia can be explained by combining an idea about federalism with a game-theoretic model of the relationship between the Kremlin and a single regional governor. Specifically, election fraud becomes a basic signaling mechanism of regional bosses’ loyalty and of their ability to control the administrative resources to the Kremlin’s benefit. If electoral signaling occurs, data manipulation is most likely to take place with 0s and 5s in the last digit of rounded percentages of turnout and electoral support, which is the easiest and most readily detected way to report basic information to superiors. Based on the Russian electoral and financial data for 2000-2018, my analysis shows strong evidence of election fraud associated with the post-electoral interbudgetary transfers.
Das „sterbende Weizenkorn“
Authors: Krauter Stefan
Published: August 2022

Paul’s statement that seeds die after sowing in the soil before they germinate is often assessed as a commonly held view of antiquity. Some scholars even claim that it conforms to the scientific standards of ancient philosophy. This paper examines the sources cited as evidence for this claim and shows that it is untenable. Paul’s formulation is very unusual. His idea that seeds die does not make sense on the background of ancient botany. Similar, albeit not identical ideas can be found only in the context of some ancient mystery cults. It is difficult to assess how wide-spread they were.
PROTECTION OF DATABASE RIGHTS
Authors: Yavorska Oleksandra
Published: August 2022

The state of legal regulation of databases according to the national legislation and EU laws is discovered. Pursuant to the national legislation, a database is a separate object of copyright – a complex of compositions, data or any other independent information in a freeform, including electronic, the components selection and disposition of which are available individually and can be found with the use of special searching system on electronic devices (computer) or other means. Since database is a complex of compositions, its application shall be carried out with the abidance of copyright on these compositions as the components of a database. If compositions are used with the copyright infringement, legal protection to a database cannot be provided. The author of a database is its creator – a natural person. In the absence of proof to the contrary, the author of a composition (including databases) is a person, indicated as an author on the origin or copy of the composition (presumption of authorship). Database can be created during performance of the work duties or by the errand of the employer. The proprietary rights on the object of copyright and (or) related rights, which was created in connection with performance of the labour contract, belong mutually to the employee, who created such an object and to a legal or natural person, where or who he is working for, if the opposite is not established by a contract (either a labour contract or a separate civil contract). The procedure of performing the proprietary rights on such a database can be regulated by the corresponding contracts. The provisions of the TRIPS, EU Directive on legal protection of databases are analyzed. It is established that original databases are protected as the objects of copyright with the recognition of the corresponding non-property and proprietary rights of its author. Non-original databases are protected by exclusive rights – sui generis. Exclusive rights are guaranteed to the creator of a database irrespective of the eligibility of that database for the protection by copyright or by other rights. Thereby, the Directive permits the protection of a database not only by copyright, but by the sui generis right as well. Consequently, the sui generis right can be spread on the original database, which is an object of copyright. The legislation of Ukraine does not provide the sui generis right to non-original databases for the present. Corresponding provisions are proposed in the draft «On the Copyright and Related Rights». It is proposed to establish personal non-property rights, to define the contents of a proprietary right of the non-original database creator more accurately, determine possible cases of such databases free usage in educational, studying purposes without the aim of commercial usage.
THE INSTITUTION OF A PREFECT: FRENCH EXPERIENCE IN THE CONDITIONS OF THE DECENTRALIZATION OF POWER
Authors: Kaminska Mariia
Published: August 2022

The article considers the features of the French model of the institution of a prefect. The influence of the decentralization of state power on the development of the legal status of the prefect is analyzed. It is established that as a result of the decentralization reform, the executive powers have been transferred from prefects to the chairmen of departmental and regional councils. It is found that the powers of the prefect have a constitutional basis and are aimed at ensuring national interests, exercising administrative control and enforcing laws. The main powers of the prefect as a representative of the state at the corresponding levels of administrative-territorial organization are described. It is established that the functions of the prefect of the region and the department, as a rule, are simultaneously combined by one of the prefects of the department in which the main city (capital) of the region is located. At the same time, the prefect of the department, in accordance with current legislation, is subordinate to the prefect of the region, and the subprefect acts as an assistant to the prefect of the department in the administrative district. It is also found that there is an interest at the level of parliamentary initiatives in strengthening the role of sub-prefects as the level of representation of the state closest to the population. Much of the study focuses on the prefect's interaction with local governments, including oversight of the rule of law. The mechanisms of control are highlighted and it is revealed that through the control over the legitimacy of acts of local self-government bodies, the indirect influence of the prefect on decision-making at the local level is manifested. It is found that in the process of decentralization, the influence of the prefect on local governments has significantly diminished. As a result of the reform, instead of taking care of local governments, the prefect was given the competence to supervise their activities. Taking into account the above-mentioned factors, it is concluded that the prefect acts as a guarantor of the unity of the republic, as well as ensures the observance of public order and uniform application of the law throughout the territory. In addition, his functions as a representative of the state are aimed at a partnership with local governments. Given the results obtained, the positive experience of the French Republic can be applied to the successful promotion of domestic decentralization reform and used for further research in this area.
APPLICANT – SUBJECT OF PROOF?
Authors: Nor Vasyl , Slyusarchuk Khrystyna
Published: August 2022

The article is devoted to the analysis of the registered draft Law of Ukraine «On Amendments to the Criminal Procedure Code of Ukraine in Terms of Ensuring the Implementation of the Functions of the Prosecutor's Office» № 3009a of August 26, 2020. In addition, the relationship between the standards of proof and the decision to initiate criminal proceedings (entry of information on criminal offenses in the Unified Register of Pre-trial Investigations (hereinafter – ERDR)) is highlighted. Moreover, the article studies such philosophical and legal categories as «probability» and «reliability» of a criminal offense circumstances existence. Analyzing the norms of legislative acts and the views of scholars, the authors present their own opinions on the possibility and expediency of enshrining in the Criminal Procedure Code of Ukraine the definition of «statement, notification of a criminal offense». The authors conclude that the statement or notification of a criminal offense should contain data on the circumstances that may indicate the commission of a criminal offense, however an indication of their «sufficiency» will not contribute to the proper implementation of the entry of information about the criminal offense in the ERDR. At the same time, it should be remembered that the pre-trial investigation, as a stage of the criminal proceedings, is designed primarily to ensure the implementation of the objectives of the criminal proceedings under Art. 2 of the CPC of Ukraine, by carrying out a comprehensive, complete and impartial establishment of the circumstances of the criminal proceedings on the basis of a sufficient amount of reliable, appropriate and admissible evidence obtained during the criminal proceedings. Therefore, imposing an obligation on the applicant to provide in the statement or notification of a criminal offense sufficient information about the circumstances that may indicate the commission of a criminal offense seems to contravene the principle of access to justice. In turn, paragraph 7-2 of Part 1 of Art. 3 of the draft law, which contains a requirement for the presence (submission) of sufficient data (information, evidence) by the applicant to confirm the commission of a criminal offense, at the stage of registration of the statements and notifications of a criminal offense with the subsequent entry in the ERDR, should be considered unreasonable and not conductive to the implementation of the objectives of the criminal proceedings declared in Art. 2 of the Criminal Procedure Code of Ukraine.
INSTRUMENTS OF LEGAL ARGUING AND LEGAL ARGUMENTATION IN VIEW OF THEORY OF LAW
Authors: Dudash Tamara
Published: August 2022

The article is dedicated to the general theoretic study of the instruments of legal arguing and legal argumentation. The author determines that the substantive instruments of legal arguing are the arguments, while the argument schemes and argumentation structures serve for the purpose of reconstruction and evaluation of legal argumentation. The lack of unified understanding of what is argument in foreign and national legal studies is stated, as well as the impossibility of exhaustive categorization of the arguments in law. The argument is the basic tool of legal arguing. According to C. Tindale, in European tradition the concept of argument encompasses both premises of the argument (argumentation) and its conclusion (standpoint, claim). The concept of argument is rather vague. The author highlights the correlation of the argument and explanation as well as the argument and proof. The reasons for the argument are rooted in the sources of law, that makes argumentation legal. In the argumentation theory, the notions of «argument scheme» and «argumentation structure» are used in addition to the concept of argument. Argument scheme is the internal argument structure. An argument scheme characterizes the type of justification or refutation provided for the standpoint in a single argument by the explicit premise for the standpoint. Argument structure is considered as an external structure of argumentation. It is defined as the way the reasons advanced hang together and jointly support the defended standpoint. There are singular and multiple argumentation structures. The singular argumentation consists of one argument for or against a standpoint. In case of multiple argumentation, few arguments are put forward for or against the same standpoint to predict and respond counterarguments of an opposite party of legal arguing. The procedural aspect of the instruments of legal arguing are the rules of legal arguing. The procedural means of legal arguing are its procedural rules which depend on an area of legal activity where the argumentation is provided as well as on the peculiarities of the argumentative situation. On the one hand, there are procedural rules of legal arguing in any legal system, for instance, legal rules governing the procedures of debates in a parliament, court system, hearing in the Constitutional Court. On the other hand, there are doctrinal rules of critical discussion, of general and legal discourses, elaborated within the argumentation theory and the legal argumentation theory.
ESTABLISHMENT AND FUNCTIONING OF THE STATE TRIBUNAL OF AUSTRIA (1867–1918)
Authors: Dzikovskyi Maksym
Published: August 2022

The process of formation of the Austrian judicial system on the basis of the Basic Constitutional Laws «On the Judiciary» and «On the Establishment of the State Tribunal» of December 21, 1867, is considered. The order of formation and functioning of the State Tribunal of Austria during 1867–1918 is studied. The functions, powers of the State Tribunal and the procedure for considering court cases are analyzed. The main attention is paid to the analysis of the formation of the professional composition of the State Tribunal of Austria. In particular, it is found that under § 1 of the Basic Constitutional Law «On the Establishment of the State Tribunal» the purpose of this body was to resolve disputes with various branches of government and local government, claims of provinces, legal entities and individuals to kingdoms, regions as well as the state as a whole, if such claims did not fall within the competence of courts of general jurisdiction, citizens' complaints about the violation of their constitutional rights, after consideration of these complaints in an administrative manner. The members of the State Tribunal were highly educated and highly professional persons of Austria at that time. About one-fifth of the members of the State Tribunal were law professors who worked at the universities of Vienna, Prague, Krakow, as well as Lviv. Judges and lawyers had a strong representation in the State Tribunal. The State Tribunal made the final decision in cases between the judiciary and the public authorities as to whose jurisdiction these powers belonged to. It consisted of a president, a vice-president, 12 permanent members and 4 deputies, appointed for life by the Austrian emperor from among the candidates recommended by the Chamber of Deputies and the House of Lords (Reichsrat/Council of State). Positions at the State Tribunal were considered honorable among Austrian civil servants and lawyers. Meetings of the State Tribunal were held every three months and their beginning was reported in the national newspapers. The Austrian judicial system operated on the basis of the Constitution of 1867. It provided for the functioning of the courts of general jurisdiction, Administrative and State Tribunals. The establishment of the State Tribunal gave the right to additional protection of the constitutional rights of citizens in case of abuse of public authorities or their officials.