Legal Criteria Research Articles

Coercive Measures in Psychiatry Can Hardly Be Justified in Principle Any Longer-Ethico-Legal Requirements Versus Empirical Research Data and Conceptual Issues.

To review the scientific and empirical evidence that is usually accepted for the ethical and legal justification of coercion in psychiatry. Five key criteria are examined as follows: (1) the demonstrable existence of a mental disorder; (2) the effectiveness of psychiatric measures; (3) the use of coercion as last resort and as least possible restriction; (4) the benefit of the person affected by the coercive measure and (5) the restoration of the affected person's autonomy. (1) The existence of a demarcation between a mentally ill and a mentally healthy state cannot be confirmed; (2) Pharmacological and psychotherapeutic interventions in psychiatry are not even moderately effective; (3) Coercive measures are usually not used as last resort and as least restrictive measure; (4) Most people affected by psychiatric coercion do not benefit from the measures; (5) It is at least unclear whether autonomy is affected by a mental illness and whether it can be restored through a coercive psychiatric measure. None of the central ethical and legal criteria for the use of coercion in psychiatry are clearly and unambiguously fulfilled according to current research. Psychiatric coercion can hardly be justified any longer.

Legal and Economic Conditions for Running a Care Farm: A Polish Case Study

The purpose of this paper is to present the situation of Polish care farms in the context of legal and economic conditions. The need to analyze this topic arises from the current lack of literature that has synthetically addressed the challenges posed by the ageing population in the European Union, including in Poland. The research gap revealed by the authors is especially prominent when it comes to aspects related to the setting up and running of care farms in Poland. Therefore, this paper analyzes the legal forms of establishing a care farm. Next, it discusses the economic aspects of how care farms operate. Based on research materials, especially including those retrieved through the use of the formal dogmatic approach, the authors determined the formal conditions for the setting up and successive running of care farms. The authors have analyzed with the help of formal dogma the forms of running care farms in Poland referring to the current legislation, as well as the position presented in the literature. Also, due to the method used in analyzing the materials collected in this study, the authors have presented their views on how to finance such facilities. Findings from this research confirm that Polish care farms have promising outlooks as they respond to the changing needs of an ageing society. Moreover, as a result of the formal dogmatics method used, it was found that in Poland the most common form of running a care farm is an association. This is because the establishment of an association does not require the fulfillment of many legal criteria as is the case with a sole proprietorship. For this reason, those interested in starting a care farm may opt for the association form.

К вопросу об определении места градостроительного права в системе права России

A relevant and controversial aspect in the modern theory of law in the development of the modern doctrine of the legal system is the question of the intersectoral division of the Russian legal system, the criteria for its construction, as well as the isolation and systematization of legal norms that are complex in nature. The purpose of the article is to establish intersectoral connections, criteria for systematization and the place in the system of Russian law of urban planning norms as a legal community that combines elements of private law and public law influence in the mechanism of legal regulation. A systematic approach and such logical research methods as analysis and synthesis made it possible to determine the place of urban planning norms in the system of Russian law as an independent branch of law with a special mixed type of legal regulation. Scope of application of the results: the main results and conclusions of the study can be used as the basis for the formation of new approaches to building a legal system and criteria for differentiating legal norms. In addition, the recognition of urban planning law as an independent branch of law will significantly facilitate the processes of law enforcement and law-making activities in the urban planning industry. Conclusions: the totality of the subject, method, principles, goals and functions of urban planning norms, forming a special mechanism of legal regulation, indicates the qualitative originality of the regulated sphere of social relations and the isolation of urban planning law as part of the Russian legal system as a branch of law. At the same time, the complex nature of urban planning law by type of legal regulation is due to the interpenetration of private law and public law interests.

When a Patient Is at Foreseeable Risk of Losing Decisional and Functional Capacity.

The four-skills model of decisional capacity for providing informed consent for medical treatment developed by Appelbaum and Grisso is codified into most state statutes in articulating the legal criteria for establishing capacity. Decisional capacity is traditionally determined at a point in time based on a narrow clinical question; however, there are clinical scenarios in which patients may currently have decisional capacity but their recurrent nonadherence to care places them at foreseeable risk of being acutely incapacitated, both decisionally and functionally, in the near future. There is a gap in terms of how these four skills ought to be adapted when applied to a patient with recurrent altered mental status, especially delirium, because of nonadherence. To describe this clinical situation, we introduce a new risk factor, "foreseeable risk of losing decisional and functional capacity," and discuss the clinical evaluation of a patient who currently has capacity but for whom this risk factor applies. We consider the implications of being at foreseeable risk of losing capacity and how foreseeable risk can be translated into a capacity determination in the present. We also describe interventions that can serve to protect the patient's rights and safety.

Screening for Anxiety, Depression and Panic in older adults in a Family Medicine Unit in Sinaloa, Mexico

Introduction: The most prevalent mental disorders in Primary Care are Anxiety, Depression and Panic. These are one of the main causes of health demand in hospital stay services. Objective: to determine the frequency of mental disorders in older adults at the Family Medicine Unit No. 35, Culiacán, Sinaloa, México in the period from March to November 2024. Methods: Descriptive cross-sectional study. Older adults aged 60 to 75 years without a diagnosis of any mental disorder or syndrome were included. Sample of 379 participants. Simple random probabilistic sampling. A socio-demographic data sheet and the PHQ-4 + PHQ-TP scale were used. Descriptive and inferential statistics (Chi square) p ≤0,05 were used, it adhered to ethical and legal criteria. Results: The average age was 65,59 years. 53,3 % were men, 52 % were married, 50,7 % were currently working, 35,1 % had primary education and 76 % lived in urban areas. 34 % had anxiety, 28,2 % depression and 30,6 % panic. A significant relationship was found between anxiety and marital status (χ²=5,814, p=0,05) and schooling (χ²=12,845, p=0,00). Depression was related to schooling (χ²=18,479, p=0,00) and current job (χ²=8,528, p=0,003). Panic was related to sex (χ²=17,688, p=0,00), marital status (χ²=10,935, p=0,004), current job (χ²=6,273, p=0,001) and education (χ²=13,092, p=0,004). Conclusions: Anxiety was the most common mental disorder among older adults, highlighting the need to promote accessible and effective mental health programs that address the particular needs of this age group.

Improvement of the Carrier Delivery Rules in China's Maritime Law from an International Perspective

This paper examines the impact of carrier delivery rules on China's Maritime Law in the context of international maritime cargo transportation. It identifies significant issues such as the imbalance of interests between carriers and consignees, the challenges in carrier identification, and the inconsistencies in the duration of carrier responsibilities. Drawing on international conventions such as the Hague Rules, Hamburg Rules, and Rotterdam Rules, this study provides comprehensive recommendations for refining China's Maritime Law. Key proposals include improving the legal definitions and criteria for carrier identification, harmonizing liability periods for container and non-container cargo, and strengthening the fulfillment of carrier obligations through robust inspection and supervision mechanisms. These improvements aim to align China's Maritime Law with international standards, enhance the efficiency and reliability of maritime transport, and support the sustainable growth of China's maritime industry. The findings underscore the necessity for ongoing legal reforms to maintain China's competitive edge in global maritime trade.

Legal Politic As Counter An Asymmetrical Warfare In The 5 & 6th Generation War

Legal politics as a defense system against asymmetric war is very important. War today is no longer conventional but has entered the 5th and 6th generations in an asymmetric and hybrid manner. This research uses an explanatory qualitative method. The analysis technique uses the soft system method (SSM) to provide structured, comprehensive and sharp analysis. In general, this research will discuss legal political alignments in Indonesia, urgency, mechanisms, and the model/concept of Counter Asymmetric War. Specifically, this research discusses political law as a defense system against asymmetric war in the 5th and 6th generation war era which is considered less comprehensive and non-specific. Then, this research determines 4 ideal criteria for Political Law as a defense system against asymmetric war in the 5th and 6th generation war era, including: defense budget, regulatory effectiveness, modernization of technology & defense equipment, and national defense education. These ideal criteria are used to analyze legal politics as a defense system against asymmetric war. The results of the analysis show that the criteria for political law as a defense system against asymmetric war do not comprehensively cover these 4 ideal criteria. As a recommendation, these 4 ideal criteria can be a refinement of the political legal criteria as a defense system against asymmetric war. So that legal political policy as a defense system against asymmetric war can realize the stability of Indonesia's national defense and security.

Criminalising looting in wartime: International and national experiences

The relevance of this research topic is conditioned by the increasing number of cases of looting during armed conflicts, which requires the improvement of legal mechanisms for criminalising this act. Even though looting is recognised as a war crime at the international level, there are significant differences in approaches to its criminalisation and the determination of liability for such acts in national legal systems. This creates the risk of ambiguous interpretation of legal norms in judicial practice and complicates the administration of justice. The purpose of this study was to analyse the global and national experiences with the criminalisation of looting during armed conflicts, using the cases of Bosnia and Herzegovina, Sierra Leone, and Ukraine, as well as to formulate recommendations for improving Ukraine’s national legislation in this area. The study employed the methods of comparative legal analysis, formal legal analysis, and case law analysis. The study compared the criminal law provisions and approaches of different countries to the prosecution of pillage, specifically the concepts of “military necessity” and “spoils of war”. The findings of the study showed that the absence of clear legal definitions and criteria for assessing “military necessity” and “gravity of the violation” complicates prosecution for this crime and creates risks of abuse. The study revealed major differences in approaches to the criminalisation of looting, particularly in determining the scope and conditions of liability. The practical value of this study lies in its recommendations for harmonising Ukrainian legislation with international standards. It was suggested that a separate law be drafted to define the mechanisms for criminalising looting during armed conflicts, to establish clear criteria for assessing military necessity, and to unify approaches to judicial practice. This will help to increase the effectiveness of investigations and prosecutions of this type of war crime and strengthen Ukraine’s legal framework in armed conflict

The principle of proportionality of measures to enforce decisions and the volume of claims under decisions in enforcement proceedings

The article is devoted to the peculiarities of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings. It is determined that the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings finds its manifestation in a number of provisions of legislation. The article cites these provisions of the legislation on enforcement proceedings and analyzes them. It is pointed out that the essence of the principle of proportionality of measures of compulsory execution of decisions and the volume of claims on decisions is always associated with the need to ensure and respect the rights of the debtor. However, in the author’s opinion, this principle should also reflect another important aspect of enforcement proceedings – sufficiency of enforcement measures for the actual execution of the decision. This side should also be enshrined in the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims under the decisions. It is concluded that the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions should not be considered narrowly enough. Scientific positions concerning the legal regulation of the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions are studied. The opinion is supported that in the legislation on enforcement proceedings it is necessary to formulate a separate article devoted to the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions. Separate aspects of determining the criteria of proportionality of measures of compulsory execution of decisions and the volume of claims under decisions and judicial practice have been studied. On the basis of the analysis it is concluded that an important general criterion of proportionality of measures of forced execution of decisions and the volume of claims on decisions is the criterion of legality of the executor’s actions developed by the judicial practice of the Supreme Court. The criterion of proportionality should be the focus of the executor’s actions to ensure the fulfillment of the final court decision.

Effect of Supplier Appraisal on Performance of Construction Projects of Counties in Lake Region Economic Bloc, Kenya

Procurement Laws and Regulations 2015 are a yard stick that directs how buying of goods, services, and works by governments and state-owned businesses should be conducted (Thiankolu, 2019). However, there exists an absence of compliance to these laws as envisaged by its framers which results to bias and uncompetitive bidding, evaluation and award of contracts process something that compromises the effectiveness of the project's accomplishment (Kagume & Wamalwa, 2018). The primary objective relating to this research entailed investigating the effect of supplier appraisal on performance of construction projects of counties in Lake Region Economic Bloc, Kenya. The study adopted a descriptive research design with stratified random sampling technique being applied to select a sample of 342 respondents from a total population of 2346 county officials that include finance and procurement officers. A survey instrument was utilized for gathering data, using questions that were both open and closed-ended. The survey instrument was piloted in Marsabit County. It was conducted to ensure that the instrument is both valid and reliable. SPSS was used to perform analysis of data. Supplier appraisal was established to have a positive and significant correlation on the performance of counties in Lake Region Economic Bloc with a co-efficient of correlation R value of 0.816 and P<0.05. Supplier appraisal with a coefficient of determination (R2=0.700, P<0.05) could account for 70% of variation in the performance of construction projects if other factors were to be held constant. Specifically, when Supplier appraisal increases by a single unit, there will be a subsequent increase in performance of construction projects by 0.885 units (β1=0.885, P<0.05). This suggests a positive and strong correlation between supplier appraisal and performance of construction projects and thus the study suggests that evaluating suppliers using technical, financial, and legal criteria might help construction projects succeed in Kenya's Lake Region Economic Bloc.

Justice as a requirement for the effectiveness of law-enforcement acts

The article is devoted to the study of the peculiarities of the understanding of the category «justice» in the context of understanding the latter as a requirement for the effectiveness of law enforcement acts. It has been established that justice at the level of legislation literally permeates the basic Ukrainian legislation. This concerns, first of all, numerous regulatory legal acts of a constitutional nature and basic codifications in various branches of the legal system. The principles of justice are enshrined in the current legislation of Ukraine, in particular in the following legislative acts: Civil Procedure Code of Ukraine, Economic Code of Ukraine, Criminal Code of Ukraine, Criminal Executive Code of Ukraine, etc. In practice, the Constitutional Court of Ukraine implements the principle of justice in its decisions. It is proven that the requirements of justice cannot be absorbed by the concepts of good faith and reasonableness, but have an independent meaning. It is impossible to agree with the fact that the requirements of justice of a law-enforcement act exist in a «hidden form», because its concept and content can be defined by a specific term. A decision that violates the principles of good faith and reasonableness cannot be recognized as fair. At the same time, a good faith and reasonable decision may theoretically contradict the principle of justice. It was concluded that justice as a requirement for the effectiveness of law-enforcement acts must be perceived in a broad sense - in relation to the entire process of establishing facts, their research, qualification and, ultimately, the law­enforcement act itself. This makes it possible to follow the influence of all stages of law enforcement activities on the adoption of fair law enforcement acts, to evaluate their effectiveness, based on the fact that such decisions acquire not only legal, but also moral force. The legal criteria for the fairness of a law-enforcement act are: the fairness of the law itself (as a general criterion) and the fairness of the normative legal acts that were used during the adoption of the law-enforcement act (as a direct criterion). The justice of a law-enforcement act depends not only on its legality and reasonableness, but also on its compliance with the principles of social justice and moral norms.

КРИТЕРИЙ ОБОСНОВАННОСТИ ПРИ ПРИМЕНЕНИИ УСМОТРЕНИЯ В РАМКАХ ДЕЯТЕЛЬНОСТИ АДМИНИСТРАЦИИ ИСПРАВИТЕЛЬНОГО УЧРЕЖДЕНИЯ

The article examines the criterion of validity and its correlation with the criteria of legality, motivation in the application of discretion within the framework of the administration of a correctional institution. The author concludes that the situation in which the discretion of the correctional institution administration is applied should be fully investigated, and its signs (elements) should be set out in the relevant act. At the same time, negative changes within the framework of discretion should be particularly justified, that is, when a person's situation worsens and his rights are limited, there should always be good reasons. In order to comply with the criterion of validity of the decision, specially authorized persons may be involved, including situationally organized disciplinary commissions, which is necessary to form a more objective opinion on each specific situation.

P-337 Ready for polygenic risk scores? An analysis of regulation of preimplantation genetic testing in seven European countries

Abstract Study question Would the different regulatory approaches for preimplantation genetic testing (PGT) in Europe permit the implementation of preimplantation genetic testing using polygenic risk scores (PGT-P)? Summary answer While the regulatory approaches for PGT differ between countries, the latitude for potential implementation of PGT-P seems limited in all three regulatory models. What is known already PGT allows for the testing of embryos for hereditary genetic disorders and chromosome abnormalities before implantation. Application of PGT has been seen as ethically sensitive in many European countries. An emerging development within the field of PGT, namely PGT using polygenic risk scores (PGT-P), currently brings new ethical tensions to the forefront. It is unclear whether PGT-P may be applied within the current regulatory frameworks in Europe. A clear overview of legal and practical regulation of PGT in European countries is lacking. It is important to understand current regulatory frameworks in Europe and determine whether PGT-P fits within these frameworks. Study design, size, duration The aim of this study was to provide an overview of the legal and practical regulation of PGT in seven selected European countries (Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom) and critically analyse the different approaches with regards to regulatory applicability and opportunities for PGT-P. Participants/materials, setting, methods We have investigated the legal and regulatory aspects of PGT by analysing legal documents, regulatory frameworks, scientific articles, and guidelines from scientific organizations and regulatory bodies to gather relevant information about each included country. The main sources of information were national laws relating to PGT. We divided the PGT regulatory approaches of the included countries into models. Main results and the role of chance The regulation of PGT differs per country and can be divided into three models. Some countries require central approval of PGT for each new indication (the medical indication model: the United Kingdom, the Netherlands), some countries evaluate each individual PGT request at the local level (the individual requests model: France, Germany), and other countries largely leave decision-making about clinical application of PGT to healthcare professionals (the clinical assessment model: Belgium, Italy, Spain). In the countries surveyed that use the medical indication model and the individual requests model, current legal frameworks and PGT criteria seem to exclude PGT-P. There might be more opportunities for potential PGT-P implementation in countries using the clinical assessment model. However, the fact that healthcare professionals and scientific organizations in Europe are generally negative about implementation of PGT-P due to scientific and socio-ethical concerns, suggests that, even if it were legally possible, the chance that PGT-P would be offered in these countries in the near future appears to be low. Limitations, reasons for caution Our analysis focuses on seven European countries. While these countries differ in their regulatory approaches to PGT, a certain diversity may be missing from our analysis. The analysis is based on publicly available information and documents, meaning certain insights into the practical regulation of PGT might be missing. Wider implications of the findings Our analysis of how PGT-P fits within current regulatory models provides guidance for healthcare professionals and policymakers in navigating the possible future implementation of PGT-P within Europe. The approach used of identifying regulatory models provides a useful way to think about the regulation of reproductive genetic technologies at large. Trial registration number Not applicable

MONITORING LEGISLATION IN THE FIELD OF ASSET RECOVERY

The author examined the legislation of foreign countries on the return to the state of illegally acquired and withdrawn assets, as well as methods for their return in a variety of situations, especially when criminal confiscation is impossible or cannot be applied. The Act of the Republic of Kazakhstan «On the return of illegally acquired assets to the state» (hereinafter referred to as the Act), adopted on July 12, 2023, and legal instruments for the return of these assets, including assets abroad, are analyzed. The Act in general is generally characterized by a subjective, purely evaluative approach to whether a particular asset can be classified as illegally acquired, whether it is subject to seizure or not. This is indicated by the use of such phrases as «reasonable doubts», «presumed presence in property, use, possession». The danger of this approach lies in the lack of clear legal criteria, which creates the threat of abuse by officials and law enforcement agencies. The lack of legal criteria creates limitless eventual possibilities for raiding. It should be noted that due to the vastness of the topic under study, the author was not able to consider in one publication all the norms that contradict current high-level legislative acts (including constitutional laws and codes), including the subsequent effect on the national legal system of Kazakhstan from the operation of such a Act.

Strategi Dekarbonisasi Untuk Industri Pertambangan Batu Bara di Indonesia Menggunakan Metode TOPSIS

The coal mining industry is one of the largest contributors to Indonesia’s economy and greenhouse gas emissions at the same time. Indonesian coal mining companies will inevitably expand their business to meet the demand and targets. But Indonesia already set its ambition to become a net-zero country by 2060 or earlier. Without a robust decarbonization strategy at the company level, Indonesia will face difficulties meeting the net-zero target. This study proposes to use one of the Multi-Criteria Decision Analysis, Technique for Order of Preference by Similarity to Ideal, Solution method within the Political, Economic, Social, Technology, Environmental, and Legal criteria to assess five prioritized decarbonization strategies, which are renewable energy, equipment electrification, business shifting, process efficiency, carbon offset. The analysis will evaluate essential sub-criteria such as regulation compliance, investment, social acceptance, technological readiness, and emissions reduction. The data was acquired from a survey of coal mining stakeholders, other journal reviews, and company disclosures. The final results show that process efficiency scores highest on the selected criteria due to high economic and technological value. Meanwhile, other criteria like carbon offset, renewable energy use, and equipment electrification receive lower scores.

Districting in the 2023 Sejm Elections and the Principle of Equality of Representation — Selected Aspects

Abstract This scientific article examines the system of electoral districting in the 2023 Sejm elections and its impact on the principle of equality of representation. The main objectives of the study are to analyse the relationship between the principle of equality of representation and electoral districting in Sejm elections, evaluate the compliance of current constituency boundaries with this principle, and assess the potential consequences of any changes in districting in the 2023 Sejm elections in terms of electoral representation. The research questions guiding this study are as follows: (1) How should constituencies be determined for the 2023 Sejm elections and what legal criteria should be applied in electoral districting? (2) Does the current districting system align with the principle of equality of representation? (3) Are there disparities in the size or demographics of constituencies that could result in unequal representation in the Sejm? (4) What are the potential implications of the current districting system for the representation of different political parties? (5) How do alternative scenarios of districting affect the principle of equality of representation in the context of the 2023 Sejm elections? The research employs an institutional-legal analysis, along with statistical data analysis and simulations, to model alternative districting scenario and evaluate their effects on the principle of equality of representation. The findings of this study contribute to a comprehensive understanding of the implications of districting on the principle of equality of representation in the 2023 Sejm elections. The research emphasises the significance of fair districting for ensuring equal representation and provides valuable recommendations for policymakers.

Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right

Fundamental rights and freedoms of individuals are guaranteed in both constitutions and international treaties. One of the most important treaties protecting fundamental rights and freedoms is the European Convention on Human Rights (ECHR). Türkiye, which adopts a monist understanding, is one of the countries that are party to the ECHR. Since it was founded in 1959, Türkiye has been one of the three countries that are subject to the most judgments by the European Court of Human Rights (ECtHR). In order to make this bad record better and to protect fundamental rights and freedoms more effectively, the individual application mechanism to the Constitutional Court has been entered into force in Türkiye since 2012. This paper argues whether the case law of the Constitutional Court of the Republic of Türkiye, which is necessary to reduce the applications made to the ECtHR against Türkiye and the violation decisions given by the ECtHR, is compatible with the case law of the ECtHR. The paper analyses the right to property, which is one of the most related rights to taxes, and focuses only on tax interventions to this right. The right to property is important not only because it is directly related to taxes, but also because it is the second most violated right among the violation decisions made by the ECtHR against Türkiye between 1959-2022, after the right to a fair trial. The methodology employed is based on a comparative jurisprudential analysis of the Constitutional Court of the Republic of Türkiye and ECtHR. In this way, the similarities and differences between the way the two courts dealt with the cases in the interventions to the right to property through taxes can be analyzed. As a result, it is understood that both Courts treat the right to property in the same way, but the Turkish Constitutional Court adopts a stricter and more protective interpretation than the European Court of Human Rights in terms of legality criteria.

Использование результатов оперативно-разыскной деятельности в дисциплинарном производстве в отношении судей: нонсенс современной правоприменительной практики

The article justifies the conclusion that the practice of bringing judges to disciplinary liability in the form of early termination of powers only based on results of criminal intelligence and surveillance operations submitted to the judicial community directly by law enforcement authorities does not meet the criterion of legality as such results are verified by procedural means and have no evidentiary value in bringing a person to legal liability.

Unilateral Sanctions under International Law and Effectiveness of Blocking

INTRODUCTION. This article discusses modern international legal concept of unilateral sanctions. The authors contribute to the emerging discussion on the qualifying of unilateral sanctions under international law.MATERIALS AND METHODS. In this study we took into account the works of both Russian and foreign scholars in the field of international economic law, as well as analyzed documents and materials of international organizations (United Nations (UN), World Trade Organization (WTO) and others) in order to assess the compatibility of unilateral sanctions with international law. General scientific methods of cognition (analysis, synthesis, induction, and deduction), special legal methods (formal-legal, technical-legal, method of legal analogy) and comparative legal method were used in the presented research.RESEARCH RESULTS. Presented analysis has shown that widely used term “unilateral sanctions” leads to abusive and inappropriate use of international legal term. Analysis of compatibility of unilateral sanctions with other types of coercive measures such as countermeasures, UN Security Council sanctions, retortions, reprisals have shown that unilateral sanctions do not fall under the meaning of all mentioned measures. In addition, unilateral sanctions should not be justified under the WTO security exceptions. The use of extraterritorial unilateral sanctions contradicts one of the fundamental principles of international law – principle of non-interference in internal affairs. Existing blocking unilateral sanctions mechanisms are not efficient enough to compensate negative effect posed by unilateral sanctions.DISCUSSION AND CONCLUSIONS. Authors concluded that unilateral sanctions in most of the cases do not satisfy cumulative criteria of legitimate countermeasure. Unilateral sanctions are not equivalent to the United Nation Security Council sanctions, as there are no “checks and balances” in the decision-making process in the form of determining the degree of threat to peace and security and taking into account humanitarian exceptions. Although there is some correlation between unilateral sanctions and retortions or reprisals, retortions and reprisals posses criteria of legality and proportionality, while, unilateral sanctions are introduced at the state’s discretion without any standard. Furthermore, the authors argue that to avoid abusive use of the WTO security exceptions WTO panels have to rely on the well-balanced approach used by the Panel in Russia – Transit case. This approach shows that the context of security exception should be understood as encompassing only military and closely related to military issues and does not cover political, economic, cultural or any other interests and relations. Existing blocking mechanisms of unilateral sanctions require separate qualification under international law including compatibility with the legitimate countermeasures.

The Importance of Analysis of Judicial Circumstances in the Sentence Dosimetry Process

The Constitution plays an important role as a point of reference for the critical analysis of the criminal system, not only because it derives from the legal assets susceptible to punitive protection, but also and among other reasons, because the principles enshrined as a government norm in the Penal Code governing The imposition of sanctions is a clear development of the constitutional text and doctrine that the Constitutional Court has been building with its pronouncements, in the form that criminal law must acquire. The dosimetry of punishment in Brazil takes a three-step approach, pushing the system of fixed sanctions implemented by the legislature or the full discretion of the judge, promoting, on the other hand, a distribution of functions between the two, as he chooses the minimum and maximum sentence levels and dosage parameters, and this determines the sanction in the specific case from the legal criteria. In this sense, the present research aims to analyze the importance of analyzing judicial circumstances in the process of penalty dosimetry. The specific objectives are: to present a brief history of criminal legislation in Brazil, to review the most recent literature on the application of the penalty and its principles, to analyze the relationship between the dosimetry of the penalty and judicial circumstances and to point out cases in the jurisprudence that materialize the revised theory. Thus, given the relevance of the theme in the current legal scenario, the research is justified by discussing a contemporary theme. Through research on the principles of exceptionality, state of innocence, motivation of decisions and proportionality and the dosimetry of the penalty, possible judgments of the judge that relate the dosimetry of the penalty with the principles of human rights will be discussed. The judge should take charge of the evidence produced in relation to the facts that, in his opinion, influence the minor or major measure of the exact penalty to be imposed. The lack of motivation currently constitutes a violation of the constitutional guarantee of due process and absolute grounds for invalidity under the Criminal Procedure Code.