Code Rules Research Articles

THE TRUST PROPERTY LAW AS A WAY TO ENSURE FULFILLMENT OF OBLIGATIONS IN THE CIVIL LAW OF UKRAINE

The introduction of the legal design of trust property as a way of ensuring the fulfi llment of the obligation in the civil law of Ukraine was carried out to fulfi ll the obligations assumed by Ukraine under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Commonwealth for Atomic Energy and their member States, on the other, in particular – the Implementation of the Directive 2002/47/ЕU of the European Parliament and the Council of the European Union, which defi nes fi nancial security arrangements that are based on the full transfer of ownership of fi nancial security.Taking into account the European integration aspirations of Ukraine, the consolidation in Chapter 49 of the Civil Code of Ukraine, which has the name «Enforcement of the Obligation» of such a method of enforcement of the obligation as the trust property law is certainly an important event. However, in terms of civil law theory in general and compulsory law in particular, the feasibility of such an institution raises some doubts, and the fact of the institution raises questions, the answers to which are being sought within the framework of the study. The purpose of the article is to defi ne the characteristics of the trust property law as one of the ways to ensure compliance with the obligation in the Civil Law of Ukraine.In order to achieve this goal, the authors analyze the legal design of trust property from the point of view of the public teaching on real and binding rights, study the specifi cs of legal relations that arise in the case of the conclusion of a contract on the establishment of trust property (in accordance with the requirements of § 8 of Chapter 49 of the Civil Code of Ukraine), and identify problematic aspects of the legal regulation of the relevant social relations.In the article it is proved the conclusion that individual pricing of sale of an object of confi dential property will not be coordinated with the provisions of the Law of Ukraine «On the Assessment of Property, Property Rights and Professional Estimated Activity in Ukraine» (regarding instructions of rather obligatory evaluating property). It is also noted that the implementation of the provisions of article 5978 of the Civil Code of Ukraine may lead to violation of the debtor’s rights in terms of non-conformity with the sale price of the actual value of the asset, as the creditor is interested in selling the asset more quickly at a price that is equal to the debt, because everything that is above that, it will have to return the debtor.In addition, the article deals with issues related to the mechanism of enforcement by the trustee of the claim on the object of trust. In particular, the content of article 5978 of the Civil Code of Ukraine is analyzed, according to which condition of acquisition by the debtor of the right of overwhelming purchase of the object of trust is payment of a monetary amount to the deposit account of the notary. The establishment of such a rule in the Civil Code of Ukraine causes an unequal position of the debtor with respect to any other buyers who can acquire property and choose any other method of calculation than the deposit amount in the deposit account of the notary.The situation is complicated by the fact that the debtor is granted only 5 days (from the date of receipt of the message on sale of the object of trust) to pay the amount to the deposit account of the notary.

Emptying the wastebasket: a historical and taxonomic revision of the Jurassic crocodylomorphSteneosaurus

AbstractTeleosauroidea is a clade of ancient crocodylomorphs that were integral components of coastal marine environments throughout the Jurassic. For nearly two centuries, one of the most familiar genera of teleosauroids has been Steneosaurus, encompassing nearly every teleosauroid species at some point. However, no type species has been designated for Steneosaurus under ICZN Code rules; the type specimen of the presumed type species S. rostromajorGeoffroy Saint-Hilaire, 1825 (MNHN.RJN 134c-d) is a chimera that has been largely neglected in the literature. Moreover, there is confusion as to which teleosauroid species it pertains to, and the genus Steneosaurus is often recovered as paraphyletic or polyphyletic in phylogenetic analyses. As such, the validity of Steneosaurus is uncertain. Here we formally designate S. rostromajor as the type species of Steneosaurus, designate a lectotype and re-evaluate MNHN.RJN 134c-d. We compare it with several well-known teleosauroids, including Lemmysuchus and ‘S.’ edwardsi. Due to lack of autapomorphic characters, poor preservation and a tortured taxonomic history, we find MNHN.RJN 134c-d to be an undiagnostic and unreliable specimen. Thus, we consider S. rostromajor as a nomen dubium and propose that the genus Steneosaurus is undiagnostic. This has profound implications for teleosauroid phylogenetics, which we will clarify in an upcoming paper.

Trusts Reimagined: The Transplantation and Evolution of Trust Law in Northeast Asia

Abstract This Article suggests that the trust envisaged by a Northeast Asian lawyer is not like the trust a common lawyer would generally conceptualize, and that a structurally different species of trust has been reconstructed and reimagined in Northeast Asia. Trust law can be transplanted, yet some of its rules are too cumbersome to be accepted directly. This ultimately calls for modifications of some of the features of the common law trust, which happened in Northeast Asia when trust law was transplanted into Romano-Germanic civil law culture, culminating in a type of civil law trust. This Article explains how the doctrinal conflicts between the civil law tradition and the common law trust have been resolved by examining the transformations that took place in the course of the transplantation process and how these conflicts created a distinctive underlying structure of the trust in Northeast Asia. Many compromises and modifications were made to pare down conflicts arising from grafting the common law-based trust onto Romano-Germanic soil. However, adopting modified trusts unexpectedly led to the dilution of some of the traditional rules in the civil codes. These alterations and the ensuing discordance with some presently well-settled civil law theories are the core themes of this Article.

Effect of Rib Geometry in Steel–Concrete Composite Beams with Deep Profiled Sheeting

Presented are the results from a finite element model of steel–concrete composite beams with deep decks and a comparison with various analytical/design methods. Using a deck deeper than 80 mm are becoming popular with a desire for longer spanning capability and lower concrete volume. However, there are no design rules in either American or European design codes for using a deck deeper than 80 mm, as both codes limit the deck rib height to 75 and 85 mm, respectively for using the stud’s capacity formula. Therefore, research is needed to establish the design stud capacity in beams with decks deeper than 80 mm. After extensive validation, the 3-D FE model is used for a parametric study with tests having decks deeper than 80 mm. The parameters include rib geometries, studs’ layout and concrete slab reinforcements. The FE results showed that stud capacity with narrow and deep decks (100–150 mm) is about 70% of the conventional decking (60–80 mm deep). The stud capacities from the numerical results were compared to the predicted strengths from the design/theoretical models. While the equations from the concrete pull-out failure mode by Johnson and Yuan (Proc Inst Civ Eng Struct Build 128(3):252–263, 1998) gave reasonable predictions with a coefficient of variation as 11%, both EC4 and ANSI/AISC rules provided inaccurate and inconsistent predicted strengths. A generalised stud capacity formula should be developed in the design codes for decks deeper than 80 mm.

Cyclic shear resistance model for Eurocode 8 consistent with the second-generation Eurocode 2

The 1994 pre-standard ENV-Eurocode 8 followed the 1985 “Seismic Annex” of the CEB/FIP Model Code 1978 in reducing or eliminating the contribution of concrete to the shear resistance of higher ductility concrete members with axial compression less than 10% of the axial force resistance. The first-generation EN-Eurocode 8 tried to achieve the same end result for high ductility beams, within the constraints set by the elimination of the contribution of concrete to shear resistance in the first-generation EN-Eurocode 2. Comparison with over 1100 cyclic tests of shear-critical RC members shows that these code rules give on average a serious safety deficit, especially in members designed for ductility. The deficit is reduced in members designed for ductility using the first-generation EN-Eurocode 8 and turns into surplus for those designed for shear strength alone, but at the price of very high scatter. The strain-dependent monotonic shear resistance model in the 2018 draft of the second generation EN-Eurocode 2 agrees on average well with over 500 cyclic tests of RC members which failed in shear without yielding in flexure, but with lack-of-fit with respect to most variables affecting shear resistance. More important is its bias in the unsafe direction for almost 600 cyclic tests which led to shear failure after flexural yielding. The following modifications to this monotonic shear model give good average agreement with cyclic tests that led to shear failure before or after flexural yielding: (a) inelastic longitudinal strains at section mid-depth in plastic hinges are estimated using the “equal displacement rule”; (b) the transverse component of the strut force transferring a column’s axial compression from the compression zone of one end section to the diagonally opposite compression zone at the other end is added to the shear resistance; (c) the special model in Eurocode 2 for resistance to shear due to point loads near supports is used in squat walls or columns; (d) the concrete strength along the compression field is reduced by 37.5%, and (e) upper limits are set to the strength values of transverse reinforcement and concrete. In addition to filling a gap in Part 1 of Eurocode 8 concerning design of new concrete structures, the proposed approach can replace the current portfolio of (semi-)empirical models in Part 3 of the first-generation Eurocode 8 and in the draft of the second-generation one, which give the cyclic shear resistance before and after flexural yielding for four different combinations of failure mode and member type, without bias and with less scatter than the new, holistic approach.

Novelties in Psidium (Myrtaceae): A New Species from the Atlantic Forest of Brazil, and Re-establishment of Psidium turbinatum Mattos

Abstract—Psidium involutisepalum, a new species of Myrtaceae, is described and illustrated. The species is easily recognized by the combination of floral buds with calyx minute, truncate or rounded, 0.2‐0.5 × 0.5‐1 mm, involute in fruit, facing the receptacle. The fruits are rounded to pyriform, 20‐30 × 13‐20 mm, yellow when mature, glabrous, striate, sepals involute, facing the receptacle, seeds 1‐6, 7‐9 × 6‐7 mm, rounded to angular. Based on the types and specimens examined, literature survey and the rules of international code of nomenclature, Psidium turbinatum is recognized here as a legitimate name. The relationship of Psidium involutisepalum, P. myrtoides, and P. turbinatum is discussed and comments concerning their taxonomy and ecology are also provided.

Systematic review of descriptions of novel bacterial species: evaluation of the twenty-first century taxonomy through text mining.

Although described bacterial species increased in the twenty-first century, they correspond to a tiny fraction of the actual number of species living on our planet. The volume of textual data of these descriptions constitutes valuable information for revealing trends that in turn could support strategies for improvement of bacterial taxonomy. In this study, a text mining approach was used to generate bibliometric data to verify the state-of-art of bacterial taxonomy. Around 9700 abstracts of bacterial classification containing the expression 'sp. nov.' and published between 2001 and 2018 were downloaded from PubMed and analysed. Most articles were from PR China and the Republic of Korea, and published in the International Journal of Systematic and Evolutionary Microbiology. From about 10 800 species names detected, 93.33 % were considered valid according to the rules of the Bacterial Code, and they corresponded to 82.98 % of the total number of species validated between 2001 and 2018. Streptomyces, Bacillus and Paenibacillus each had more than 200 species described in the period. However, almost 40 % of all species were from the phylum Proteobacteria. Most bacteria were Gram-stain-negative, bacilli and isolated from soil. Thirteen species and one genus homonyms were found. With respect to methodologies of bacterial characterization, the use of terms related to 16S rRNA and polar lipids increased along these years, and terms related to genome metrics only began to appear from 2009 onward, although at a relatively lower frequency. Bacterial taxonomy is known as a conservative discipline, but it gradually changed in terms of players and practices. With the advent of the mandatory use of genomic analyses for species description, we are probably witnessing a turning point in the evolution of bacterial taxonomy.

A Novel Improved Local Binary Pattern and Its Application to the Fault Diagnosis of Diesel Engine

Aiming at the feature extraction difficulty of vibration signals, an improved local binary pattern- (ILBP-) based diesel engine fault diagnosis approach is proposed. To effectively make use of the component spatial information in time-frequency images, local binary pattern (LBP) algorithm is applied. Also, in view of the problems that traditional LBP coding is easily interfered by singular pixel points and the relative spatial information is not prominent, an improved coding rule of the LBP operator is put forward in this paper. Compared with some typical LBP algorithms, computational complexity of the proposed ILBP algorithm is greatly reduced, and the coding sparsity is greatly improved. The ILBP operator is applied to fault diagnosis of BF4L1011F diesel engine with eight different valve conditions. For comparison, six kinds of time-frequency distribution are used to convert raw vibration signals into time-frequency images, and then circular LBP, rotation-invariant LBP, uniform LBP, and ILBP operator are applied for texture coding. Finally, nearest neighbor classifier (NNC) and support vector machine (SVM) are used for fault identification. The classification results show that the ILBP operator proposed in this paper can better describe the texture feature information in vibration time-frequency images of the diesel engine, and a good diagnostic effect can be achieved by combining wavelet packet (WP) distribution and ILBP.

Book Review: Blockchain and the Law: The Rule of Code

Book Review: Blockchain and the Law: The Rule of Code

ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ СЛУЖБОВО-ТРУДОВИХ ВІДНОСИН НА ДЕРЖАВНІЙ СЛУЖБІ

У статті розглядаються особливості правового регулювання службово-трудових відносин на державній службі України, а також проводиться аналіз окремих норм Кодексу законів про працю України і Закону України «Про державну службу», що стосуються праці державних службовців.
 Ключові слова: державна служба, службово-трудові відносини, трудовий договір, контракт, правове регулювання праці.

Performance enhancement using decentralised cooperative transmission in an MISO‐VLC system

In this study, the authors propose a decentralised cooperative transmission in a multiple-input–single-output visible light communication (VLC) system to deal with the co-channel interference (CCI) converting the interference between adjacent light-emitting diode (LED) lamps into the desired signal and to overcome link blockage recovering the data when the obstruction is not severe. VLC uses the LED lamps already installed for illumination and can alleviate the growing data traffic in the existing wireless communications without interfering. However, CCI and link blockage must be considered to improve performance. The proposed scheme decentralises a cooperative transmission employing a randomised coding rule since each LED sends a random linear combination of the columns of a deterministic code matrix whose coefficients are independent and identically distributed and the decoding is performed by ignoring the number of cooperative LEDs that is unknown and time varying at the receiver. Through computer simulations, the proposed scheme outperforms a centralised scheme when the random coefficients are real and positive. Although the performance deteriorates as decreasing the received links, it does not require to exchange information among the LEDs before transmission or receive all data before decoding as in a centralised scheme.

FAKTOR YANG MEMPENGARUHI PELAKSANAAN ACARA PEMERIKSAAN CEPAT DI PENGADILAN NEGERI BANGLI

<p>The court is obliged to uphold justice regardless of one’s social status. Resolving criminal cases is carried out through the courts with various types of examination processes. The examination process is referred to as a normal examination, a short examination, a quick examination in accordance with the Criminal Code. Therefore, it is necessary to know whether the implementation of the rapid inspection program has been carried out in accordance with the<br />applicable rules both in the Criminal Code and other legal rules. The implementation of the quick inspection program at the Bangli District Court can be carried out effectively and efficiently so that the achievement of legal objectives, namely justice and legal certainty for the entire community. It is inseparable from the factors that influence its implementation. So that in this<br />study the author discussed what are the factors that influence the implementation of the rapid inspection program in Bangli District Court and whether there are any factors that become obstacles in the implementation of the rapid examination program at Bangli District Court. The results of the study are as follows: Factors that influence the implementation of the rapid inspection<br />program at Bangli District Court namely; law enforcement, community, facilities and facilities as well as cultural factors.</p>

Tax Loss Utilization through Company Reorganizations

In this article, the author outlines the rules of the Greek Income Tax Code on company restructurings and transfers of losses, including the impact of the applicable anti-abuse rules, in light of recent guidance issued by the Greek tax authorities.

Compliance with the Principle of Federalism in Bringing to Administrative Responsibility

The subject of the study is the extension of the principle of federalism on the validity of the Code of Administrative Offences of the Russian Federation. The paper raises the issue of its extension to normative legal acts adopted by the public authorities of the constituent entities of the Russian Federation and municipal normative legal acts. The author has analyzed the decisions of courts of different levels on bringing to administrative responsibility on the basis of the Administrative Code of the Russian Federation for violations of the law rules of constituent entities of the Russian Federation. The article contains conclusions about the need to correct the provisions of Article 1.3 of the Administrative Code of the Russian Federation. The proposed design of the norm will clearly delineate the powers of the Russian Federation and the constituent entities of the Russian Federation in determining administrative responsibility and excluding the possibility of brining to administrative responsibility for the violation of normative legal acts of constituent entities of the Russian Federation and municipal bodies on the basis of the rules of the Administrative Code of the Russian Federation.

Improving students’ programming quality with the continuous inspection process: a social coding perspective

College students majoring in computer science and software engineering need to master skills for high-quality programming. However, rich research has shown that both the teaching and learning of high-quality programming are challenging and deficient in most college education systems. Recently, the continuous inspection paradigm has been widely used by developers on social coding sites (e.g., GitHub) as an important method to ensure the internal quality of massive code contributions. This paper presents a case where continuous inspection is introduced into the classroom setting to improve students’ programming quality. In the study, we first designed a specific continuous inspection process for students’ collaborative projects and built an execution environment for the process. We then conducted a controlled experiment with 48 students from the same course during two school years to evaluate how the process affects their programming quality. Our results show that continuous inspection can help students in identifying their bad coding habits, mastering a set of good coding rules and significantly reducing the density of code quality issues introduced in the code. Furthermore, we describe the lessons learned during the study and propose ideas to replicate and improve the process and its execution platform.

Liability for Intelligent Robots from the Viewpoint of the Strict Liability Rule of the Hungarian Civil Code

The European Parliament resolution of 16 February 2017 on Civil Law Rules on Robotics proposed that the strict liability and the risk management approach are alternative legal instruments to achieve the goals set out by this instrument. The evolution of strict liability is parallel with technological change; our question here is whether the elaborated rules are appropriate for managing new problems. For establishing accountability, the question arises: who is to be held liable for damages and based on which form of liability? Setting aside the issues of product liability and setting aside the independent liability of the most sophisticated autonomous robots having ‘electronic personality’, this essay concentrates on liability questions of the user, and it examines the strict liability rules instituted by the Hungarian Civil Code and their application in practice. According to the results of our previous research, the judicial practice regarding the general clause of liability for dangerous activity (Section 6:535. HCC) is quite flexible and covers the liability issues of damage caused by artificial intelligence. We observed also that the criterion ‘dangerous’ means less and less risk of damage within normal circumstances, and this statement of fact in practice also successfully competes with other strict liability rules (i.e. product liability for malfunctioning medical devices, liability for dangerous animals, etc.). The capacity of the ‘keeper’ or ‘operator’ of the robot and the emerging new types of risks are also touched upon.

Color Image Encryption Algorithm Based on DNA Coding and Double Chaos System

This paper combines DNA computing with double-chaos systems and proposes an algorithm for color image encryption at the bit level. First, we use Arnold algorithm to scramble the three components of the color image, and the number of iterations was determined by the average of the three components, which improved the scrambling effect of Arnold algorithm. Secondly, after a lot of experiments, we propose a double-chaos system composed of Lorenz chaotic mapping with variable parameters and fourth-order Rossler hyperchaotic mapping to generate three sets of chaotic sequences for diffusion operation. The double-chaos system compensates the pseudo-randomness of the two types of chaotic mappings, making chaotic sequences more difficult to predict. Then, we transform the chaotic component images and chaotic sequences into DNA sequences in accordance with eight DNA coding rules, and the coding rules are determined by plaintext information or generated chaotic sequences. We also perform addition, subtraction, and XOR operations on them. DNA computation can realize color image bit-level diffusion and reduce the computational cost. The plaintext information is embedded in the encryption process to achieve “One-Time Pad”. Simulation experiments and detailed analysis are conducted with the proposed encryption scheme to prove that the algorithm has good security performance and can effectively resist all types of attacks, indicating that the proposed algorithm is competitive.

Police efforts during the coronavirus epidemic

The aim of this article is to draw attention to the Police efforts during the state of epidemic announced on 25 March 2020 connected to the COVID-19 virus. These efforts are being made on the basis of particular laws in force during this state, but also on the basis of the rules in the penal code. The execution of specific tasks involves effectiveness, which ensures proper cooperation of many bodies, including the cooperation of the epidemiological services with the Police and units of medical rescue. It is important, however, to obey the rule of proportionality in applying certain measures of power in the institutions involved in the execution of prohibitions and obligations of specific behaviour during the state of epidemic. The measures of power cannot also lead to disruptions of the principle of law-abidingness.

RESOLUTION OF A DISPUTE ABOUT THE PRESCRIPTION CONTENT (RIGHT OR DUTY?)

Abstract: often, the defendant refers to the right prescribed to him in the case when the claimant asserts that there is a duty of the defendant, relying on the same regulatory prescription. This is due to defects in legal structures that give rise to uncertainty in legal prescriptions. Interpretation of such constructions in judicial practice allows us to formulate some rules (algorithms) for resolving disputes about the prescription content. Presented word forms the legal prescriptions and the findings resulting from their combinations, in conjunction with the status of participants of disputable legal relations and certainty of prescription addressed to one or both subjects of the relationship. The paper presents the results of a research aimed at creating a computer program for information and technological support for making reasoned court decisions in cases of claim proceedings under the rules of the civil procedure code of the Russian Federation, created by S.B. Polyakov and I.A. Gilev.

Joint BATS Code and Periodic Scheduling in Multihop Wireless Networks

Batched sparse (BATS) code is a promising technology for reliable data transmission in error-prone environments. A BATS code consists of an outer code and an inner code. It has been shown that a well-designed inner code is critical to the performance of BATS. Though great efforts have been made in the design of inner codes, the impact of scheduling (that determines when inner codes take place at nodes in the path) on inner codes is still unclear. In this paper, we study the joint design of inner code and scheduling in multihop wireless networks. We first introduce a new network utility from which to associate inner codes with scheduling, and formulate the coding constraint and the scheduling constraint using independent sets of a graph. With the utility, the joint design problem is then transformed to a network utility maximization problem under the constraints. We next exploit the property of the proposed optimization problem and reveal the relation between the expected batch transfer matrix rank and maximal independent sets. In the light of their relationship, we propose joint coding and scheduling rules and show that a periodic scheduling can be used to achieve provable performance guarantees. However, under most realistic coding settings, the proposed coding and scheduling problem is NP-hard. In order to meet the practical needs of the implementation, we develop greedy algorithms that attempt to iteratively improve the current best solution. Numerical results show that our algorithms enables us to approach the utilization of multi-hop wireless networks with a relatively low end-to-end delay.