Authors State Research Articles

Правовая природа судебного примирения

Introduction. The article examines the legal nature of judicial reconciliation with the participation of a judicial conciliator (hereinafter referred to as judicial reconciliation), and highlights the debatable nature of the topic under consideration. The authors state that it is necessary to disclose the legal nature of judicial reconciliation in order to clarify its place in the legal system of Russia and to identify functional links with other related institutions of substantive and procedural law. Problem statement. The article argues that the success of the introduction of the institution of judicial reconciliation into legal practice depends on the disclosure of its legal nature in the system of human rights tools and mechanisms. At the same time, the ambiguity of the term of “legal nature” itself contributes to uncertainty in this matter. It is proved that the content of the term of “legal nature” includes various signs of the phenomenon, which must be consistently disclosed in the process of cognition. The authors emphasize that the legal nature of judicial reconciliation is complex, dualistic. This is expressed in a combination of judicial (jurisdictional) and extra-judicial (non-jurisdictional, alternative) characteristics, which is clearly revealed in the dualism of the legal status of the judicial conciliator. Theoretical and empirical analysis. The analysis of the legislation shows that, on the one hand, a judicial conciliator is a former judge who has extensive practical experience in legal proceedings and a vision of the prospects for resolving the case; on the other hand, the judicial conciliator, while remaining part of the judicial system, is free from rigid conservativecorporatist judicial discipline when conducting judicial reconciliation and can, without excessive formalism and substantive resolution of the case, offer the parties mutually beneficial reconciliation conditions, under which the legal conflict will be resolved. Results. The authors conclude that the duality of the legal nature of judicial reconciliation is due to the convergence processes that take place in the Russian law and trends associated with the change in the configuration of the judiciary.

To the issue of qualification of sexual violence in the conditions of international armed conflict

The article examines the peculiarities of the qualification of sexual violence as war crimes, using the norms of international and national law. The author states that the study of sexual violence, its consequences for society, as well as taking measures toprevent it through criminal legal means remains relevant for almost all countries of the world. The issues of qualification acquire special importance during investigation of sexual violence acts took place in the context of an armed conflict.It is proved that the issues of qualification of sexual violence committed during an armed conflict should be investigated taking with the provisions of the Rome Statute and Article 438 of the Criminal Code of Ukraine. Such an approach will provide thepotential possibility for blaming guilty persons to international criminal responsibility.The lion’s share of this article is devoted to the defining the common and mandatory signs of composition for all crimes related to sexual violence: the objective elements (actus reus) and mental elements (mens rea). The author takes into account thegeneral rules of qualification of crimes and clarifies the peculiarities of the qualification algorithm for the combatants who committed sexual violence against the civilian population during the armed conflict.The author comes to the conclusion that sexual violence committed by a combatant in the conditions of an armed conflict is covered by the concept of “other violations of the laws and customs of war, which are provided for by international treaties, thebinding consent of which was given by the Verkhovna Rada of Ukraine”. Such actions must be qualified under Part 1 and/or Part 2 of Art. 438 of the Criminal Code of Ukraine and norms of international humanitarian law according to the general qualificationrules of criminal offenses.

Mechanisms of action of extracellular miRNAs

The mechanisms of action of extracellular miRNAs are given in the scientific review. To write the article, information was searched using Scopus, Web of Science, MedLine, PubMed, Google Scholar, EMBASE, Global Health, The Cochrane Library databases. The authors state that miRNAs are generated by producer cells and then packaged in extracellular vesicles and delivered to other cells by functionally active structures. Extracellular vesicles transport miRNA in a paracrine and endocrine manner. It is emphasized that the mechanism of action of extracellular microRNAs depends on their association with extracellular vesicles. MicroRNAs associated with extracellular vesicles are taken up by cells and act as intracellular microRNAs. MicroRNAs associated and not associated with extracellular vesicles, by interacting with specific receptors, induce the activation of intracellular signaling, most often pro-inflammatory pathways. Extracellular vesicles interact with the membrane of the recipient cell through their surface proteins in a ligand-receptor manner. It is shown that specific proteins of extracellular vesicles, such as major histocompatibility complex class I and class II proteins, transferrin receptors and tetraspanins, induce disruption of some signaling pathways of target cells. Scientists believe that exosomes and ectosomes are absorbed by recipient cells using clathrin-mediated endocytosis, phagocytosis, and/or macropinocytosis. After delivery to target cells, miRNAs regulate the translation of their target genes. Extracellular vesicles circulating in the blood serum of healthy people are believed to have antifibrogenic effects and contain miRNAs that inhibit the activity of hematopoietic stem cells or damaged hepatocytes. Scientists believe that receptor-independent penetration of the hepatitis C virus into hepatocytes can be carried out with the help of exosomes. Exosomal miRNAs and miRNAs not associated with exosomes are able to bind to certain cellular receptors and activate intracellular signaling pathways associated with them.

A Misconception Regarding the Einstein Equivalence Principle and a Possible Cure Using the Twin Paradox

It has long been suspected by general relativists that physicists who do not specialize in general relativity (GR) believe that special relativity (SR) is incapable of modeling dynamics within accelerated reference frames. Consequently, many physicists may conclude that certain phenomena, such as time dilation due to acceleration, can only be described with GR. The fact of the matter is, as long as spacetime is flat, SR is fully capable of describing the dynamics of accelerated reference frames. In the classic textbook Gravitation, the authors state that “special relativity was developed precisely to predict the physics of accelerated objects.” To quote Sean Carroll in his textbook Spacetime and Geometry, “The notion of acceleration in special relativity has a bad reputation, for no good reason.” Finally, in a quote that drives the main point of this article home, the late general relativist Alfred Schild once said, “A good many believe that [the twin] paradox can only be resolved by the general theory of relativity. They find great comfort in this because they don’t know any general relativity.”

Review: Northern Paiutes of the Malheur: High Desert Reckoning in Oregon Country, by David H. Wilson Jr.

Review: <i>Northern Paiutes of the Malheur: High Desert Reckoning in Oregon Country</i>, by David H. Wilson Jr.

Deprivation of the right to carry out a strategic type of activity as a form of state coercion in case of violation of the legislation on foreign investment

The article deals with some topical issues of restricting foreign participation in strategic sectors of the economy. The analysis of measures of state coercion in case of violation of the legislation in this area is carried out on the examples of: suspension of validity and cancellation of a license to carry out a strategic type of activity; termination of agreements on granting the right to harvest (catch) aquatic biological resources; application of the consequences of the invalidity of a void transaction for the acquisition of the assets of a strategic company; deprivation of the right to vote at a general meeting of shareholders (participants) of a strategic company. Conclusions are formulated about the features of the legal form of state coercion in connection with the violation of legislation on foreign investment in strategic sectors of the economy, which include a complex combination of coercive measures characteristic of both administrative law and civil law coercion, as well as the concentration of such measures mainly in one special normative legal act, which directly defines the measures themselves, the grounds and subjects of their application, the implementation procedures. The author states that all measures of state coercion in case of violation of the legislation on foreign investments have one target orientation in the form of deprivation of the right to carry out a strategic type of activity of a foreign investor, the possibility of using which (indirectly, through a controlled Russian company) was obtained in violation of the permissive procedure established by the state.

Long noncoding RNA ITGB1 promotes migration and invasion of clear cell renal cell carcinoma by downregulating Mcl-1.

The article "Long noncoding RNA ITGB1 promotes migration and invasion of clear cell renal cell carcinoma by downregulating Mcl-1", by X.-L. Zheng, Y.-Y. Zhang, W.-G. Lv, published in Eur Rev Med Pharmacol Sci 2019; 23 (5): 1996-2002-DOI: 10.26355/eurrev_201903_17238-PMID: 30915742 has been retracted by the author for the following reasons: After the publication of this article, the authors reviewed the process of the experiment and found there were mistakes in the study setting. Authors state that the cancer tissues of 60 inpatients collected in the article included cancer tissues and adjacent tissues. However, the registration and storage of the experiment were not careful, and the cancer tissues were confused with the adjacent tissues. For this reason, the results of this article are not accurate and complete. After consultation among the authors, in line with the rigorous attitude towards scientific research, authors agreed that it was necessary to withdraw the article and make further research and improvement. *After publication, the article was also questioned on PubPeer. Concerns were raised about Figures and in particular Figure 3 which shows overlapping images. The Publisher apologizes for any inconvenience this may cause. https://www.europeanreview.org/article/17238.

Editor’s Comments: There Is No Such Thing as a Dumb (Research) Question

GOERAN FIEDLER, PhD, OTM, is affiliated with School of Health and Rehabilitation Sciences, University of Pittsburgh, Pennsylvania. Disclosure: The author declares no conflict of interest. The author states that funding was received. Correspondence to: Goeran Fiedler, PhD, OTM, School of Health and Rehabilitation Sciences, Suite 403-2 Bakery Square, 6425 Penn Ave, University of Pittsburgh, Pittsburgh, PA 15206; email: [email protected]

Prospects of Codling Moth Management on Apples with Botanical Antifeedants and Repellents

The codling moth, Cydia pomonella L. (Tortricidae), is a major pest of apples, potentially causing annual losses exceeding USD62 billion globally. Growers have limited options for combatting the codling moth. Sprays with azinphos-methyl have been banned in the European Union, Turkey, and the USA. To be effective, Bacillus thuringiensis or Carpocapsa pomonella must be ingested in large quantities, and the fruit is damaged before the larvae die. Mating disruption or an attract-and-kill strategy does not resolve problems caused by the migration of moths from adjacent areas or insecticide resistance. Discouraging neonates from burrowing into the fruit with feeding deterrents or repellents of plant origin may become a new strategy. This paper presents a list of twenty-three plants and six secondary metabolites preventing apple infestation by codling moth neonates. Some of these plant extracts or oils (Alium sativum, Tanacetum vulgare, Atremisia arborescens, Ginkgo biloba) showed deterrence exceeding 95% in comparison to controls. The prospects of codling moth control with botanicals are discussed, and further studies on these substances are suggested. In conclusion, the author states that twenty-nine plant-originated materials have great potential in organic apple protection. Future studies should concentrate on formulating these botanicals and identifying their molecular targets.

Reenvisioning Plotinus’ Doctrine of the Triad in Byzantine Christianity as a New Type of Ethics

This article reveals the continuity of Neoplatonic ideas in Greek-Byzantine patristics in the process of elaboration of the triadic dogma by the Church Fathers. Common and distinctive principles of Neoplatonism and Eastern Christianity are deduced from the point of view of the shaping of Christian ethics and the processing of Neoplatonic concepts in patristic texts. In more specific terms, Plotinus’ concept of the triad of the One–the Intellect–the Soul is considered, with special attention paid to analysis of the philosopher’s ideas of the One as Deity and the Origin of the world. It describes the process of emanation of the Neoplatonic trinity hypostasis and its connection with the material world through the World Soul. In comparison with Neoplatonism, the authors of the article present the molding of the dogma of the Holy Trinity in classical Greek-Byzantine patristics and highlight the new, theological-ethical vision of Plotinus’ triad as a form of the interconnection of the three Persons of the Trinity, expressing the absoluteness of interpersonal relations. In terms of philosophical ethics, the authors state that the Church Fathers’ understanding of the relationship among the three hypostases of the Holy Trinity serves as a model of perfect moral relationships demonstrating the absolute norms of morality for a human being. Neoplatonism was deprived of such a context in its interpretation of Plotinus’ triad. The creative and critical perception of Plotinus’ conceptual positions in the works of St. Athanasius is presented. Conclusions are made about the creative, sometimes critical, perception of the ideas of Neoplatonism in the formation of a new type of Christian ethics.

Unjustified tax benefit: from the judicial doctrine to the anti-avoidance rule

The article analyzes the concept of judicial doctrine. The characteristic features of this legal phenomenon, which is a source of judicial discretion in tax law enforcement, are highlighted and described. The authors state the fact that there is no legal definition that reveals the concept of judicial doctrine. There is a continuing trend towards the active introduction of various doctrines into law enforcement practice, including the field of taxation. The article pays special attention to the doctrine of unjustified tax benefit, specially developed to identify cases of circumvention of the tax law and was (before the appearance of Article 54.1 in the Tax Code of the Russian Federation in 2017) the general anti-avoidance rule (GAAR) in Russia. Based on the study of relevant judicial practice, the article concludes that arbitration courts do not consider the anti-avoidance rule set out in Article 54.1 of the Tax Code of the Russian Federation, as something new, radically different from the doctrine of unjustified tax benefits, as well as about the emergence of serious difficulties for law enforcement officers in the process of filling the anti-avoidance rule (Article 54.1 of the Tax Code of the Russian Federation) with specific content. The authors pay special attention to the problem of the admissibility of tax reconstruction when applying Article 54.1 of the Tax Code of the Russian Federation, concluding in the end that the courts consider it necessary to apply and apply in practice such a tool as tax reconstruction.

Commentary on: Prats M, Raymond S, Gasman I. Religious radicalization and lone‐actor terrorism: A matter for psychiatry? J Forensic Sci. 2019;64(4):1253–8. doi: 10.1111/1556‐4029.13992

The topic of the role of the psychiatrist in preventing radicalization and acts of terrorism is a contentious one [1, 2]. We read with great curiosity the case report by Prats et al. entitled “Religious Radicalization and Lone-Actor Terrorism: A Matter for Psychiatry?” [3], where the authors did an excellent job at summarizing the current literature on terrorism from a psychopathologic perspective. In their case report, they described a young patient who became vested in “extremist Islamic ideology” on the background of a likely primary psychotic disorder. While we appreciate the authors' insight into this issue, we believe it is vital to ensure the choice of language used reflects the sensitive intersection that exists between religiosity and extremism. There are two important problems within this paper. First, the authors did not define the term “jihad” in their case report. Although this may have been the term that the patient himself had used, it is important to define it properly so as to adequately contextualize it within the Islamic framework. By definition, jihad literally means a “struggle,” and Muslims use it to describe any action related to bettering the community or oneself [4]. However, many individuals have a limited understanding of this term and only comprehend it in a radical sense, equating it solely to violence and terrorist attacks [5]. As the authors point out, only about a third of lone-actor terrorists are religiously motivated [3, 6], and the usage of politically charged terminology without adequate definitions only serves to further stigmatize the Muslim population by automatically equating it to extremist ideology. This is especially important in the field of forensic psychiatry, as Muslims are overrepresented in European correctional systems [7]. As such, it is crucial that any paper addressing radicalization define this term properly or avoid its usage altogether. Second, as an example of a cause for hospitalization in a secure unit, the authors state that “if a patient shouts ‘Allah Akbar,’ the question of his/her hospitalization in a secure unit emerges” [3]. Again, when using terms from the Islamic lexicon, especially ones that have been pejorated into a term of hostility and associated with terrorists [8], it is critical to define them beforehand. The phrase “Allahu akbar,” also known as the “takbir,” signifies “God is the greatest.” In this sense, it is used to celebrate times of joy, to declare support to a speaker, or to express awe, among the many other ways it is used across the spectrum of human emotion [8]. Therefore, the authors' suggestion that the usage of this term is pathologic and should make the psychiatrist consider hospitalizing the one who said it is problematic. Indeed, despite the innocence of the phrase, it has become a greatly politicized term. It is not uncommon for members of the public to associate any usage of the takbir to terrorism, with Muslims often being automatically seen as perpetrators of terrorist actions [9, 10]. Thus, if such an unjustly contentious term is to be used in an academic paper, it is crucial for it to be properly defined so as to not support the negative stereotyping of Muslims. The issue of radicalization and terrorism is important to explore from a psychiatric lens, as there may be a role for our profession to play in preventing loss of life. Given the sensitive nature of this matter, it must be approached sensibly and objectively. In addition, the heedless use of language that stereotypes Muslims may lead to only recognizing members of the Islamic faith as terrorists. For example, there were notable controversies surrounding the Anders Breivik case in Norway. The country's response to this mass murderer was in stark contrast to their approach to “Islamist” terrorists, and the legal process even included a controversial forensic psychiatry report [11]. If we do not approach this issue with the sensitivity that it deserves, it is possible that our lack of diligence will lead to missing instances of radicalization as well as harm to our Muslim patients, especially those under the forensic system. This is in part a reflection of the lack of training we receive in this area, highlighting the need for further discussion and research.

The Legal Status of a Pregnant Woman: An Intersectoral Aspect

The paper is devoted to the analysis of family and demographic policy in the context of determining the legal status of a pregnant woman under the Russian legislation, as well as the impact of a set of social support measures on the attractiveness of having many children in family planning. The author states that the absence of an established form of a woman’s pregnancy certificate is a huge disadvantage, since the issuance of a document is a legal fact with which the law connects the emergence, modification and termination of legal relations, the basis when a woman acquires a special social and legal status of a subject with a privileged position, reflected in various branches of Russian legislation. The paper analyzes judicial practice regarding the filing of claims by men for compensation for moral damage in connection with the termination of pregnancy by women without reaching a general agreement on the issue of family planning. In the transport sector, there is no uniform practice of providing transportation services to pregnant women by airlines. Regarding the legislation on sports, the author draws attention to the fact that the hormone released in the pregnant woman’s body is deemed doping. However, restrictions on access to competitions are discrimination, so it is not uncommon for a pregnant woman to receive an Olympic gold medal being heavily pregnant. The state of pregnancy is also of legal importance for criminal legislation, since a significant number of criminal law norms take into account the special status of a pregnant woman as a characteristic of the defendant’s personality, as well as as a circumstance that gives great public danger when the victim is the expectant mother. The granting of a special privileged status to a pregnant woman is also subject to consideration in housing legislation: the expectant mother should have the right to additional state support, including in terms of meeting housing needs. The author summarizes that for the Russian legislator, a pregnant woman is unconditionally a value whose rights and interests are protected as much as possible. The principle of state support for motherhood is reflected in the entire system of Russian legislation.

Nigeria Democracy without development: How to fix it

Nigeria is a democratic state as well as the wealthiest country in Africa. However, Nigeria is not where the people of the African continent expected it to be twenty years after democracy was instated. The author states, “There is a general assumption that democracy leads to inclusive and sustainable social and economic development” (pg. xxiii). The assumption here is that Nigeria should have witnessed the progressive development characterised by increased infrastructure, employment, equal opportunities for all and high patriotism amongst its citizens rather than the retarded development currently. However, this is not the case for Nigeria; democracy in Nigeria is characterised by corruption, low development, and mismanagement of natural resources. The characteristics mentioned above are why Mr Omano Edigheji saw a need to write this book: he wanted to bring to light the discrepancies within Nigeria’s leadership and why Nigeria has not seen any development in the last two decades lastly, to provide solutions to Nigeria’s problems.

Public danger and criminalization in the system of security measures

Subject of research: the article deals with the issue of the essence of public danger and its significance in the process of criminalization of public relations. The vectors of criminalization development are outlined.&#x0D; Purpose of research: to determine the criteria for criminalization of public relations in the system of measures of criminal legal influence in the structure of criminal law and the prospects for their further improvement.&#x0D; Methods and objects of research: the study used traditional methods of socio-legal and formal dogmatic analysis: documentary, historical and legal, analytical, systematic, logical.&#x0D; Main results of research: according to the results of the study, the author states that the criminal law of the classical type is being replaced by the criminal law of the utilitarian type, where the concept of crime is associated with causing harm, and public danger plays an auxiliary function. In the system of security measures, the public danger of an act does not form a criminal law prohibition. Criminalization is based on the element of expediency. The transformation of the subject and method of criminal law leads to the fact that the idea of security, which currently dominates the criminalization of public relations, determines the construction of preventive criminal law.

The Institutional Principle of the Integrated Rescue System in Terms of the Proposed Legislative Change

Crisis events can occur in any place and therefore it is necessary to know how to respond to them in a timely and efficient manner manner with the aim of minimizing the negative impact. In order to improve the coordinated procedure, it was necessary to analyze and legislatively change the institutional principle of the functioning integrated rescue system, specifically by including the Police Force among the basic rescue units. the aim of the authors was to evaluate the effectiveness of the change of the functioning institutional principle and to point out its positive and negative aspects. In conclusion, the authors state that they agree to that mentioned change also with regard to various extraordinary police events or high - profile incidents, for which primaries members of the Police Force are trained and therefore their coordination is desirable in the given cases.

Skin in the Game: An Analysis of Venture Capital Investment in Dermatology from 2002 to 2021

Skin in the Game: An Analysis of Venture Capital Investment in Dermatology from 2002 to 2021

VV-ECMO in severe COVID-19: multidimensional perspectives on the use of a complex treatment

VV-ECMO in severe COVID-19: multidimensional perspectives on the use of a complex treatment

Islam and Psychology in the post-Soviet space: history, modernity and prospects

The article provides an overview of the history, current state, trends and prospects for the development of the field of knowledge and practice at the intersection of Islam and Psychology in selected countries of the post-Soviet space in line with global trends in Islamic Psychology and the historical, social, political and legal contexts that are characteristic of these countries. An analysis of the modern context, historical experience and existing developments of the Soviet and post-Soviet periods allowed the authors to identify the general and the particular in the theory and practice of Islamic Psychology in the countries under consideration, as well as to assess the prospects for its development.The authors state that the development of the problems of Islam and Psychology in the Russian Federation has a solid academic and practical basis for the further development of Islamic Psychology and the provision of psychological assistance to Muslims based on the Islamic tradition. Based on a detailed analysis of a number of areas of activity (scientific, educational, consulting, etc.) in this area, it is indicated that in Russia the field of Islamic Psychology is developing at a faster pace than in other CIS countries. It is noted that the Russian model can serve as a kind of example for the development of Islamic Psychology in these countries (Azerbaijan, Kazakhstan and the states of Central Asia), which in many ways follows the pattern of the Russian Federation with relevant regional specifics and has great opportunities and prospects, given that the majority of the population of these countries belongs to Muslims, who have historically deep roots of Islamic culture and religion.

RETRACTED: Corrigendum to ‘The correlation of serum adiponectin and insulin resistance with the presence and severity of dementia in non-obese Alzheimer's patients’ [Clin Nutr ESPEN 40 (C) (2020) 376–382]

The authors clarify that the research group of this study in the neuroscience research center of our university started to work on two different proposals with two different ethical approval IDs (Visfatin research project: IR.MUQ. Rec.1394.100 and Adiponectin research project: IR.MUQ. Rec.1397.168). Due to the similarity of the study cases (patients with Alzheimer's disease) in both studies while there was just an active clinic for dementia in our institute, these two projects were carried out by a joint research team, but with two different responsibilities. During the study conduction (2017–2018) sufficient cases for the Alzheimer's disease group and the control group were enrolled in the same data bank. As there were two separate studies were being conducted from a common study cases bank, for all of the subjects, two different checklists were filled out and separate blood samples were taken at different times (according to each study's inclusion criteria) and also these samples were analyzed with different laboratory kits (specific for each study). Statistical analysis and then the process of study writing was followed separately by each of the responsible authors. Finally, the first article was published in Acta Neurologica Belgica and the second (current study) was submitted to Clinical Nutrition ESPEN. Finally, the authors state that the similarity between some variables of these two studies is due to the use of the same data bank of the study subjects for these two separate studies. The authors would like to apologize for any inconvenience caused. The correlation of serum adiponectin and insulin resistance with the presence and severity of dementia in non-obese Alzheimer's patientsClinical Nutrition ESPENVol. 40PreviewAlteration in the insulin signaling could contribute to the development of Alzheimer's disease (AD) through metabolic or inflammatory processes, adipokines could affect insulin dysregulation. This study aimed to investigate whether there is a correlation between serum adiponectin level alteration and insulin resistance with the presence and severity of AD, compared to normal controls. Full-Text PDF