Contracted Basis Research Articles

Der Tunnelbauvertrag – Eine Bestandsaufnahme

AbstractIn tunnel construction there is a clear need for specific contractual regulations, as unforeseen events make it far more difficult to predict the construction measures required than is the case in above‐ground construction. Tunnel construction contracts must make provision for all such events associated with changes in performance to ensure conflict‐free invoicing wherever possible. Conflict avoidance begins at the tender phase. In addition to the two ÖNorm B 2203 standards, the Guideline for the Geotechnical Design of Underground Structures with Conventional Excavation is an important basis for tunnelling contracts. Austrian standard ÖNorm B 2118 also plays a major role in tunnel construction as the agreed contractual basis in most cases. It contains contractual provisions for building services based on the partnership model and is intended for large‐scale projects and complex construction works. In future, other alternative contract models with a partnership approach could become an even greater focus of attention. For instance, the alliancing contract model is particularly suitable for complex, technically challenging projects requiring innovative solutions. The early involvement of all key project participants is intended to reduce design errors and encourage innovation.

POST-SOVIET DRAMA OF INTERNATIONAL RELATIONS (IN CONNECTION WITH THE 99TH ANNIVERSARY OF THE FORMATION OF THE USSR AND THE 30TH ANNIVERSARY OF ITS ABOLISHMENT)

The article was prepared in connection with the 99th anniversary of the formation of the USSR and the 30th anniversary of the termination of its existence. The article reveals the relationship between the norms of the Constitution of the USSR of 1924 (and subsequent versions of the document) on the self-determination of nations and their right to secede from the Union with the real process of destruction of a single state. It is shown that the disintegration of the Union was carried out not in connection with the constitutional right of the union republics to self-determination, not with the observance of the appropriate procedures for leaving the single state, but, on the contrary, on an anti-constitutional basis. The author reveals the artificial and politically motivated nature of the arguments regarding the «mines» laid down in their time by the Bolsheviks under the national state structure of the USSR. This device turned out to be productive both for repelling military aggression and for peaceful construction, because it was formed taking into account the totality of the binding circumstances of its time, on the principles of equality and voluntary self-determination. It has been proven that the absence of the right to secede from parts of a single state does not provide any guarantees against the collapse of this state, an example of which is the European monarchies that ended their journey at the beginning of the 20th century, as well as the events in the USSR and around the Chechen Republic. The fundamental difference between constitutional multinational formations, one of which was the Soviet Union, and formations built on a contractual basis following the example of the Gorbachev SSG, the Belovezhskaya agreement on the creation of the CIS and the Union State of Russia and Belarus, is revealed.

Conceptualising domestic energy service business models: A typology and policy recommendations

Energy service business models (ESBMs) are potentially critical to reducing household energy demand and mitigating climate change. These models are predicated on a shift from the ‘throughput’ sale of energy commodities, towards providing ‘useful’ or ‘final’ energy services. However, the conceptual delineation of these models and their different variants remains opaque in the literature. In this paper, we seek to clarify this issue through the identification of a typology of ESBMs. Through a series of 53 interviews and 7 stakeholder workshops we explore contemporary domestic ESBM examples in Europe. We find that while more basic energy supply contracts are commonplace, models which deliver energy saving performance or final energy services are rarer. We subsequently identify barriers to the adoption of these business models, before proposing 13 policy recommendations. We conclude that the ‘energy throughput orthodoxy’ which has governed liberalised energy markets will need to be challenged for these models to have a significant future impact.

ЦИВІЛЬНО-ПРАВОВІ УГОДИ В ПУБЛІЧНИХ ЗАКУПІВЛЯХ

The article is devoted to the study of the debatable issue of civil law agreements in public procurement. The expediency of defining civil law agreements as a result of public procurement, common features and separation from economic contracts in the field of procurement are outlined. The study of the basics of concluding contracts in the field of public procurement, including civil law contracts, was carried out on the basis of elaboration of the normative-legal base in this sphere. Doctrinal and normative analysis of information intelligence on the controversial aspect of the consideration of civil law agreements in public procurement as a procurement contract made it possible to generalize two points of view, which are quite diametrical. The theoretical position of Kharkiv scholars is established, which is as follows: the category of "procurement contract" does not correspond to the concept of civil law contract in its essential features; the procedure for concluding a procurement contract does not correspond to the procedure for concluding a civil contract; the form of the procurement contract corresponds to the form of concluding a civil contract in part; the moment of occurrence of legal relations under the procurement contract does not correspond to the order of origin of legal relations of the civil law contract. It is proposed to consider civil law agreements as a non-standard form of a procurement contract. At the same time, the flexibility of the national economy and the precedent of contractual legal relations are taken into account. The specialties of the arrangement of civil and legal pleasures in the sphere of public procurement and in accordance with the labor contract have been introduced. It is emphasized that for the purchase of services by the customer, which are performed on the basis of civil law contracts, the Ministry of Economy provides for the customer value limits, according to which public procurement is carried out. It is emphasized that the purchase of services without the use of procurement procedures has the effect of applying Art. 164-14 of the Code of Ukraine on Administrative Offenses.

Contraction model of skeletal muscle driven by external electrical stimulation-Proposal and Identification.

Biohybrid actuators consisting of skeletal muscle and artificial lattice have unique characteristics such as self-growth and self-repair functions. As a first step for developing model-based design and model-based control methods for the biohybrid actuators, we have developed a muscle contraction model. When the stimulation voltage is applied to the muscle, the electrical charges are stored in the dihydropyridine receptor, and the calcium ions are released. According to the concentration of the ions, the contractile elements generate contraction force. We have modeled this phenomenon with three characteristics in the proposed model-electrical dynamic, physiological, and mechanical dynamic characteristics. Unlike the previous models, the proposed model was verified under the condition of tetanus and incomplete tetanus with the muscle length changed. The simulated contraction force showed good agreement with the experimentally measured contraction force generated by the gastrocnemius muscle of a toad.Clinical Relevance- Biohybrid actuators are expected as a new material for medical and assistive devices having a soft and flexible characteristic. This study provides a basic contraction model for such biohybrid actuators.

The Well-Being of Employees in the Conditions of Non-Guaranteed Employment in Industry 4.0

The article presents the results of a study conducted on the territory of the Russian Federation in 2021. 772 respondents took part in the survey: 378 women and 394 men aged 18 to 69 years, the group of economically active population — employed. The study is interdisciplinary in nature, its purpose is to identify the impact of the legal aspects on the well-being of employees in the conditions of non-guaranteed employment in Industry 4.0. Non-guaranteed forms of employment include work on a basis of the term labour contract and without registration of labor relations. The study allowed us to diagnose a high level of non-guaranteed employment, within the sample only about 70 % work on the terms of an indefinite contract. Respondents with non-guaranteed forms of employment are less satisfied with their income, professional status, and the possibility of obtaining a loan. According to the results of the study, the risks of reducing the level of social security and well-being in conditions of non-guaranteed employment were diagnosed.

Stosunek pracy lekarzy na kontraktach w kontekście ochrony przed mobbingiem

The employment relationship of doctors under civil law contracts in the context of protection against mobbing Currently, the labour market shows an increase under civil-law employment. This also applies to doctors who are employed on the basis of civil law contracts, so-called contracts. Even though their work takes the features of employment relationship, they are not covered by protection against mobbing in comparison with employees in the meaning of article 2 of Labour Code. Mobbing, which is an extremely dangerous phenomenon, resulting in serious consequences, both in the professional and private sphere, can affect any professional group, regardless of the form of employment, and is increasingly visible among doctors. The protection against mobbing should be related not only to the labor law regime and the status of an employee, but also to the obligation to protect human dignity. The aim of this article is to examine the possibility of extending the protective function of labor law, primarily protection against mobbing, to health-care professionals employed under civil-law contracts. The article analyzes the provisions of the Labor Code and the Civil Code as well as exemplary provisions of service contracts concluded by doctors. The psychological background of the title problem was also discussed. A key conclusion of this article is necessity to take steps facilitating extending protection against mobbing provided for Labour Code on health-care professionals.

Рынок труда в условиях коронавирусной инфекции (на примере Приволжского федерального округа)

On the basis of comparative monitoring of the state of the labor market in the republics and regions of the Volga Federal District, the main criteria for employment and unemployment during the period of coronavirus infection COVID-19 are summarized. The general indicators for the regions during this period are the level of economic development, demographic situation, the share of labor migration, the number of labor force, the level of wages, and others. Measures to mitigate the situation on the labor market include: state support for enterprises implementing investment projects, stimulating employers to develop production and create jobs in all spheres of the economy, provision of social assistance to unemployed citizens on the basis of a social contract, assistance in finding a job, development of the national project “Small and Medium Business and Support for Individual Entrepreneurial Initiatives”, vocational training and additional vocational education, decrease in informal employment, widespread use of active policy measures in the labor market and others. This will make it possible to successfully implement, up to the level of 2019, such targets as an increase in the number of employed citizens, a decrease in the number of unemployed citizens and, on this basis, an increase in the number of employed citizens.

On the issue of labor relations in the gig economy of Ukraine.

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

Методические особенности организации различных видов практики иностранными обучающимися в вузах МВД России

The purpose of various types of practice, which are held by persons receiving higher professional education in higher education institutions of the Ministry of Internal Affairs of Russia, is the formation of students’ professional competencies for law enforcement activities. The obligation to pass an internship applies not only to Russian citizens studying at educational institutions of higher education of the Ministry of Internal Affairs of Russia, but also to foreign citizens studying at these universities on the basis of contracts. This article deals with the methodological aspects of the organization of the passage of foreign students of practice in full-time and distance learning.

Thoughts on the Future of Higher Education in the UK: A Personal View with a Historical Context

Before the effect of the COVID-19 Pandemic, there had been continued debate about the future of Higher Education (HE) in the UK. It is now accepted that the effect of the pandemic will have a long-lasting effect on HE in the UK and elsewhere. This paper addresses the changes that are currently taking place, based on a strategy that aims to develop a future knowledge-based economy, following the UK governments 2019 landmark review of HE. It explores the underlying parallels between the current situation and certain historical events that catalysed the development of a new approach to HE in the past, which is very relevant today. In this context, the paper discusses why major changes in UK HE provision is now required as a response to the fact that although the cost of education is rising, employers are reporting that graduates are increasingly unprepared for the workplace. In this respect, the paper addresses a model for HE that focuses on `earn-as-you-learn’ apprenticeships and work-place-based learning. The key to this is the emphasis that the UK government is now placing on funding new `Technological Colleges’, in which students are trained by experts from the industry on a contractual basis, rather than by university academics with tenured positions.

Legal fact as the grounds of real rights termination to someone else's things

The article is devoted to the study of the grounds for the cessation of real rights to foreign things in order to further develop the theoretical foundations for the settlement of the transition of real rights. The foundations of the emergence of legal relations are analyzed, the elements of which are real rights to foreign things, and the legal facts of their termination are compared. The article describes the will of the subjects of real relations on termination of real rights as a dispositive factor, as well as comparative orders relating to circumstances that are not based on a contractual basis. The contract may be a legal fact that is the basis of the emergence of obligatory and real legal relations. The grounds for the emergence and termination of real relations are largely dependent on the peculiarities of the object, the real relations and the purposes of their use, where depending on the type of real rights to foreign things will be determined by their legal regime. The legal relationship that arises on the basis of the contract is mixed in nature, covering the obligatory and real legal nature of its components. Investigated that the administrative act of the authority of power can not act as a direct basis for the termination of real relations that arose on the basis of the contract without its termination. Therefore, the administrative act recognize the element of the legal composition, which ends with the termination of contractual relations. The refusal to use someone else's property should be considered as a subjective real right of any subject of real rights, which is given this civil law. The author came to the conclusion that in the event of the occurrence of the circumstance provided for a hypothesis of the legal norm, it can be considered as a legal fact, which is associated with the termination of real relations. The legal consequences of the mechanism of law accession are the appointment of certain rights and responsibilities of participants in civil legal relations or legal relations as a whole. In view of this, in the work it is proposed to improve the classification division of the grounds of termination of legal relations with strangers.

A Time-Independent Quantum Approach to Ro-vibrationally Inelastic Scattering between Atoms and Triatomic Molecules

A full-dimensional time-independent quantum mechanical theory for ro-vibrationally inelastic scattering of triatomic molecules with atoms is formulated. The Jacobi-Radau coordinate system used in the calculation allows not only a near perfect description of the vibrational problem but also the adaptation of the exchange symmetry for A2B type triatoms. The S-matrix elements are obtained by solving the close-coupling equations with contracted basis using the log-derivative method. This method is applied to the inelastic scattering of the water molecule by a chlorine atom, which sheds light on the energy gap law in energy transfer in atom-triatom collisions.

Contractual networks and their Impact upon consumer well-being: legal regulation and prospects

The subject of this research is the contractual (business) networks and their impact upon consumer well-being from the perspective of current legal regulation and prospects. As an example, the author chose an Italian model il contratto di rete. Attention is focused on such questions associated with the activity of contractual networks as the advantages for the companies that are part of the network with or without legal capacity; consumers; the so-called “beneficiary members”, who are not the parties to the network creation agreement, but may have benefits or costs from interaction of its members. The novelty of this research consists in determination of the advantages and disadvantages of the activity if contractual networks. It is also noted that the current trend towards creating business networks on a contractual basis (legal entity or contract) is carried out in terms of complementarity and economic autonomy for the purpose of obtaining competitive advantages by increasing productivity, innovation potential, profitability, etc., and raises issues on the liability with regards to binding results of network cooperation through creating a special form of their secondary impact upon the beneficiary members.

Aktiviranje gospodarjenja v zasebnih gozdovih s poslovnim sodelovanjem med zasebnimi lastniki gozdov in ponudniki gozdarskih storitev: študij primera revir Vodice

We investigated the possibility of activating private forest management through business cooperation within 'forest lease' and 'forest management' business models between private forest owners (PFOs) and forest service providers. By surveying PFOs (n = 205) and forest service providers (n = 14), we found that the willingness to engage in business cooperation in both proposed business models is higher among forest service providers than PFOs. In addition, we found that business cooperation within the proposed business models is feasible because the level of cooperation of PFOs with forest service providers over a 10-year period is satisfactory, and the proposed terms and conditions governing the business relationship and basic contract obligations of the contracting parties have proven to be appropriate for both business partners. In order to establish business cooperation, it is first necessary to promote business cooperation at the local level and to establish business relations between potential partners.

Thresholding:Application in studies of storage capacity of rocks by X-ray tomography

The use of X-ray tomography in the studies of reservoir rocks is usually limited to visualizing the distribution of X-ray density in order to identify large cavities and fractures. The quantitative characterization of poro-perm properties of core samples faces some limitations because of the instrumentation resolution in exposure of standard size samples. Based on the analysis of the X-ray density distribution histograms, the quantitative evaluation method is proposed to distinguish between the solid mineral skeleton and the storage space filled with liquid or gaseous phases. The thresholding process, which determines the boundaries between grains and pores based on density, is a very complicated and fuzzy problem in tomographic studies. The size effect of core samples on the resolving power of X-ray tomography in 3D image reconstruction is analyzed. The porosity coefficients from the tomography data are always lower than the values found by the standard gas-volumetric method, which is explained by the limited resolution of tomographic studies. The differences in the ranges of visible pores in the tomography of cores of different sizes are explained by the higher physical resolution of volumetric images for smaller samples. Namely, the apparent porosity is 0.02 mm on a 5 mm core and 0.03 mm on a 30 mm core. Moreover, in the lower range of pore sizes, tomography allows imaging not all pores but only some fraction of the actual volume of pores. The analysis of average diameter distribution in the binarized images of pores shows that the largest pores, which are mostly involved in fluid flow, stand out well both in the high-resolution images of small size samples and in the images of samples with standard diameter of 30 mm. This result proves the applicability of X-ray tomography in the study of large pores on standard core samples with the possibility of quantitative assessment of their poro-perm properties.The study was supported by the Ministry of Science and Higher Education of the Russian Federation in the framework of Basic Research Contract No. FSNM-2020-0027 in 2020 and in the panning periods in 2021 and 2022.The study was carried out using equipment provided by the Share Center for Poro-Perm Properties of Rocks, as well as using unique scientific facility—Rock Storage Capacity Structure Analysis Equipment.

The New Method of Sensor Data Privacy Protection for IoT

This article introduces the new method of sensor data privacy protection method for IoT. Asymmetric encryption is used to verify the identity of the gateway by the sensor. The IoT gateway node verifies the integrity and source of the data, then creates a block, and submits the block chain transaction. In order to avoid tracking the source of the data, a ring signature is used to anonymize the gateway transaction. The proxy re-encryption method realizes the sharing of encrypted data. On the basis of smart contracts, attribute-based data access control allows decentralized applications to finely control data access. Through experiments, the effects of sensor/gateway verification, transaction signatures, and sensor data encryption on performance are discussed. The results show that transaction delays are all controlled within a reasonable range. The system performance achieved by this method is also relatively stable.

The planning, rationing and organization of work on technical maintenance of machinery and equipment in animal husbandry

Maintenance and repair of livestock machinery and equipment is carried out as a rule by specialized repair and service enterprises on the basis of service contracts in accordance with the procedure established by law. However, with the renewal of the park’s farms with machines and equipment with automated and computerized process control, as well as the reconstruction of dairy farms and complexes, it became necessary to have a production base and highly qualified specialists for the maintenance of equipment. The most important and key provisions of the improved methodology of planning and accounting of work in the technical service of animal husbandry with the use of a number of standards are given, some features of accounting and planning of these types of work have been noted. The concepts of “repair unit” and “category of complexity of technical service” have been defined. The general provisions of the methodology for calculating costs and determining the cost of carrying out maintenance and repair of livestock equipment have been considered. On the base of calculations, the average total cost standards for carrying out maintenance and repair of livestock equipment have been established. These standards greatly simplify the planning of costs during the operation of equipment, and also allow us to determine the cost of maintenance and repair at different stages of the creation of new machines.

The capability of amalgamated territorial communities as a key factor in the socio-economic development of territories

The article is devoted to the search for ways to ensure the capabilities of the amalgamated territorial communities for the effective socio-economic development of the territories in the changing present Ukraine. It has been established that the defining aspect for improving the capability of the amalgamated territorial communities is maximizing the involvement in cooperation on a contractual and partnership basis for the formation of effective public policies and services of civil society institutions, business representatives, scientists and specialists in various areas of socio-economic development. The essence of the concept of "capable amalgamated territorial community" is determined on the basis of a study of its characteristic features. Types of capability are systematized. The author's development of a mechanism for building a capable amalgamated territorial community has been proposed. The advantages and possible disadvantages of a capable amalgamated territorial community in the context of the socio-economic development of the territory were analysed and it was concluded that it was not enough to create a capable amalgamated territorial community, it was necessary to continuously solve all emerging issues in order to smooth out the possible shortcomings from its creation and use the most of the existing advantages. The powers of a capable amalgamated territorial community are summarized. A system has been built to ensure the socio-economic potential of a capable community. The main signs of the formation of the socio-economic potential of the territory were identified. A generalizing conclusion was made that the uneven socio-economic development of the regions encourages individual administrative-territorial entities to combine efforts and resources, which allows creating capable communities that can maximize the use of organizational, managerial and financial, and economic potential to achieve the desired socio-economic development of the territories of Ukraine.

Individual Contractual Regulation of Transfer of Authorities to the Manager

The article is devoted to the regulation of relations on the transfer of the authority to manage on the basis of a civil contract. To this end, the author examines the mechanism for the transfer and implementation of the authority on a contractual basis: characterizes the subjects involved in the transfer of the authority, the method and object of the authority, the structure of contractual ties and its stages, and defines the agreement on the transfer of the authority. In this case, the author proceeds from the fact that the agreement on the transfer of the authority and the agreement for the provision of operator services for management are different agreements, which have different objects and may have a different subject composition. In addition, the article examines the importance of individual contractual regulation on the basis of an integrative approach.