Absence Of Ground Research Articles

HUMANITARIAN KNOWLEDGE AT THE ENTREPRENEURIAL UNIVERSITY: STRATEGIES OF «JUSTIFICATION»

Humanitarian knowledge and “liberal education” have been a problem for the modern innovative/entrepreneurial university as a commercial firm for the last fifty years: “impact” as an imperative of the university’s public discourse in liberal democracies and university policy apparently contradicts the statements about the “self-worth” or “uselessness” of humanitarian knowledge. The purpose of the article is to consider the main directions of the “justification” of the “humanitarian component” of the university, the ways of its politicization (the term U. Beck): appeals to values (culture), to the public good, civic education, to the methodological function of philosophy and the humanities, undertaken in this regard. The absence of grounds for the above-mentioned methods of politicization to matter is demonstrated: both in connection with their own inconsistency of such values, and as an argument for the prevailing public discourse of the university. It is concluded that the prevailing liberal interpretation of humanitarian knowledge necessarily provides for its transformation into a product whose price is determined by the market. The actual “problem situation” is not related to the “nature of humanitarian knowledge”, but to the “struggle for status”, that is, it is a question of power and prestige in connection with their redistribution in an entrepreneurial university as a commercial company.

Lightning Protection Improvement and Economic Evaluation of Thailand’s 24 kV Distribution Line Based on Difference in Grounding Distance of Overhead Ground Wire

This study determines the voltage across insulators after a direct lightning strike to an overhead ground wire on a 24 kV pole structure for different grounding distances of overhead ground wire, to calculate the maximum ground resistance required to avoid disruption of the distribution line system using ATP-EMTP software. The results show that when a 40 kA lightning current, the average lightning current in Thailand, strikes a 24 kV pole structure, the maximum ground resistance should not exceed 4 Ω for a 40 m grounding distance of overhead ground wire, based on an existing critical insulator flashover of 205 kV. However, because the average ground resistance in Thailand is approximately 10 Ω, this study proposes increasing the insulation level from 205 kV to 300 kV to reduce the likelihood of power outage. The cost-effectiveness of such an investment is assessed in terms of net present value (NPV), internal rate of return (IRR), profitability index (PI), and discounted payback period (DPP) using existing economic tools. Results show that when the critical insulator flashover is increased from 205 kV to 300 kV for a 40 m grounding distance of overhead ground wire, the project is likely to have a DPP of 15.12 years, NPV of 143,321.87 USD, IRR of 12%, and PI of 1.15. On the other hand, grounding distances greater than 40 m for overhead ground wire result in negative NPV, although the back flashover rate can be reduced by 1.51–5.71% with grounding distances of 80–200 m compared to the situation in the absence of grounding.

ПРОЦЕССУАЛЬНЫЙ ПОРЯДОК ПРОВЕДЕНИЯ СУДЕБНОГО ЗАСЕДАНИЯ И ВЫНЕСЕНИЯ ПРИГОВОРА ПО УГОЛОВНОМУ ДЕЛУ В ОТНОШЕНИИ ОБВИНЯЕМОГО, С КОТОРЫМ ЗАКЛЮЧЕНО ПРОЦЕССУАЛЬНОЕ СОГЛАШЕНИЕ О ПРИЗНАНИИ ВИНЫ

The article is devoted to the peculiarities of the procedure for considering criminal cases received with a procedural agreement on the admission of guilt. The relevance of the study is due to the fact that this procedural and legal institution has recently appeared in criminal proceedings, and is a novelty for both theorists and practitioners. In this regard, within the framework of this study, attention is focused on the distinctive features of the summary trial in connection with the conclusion of a procedural agreement on plea of guilt between the prosecutor and the accused in pre-trial and trial proceedings. The author examines issues related to the presence or absence of grounds (conditions) for the summary trial and adjudication. Moreover, according to the results of the study, the author made the appropriate conclusions on improving the criminal procedure legislation.

Problems of the practice of the dismissal of the jury due to the tendentiousness of the composition: the effect of a legislative error or defects of judicial practice?

The article examines problematic issues of theoretical understanding, legislative regulation and application in judicial practice of the criminal procedure the institute of the dismissal of the jury in view of its tendentiousness. The article notes that this institution is not implemented in judicial practice in a positive aspect, since all variations for the manifestation of a possible tendentiousness of the collegium are rejected by appeal and cassation courts. It is concluded that there are two irreparable contradictions in the basis of the procedural consolidation of this institution, which determine the ineffectiveness of its positive application. The first contradiction, considered in the article, arises between the need to motivate the application for the dismissal of the jury in view of its tendentiousness and the amorphousness (uncertainty) of the grounds for such a group challenge. The second contradiction arises between the absence of grounds for peremptory challenge of each of the candidates for jury and the existence of grounds for the dismissal of the jury as a whole. The article concludes that the institution under consideration does not adequately fulfill the function of a legal means ensuring the impartiality and objectivity of the jury, and should be excluded from the legislative model of proceedings in the jury trial of the Russian Federation.

The Railway’s Unjustified Enrichment as a Result of Abuse of the Right in Obligations To Carry Goods

The paper examines issues related to unscrupulous behavior of the railways, which unthoroughly benefit at the expense of other participants of the obligations for the carriage of goods. The paper considered cases where the railways use legally valid facts (transactions) as imaginary grounds for obtaining property (money) from freight and cargo owners and encourage them to provide the undue. It is proposed to qualify such a conduct of the railways as an abuse of the right committed for the purpose of unjustified enrichment. Based on the analysis of complex contractual relations (contracts on carriage organization, contracts in the form of submission and acceptance of an application for the carriage of goods, contracts of carriage of goods, etc.) arising between the participants of legal relations concerning the carriage of goods (shippers, consignees, owners of infrastructure and carriers), the author has identified conditions that are conducive to receiving unjustified enrichment by the railways, namely: combining different legal statuses by the railways (carrier, owner of infrastructure, agent of a third party, etc.), removal from the railways of the burden of performing obligations and risks of liability for the failure to perform obligations, the position of a weaker party assigned to the railways’ contractual counterparties. According to the author, in order to prevent references to legal facts as grounds for enrichment, the economic purpose of the legal relationship must be recognized as an appropriate ground. It is noted that such an economic goal is one for the goals pursued by the whole system of legal relations for the carriage of goods and that its violation deprives the railways of the right to demand execution under the transaction, since making this claim must be considered as an abuse of the right. It is argued that the contractual counterparty of the railways, aware of the absence of grounds for granting property on its part, does not commit a legal error, as soon is it is a weaker party to the contract.

ЗАБЛАГОВРЕМЕННОЕ (ПРЕВЕНТИВНОЕ) ПРИЗНАНИЕ (ОТКАЗ В ПРИЗНАНИИ) РЕШЕНИЙ ИНОСТРАННЫХ СУДОВ В СООТВЕТСТВИИ СО СТ. 24 ГААГСКОЙ КОНВЕНЦИИ 1996 г.

On 1 June 2013 the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children came into force. It provides for the recognition and enforcement of foreign measures for the protection of a child or his or her property. One of the original provisions previously not found in the international treaties of the Russian Federation is the possibility of preventive recognition of a foreign measure, which may require enforcement in the future (Art. 24). This option differs from objections against recognition known to Russian law and may be useful in international relocation cases and for cross-border contacts with a child. The article reveals the essence and significance of preventive recognition (nonrecognition). However, the implementation of the Convention in Russia, unlike some other States parties, was reduced to the designation of a Central Authority. Russian civil procedural legislation was not amended. This raises issues concerning the application of the mechanism set down in Article 24 of the Convention. The author proposes to apply mutatis mutandis the provisions of Chapter 45 of the Civil Procedure Code of the Russian Federation and to grant an exequatur in simple procedure taking into account earlier court examination and conclusion of the absence of grounds for non-recognition.

Dynamics analysis of the reasons for disability among population of Zaporizhzhia region at 2013–2018

Purpose of the study. To study the dynamics of the main causes of disability among the population of Zaporizhzhia region for 2013– 2018.
 Materials and methods. The materials of the study were statistical reports of medical and social expert commissions of Zaporizhzhia Region Center for Medical and Social Expertise for 2013–2018.
 Statistical data processing was performed with calculations of intensive indicators for 10 thousand of the total population and for 10 thousand of adult population of Zaporizhzhya region. Statistical processing of the study materials was using computer programs of the STATISTICA package (StatSoft Statistica v. 6.0).
 Results. The disability indicator can be considered as a reflection of the success of society, social protection and the level and quality of public health.
 The article analyzes the dynamics of causes of disability among the population of Zaporizhzhia region for 2013–2018 according to the annual reports of medical and social expert commissions. We conducted an analysis of the causes of disability among the population of Zaporizhzhia region for 2013–2018.
 The main causes of disability are: general illness; disability since childhood; industrial accident (occupational injury or other damage to health); occupational disease; diseases associated with exposure to radioactive radiation due to the Chornobyl disaster; injuries, injuries, injuries, illnesses in the military.
 Conclusions. The most common cause of disability is «common disease», which is established in the absence of grounds (evidence) for recognizing the presence of any other cause.
 In recent years, the population of Zaporizhzhia region has seen a gradual increase in primary disability due to general illness, work injury and among military personnel. At the same time, there is a tendency to decrease primary childhood disability and occupational diseases.
 During the indicated period (2013–2018), there has been a slight fluctuation in the disability indicators due to the Chornobyl disaster, both downward and upward, with an overall trend towards stability.

Особенности проведения судебного заседания при разрешении вопросов о заключении под стражу в качестве меры пресечения

The problem of the validity and duration of detention can be solved, inter alia, by strengthening the adversarial nature of the court»s decision on the application of this preventive measure. The purpose of the article is to determine the appropriate possibilities of research in court in the conditions of competition and equality of the parties of factual information and data submitted by the parties in order to resolve the issue of the possibility of the use of detention or extension of its terms. Based on the analysis of the norms of the criminal procedure law, the positions of the European Court of human rights, the Supreme Court of the Russian Federation, doctrinal sources, the use of formal logical, statistical and other methods, the author comes to the following conclusions. The burden of proof of the absence of grounds for detention cannot be placed on the accused. The need to study specific facts and materials that indicate the existence of the above conditions and grounds, determines the need for a specific judicial investigation on this issue. Research of the presented materials is carried out in court session with participation of the parties on the terms of competition. In this case, the court may not enter into a discussion on the guilt of a person, but only to establish the presence or absence of grounds and conditions for the detention of a person. If the prosecution party has not submitted the relevant materials for investigation in the court session, the court may not grant the investigator's request for detention or extension of its terms. The request of the defence for the examination of witnesses, whose testimony can have a significant impact on the resolution of the question of the presence or absence of the grounds and conditions for detention must be satisfied by the court in case they are grounded, motivated and are of direct relevance to the issue under consideration.

The semantics of Scandinavian pancake constructions

AbstractA classical topic in the syntax of the mainland Scandinavian languages is so-called pancake clauses where there seemingly is disagreement between the subject and the predicative adjective, as inPannekaker er godt‘Pancakes(f):indf:plbe:prsgood:n:sg’; the subject is in the plural, whereas the predicative adjective is in the neuter singular. According to one of the several approaches, these clauses display a type of semantic agreement. Recently, it has also been argued that there are at least four different types of pancake constructions.In this article, the semantic relationship between the different constructions is investigated further. It is argued that, diachronically, pancake agreement started with subjects interpreted as virtual, ungrounded processes, and that the absence of grounding has been reinterpreted as absence of spatial boundedness in the latest kind of pancake construction. The analysis is supported by a diachronic corpus investigation. The emphasis on virtual reference is a new feature with the current paper, and it enables us to set aside an objection against the semantic agreement analysis. The diachronic corpus investigation enables us to revise, empirically, earlier suggestions as to when the pancake constructions originated: They are well attested from the mid-1800s, in both Swedish and Norwegian Nynorsk.

A Distance Detector with a Strip Magnetic MOSFET and Readout Circuit.

This paper presents a distance detector composed of two separated metal-oxide semiconductor field-effect transistors (MOSFETs), a differential polysilicon cross-shaped Hall plate (CSHP), and a readout circuit. The distance detector was fabricated using 0.18 μm 1P6M Complementary Metal-Oxide Semiconductor (CMOS) technology to sense the magnetic induction perpendicular to the chip surface. The differential polysilicon CSHP enabled the magnetic device to not only increase the magnetosensitivity but also eliminate the offset voltage generated because of device mismatch and Lorentz force. Two MOSFETs generated two drain currents with a quadratic function of the differential Hall voltages at CSHP. A readout circuit—composed of a current-to-voltage converter, a low-pass filter, and a difference amplifier—was designed to amplify the current difference between two drains of MOSFETs. Measurements revealed that the electrostatic discharge (ESD) could be eliminated from the distance sensor by grounding it to earth; however, the sensor could be desensitized by ESD in the absence of grounding. The magnetic influence can be ignored if the magnetic body (human) stays far from the magnetic sensor, and the measuring system is grounded to earth by using the ESD wrist strap (Strap E-GND). Both ‘no grounding’ and ‘grounding to power supply’ conditions were unsuitable for measuring the induced Hall voltage.

Соотношение реституции и неосновательного обогащения: чему учит опыт стран англо-американской правовой системы

The article deals with the interrelation between restitution and unjust enrichment in the Russian and Anglo-American legal systems. The analysis is based on theoretical scientific opinions, as well as on the legislation and judicial practice. The article notes that in the Russian law the “absence of grounds” principle is used for unjust enrichment (which means that if there is no legal basis for enrichment, the rules on unjust enrichment should be applied), and in order to apply the restitution rules one must prove the “unfair factor” in the form of an invalid transaction (the basis for the application of legal rules is specified). The first approach is typical for unjust enrichment in the continental law system, the second one — in the Anglo-American legal system. The Russian legislation thereby simultaneously uses two criteria — most situations are covered by the “absence of ground” principle, and restitution as a consequence of transaction invalidation is set aside, in this situation the “unjust factor” principle is applied. Mixing two different approaches seems unjustified. In addition, the author notes that legal consequences and the nature of restitution and unjust enrichment in the Russian law are basically the same — both institutions have the aim to restore the legal status that existed before the person who unjustly enriched himself breached the law. The author concludes that there is a need to avoid duplication of legal institutions of unjust enrichment and restitution in the Russian law, and to make restitution a universal protection measure for any event of unjust enrichment.

On the distribution of prices in market real estate and «offset» estimations of market value

The published results of stochastic modeling and experimental studies on the distribution of prices of real estate markets, accompanied by the conclusions of a systematic overestimation of the market value of the consultants-valuers are stated in the article. Displaying the fundamental difference between the distributions of prices on different objects observed in the real estate market and the distribution of possible prices for the estimated object. The conclusion about the absence of grounds for the allegations of a systematic overestimation of the market value as a result of these differences is fixed. Formation unbiased valuations based on the properties of the distribution of the adjusted average prices of the sample analogs are also explained.

Is there a Rational Approach for Increasing Drug Specificity? Considerations on CNS Target Choice and Validation

The description of mental illness states brings into light a referential paradox on the absence of grounds for normality. Furthermore, the semiology itself poses a problem throughout the intricate consensual relations between psychiatrists. New molecules with activity on the CNS are ever more specific as to molecular cognitive capabilities, reaching limits of individual genetic variability. Cultural mechanisms of neuronal adaptation also contribute significantly to representations and its correlation with feelings. Neuropeptides increase excitability in various different brain regions, with networks underlying optimal behaviour patterns. Therefore, the sole specification of target molecules yet does not lead directly to specific results, as insights from a systematic approach should conceal. Current validation methods generate insufficient data for discriminating successful treatable candidates. Instead of regarding the heuristics of empirically classified disease models, a new tendency to compromise scientia rationale with technical capabilities should be regarded. Some of the drugs that have obtained patents recently will be discussed in the framework of their rational and actual specificity. The molecular basis underlining function will be contrasted with an alternative approach, namely: how functional organization constrains molecular action. The categories comprising neurogenarative pathologies at one hand and the mood disorders at the other hand will be analysed separately as the procedures guiding drug design in each case seem to be different.

THE TECHNOLOGY, EXAMINATION AND CONSERVATION OF THE FAYUM PORTRAITS IN THE PETRIE MUSEUM

AbstractThe chronology established for the production of the Fayum portraits is briefly outlined, followed by a review of the encaustic painting technique in which the controversy surrounding the nature of the binding medium used to execute these paintings is discussed. In a technical examination of three Fayum portraits in the Petrie Museum, the wooden support, binding medium and pigments present in each painting were identified. In addition, paint samples mounted as cross-sections served to elucidate the paint layer structure and to indicate the presence or absence of ground and/or priming layers. The techniques used to conserve a number of these paintings are outlined under the following headings: cleaning; treatment of the detached paint layer; repair and structural stabilization of the wooden support.

The Technology, Examination and Conservation of the Fayum Portraits in the Petrie Museum

The chronology established for the production of the Fayum portraits is briefly outlined, followed by a review of the encaustic painting technique in which the controversy surrounding the nature of the binding medium used to execute these paintings is discussed. In a technical examination of three Fayum portraits in the Petrie Museum, the wooden support, binding medium and pigments present in each painting were identified. In addition, paint samples mounted as cross-sections served to elucidate the paint layer structure and to indicate the presence or absence of ground and/or priming layers. The techniques used to conserve a number of these paintings are outlined under the following headings: cleaning; treatment of the detached paint layer; repair and structural stabilization of the wooden support.