Problem Of Compensation Research Articles

Compensation for moral damage in social security law

The article is devoted to the study of theoretical and practical problems of compensation for moral damage caused to the authorized subject by illegal actions, inaction, decisions of the obliged subject in the field of social protection, and the evaluation of the effectiveness of the appropriate penalty in the law of social security. It is proved that, given the fact that sanctions in the law of social security are characterized by a special legal force, which consists in directing the termination of the offense / elimination of its consequences and obstacles that stand in the way of ensuring the interests of the participants of material and procedural relations in the law of social security, causing negative consequences for a person who has not fulfilled the obligation provided for by law or contract in the field of social protection, it can be said that compensation for moral damage belongs to the number of sectoral sanctions of the law of social security, although it has a civil legal nature. The article states that the spread of the application of compensation for moral damages in social security law is connected with the transformation of sectoral social relations and a change in the mechanism of their regulation, which is characterized by the emergence of multi-component inter-sectoral legal constructions, which, nevertheless, fully meet the purpose of legal regulation of sectoral relations - ensuring social security of the population. It was established that the absence of a direct indication of the possibility of compensation for the moral suffering of the authorized subject in the social security legislation does not limit the ability of citizens to apply to the court with a corresponding claim. In any case, when solving the issue of protection of the right to social protection, the mechanism established by Art. 56 of the Constitution of Ukraine, Art. 23 of the Civil Code of Ukraine. The article concludes that, given the subject composition of social protection providers, the actual effectiveness of compensation for moral damages in the law of social security still depends on the budgetary financing of the execution of court decisions guaranteed by the state.

The Effect of Work Communication on Employee Turnover Intention

Work communication encompasses the exchange of information, ideas, and understanding between individuals or groups within an organization. Effective communication can strengthen relationships among team members, management, and employees in creating a healthy work environment. On the other hand, issues such as compensation problems and work stress are frequently experienced by employees and can lead to major challenges like high turnover rates, as faced by PT PG Rajawali II Cirebon. This research aims to determine the influence of work communication on employee turnover intention at PT PG Rajawali II Cirebon, specifically regarding employees' desire to stay or leave the organization. This research employs quantitative methods and statistical analysis with a population of 125 people, applying theories of work communication and turnover intention. The results show that 16.4% of turnover intention within the company is caused by inhibited communication. Communication at PT PG Rajawali II Cirebon is still lacking, as work errors due to employee miscommunication ultimately affect employees' intention to leave the company. The implications of this research indicate that effective work communication within an organization can strengthen relationships, enhance job satisfaction, and reduce turnover intention or the desire to leave. Based on the research results, it can be concluded that good work communication can reduce turnover intention by increasing employee satisfaction and engagement.

Research on Strengthening China's Economic Losses from Ship Oil Pollution Based on Compensation Mechanisms

The oil pollution compensation system in China was established late, and the design of the legal system is not perfect, which exposes many problems in the practice of claim settlement. This paper analyzes the present situation and problems of compensation mechanism for oil pollution damage from ships in China, and draws lessons from the legislative experience of Canada and the United States, and puts forward some suggestions for improvement. The specific contents include the legislative status and existing problems of compensation for oil pollution damage from ships in China, the relevant legislative status of representative countries, the comparison of three major international compensation systems, and the legislative choice and specific system suggestions of China. By using the method of literature analysis, this paper systematically analyzes the legislative status, advantages and disadvantages of compensation for oil pollution damage from ships in various countries through the study of relevant legal documents and practical cases at home and abroad. Through comparative study and drawing lessons from international experience, it is suggested that China adopt a dual-track compensation mechanism.

Compensation of payment of a penalty for improper performance (non-performance) of the duties by the parties to legal services supply agreement

The article is focused on the problem of compensation of payment of a penalty for improper performance (non-performance) of the duties by the parties to legal services supply agreement. The author has indicated that the protection of the rights and interests of the subjects of civil relations, in accordance with the requirements of paragraphs 8, 9 of Part 2 of the Art. 16, paragraphs 3, 4 of Part 1 of the Art. 611 of the Civil Code of Ukraine, can be carried out by means of compensation of damage and other methods of compensation for property damage, compensation for moral (non­property) harm and award of a penalty. The analysis of case-law shows that compensation of damage by customers of legal services, along with termination of contracts, is ranked first within the structure of judicial protection methods in obligations to provide legal services. Talking about the compensation for moral harm and award of a penalty, such methods of protection are applied extremely rarely. Accordingly, the author believes that the problem of the responsibility of a provider of legal services, in particular the matter of classification of the appropriateness (or, on the contrary, inappropriateness) of performing own duties by this party of the obligation, causes the most problematic issues both from the point of view of the doctrine of civil law and legal enforcement practice The author of the article has noted the possibility of applying a penalty for such types of offenses as delay in fulfilling the main obligation (delay in providing a legal service per se) and delay in returning funds to a customer. The legislation of Ukraine does not provide the possibility to apply a penalty in relation to improper (low-quality) service provision. Therefore, if a provider began to provide legal services in time, but provided them improperly, then the application of a penalty (fine) to his illegal behavior will be possible only if the contract concluded between the provider and the customer of legal services specifically stipulates a relevant term. Taking into account the known advantages in the position of legal services’ providers regarding certain dictates of contractual terms at the stage of concluding contracts, such a penalty clause is unlikely to appear in such contracts. The difficulty of applying this type of a penalty is also explained by the problem of determining the criteria for assessing the quality of legal services’ provision. As we have noted, there are no such clear criteria. Therefore, the application of a penalty (fine) for the “low-quality” legal service fulfilled by the provider is also complicated by objective reasons. The author has substantiated the provisions that the composing elements of an offense are required in order to apply a penalty in legal relations on supplying legal services. In contrast to compensation of damage, lesser form of an offense is sufficient for awarding a penalty: wrongfulness of the performer’s behavior and his guilt. In order to avoid unnecessary repetition, we step aside from studying these aspects, since they are sufficiently thoroughly researched in the material of this subsection on compensation of damage.

Wavelet neural network algorithm for hybrid GA in infrared CO2 gas sensor

As the economy develops and the environmental impact of the greenhouse effect becomes more apparent, the need for precise measurement of specific gas concentrations in the air has become increasingly pressing. Nevertheless, as a representative of greenhouse gases, CO2 gas detectors are susceptible to environmental temperature fluctuations, which impairs the accuracy of detection. To address this issue, the research team innovatively combined the genetic algorithm (GA) and the wavelet neural network (WNN) to develop a solution for the temperature compensation problem of the infrared CO2 gas sensor. The non-dominant sorted genetic algorithm II (NSGA-II) was integrated into the GA to achieve a balance between the accuracy, complexity, and temperature performance of the model through multi-objective optimization. The results showed that compared with other existing models, the GA-WNN model proposed in this study can significantly reduce the difference between the detected values and the actual environmental values under various temperature conditions when processing data. Especially at an ambient temperature of 49 °C, for a true CO2 concentration of 2000 ppm, the detection value processed by the GA-WNN algorithm was 2046 ppm, with a relative error of only 2.3 %, far lower than the 9.8 % of Faster RCNN algorithm and 11.5 % of WNN algorithm. The contribution of the research is the proposal of a novel temperature compensation method that significantly enhances the precision of infrared CO2 gas sensors. This is of paramount importance for enhancing the accuracy of gas detection in environmental monitoring and industrial control.

On the Mathematical Background of Sliding Mode-Based Friction Compensation of a Micro-Telemanipulation System

Modeling of various phenomena in engineering work is always a kind of simplification of real processes, aiming at a model where a certain level of mathematical theory and computational procedures is sufficient. If the complexity of the required theory corresponds to the general mathematical competence of engineers, then technical problems can be treated separately in engineering (or physical) models without regard to the mathematical background. However, in some advanced engineering fields, the harmonized development of engineering and mathematical models and toolboxes is necessary to find efficient solutions. For example, modeling variable structure systems in ideal sliding mode requires a mathematical toolbox that goes far beyond general engineering competence through the theory of discontinuous right-hand-side differential equations. Although sliding mode control is popular in practice and the concept of sliding mode allows a significant reduction of model complexity, its exact mathematical description is rarely encountered. The problem of friction compensation of a micro-telemanipulator using sliding mode control demonstrates a harmonized application of the mathematical and engineering approaches. Based on Filippov’s theory, the ideal sliding mode can be discussed. Although an ideal system cannot be implemented in reality, the real systems can be kept close enough to it; therefore, the discussion of the solution of the ideal model is important for practical applications. Although several elements of the topic are available in the literature, in this paper a unique complex approach is given for users of sliding mode control with experimental considerations, different engineering models, and codes. The paper concludes that sliding mode control is a case where engineering and mathematical modeling are inseparable and requires the competence of both fields.

Lamb wave based damage imaging in variable thickness plates

The researches on Lamb wave based damage localization for constant thickness plates have been widely investigated in the field of structural health monitoring, while the issue of Lamb wave based damage imaging in variable thickness plates is rarely addressed. This is because the Lamb wave propagation characteristics in plates with varying thickness is more complex than that with constant thickness. In this study, a Lamb wave based damage imaging method using a sensor array is proposed for damage localization in variable thickness plates. In the process of point-by-point imaging within the interested imaging area, a signal back-propagation operator based on a Lamb wave propagation model can deal with the problem of dispersion compensation for Lamb waves propagating in variable thickness plates. The Lamb wave propagation model, which is based on the assumption that Lamb waves propagating in a variable thickness plate can be seen as that propagating in a sequence of short and constant thickness plates with different thicknesses, can predict Lamb wave response waveform in variable thickness plates. Numerical simulations and experiments on aluminum plates with linearly varying thicknesses are implemented, and the imaging results validate the effectiveness of the proposed method.

Групповые иски в Канаде

The article is dedicated to class actions and class litigation in Canada. Initially evolved from legislative sources of England and the USA, class litigation in Canada has received independent and original development. The profound reform in Ontario that took place in July 2020 made significant amendments to Class Proceedings Act, 1992, which reflect the latest achievements in the field of class litigation. The latest changes in this Act are analysed in the article. Moreover, the following questions are raised: certification and authorisation as class proceedings, necessary to confirm the group for class action, its multiplicity, necessary to form the class action, questions of preferability of group procedure (predominance and superiority) and native language in class litigation. Special point of research is question of costs in class litigation, which has peculiar features in Canadian class action law. They consist in refusal to compensate the judicial costs or in compensation by third-party investor company or by the state (state funds). These approaches offer a fresh look at the problem of compensation of judicial costs in class litigation. The experience of Canada can be used in certain boundaries in Russia.

Language Impairment in English-Speaking Patients with Alzheimer’s Disease: A Role and Reference Grammar Contribution

The linguistic aspects of Alzheimer’s disease have received much less attention from qualitative viewpoints than from quantitative research perspectives. For this reason, the present article proposes the application of the linking algorithm provided by Role and Reference Grammar (RRG) to a corpus from English-speaking patients with Alzheimer’s, namely the Pitt corpus. A sample of verb predicates from this corpus has been analyzed according to the steps provided by the grammar. Thus, the aims of this article are, on the one hand, to identify and describe the linguistic deficits found in the early stage of Alzheimer’s disease and, on the other, to show the feasibility of this grammar in the description and possible early diagnosis of this neuro-degenerative disease. The results manifest a greater proportion of simple sentences with respect to coordinate, cosubordinate and subordinate sentences, as well as compensation strategies and problems with lexical retrieval.

Finite-time disturbance observer-based levitation control for vehicle-guideway coupling systems

In this study, a novel composite control scheme for the vehicle-guideway coupling systems is proposed, consisting of FTDOs and a FTC, aiming to address the challenges of unknown disturbances and vibration suppression. Specifically, this method adopts a single magnet-track coupling model and introduces a finite-time disturbance observer (FTDO) that utilizes only measured electromagnet-side signals to estimate unmeasurable states and unknown disturbances. Based on the estimated information provided by the FTDO, a finite-time control (FTC) scheme is developed, which simultaneously handles the problems of disturbance compensation and finite-time tracking control. Additionally, the finite-time stability of the levitation system is analyzed and proven. Finally, simulation and experimental results are given to demonstrate the feasibility and superiority of the proposed control approach.

Spatial phase distortion compensation technology based on combinatorial optimization method in heterodyne detection

The spatial phase distortion caused by turbulent atmosphere, target speckle, or optical system aberration causes decoherence of heterodyne signals. The decoherence effect is the key problem that imposes restrictions on the application of laser heterodyne techniques. We propose an approach for spatial phase distortion correction based on a genetic algorithm by establishing a one-to-one correspondence between combination of spatial phase compensation amounts and heterodyne efficiency of the system. The spatial phase distortion compensation problem is converted into a combinatorial optimization problem. The experiment results show that the method achieves excellent compensation performance for the spatial phase distortion, significantly contributing to the applications of heterodyne techniques.

Loss of Chance Damages in Competitions, Tenders and Trials in German Law

The paper examines the problem of compensation for damages for the loss of chance in the future (winning a tender, competition, litigation) and the evolution of views on it in the German legal order. The difference between this concept and loss of profit is considered. It is concluded that the loss of chance can be considered as an element of a cause-and-effect relationship that limits the amount of damages subject to compensation by the probability of a favorable consequence occurring, and as a separate benefit subject to civil protection using a method similar to that used for compensation of «purely economic losses». The author puts a special focus on the rule on the ability of the court to determine the amount of damages at its own discretion in the event of uncertainty in their size, which is extremely favorable to compensation for lost chances. In addition, the effectiveness of compensation for harm proportional to the lost chance is considered from the point of view of economic analysis of law. A comparative legal study of this institution in other legal orders proves the absence of barriers to compensation for losses of this kind in all continental systems of justice, the Russian one included.

Thermal error modelling of gear measuring instrument based on principal component regression

As gear measuring instruments (GMI) are frequently used at the production site, the influence of temperature on their accuracy and stability becomes non-negligible. The existing standards and technologies only consider the error modelling and compensation problem when the GMI is in a uniform temperature field and is not suitable for the production site environment with a large temperature change rate and large temperature gradient. The paper delves into the problems of GMI thermal error modelling at the production site. First, the temperatures of the GMI and its surroundings were measured using multiple temperature sensors. The parallelism thermal errors between centres and the Z-axis (referred to as parallelism thermal errors) and the y-direction spatial thermal errors (referred to as spatial thermal errors) were also measured by the probe and laser interferometer synchronously. Then, the models of them were established based on principle component regression (PCR). As evidenced by the experimental results, the fitting determination coefficient of the models are both greater than 97%, and the prediction determination coefficient is greater than 90%, demonstrating that the models are precise and robust.

Parameter estimation of biased harmonic signal

This paper deals with the problem of asymptotically estimating amplitude, frequency and phase of a sinusoidal signal by adopting the theory of invariant relations proposed in analytical mechanics [8] and further investigated in [9, 10] (see also [11]). The problem of frequency, amplitude and phase estimation of a sinusoidal signal has attracted a remarkable research attention in the past and current literature. The reasons of this interest rely on several engineering applications where an effective and robust solution to this problem is crucial. To mention few, it is worth mentioning problems of harmonic disturbance compensation in automatic control, design of phase-looked loop circuits in telecommunication, adaptive filtering in signal processing, etc. In principle, the method of least squares, Fourier analysis, Laplace transform provide a potential solution to the corresponding problems. However, these methods may not be suitable, for example, for control algorithms with real-time data processing. The goal of this paper is to suggest a further contribution to this task by showing how to solve the problem at hand through the observer’s theory. The method of invariant relations is used for the asymptotically observation scheme design. This aproach is based on dynamical extension of original system and construct of appropriate invariant relations, from which the unknowns variables can be expressed as a functions of the known quantities on the trajectories of extended system. The final synthesis is carried out from the condition of obtaining asymptotic estimates of unknown parameters. It is shown that an asymptotic estimate of the unknown states can be obtained by rendering attractive an appropriately selected invariant manifold in the extended state space. The asymptotic convergence of the estimates of the sought phase vector components to their true value is proved. The simulation results demonstrate the effectiveness of the proposed method of solving the state observation problem of the harmonic oscillator. It should be noted that a more general approach, which forms an appropriate method for solving observation problems for nonlinear dynamical systems due to the synthesis of invariant manifold, was proposed as a modification of the I&I method (Input and Invariance) of stabilization of nonlinear systems in [12, 13].

Decoupling-style monaural speech enhancement with a triple-branch cross-domain fusion network

Monaural speech enhancement aims to remove background noise from noisy speech signals captured by a single microphone. In recent years, several cross-domain monaural speech enhancement methods are developed to leverage both waveform and harmonic information. However, these methods fall short in fully capturing the dependencies between the time domain and time-frequency (T-F) domain, as well as in harnessing the benefits of the target decoupling strategy. This paper proposes a causal encoder-decoder-based Triple-branch Cross-domain Fusion Network (TCF-Net), which effectively processes speeches by leveraging both time domain and T-F domain features. The proposed approach enables the parallel recovery of magnitude and phase information to alleviate the compensation problem between them. TCF-Net forms a triple-branch network by collaboratively reconstructing the enhanced spectrum with a complex spectrum branch and a magnitude spectrum branch, while incorporating time-domain information with a waveform compensation branch. To fully leverage the information from three domains, Triple-domain Fusion Modules (TFMs) are inserted in each intermediate layer of the model to extract and merge the information from two T-F domain branches and one time domain branch. The TFMs generate masks to progressively compensate for the magnitude of the two T-F domain branches and promote information interaction, further restoring the magnitude of the clean speech. Experimental results demonstrate that TCF-Net outperforms state-of-the-art (SOTA) cross-domain methods and target decoupling methods under causal configuration in all evaluation metrics, which validates the importance of the proposed cross-domain information fusion strategy and target decoupling strategy.

Advanced Nonlinear Control of Shunt Active Power Filter Connected to PV System via DC/DC Converter

We address the challenge of controlling a single-phase shunt active power filter in the presence of nonlinear loads. The active power filter is linked to a photovoltaic (PV) system, which supplies active power to the load. The main control objectives are: (i) mitigation of harmonics current and reactive power induced by the non-linear load; (ii) regulation the PV generator output voltage to follow its reference provided by the Maximum Power Point Tracking (MPPT) block, (iii) regulation the DC bus voltage to a constant value that must be greater than the amplitude of the grid voltage in order to guarantee full power injection to the non-linear load. To solve this problem, we use a nonlinear multi-loop controller. The inner loop is designed using the Backstepping method to cope with compensation problems. The external loop is responsible for regulating the dc bus voltage. The DC-DC boost control loop is designed to achieve the MPPT objective. The efficiency of the proposed controller is validated by simulation in MATLAB/Simulink.

VAG: A Uniform Model for Cross-Modal Visual-Audio Mutual Generation.

Considering both audio and visual modalities is helpful for understanding a video. In the face of harsh environmental interference or signal packet loss, automatically compensating for audio and vision is a challenging task. We propose a dynamic cross-modal visual-audio mutual generation model (VAMG), which includes audio to visual conversion, visual to audio conversion, audio self-generation, and visual self-generation. VAMG jointly optimizes modal reconstruction and adversarial constraints, effectively solving the problems of structural alignment and signal compensation in incomplete videos. We conducted an instrument-oriented and pose-oriented cross-modal audio-visual mutual generation experiment on the sub-University of Rochester Musical Performance dataset to verify the effectiveness of the model.

Research on the compensation problem of recovering the right to use sea areas in advance due to public welfare

Research on the compensation problem of recovering the right to use sea areas in advance due to public welfare

Is The Intangible Compensated? The Problem of Compensation for Intangibles in Ḥanafī Madhhab and Late Ottoman Law

One feature distinguishing the fiqh madhhabs (sects) that emerged in Islamic history from each other is their theological and philosophical views. When the jurisprudence of the madhhabs is analysed, it is seen that the practical rulings emerge according to a particular theological and philosophical background. For example, the ontological background of the Ḥanafīs is reflected in their views on property, which one of the most fundamental issues of law. They considered existence from a material point of view. They did not accept the benefits that do not have a material existence and that arise depending on the substance of material assets as property in law. What is not property cannot be damaged. Therefore, it cannot be compensated. The Ḥanafīs adhered to their ontological principles to maintain their legal consistency. However, these principles caused some problems to arise over time. Although they overcame these problems with the principle of necessity, this was not enough to eliminate the problem. This problem came to the agenda even in the last periods of the Ottoman Empire. However, there was a new systematics in the field of law then. The issue was dealt with in the articles of law, not in the theoretical texts in which the accumulated knowledge of the madhhab was transmitted. The ontological principles of the Ḥanafīs were distributed to many areas of law within the new system. However, in the last period of the Ottoman Empire and contemporary studies, only the part of the subject reflected in the law of obligations has been addressed. However, areas such as the Press Law and the Penal Code seem to have been ignored, as well. When the other legal texts are analysed, a situation different from that in Med̲j̲elle stands out. The Press Law and the Penal Code had already done what the Med̲j̲elle commissions could do much later. In these laws, things that do not exist in material terms are legally recognized as property.

Toward a positive compensation policy for rail transport via mechanism design: The case of China Railway Express

This paper addresses one of the key challenges in the China Railway Express (CR Express) service industry, which is the asymmetry of information between the government and a CR Express operator. We formulate the CR Express service delivery problem with asymmetric information and other unique characteristics as the incentive compensation problem via the principal-agent approach. This is the first paper to develop an incentive-compatible (IC) compensation mechanism to improve CR Express service in the presence of adverse selection and moral hazard. Compared to the generic form of compensation, this paper proves that such an IC scheme with a linear compensation contract is optimal. Our optimal compensation mechanism provides a “positive incentive”, where the monetary compensation is higher for the CR Express operator with lower operating costs, as opposed to the current compensation policy, which can create a “negative incentive”. We find both underestimation and underinvestment problems, which become smaller when the CR Express operator's gross margin is relatively high. When the CR Express service level is discrete-valued, it is optimal to adopt a fixed compensation scheme. Finally, in the scenario with multiple CR Express operators, we propose a generalized Vickrey (GV) auction, which implicitly obtains both true gross margin and service level. The compensation offered by the government is indeed negative in the case of GV auction. Surprisingly, in this scenario, we find problems of both underestimation and overestimation.