Dialectical Research Articles

Вплив принципів цивільного процесу на правове регулювання електронного документообігу

The article examines the influence of the principles of civil procedure on the legal regulation of electronic document flow based on a comprehensive systematic analysis of the current Ukrainian legislation and normative acts of the European Union. The object of the study is the legal relationship regarding the electronic document flow that arises between the court and other participants in the process, which are related to the implementation of the system of principles of civil justice. The subject of the study was international, constitutional, civil procedural, legal relations, scientific concepts and views on the implementation of the principles of civil procedural law when using information technologies. The basis of the study is the dialectical method of cognition - in the analysis of electronic document circulation, the set of necessary properties and connections in the field of civil procedure. The analysis of the doctrine, legislation and law enforcement practice shows the need to preserve the fundamental principles of the civil process - the existing system of principles - when solving the issue of the most optimal model for the use of electronic document management. The perspective of the development of the principle of competitiveness in the context of the introduction of electronic document circulation is substantiated. The key criterion here will be a wide list of various information technologies that do not allow establishing universal criteria of admissibility. The development of web conference regulation by eliminating gaps in regulation, as well as improving existing regulation, will give the principle of competition a new sound - inter-territorial, which will allow implementation not only in the courthouse, but also from any point of the state. Legal problems of the impact of the use of information technologies on the foundations of the civil process began to be highlighted in scientific activity relatively recently, which substantiates the expediency of further scientific investigations.

Digital Space as a Scene of Extremist Crimes

Innovations in digital communications determined a trend for a sustainable causal link between technological diversity and qualitative changes in the mechanism of extremist crimes. Essentially, the processes of global informatization led to a paradigm shift, and the methods of transforming social behavior based on digital communications and social engineering technologies became some of the key elements in influencing the minds of the objects of extremist indoctrination. Due to this, it is necessary to offer a forensically grounded definition of digital space as a scene where extremist crimes are committed with the purpose of developing recommendation for identifying, capturing and systematizing evidentiary and other forensically relevant information, developing a forensic characteristic and then using it to understand the mechanism of suchlike criminal acts. The methodological basis for the research is the general dialectic method of research cognition. Besides, some general and special research methods were used: systemic-structural, formal-logical, statistical, specific-sociological, analysis and synthesis, induction and deduction, analogy. Data consolidation and modelling were also carried out. According to the author, in order to understand the mechanism of trace formation in the digital environment, it is necessary to identify changes resulting from the electromagnetic interactions between the signal and the environment in which the signal was processed, and to understand what factors influenced the process of electromagnetic interactions. Consequently, in order to identify, capture and establish a link between digital traces and electromagnetic interactions, it is necessary to establish a crossover mutual relationship between a computer device, a digital infrastructure element, as well as an event of interest to the subject of the investigation or an action that has left its reflection. For the extremist crimes committed in the digital space, it is expedient that the crime scene should be interpreted as the place where key criminal extremist actions were committed. Essentially, it is the place where extremist content was uploaded, the information and telecommunication network of the digital space was entered, and the criminal action of extremist nature was then committed, regardless of the place where its consequences happened.

Environmental values and sustainable consumption

AbstractThis special issue of the Journal of Consumer Behaviour engages in a scholarly debate on the association between environmental values and sustainable consumption using 16 studies that examine a range of exciting phenomena relevant to the debate. The special issue provides insights into three key areas of scholarly conversations in the field of study. First, it provides recent accounts of the literature on the role of environmental values in sustainable consumption. Given that the association between the two areas has been widely debated for decades, adding novel insights into the phenomenon in the context of recent environmental issues significantly contributes to the field of study. It should be noted that the novel insights cover several mediating and moderating factors of the association, which add new research directions to the field of study. Second, the special issue examines the recent discourse on environmental values considering the more specific behaviours (collaborative consumption, disposal behaviour, consumer engagement in circular economy) that are related to sustainable consumption. This discourse provides insight into environmentally conscious marketing practitioners. Third, the special issue highlights diverse consumer perspectives on sustainable consumption, especially those from diverse consumer generations, both local and international consumers. They inform global initiatives such as the UN sustainable development goals. Overall, engaging in a collective dialogue to understand recent developments in the field of study, the special issue informs environmental policies and fosters sustainable consumption and marketing practices that tackle climate change‐related environmental and social issues.

Relational Dialectics of Female K-Pop Boyband Fans with Parents and Friends in Medan City

This research aims to analyze the relational dialectical process of K-Pop Boyband fans with their parents, analyze the relational dialectic process of K-Pop Boyband fans with friends and analyze the relational dialectical obstacles of female K-Pop Boyband fans with their parents and friends. The research methodology that researchers use is a qualitative research method with a constructivist paradigm. The research results obtained are that the relational dialectical process of female K-Pop Boyband fans with their parents and friends includes four basic elements and four assumptions that exist in the dialectical perspective. The contradictions present in this relationship are shown by different views towards K-Pop and organized by the four research informants through three categories in the dialectic of interaction.

Consent of a lawyer's client to the processing of his personal data as part of the exercise of the right to a lawyer's request

This article discusses theoretical and practical issues regarding the possibility of a lawyer obtaining information with limited access, in particular, information that contains the personal data of his client. The position is argued, according to which although the right to request a lawyer is a professional right of a lawyer, at the same time, taking into account the peculiarity of the information requested by him, which contains personal data of another person (confidential information), it is necessary to take into account the requirements of special legislation on the protection of personal data, primarily regarding stating the legal grounds (purpose) and the "convincing” need to obtain them.
 Within the framework of this study, attention is paid to the problematic issues of determining the essence of the lawyer's client's consent to the processing of his personal data through the lens of the lawyer's right to request. It is concluded that the possibility of obtaining information directly related to the lawyer's client and containing his personal data is conditioned by his giving the lawyer the appropriate consent to this.
 The requirements of the law and the position of the self-governing bodies of lawyers regarding the necessity (feasibility) of the lawyer obtaining consent to the processing of his personal data from the client are investigated. Attention is drawn to the fact that based on the absence of clear requirements in the legislation on the protection of personal data regarding the form of the above­mentioned consent, the position of the Bar Council of Ukraine is correct, according to which it should be set out in a separate clause of the contract on the provision of legal assistance, which can also be concluded in electronic form , and further provision of this contract (excerpt from it) is sufficient for obtaining confidential information about the lawyer's client.
 To achieve the goal, the author used research methods that are characteristic primarily of legal science. This research was conducted using, in particular, systemic-structural and dialectical methods of learning legal reality, which provided an opportunity to analyze the essence of the lawyer's right to receive information containing his client's personal data and the need to obtain the latter's consent to their processing.

Alternative forms of resolution of administrative and legal disputes

Alternative forms of administrative-legal dispute resolution are considered in the article based on current legislation. The object of the study is public- legal relations that are formed in the process of resolving administrative-legal disputes. The subject of the research is the theoretical, organizational, legal and applied aspects of public legal regulation of alternative resolution of administrative-legal disputes. The purpose of the research is to build a theoretical model of alternative resolution of legal disputes. The methodological basis is a dialectical method of cognition using special scientific methods. In accordance with a generally systematic approach, comparative-legal, formal-legal methods were used. It is noted that the technology of alternative resolution of a legal dispute can be found out as a specially created and empirically based system of methods and rules of purposeful step-by-step activity in this direction and the very set of alternative forms of dispute resolution with a certain sequence of application. The resolution of administrative and legal disputes by state institutions of non-judicial protection is carried out by state bodies, local self-government bodies and officials whose activities are regulated by national legislation and departmental regulations. Administrative-legal disputes are classified according to the criteria of the bodies that resolve the dispute: those that are resolved in court, administratively, and conciliation procedures. The alternative way of resolving an administrative-legal dispute is proposed to be understood as a procedure for resolving administrative-legal disputes regulated by the norms of administrative and administrative- procedural law, which is not related to the exercise of public-authority powers by entities that are not parties to the dispute. The parties to the dispute may have public-authority powers, and the implementation of alternative resolution of administrative-legal disputes may be an element of administrative competence. Further research will be aimed at determining the possibilities of using digital technologies as an alternative form of administrative dispute resolution.

The Doctrine of Excessive Formalism in the Legal Theory and Practice of the European Court of Human Rights

As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history. The existence of formalities in a proceeding, whether judicial or extrajudicial, serves to limit certain situations in the course of the process. It is well known that there are several principles that regulate the formalities of procedure, mainly by establishing procedural limits. These reason values are thus aimed at achieving the principles of purpose. The methodological basis of the article is the dialectical method of cognition based on materialistic dialectic with the use of such general scientific methods as analysis, synthesis, induction, deduction, abstraction, specification, analogy, hypothesis building method, and the system-structural method. The study has resulted in the identification of cases of excessive formalism by courts when applying the rules of procedural law. The practical significance of the results obtained is to prevent such mistakes by law enforcement authorities in the future. As a result of writing this article, the author has established that the main manifestations of excessive formalism are the creation by the court of procedural obstacles to the implementation of procedural rules by the parties to the case, strict interpretation by national legislation of the procedural rules, and return of an administrative claim on formal grounds. It is proved that excessive formalism in resolving the issue of acceptance of a statement of claim leads to a violation of the right to fair judicial protection.

Analysis of physical activity programs in general secondary education institutions of EU countries

The purpose of the work is to analyze physical activity programs in institutions of general secondary education in EU countries. Methodology. To achieve the goal, the following research methods were used: analysis and generalization of data from scientific and methodological literature, documentary materials, and Internet sources.The methodology of scientific research is determined by the need to analyze the generalization and systematization of data regarding the experience of European countries in reforming the organization and ensuring the potential of the system of physical education of schoolchildren, which can be used in the practice of the New Ukrainian School.
 The basis of the research methodology is the dialectical method (a method of studying, revealing patterns, trends of development and transformation of reality, which uses the basic laws of dialectics), the scientific method of cognition (a set of basic ways of obtaining new knowledge and methods of solving problems) and a systematic approach that considers the object (system) as a whole set of elements in a set of relations and connections between them.
 The methodological basis of the study was: the methodological foundations of the theory and methods of physical education and sports, which laid down the target guidelines of health-preserving technologies and their fundamental principles.
 The scientific novelty consists in the analysis of physical activity programs in general secondary education institutions of the EU countries.
 Conclusions. A description of physical activity programs in the educational sector of the EU member states and data on a number of indicators (physical education lessons, active movement to general secondary education institutions, physical education breaks, extracurricular sports events) are presented, which allow monitoring of physical education activities in primary and secondary grades. in EU countries.

Information technologies in judicial process: opportunities of artificial intelligence in evidence system

The study is devoted to ambiguous issues of using artificial intelligence (AI) in judicial process. The purpose of the study is to present foreign experience of using information technologies in court proceedings based on the example of the most controversial and debated ideas concerning resources of artificial intelligence in the system of evidence. Special attention is paid to successful mechanisms of using AI in foreign judicial practice at the stage of evidence assessment. The study presents several decisions of foreign courts, formed with the help of AI. The findings allow to express opinion about admissibility of evidence evaluated by AI. The study employs methods of general scientific cognition and special methods including comparative legal. The dialectical method allows to investigate genesis and progressive development of judicial process technologization. The methods of analysis and synthesis, induction and deduction contribute to highlighting disadvantages of predictive coding at the proving stage and advantages of electronic research of evidence, options for simultaneous disclosure of evidence using different methods on the example of specific court decisions. The comparative legal method helps to identify best practices of using artificial intelligence in the system of evidence in foreign countries. The study not only describes the tools of predicting justice in European judicial practice, but also examines the problems of Chinese "instrumental justice" that can arise in any country. Conclusion justifies predictive coding as a tool of predictive justice, provided that general rules for information disclosure are developed and specifics of machine learning for a particular case are considered. It is noted that artificial intelligence has not yet become the predominant method in any types of legal proceedings. This may be explained by insufficient confidence in it across legal communities and time needed to form a successful history of its use for solving legally significant tasks in various spheres of human life.

Criminal Law Significance of Final Procedural Decisions on Exemption from Criminal Liability and Punishment

The subject of the study is the provisions of criminal, criminal procedural and criminal exe cutive legislation, as well as acts of interpretation and judicial practice related to the legal regulation of exemption from criminal liability or punishment of those who have committed a crime. The purpose of the study is to compare the provisions of the criminal law regulating the grounds for exemption from criminal liability and punishment with the norms of criminal procedure law regul ating the procedure for making final decisions on the termination of a criminal case (prosecution). Using the general scientific dialectical method, as well as the methods of formal legal analysis and synthesis, the author identified and demonstrated contradictions between the norms of substantive and procedural law in terms of substantiating the grounds for terminating a criminal case (prosec ution) and the grounds for exemption from criminal liability (punishment). Conclusions. Ignoring the provisions of the Criminal Code of the Russian Federation, which contains an exhaustive list of grounds and conditions for exemption from criminal liability and punishment, results in uncertain legal consequences for those who have committed crimes, both as to criminal law coercive measures and determining the general legal consequences for a person committing a crime. Thus, in some cases, courts are forced to make decisions on exemption from punishment due to the expiry of the statute of limitations, despite the fact that Art. 78 of the Criminal Code of the Russian Federation requires that such persons be exempted from criminal liability. On the other hand, Art. 398 of the Code of Criminal Procedure of the Russian Federation contains a special provision for deferring the execution of a sentence, which is not found in the Criminal Code of the Russian Federation either as a basis for exemption from liability or from punishment. It is proposed to eliminate the exis ting contradictions in the branches of law by unifying the norms of criminal procedural legisl ation and bringing them into conformity with the norms of substantive criminal law that regulate the e xemption from criminal liability and punishment.

Совершенствование законодательства о борьбе с пропагандой употребления и распространения наркотических средств и психотропных веществ

The purpose of the work is to develop proposals for optimizing measures aimed at preventing the spread and popularization of the use of narcotic drugs and psychotropic substances on the territory of the Russian Federation. The methodological basis of the study was the logical, dialectical method, the method of theoretical forecasting and theoretical research. Conclusions: the authors come to the conclusion that it is necessary to expand the concept of ‘propaganda’ of narcotic drugs and psychotropic substances. It is proposed to amend the Code of the Russian Federation on Administrative Offenses and the Federal Law ‘On Narcotic Drugs and Psychotropic Substances’ in order to determine the illegal nature of covert propaganda and advertising of the use and distribution of narcotic drugs and psychotropic substances. The scientific and practical significance of the work lies in substantiating the need for reforms of the current institutional and legal framework, as well as improving forms of counteraction to criminal groups specializing in the production and sale of narcotic drugs and psychotropic substances.

Medical professional liability insuarance

The aim of the study is to form an integrated approach to understanding the context and legal necessity of medical professional liability insurance.
 The methodological basis of the study is a set of scientific techniques and methods of scientific knowledge, including dialectical, historical-legal, logical-legal, system-structural, method of forecasting and comparative jurisprudence. Dialectical method has provided opportunities to analyze scientific positions regarding the content and development of medical professional liability insurance. Historical-legal method helps to study the genesis of the development of insurance in specific historical and legal situations, the development of theoretical scientific thought and legislation. The method of comparative law is used to study the legislative and regulatory acts of Ukraine and other countries in the world as well as to clarify the advantages and disadvantages of the mechanism of legal regulation the insurance of medical professional liability in various countries in the world. Systemic and structural methods have helped to clarify the content of the contracts connected with this kind of insurance. Formal-logical method has allowed analyzing the provisions of the legislation of Ukraine in the sphere of this type of insurance.
 Results. This study contains a comprehensive scientific analysis of modern problems of medical professional liability insurance. The elements of the medical professional liability insurance contract are defined, namely: subject matter, insured, beneficiary, insurance risk, insurance event, conditionals of insurance compensation payment. It is stipulated that medical professional liability insurance contract shall have separate grounds for refusal to pay insurance compensation, inherent only to this type of insurance. It is shown that this type of insurance helps to manage the risks in medical practice activities. The concept of this type of insurance has been researched. The conditions to terminate the medical professional liability insurance have been identified.
 Conclusions. Having considered the issues of medical professional liability insurance and examined the conditions of the medical professional liability insurance contract, it has been made a conclusion that it is necessary to introduce this type of insurance as mandatory for healthcare institutions and private practitioners. It has been proposed to introduce compulsory medical professional liability insurance by approving necessary alterations the valid legislation.

Localizing human rights through the Sustainable Development Goals: The case of Los Angeles

The United Nations Sustainable Development Goals (SDGs) have achieved widespread influence among various state and nonstate actors globally. Although the UN General Assembly intended the SDGs for national governments, local-level actors have emerged as key stakeholders in defining and implementing the goals. Human rights movements have long advocated for the inclusion of local voices in international law. I bridge these discourses to investigate how the SDGs framework can socialize government actors to incorporate human rights principles in local governance. Specifically, I explore how local-level actors have advanced human rights through the localization—local adoption and adaptation—of the 2030 Agenda for Sustainable Development in the case of Los Angeles. The iterative process of localization in Los Angeles illustrates the dialectical process of human rights globalization and emerging institutions that can enable rights realization locally. The case highlights the (1) global and local factors that shape localization, (2) how partnerships lead to more explicit attention to human rights over time, and (3) the ways in which Los Angeles is now shaping localization transnationally. I discuss the critical role of local government actors as agents of norm diffusion, and the need to expand community engagement mechanisms in pursuit of SDG localization and human rights globalization.

The Environmental Determinism Theory in international accounting: The need to reconceptualize it

Subject. This article discusses the theoretical aspects of environmental determinism as a scientific trend in the field of international accounting. Objectives. The article aims to show the inconsistency of current scientific approaches to the classification of international accounting systems. Methods. The research is speculative. For the study, I used the dialectical method of scientific knowledge, the method of collecting theoretical and regulatory information, the method of formalization, as well as analysis, synthesis, observation, and comparison. Results. Based on the research, the article finds that at present there is no clear understanding of the need for accounting models. They do not reflect the specificities of national accounting systems, as classification approaches are based solely on one or a couple of environmental factors rather than on the system as a whole. Conclusions and Relevance. The use of the existing accounting models, such as the Continental and Anglo-American ones, to characterize national accounting systems is misleading and does not reflect their institutional characteristics. Therefore, it is necessary to revise the theory of environmental determinism and resume accounting research in this area. Particular attention should be paid to the analysis of the positive and negative impact of international standards on the economies of foreign countries that have adopted them, and compare this experience with the Russian practices. The results of the work are a call to continue scientific research in the field of international accounting, in connection with which they are primarily addressed to the academic community, as well as researchers whose activities are focused on accounting and taxation, and to other interested persons who study international accounting.

Issues of Criminalization of Acts in Relation to Personal Data in the Context of Draft Law № 502113-8

Relevance. The relevance of the study is dictated by the existing contradictions between the need for direct criminal protection of personal data and the problems of criminalization of relevant acts, which is reflected in the light of Draft law No. 502113-8 «On Amendments to the Criminal Code of the Russian Federation» submitted to the State Duma of the Russian Federation on 04.12.2023.The purpose. Resolution of these contradictions through a critical assessment of design structures for their compliance with social and legal needs in criminalizing illegal actions with personal data.The objectives. The study of this draft law, the determination of the quality of draft criminal law prohibitions (their constructive and differentiating features), the resolution of the identified problems of criminalization of acts.Methodology. When writing the work, the author relied on the universal dialectical method of cognition, logical methods (analysis, synthesis) were also used, in addition, documentary, formal-legal, dogmatic, systematic methods.Results. Draft law No. 502113-8, which proposes criminalization of illegal actions with personal data within the framework of Chapter 28 of the Criminal Code of the Russian Federation «Crimes in the field of computer information», has been subjected to critical reflection. The absence of grounds for defining the relevant acts as computer crimes has been proved. Other contradictions and shortcomings of the design structures have been identified.Conclusions. According to the results of the study, it was concluded that the specified draft law does not meet modern needs in the criminal law protection of personal data, contradicts the principle of formal certainty and doctrinal ideas about criminalization of acts, differentiation of responsibility, as well as technical and legal rules for the construction of criminal law norms. The author shares the conviction that it is necessary to establish criminal liability for illegal actions with respect to personal data in an independent norm, but believes that it should be placed in Chapter 19 of the Criminal Code of the Russian Federation. The author's concept of the criminal law prohibition of illegal actions with personal data is proposed.

Are the Lawyer, the Prosecutor and the Court Subjects of Evidence or Participants in Evidence in Criminal Proceedings?

Relevance. The article examines the issues of participation of a lawyer, prosecutor and court in proving in modern conditions of adversarial proceedings, within the framework of ongoing legal reform. The author comes to the conclusion that the subjects of proof in modern Russian criminal proceedings are only the investigator and the investigator, since they bear the burden of proof. At the same time, the lawyer, the prosecutor and the court are participants in the evidence, whose main task is to examine the evidence collected by the parties. At the same time, the court, being an impartial participant in criminal proceedings, should not take the initiative in collecting evidence and substantiating the accusatory thesis put forward and formulated by the prosecution at the pre-trial stage.Objectives: to continue the consideration of issues arising at the present stage in the theory of evidence in criminal proceedings, and to propose a new gradation of subjects of evidence and participants in evidence, in continuation of the ongoing scientific discussion on the modern development of the theory of evidence in criminal proceedings.The purpose of the study is to identify and discuss problematic issues of the implementation of the mechanism of criminal evidence and propose a new list of subjects of evidence and participants in evidence in criminal proceedings.Methodology. The methodological basis of the research was the universal dialectical method of cognition of socio-legal phenomena, general scientific research methods (analysis and synthesis, deduction and induction, system-structural and others). In addition, private scientific methods of cognition were used - logical–formal and system analysis.The results of the study are distinguished by both theoretical and applied nature with elements of scientific novelty. The author considers the emerging difficulties associated with the practical implementation of the provisions of the issues of evidence in criminal proceedings, proposes a new list of subjects of evidence and participants in evidence, as well as a possible change in the established traditional scientific theory of evidence.Conclusions. The discussion of the identified problems will allow drawing the attention of the scientific community and the legislator to the development of solutions to eliminate the identified gaps in criminal procedural evidence, a more detailed definition of the role of the court, prosecutor and lawyer in criminal proceedings. At the same time, it is suggested that the use of the approach proposed by the author, including the introduction of relevant provisions in criminal procedure legislation, will correct the imbalance in the theory of evidence that exists at the present stage.

Valuable aspects of digital boons as objects of civil rights of a person

This paper reflects the results of studying the legal nature of digital things and virtual assets as objects of civil rights/ legal relations through the prism of their value component. The aim of the study is to determine the factors (specifically, properties together with characteristics of digital things) that impact the value of these phenomena, thus, enabling their probability to be objects of civil rights/legal relations.
 The methodological basis of scientific research constitutes the dialectical method of cognition, the application of which made it possible to analyze modern and historical approaches to defining institutions of a digital thing as well as a virtual asset, their legal nature and features. The formal-logical method has been used in order to analyze the norms of legislation that form the legal basis for comprehensive regulation of relevant relations. The method of analysis and synthesis has been applied while studying the practical manifestation of relations to ensure the turnover of digital things along with virtual assets. The comparative-legal method has been used for a comparative analysis of the legal regulation of institutions of digital things together with virtual assets in the latest legislation of the European Union and Ukraine. The logical-legal method has been applied so as to formulate the main conclusions in accordance with the aim of the specified study.
 The result of the study has been the determination of relevant properties of digital assets as well as virtual ones, which define the value component of the above objects. It has been concluded that neither value nor functionality significantly affect the value of the mentioned phenomena. Specific features along with properties inherent only to these objects come to the fore, to illustrate, adaptability, security of transactions, decentralization, pseudonymity, in addition to availability. Regardless of the fact that the specified properties are basic for comprehanding the nature of digital things and virtual assets, they are subject to significant external influence. In particular, the importance of decentralization together with pseudonymity is levelled due to the rapid and powerful development of legal regulation, aimed at a fairly high level of restrictions as well as regulations. At the same time, the prevalence of the turnover of the above mentioned objects is unlikely to slow down due to exceptional advantages, ensuring a significantly more prompt and accessible satisfaction of market participants’ relevant needs.

PANTI SOSIAL TRESNA WERDHA DI BANJARBARU

Panti Sosial Tresna Werdha (PSTW) in Banjarbaru is an alternative residence intended for neglected elderly. The neglected elderly are categorized into two types, including economically neglected and socially neglected. This affects both physical and non-physical needs. To meet their needs, Tresna Werdha social institutions provide housing and various facilities that support elderly activities. Apart from physical needs, non-physical needs are the most important thing for the elderly. To be able to interpret the non-physical aspects for the elderly, it is necessary to review using the Behavioral Architecture method. This method aims to review space elements which will then be eaten with an understanding of home by aspects of Order, identification and dialectic processes. This is still a basis to be applied to the analysis. So the need for the theory of the hierarchy of basic human needs (maslow) to translate the analysis into a concrete form (architecture) in the form of physical needs physiological.needs, safety.needs, belongingness.needs, esteem.needs and.self.actualization. The concept refers to the five aspects of Maslow's theory which is contained in the concept of function and site in the design of the Panti Sosial Tresna Werdha (PSTW) in Banjarbaru.

Mediation in Patent Disputes Arising in The Healthcare Sector

Purpose: The study is devoted to the analysis of mediation in patent disputes arising in the field of healthcare. Methods: The research used general and special methods: dialectical method, methods of analysis and synthesis, formal-logical, system-structural method, and comparative-legal method. Results and discussion: The results showed that innovative advances in medicine provide a new range of opportunities, but at the same time generate new legal challenges that require effective regulatory mechanisms. The main advantages of using mediation in patent disputes by medical companies remain the minimization of reputational risks and the confidentiality of information that becomes known to the mediator during the settlement of the conflict or dispute. Implications of the research: The principles of confidentiality of medical information (including scientific and technical, commercial secrets, etc.), the principle of mandatory involvement of experts from the relevant field, the principle of medical ethics and high professional standards, the principle of matching the experience of the mediator to the level of complexity and the subject of the dispute will ensure the most effective resolution of patent disputes in the field of health care through mediation while maintaining the important elements of confidentiality of medical data, medical expertise, and professional ethical norms. Originality/value: The use of mediation in such disputes is relevant within the framework of high competition, the pace of scientific achievements and the steady growth of the volume of medical innovations, therefore it requires new approaches and policies of introduction into legal systems.

Building the civic consciousness of the socialist rule of law in Vietnam nowadays

Vietnam is implementing global socio-economic integration, so the law must also be renovated to meet the requirements of international integration. Because the law is attached to the country's institutions, it shows the consistency in Vietnam's politics, economy, and diplomacy. In the world, the rule of law is a typical value that humanity aims for because it upholds the law, expressing our nation's aspiration for a democratic and equal society. Therefore, Vietnam has built a socialist rule of law. To achieve this, Vietnam must ensure the free power of its citizens, promote the democracy of the state, and ensure that power belongs to the people. The paper uses a materialist dialectical method to examine the building of civic consciousness that promotes the perfection of Vietnam's current socialist rule of law. At the same time, the article also uses analytical methods and synthetic methods to clarify the sense of citizenship in the Vietnamese state, Vietnam's political institutions, and the development of the socialist rule of law is correct.