Definition Of Law Research Articles

Posiadanie w prawie karnym i cywilnym – czy dzierżyciel i prekarzysta może być pokrzywdzonym przestępstwem kradzieży?

The structure of ownership in civil law consists of two elements. The first is the element of physical wielding (corpus possesionis), and the second is a psychological (subjective) element; constituted by a presumption in favour of possession – one is always presumed to possess in his own interest (animus rem sibi habendi). Legal possession is the detention (control) or enjoyment of property or right that we hold or exercise by ourselves. Having control over property for someone else is defined in civil law as holding (Art. 338 of the Civil Code), which concerns the realization of a certain task. Possession as a factual status is protected by Art. 278 § 1 K. K. and should be interpreted more broadly than within the civil law definition. It constitutes an actual control over a movable property, which can also be exercised by a holder acting on his own behalf (commissionaire), who is not the possessor within the definition of the civil law. In contrast, it appears that a holder not acting on his own behalf (employee) is not protected by Art. 278 § 1 K. K. It seems erroneous that the protection of unlawful possession in Art. 278 § 1 K. K. depends on the good faith of the holder. Another questionable issue is granting protection for the permissive occupant in Art. 278 § 1 K. K. There is very little attention devoted to this problem both in the case-law as well as literature. It seems that permissive occupant does not attain the control over property, because his actual relationship to it is not an expression of the will of detentor, and therefore he cannot be a victim of theft.

Political Responsibility of the Deputy of the Regional Parliament in the Russian Federation

This work studies the distinctive features of political responsibility of regional deputies representing the interests of various electoral groups. The status of a regional parliament deputy in Russian regions is characterized in two ways. It is regulated not only by laws and ethical norms, but also by political guidelines. Regional deputies are held legally accountable for violating laws, and by straying from party or state guidelines, they risk being held politically accountable. This is why the object of study of this article is the negative consequences that regional deputies suffer as a result of the political practices in Russian regions. In 2016-2019, there was an expansion of legal grounds that affect termination of deputy duties. Deputies are frequently limited in their rights to address other participants of regional politics. In some cases, artificial barriers are created to interfere with the work of regional deputies. These limitations are political in nature, and thus have a vague definition in law. Because of that, the author pays special attention to the political norms that, if violated, result in special negative consequences for regional deputies, including their inability to perform their parliamentary duties.

KONSEP ADIL DALAM HUKUM WARIS ISLAM

<p><em>The science which is lost first among muslim community is the knowledge of inheritance as Rasulullah had been explained. Moreover, there are some efforts to destroy the inheritance law arrangement in islam. By the opinion that the division of inheritance that for son is equal with two daughters is a form of injustice toward woman. Therefore, it is allowed to create modification for Islamic inheritance law. This paper tries to explain the justice concept in Islamic inheritance law. By the conclusion that, First ; the definition of Islamic inheritance law has to follow the determination by Allah SWT and it does not mean that equal division is equal quantity. Second; in the case of inheritance division in islam, it contains the universal justice according to theology, economic and social.</em></p>

De la inexistente distinción entre principios y reglas

El artículo aborda el problema de la definición de los principios jurídicos en Ronald Dworkin, Robert Alexy, Manuel Atienza y Juan Ruiz Manero, como autores paradigmáticos y que han realizado aportes relevantes en la discusión sobre los principios jurídicos y su distinción respecto de las reglas. El análisis se centra en mostrar cómo cada una de estas propuestas intenta ofrecer un criterio que, desde el ámbito estructural, permita una diferenciación clara entre reglas y principios, que sirva de soporte lógico y analítico a la distinción metodológica que de ella se deriva en el terreno aplicativo: la subsunción para las reglas, y la ponderación para los principios. La revisión detallada de cada uno de estos autores lleva a concluir que dicha distinción estructural no es defendible, pues o carece de fundamentación apropiada, o supone decisiones interpretativas previas del órgano que toma la decisión.

Personal Laws: Undetermined Norms and Undetermined Concept?

Many Asian and African constitutional and statutory texts use the phrase personal laws in order to determine the rules applicable to family matters such a marriage, divorce, maintenance and in some countries inheritance. However, this term is extremely vague and often without a clear definition in the legal texts. This paper tries to show the high degree of un-determination of the statutory references to personal laws. This chaotic situation can be explained by historical and political factors. Nevertheless, the paper proposes to stipulate a conventional definition of personal laws in order to facilitate the comparison between the Asian and African countries with a plurality of personal laws. Based on common features of these legal systems knowing a plurality of personal laws, such a definition can be useful for practical as well as for theoretical purposes.

PROVISION OF LEGAL AND REGULATORY PROTECTION IN UKRAINE IN CONDITIONS OF REFORM OF PUBLIC INSTITUTIONS

Purpose: in the article authors are exploring modern ways to ensure law and order. Research methods: while writing the article, methods of analysis and synthesis were used. Used comparative method of research. Results: the authors focus on the theoretical approaches to the definition of law and order. The authors agree with the scientists about the need for real compliance with the laws of all strata of society. Discussion: separately, the authors focus on rethinking law and order in Ukraine. The authors believe that in order to overcome legal nihilism in the administrative and law enforcement spheres it is necessary to increase the level of legal awareness of civil servants, which will create conditions for the formation of an appropriate level of legal culture, improvement of legislation, crime prevention, creation of an effective mechanism for protecting the rights of citizens, developing legal reform concepts, affirming the idea respect for the right, ensuring the independence of the state bodies from political decisions. In order to overcome the problems of low efficiency, it is advisable to take measures to eliminate the politicization of the processes of formation and adoption of normative legal acts, continuous monitoring of the current legislation in order to determine the extent and degree of regulatory influence of the relevant legal norm or act in general on social relations, the development and adoption of a lawmaking strategy and its strict observance. The latter must become a deterrent to chaotic, situational rule-making, which ensures the implementation of the principle of legality in the system of public administration [7]. It should also be noted that in order to ensure law and order in the state, first of all, its leaders, lawmakers and all citizens must have a high legal culture and legal consciousness, strictly adhering to the laws, showing an example for imitation, as this guarantees the construction of a strong and organized state.

Уголовно-правовое определение понятия «допинг»

Уголовно-правовое определение понятия «допинг»

LEGAL REGULATION OF THE PROCEDURE FOR HANDLING CROSS-BORDER DISPUTES IN CIVIL MATTERS WITHIN THE EU

This paper is devoted to the consideration of certain aspects of legal cooperation in civil matters related to the determination of jurisdiction, recognition and execution of court decisions, as well as the definition of law to be applied when considering cross-border cases within the EU. At the EU level, an entire system of unified legal norms has been created governing the procedure for handling cross-border disputes in civil matters within the Union. At the same time, the EU’s goal is not to replace national procedural legislation with Allied acts, but to facilitate access to justice in civil cases of a cross-border nature in the context of close economic integration. The author analyzes the concept of «legal cooperation in civil matters», and also reveals its key elements. The paper highlights and examines in detail the four modes of consideration of cross-border cases within the EU, notes their features, as well as analyzes judicial practice.

Typology of Unclassified Buildings and Specifics of Input Parameters for Energy Audits in Latvia

The aim of the study is to analysis renovation solutions for unclassified buildings. According to Latvian law definition, unclassified buildings are prisons, security forces, police and fire services buildings including barracks, warehouse etc. Such buildings has completely different heat gains and heat losses balance and usage profile in comparison to traditional public and apartment buildings. Unclassified buildings could have higher internal heat and moisture loads, more strict requirements to dress code (CLO level), human metabolic equivalent and limited possibility for staff adaptation to IAQ parameters. The one of important factors is safety of energy supply and operation of HVAC systems. Although the energy security is a top priority for unclassified buildings, it should not be a barrier for implementation of renewable energy sources and innovative energy efficient retrofitting solutions in unclassified buildings.

Global nurse shortages-the facts, the impact and action for change.

Nurses comprise half the global health workforce. A nine million shortage estimated in 2014 is predicted to decrease by two million by 2030 but disproportionality effect regions such as Africa. This scoping review investigated: what is known about current nurse workforces and shortages and what can be done to forestall such shortages? Published documents from international organisations with remits for nursing workforces, published reviews with forward citation and key author searches. Addressing nurse shortages requires a data informed, country specific model of the routes of supply and demand. It requires evidence informed policy and resource allocation at national, subnational and organisation levels. The definition in law, type of education, levels and scope of practice of nurses varies between countries raising questions of factors and evidence underpinning such variation. Most policy solutions proposed by international bodies draws on data and research about the medical workforce and applies that to nurses, despite the different demographic profile, the work, the career options, the remuneration and the status. Demand for nurses is increasing in all countries. Better workforce planning in nursing is crucial to reduce health inequalities and ensure sustainable health systems. Research is needed on: the nursing workforce in low income countries and in rural and remote areas; on the impact of scope of practice and task-shifting changes; on the impact over time of implementing system wide policies as well as raising the profile of nursing.

Pigs and Positivism: Between Jurisprudence and Politics

Hendrick Hartog’s Pigs and Positivism is well known as an investigation of legal pluralism. The legal pluralism angle of the article focuses on the multiplicity of legal sources. In that sense, it reads “positivism” through the sources thesis: the idea that only those social facts recognized by the legal system as sources of law can exert an impact on the validity of a legal norm. This Essay highlights a different aspect of the article, which is the “definition of law as an arena of conflict within which alternative social visions contended, bargained, and survived.” Crucially, the alternative social visions at stake have different roles for the law itself. In other words, the conflict is not limited to a particular social arrangement (will there or won’t there be pigs on the streets); it is at least in part a conflict over the question of how law will fit into social conflict, or politics.

Definition of energy efficient law of mechanical impact in vibratory stress relief of metal parts

The study is based on the method of vibratory stress relief, which is used to reduce the residual stresses in cast and welded parts, and is an alternative to thermal deformation methods, because it is unpretentious to the mass, shape and dimensions of the part. Vibratory stress relief is usually carried out using unbalance electromechanical systems, which are simple in design of the power section and control system. In such systems, processing occurs simultaneously at only one resonant frequency. The workpiece, as a rule, is characterized by several resonant frequencies that have a tendency to shift to the low-frequency region during the implementation of the vibration effect. The technological process of sequential processing at each variable resonant frequency is rather time-consuming and not efficient in terms of the cost of electrical energy. In order to reduce the cost of time and energy, this study proposes the use of the most advanced processing methods at several resonant frequencies. Based on the algorithms of sequential vibratory stress relief at several resonant frequencies of the part and their changes towards low ones, it was proposed to carry out processing by a polyharmonic perturbing force in a limited frequency band. This effect has a bandwidth that contains all the possible frequencies of the part where vibratory stress relief occurs. Such an effect can be realized with the help of an electrodynamic linear motor as an executive body. The advantage of an electrodynamic linear motor is the proportionality of the generated force to the current supplied to the moving conductor and its repetition in form. By means of mathematical modeling for the selected example, it was found that narrowing the frequency range in the low-frequency region by 5 times reduces energy costs by more than 4,000 times as compared with the broadband law of mechanical action on a part. A theoretically determined energy-efficient law can be software-implemented in control systems for electrodynamic linear motors that implement vibratory stress relief

Integral method of solving heat-conduction problems with the second-kind boundary condition. 3. Pulsed laser heating

Exact and approximate solutions to the non-stationary problem on the heat conduction in a semi-bounded body exposed to a pulsed laser radiation flow have been obtained. The action of rectangular, triangular and parabolic laser radiation pulses on this body was investigated. Polynomial relations have been constructed on the basis of the boundary-characteristic method with introduction into consideration of the temperature-disturbance front, and they made it possible to obtain practically exact solutions for the temperature function and its time derivative at both the stages of heating and cooling of the body. It is shown by some examples that the success in solving problems on the pulsed plasma heating of bodies is associated in many respects with the necessity of definition of the time law of movement of the temperature-disturbance front with the use of the Pade diagonal approximation, which excludes, practically completely, the divergence of the power series defining the law of movement of this front, in particular, in small time intervals. The approach proposed for solving heat-conduction problems with the second-kind boundary condition allows one to simply and effectively find solutions for isotherms and lines of equal heating and cooling. Analysis of the results obtained allows the conclusion that the effectiveness of solving various technological problems, based on the use of pulsed laser radiation, is determined by the success in solving the problems on control of the time shape of a laser pulse and determination of the temperature fields in the body on the basis of polynomial representations.

Thermal-Aware Design Method for Laser Group Control in Nanophotonic Interconnects

On-chip integrated lasers are key devices to deliver the high bandwidth expected from nanophotonic interconnects. However, lasers are highly sensitive to temperature variation, which influences the lasing efficiency and the wavelengths of emitted optical signals, both of which are key factors in interconnect power efficiency. It is, thus, necessary to develop techniques for efficient thermal-aware control of lasers. In this brief, we propose the grouping of lasers for efficient power control of their temperature. Laser grouping is carried out taking into account the layout symmetries, and a design method allows the definition of control laws.

Freighting English law: interpreting maritime spaces, law and the Armenian strategies in the Indian Ocean

AbstractIn this article, I examine the formation of the English East India Company's legal regime in the Indian Ocean between the mid‐eighteenth and early nineteenth centuries. I look at how this process affected maritime trade and space from the vantage point of Armenian merchants' interactions with the colonial regime in the courts of law. The productive tensions arising from the colonial regime's new protocols and the merchants' leveraging tactics make for a complex story of Anglo‐Armenian dialogue. I argue that indigenous agency in the colonial courts complicated the binary colonial/indigenous structure. The idea of legal pluralism that emerges from the article suggests that the identity of an imperial subject or the definition of law was neither a given nor simply imposed through colonial coercion but was a complex product of a long‐term dialogue and rationalization.

Lei e Administração: Encontros e Desencontros

O objetivo do texto é identificar as principais características que o princípio da legalidade assume na modernidade, com especial foco nos desenvolvimentos ocorridos na Europa continental durante o século XIX. Identificam-se três etapas maiores: a legalidade-potência, a legalidade-garantia e a legalidade-sistema. A primeira ocorre durante a época da revolução francesa, e identifica-se com a assunção por parte do Estado do primado absoluto na administração, fundando sua legitimidade na lei. A segunda vai do período imediatamente posterior até meados do oitocentos, e corresponde ao aparecimento dos primeiros esquemas de controle da administração pública, marcados pelo conceito de “estado de direito. O terceiro período vai de meados do oitocentos até princípios do novecentos, e corresponde à fundação do Estado administrativo e às grandes elaborações doutrinárias que estruturam os contornos administração pública e a especialidade do seu direito. Ressalta-se que as diferentes etapas se sobrepõem e deixam marcas na definição do direito administrativo. Por fim, individua-se o século XX, marcado pela constitucionalização da administração e pelo controle da própria lei, e a legalidade contemporânea, marcada por exigências mais pesadas que vão além da conformidade com a lei para alcançar as próprias justificações dos atos administrativos.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

The Constitutionalization of Intellectual Property Law in the EU and the Funke Medien, Pelham and Spiegel Online Decisions of the CJEU: Progress, But Still Some Way to Go!

In the first part of the new millennium, the rise of the use of fundamental rights in shaping and using intellectual property norms has led one of the authors of this article to predict that this movement will be “constitutionalizing” intellectual property law. More than a decade and a half later, the influence of fundamental rights on the scope and limitations of intellectual property has never been more important, as illustrated by three seminal copyright decisions (in the Funke Medien, Pelham and Spiegel Online cases) delivered in July 2019 by the Court of Justice of the European Union. These decisions, dealing with the relationship between copyright and freedom of expression (including freedom of the media, information, and freedom of artistic creativity), stand out in the European judicial practice on copyright and fundamental rights for a number of reasons. First, freedom of expression and its balancing factors play a crucial role in shaping the contours of the exclusive rights, starting from the definition of copyright law’s subject-matter and extending to the right of reproduction, as well as, most importantly – to copyright limitations and exceptions. In essence, the CJEU takes a quite liberal position towards the national courts’ interpretation of existing copyright norms in the light of the freedom of expression requirements. The CJEU goes even as far as to term the Article 5 InfoSoc exceptions not as “exceptions” as such but as self-sufficient rights of users of copyright-protected subject-matter. It is also notable that, in applying freedom of expression to EU copyright, the CJEU has largely relied on the case law of yet another supranational European court – the European Court of Human Rights – manifesting eagerness to engage in a “dialogue” with the principal human rights tribunal in Europe in order to establish guiding principles for EU copyright law informed by freedom of expression. Such a liberal, “freedom of expression-driven” approach of the CJEU to the interpretation of EU copyright appears quite analogue in results that could be reached by applying an external and/or open-ended copyright exceptions. Nevertheless, the Luxemburg Court indicates in Funke Medien, Pelham and Spiegel Online that an externally-introduced flexibility (by means of complementing an already existing in EU list of exceptions) could be harmful to copyright harmonisation and legal certainty. Therefore, despite having shown a more favourable position to the possibility of shaping EU copyright by fundamental rights norms, the CJEU does not go all the way, since it considers in quite categorical terms that an external freedom of expression exception beyond an exhaustive list of limitations of Article 5 InfoSoc is clearly inacceptable. According to the Court, copyright’s own internal mechanisms present sufficient safety valves for balancing with freedom of expression. Such position of the CJEU that relies on the fact that the legislator has anticipated all the potential conflicts between copyright and higher ranking norms such as fundamental rights might be incompatible with the EU legal order. Thus, despite a visible progress in flexibilizing copyright norms via their interpretation “in the light of” fundamental rights, some further steps will still need to be taken in the future to make the “constitutionalization” of IP law a complete reality in the EU.

Can Global Legal Pluralism Be Both 'Global' and 'Pluralist'?

Can Global Legal Pluralism Be Both 'Global' and 'Pluralist'?

КОНЦЕПЦІЯ ЮРИДИЧНОГО ПЛЮРАЛІЗМУ ЯК ОСНОВА ДОСЛІДЖЕННЯ НЕОФІЦІЙНОГО ПРАВА

The article explores the concept of legal pluralism. According to this concept law is regarded as a complex and multifaceted system of social regulation. It is confirmed that legal pluralism in general is opposed to a monistic understanding of the world. It is proved that the concept of "legal pluralism" was formed in the framework of such areas of legal thought as the sociology of law (G. D. Gurvich, E. Ehrlich, L. I. Petrazhitsky, P. A. Sorokin, N. S. Timashev, etc.), legal ethnology and legal anthropology (B. Malinovsky, A. R. RadcliffeBrown, etc.). The author affirms that at present the principle of legal pluralism is moving from the field of scientific discussions toward legal life. It was stated that legal pluralism rejects definitions of law exclusively as a result of state activity, and presupposes the existence of an unofficial law as a fact of legal reality. State law in this perspective is considered in one phenomenological series with canonical law, law of corporations, international law, norms of other social institutions. Summarizing, the author supports the point of view that the legal reality is more diverse than standardized and unified state rules of conduct. It can be argued that legal pluralism, denying the definition of law exclusively as a result of state activity, implies the existence of an informal law as a legal reality. This follows from the fact of social relations that are legal by their very nature. In other words, the pluralist approach refutes the one-line evolution of law, confirms the plurality of its forms and allows us to prove the existence of unofficial law in the legal life.