Direct Violation Research Articles

The manipulative characteristics of the tactics of the implementation of the “subterfuge” strategy in the novel “Catch 22” (by J. Heller)

The article deals with the analysis of the “subterfuge strategy”, ten tactics of its implementation in the novel by J. Heller “Catch-22”. The article focuses on the manipulative potential of these tactics and the language means used to carry it out. The “subterfuge” strategy is treated as a direct violation of the norms of interaction and the main principle of cooperation. Its main goal is to conceal the speaker’s true intention in communicative situations of rivalry, hiding the truth, accusation, threat, aggression, reproach, flattery, silencing, protecting one’s own interests and value orientations, misleading, etc . Pragmatically the “subterfuge strategy” incorporates the characteristics of various types of speech actions such as: assertives, directives, expressiives, commissives, orders, demands, etc. All of them convey specific psychological states of the interlocutors. The paper focuses on the implementation of the subterfuge strategy through ten tactics: tactics of ignorance; tactics of expressing open disrespect; tactics of attacking, intimidation (transition to personality); tactics of making aggressive remarks under the guise of a joke and irony; tactics of question-to-question response; tactics of the game on self-esteem; compromising and belittling tactics; tactics of accusation and provoking feelings of guilt; persuasion tactics; tactics of question attack.

DIFFERENTIATION OF METHODS AND MEANS OF PROTECTION OF PATIENTS ‘RIGHTS IN UKRAINE

Purpose: to explore the main ways and means of protecting their rights. Research methods: philosophical, general scientific and special legal methods, in particular the dialectical method, the method of analysis, the system-functional method, the formal-logical method, the hermeneutic method. Results: the main ways and means of protection of patients’ rights in Ukraine are generalized. Discussion: it is established that ensuring human rights and freedoms, honor and dignity are the main factors in the formation and development of society. Thus, in the context of democratization of Ukrainian society, the issue of ensuring and protecting the rights, freedoms and legitimate interests of citizens becomes especially acute. And one of the basic non-property rights of a person is the right to health. Today, Ukraine is entering a period of creating a new health care system - a system based on the needs of the population, ie aimed at the patient, respect for his rights, the implementation of basic protection provisions. The proclamation by the Constitution of Ukraine of a person, his life, honor and dignity, inviolability and security as the highest social value determines the duty of the state not only to guarantee, but also to actually ensure the inalienable and inviolable rights of citizens to health care. The concept of the patient and his legal status are clarified; the rights of the patient in Ukraine are characterized. The main ways and means of protecting their rights are considered. However, the issue of their actual provision and compliance is one of the most problematic and requires immediate solution through the improvement of existing and introduction of new mechanisms for their protection, able to quickly and effectively address important legal issues of patients caused by ignorance, non-compliance, non-compliance or direct violation. medical care, state-prescribed legal regulations designed to protect the rights of patients.

Disputed State, Contested Hospitality: Dutch Ambassadors in Search of a New Overlord at the French Court of King Henry III, 1584-1585

In December 1584, the States-General of the Union of Utrecht dispatched a special embassy to Paris to offer King Henry III of France the titular rule of their estates. Henry was to replace Philip II of Spain, the legitimate overlord of the seventeen provinces, whom the States-General had deposed in July 1581 in direct violation of the sacred institution of the monarchy. Although largely overlooked by historians, the special embassy provides a fascinating insight into the intricate European ramifications of the Union of Utrecht’s search for overlordship prior to the foundation of the Dutch Republic in April 1588. This article focuses on the divided reception of the special embassy to France from the perspective of the Union of Utrecht, especially among the powerful nobility of Holland, many of whom shared anti-French sentiments, and from the vantage point of the English and Spanish ambassadors in Paris, who tried to either intervene or obstruct the Dutch-French negotiations in a bid to alter Europe’s balance of power to their advantage. By bringing together dispatches and the reported reactions of Dutch, English, and Spanish emissaries that have not been studied in detail before, and never alongside each other, this article argues that Henry III’s calculated and pragmatic use of diplomatic ceremony played a defining role in managing the fraught relations between France and the Union of Utrecht, Spain, England, and the other Catholic powers at the French court.

Theoretical Problems of Legal Regulation of Innovations in the Medical Field: Experience in Counteracting Covid-19

The work is devoted to identifying the main problems of legal regulation of innovations in the medical field and developing the best options for solving them in the context of the Covid-19 pandemic. Thus, the research methodology is based on general and special scientific methods, in particular: formal legal, historical and legal, comparative analysis, and modeling. So, the procedure and issues to be considered are as follows. In the introduction, we will briefly highlight the origins of intellectual property rights issues in the medical field and the overall state of the pharmaceutical industry. In the first subsection of the third section, we will consider the positions of the main players in the pharmaceutical industry and the contradictions between them. In the second subsection, we will highlight the international obligations under TRIPS. In the third subsection, we will consider the consequences of their direct violation. In the fourth subsection, the impact of Covid-19 and the methods of legal regulation of medical innovations and patents under the TRIPS agreement will be discussed. In the fifth subsection, we will propose a way out and a compromise according to the Indian scenario. As a result of the study, contradictions were identified in the aspect of maintaining the balance of private and public interests between states and international pharmaceutical companies in the context of a pandemic and proposed ways to resolve them within the existing legal methods under the TRIPS agreement to achieve an acceptable compromise.

Cattle pasturing as a traditional form of forest use and conflicts between peasants and forestry administration in the long nineteenth century (the case of Białowieza Primeval Forest)

Abstract The article deals with one of the key resources for peasants of Eastern Europe, wood pastures. Relying on new archival material, we demonstrate that peasant communities, in the spirit of James Scott, consistently sabotaged state efforts to ban livestock pasturing in the forests. The state, over the long nineteenth century, strengthened control over many aspects of the economic life of the village, which gradually made the conflicts of the peasants with the state forest administration more acute. We apply a case study approach to investigate the relations between peasants and the local and metropolitan administration in the Białowieża Forest. A unique feature of the Białowieża Forest is its long and continued history of effective protection measures, which facilitated finding sources on this topic. Our research reveals the motivation in the struggle for control over forest resources between the peasants and the administration, as experts in ‘rational’ forestry. Throughout the long nineteenth century, the peasants used all means of resistance available to them: petitions to the authorities at all levels, sabotage of administrative orders, bribes to forestry personnel and direct violations of orders. These conflicts, which lasted for many decades, demonstrate that peasant communities only partially followed the rules introduced by the state administration, which tried to change the principles of forestry management, making forests more profitable and ‘rational’ from the point of view of the experts of the time. The administration spent significant resources on the control of wood pasturing, but achieved very modest results, both in terms of reducing the number of livestock in the forest and in terms of collecting compensation for damage made by ungulates. The most important changes occurred in the second half of the nineteenth through the early twentieth century and were associated with more consistent and strict control over the traditional forest resources, especially during the final appanage period (1889–1915). If we consider the reaction of the administration to peasant petitions regarding wood pastures, we see sympathy and positive reactions both at the provincial and at the ministerial levels. Obviously, this tolerance was connected with both the shortage of pasture and fodder, and the general paternalistic sentiments of the Russian government. The administration tried not so much to increase the income from wood pasturing as to ‘accustom’ the peasants to the idea that the forests were not public, but rather private, state or appanage property.

Branching Ratio and CP Violation in $${B}_{{s}}^{{0}}\rightarrow{\rho}^{{0}}{\phi}$$ Decay in the Framework of QCD Factorization

We present an analytic calculation of Branching Ratio (BR) and Charge–Parity (CP) violating asymmetries of the $$B_{s}^{0}$$ -meson decay into the two light vectors $$\rho^{0}\phi$$ . In doing this we calculate the helicity amplitude of the present decay in the framework of QCD factorization approach. We find the BR of $$B_{s}^{0}\rightarrow\rho^{0}\phi=(0.26\pm 0.04)\times 10^{-6}$$ which is in agreement with the recent theoretical predictions and experimental measurements. We also calculate the direct CP violation, CP violation in mixing and CP violation due to interference which are $$0.107\pm 0.013$$ , $$0.256\pm 0.036$$ , and $$0.960\pm 0.009$$ , respectively.

Humanitarian journals of Russia in the grip of international network structures

The paper deals with the problem of network dependence of Russian news magazines and the actual dictates of international network structures (Scopus, WOS, etc.) that set their own requirements for their content and quality. The latter influence not only the scientific rating of journals, but also the publishing policy of their publications. The situation is further complicated by the fact that the rules of the game imposed by them have been adopted by the country's state authorities and, first of all, by the Ministry of science and higher education of the Russian Federation, which has tightened the requirements for reports of scientific and educational institutions, as well as researchers and teachers, including mandatory publications in Scopus and other international databases. Despite the efforts made by the Presidium of the Russian Academy of Sciences and the leadership of higher education institutions, Russian science was dependent on these structures, which began to determine the directions and priorities of its development, including selecting the subject and language of journal publications. All this is a direct violation of the constitutional norms of the Russian state and the right to freedom of scientific creativity of scientists. The scientific community of Russia is faced with the task of protecting the interests of journal editors and protecting the right of authors to Express their own scientific position and the ability to present publications in their native language.

Dealing with T and CPT violations in mixing as well as direct and indirect CP violations for neutral mesons decaying to two vectors

A large number of observables can be constructed from differential decay rate based on the polarization of final state while considering decay of a neutral meson (P^{0} text { or } {bar{P}}^{0}) to two vector particles. But all of these observables are not independent to each other since there are only a few independent theoretical parameters controlling the whole dynamics and therefore various relations among observables emerge. In this paper, we have studied the behaviour of observables for neutral meson decaying to two vectors in presence of T and C!P T violations in mixing accompanied by both direct and indirect C!P violations. We have expressed all of the fourteen unknown theoretical parameters for this scenario in terms observables only and constructed the complete set of thirty four relations among observables whose violation would signify the existence of some new Physics involving direct violation of C!P T. In addition, using this formalism we have studied three special cases too: (a) SM scenario, (b) SM plus direct C!P violation (c) SM plus T and C!P T violation in mixing.

Extra-Judicial Killing: A Threat to Democracy

This article provides a brief view about the extra judicial killings in India. It discusses in view of some recent cases how staged encounters or extrajudicial killings empower the police to play the role of a judge and executioner and leads to a direct violation of Article 21 as the procedure established by law is not followed in such a case. The article highlights the view of the Hon’ble Supreme Court of India while dealing with the cases of extra judicial killings. It also highlights that in a democratic country like India, the approach should be to establish the value of human life and dignity.

Branching ratio and CP violation in Bs0 → K∗0K̄∗0 decay in the framework of QCD factorization

We present an analytic calculation of Branching Ratio (BR) and Charge-Parity (CP) violating asymmetries of the [Formula: see text] meson decay into the two light vectors [Formula: see text] by calculating the helicity amplitude in the framework of quantum chromodynamics (QCD) factorization approach. We find the BR of [Formula: see text] which is in full agreement with the recent theoretical predictions and experimental measurements. We also calculate the direct CP violation, CP violation in mixing and CP violation due to interference which are [Formula: see text], [Formula: see text], and [Formula: see text], respectively.

Anatomic relationship of the sural nerve when performing Achilles tendon repair using the percutaneous Achilles repair system, a cadaveric study

BackgroundMinimally invasive techniques for Achilles tendon repair are increasing due to reports of similar rerupture rates using open and percutaneous techniques with fewer wound complications and quicker recovery with percutaneous methods. The goal of this study was to investigate quantitatively the relationship and risk of injury to the sural nerve during Achilles tendon repair when using the Percutaneous Achilles Repair System (PARS) (Arthrex®, Naples, FL), by recording the distance between the passed needles and the sural nerve as well identifying any direct violation of the nerve with needle passage or nerve entrapment within the suture after the jig was removed. The hypothesis of the study is that the PARS technique can be performed safely and without significant risk of injury to the sural nerve. MethodsA total of five needles were placed through the PARS jig in each of 10 lower extremity cadaveric specimens using the proximal portion after simulation of a midsubstance Achilles tendon rupture. Careful dissection was performed to measure the distance of the sural nerve in relation to the passed needles. The sutures were then pulled out through the incision as the jig was removed from the proximal portion of the tendon and observation of the suture in relation to the tendon was documented. ResultsOf the 10 cadaveric specimens, none had violation of the sural nerve. Zero of the 50 (0%) needles directly punctured the sural nerve. In addition, upon retraction of the jig, all sutures were noted to reside within the tendon sheath with no entrapment of the sural nerve noted. ConclusionThis study demonstrated the variable course of the sural nerve and identifies the potential risk for sural nerve injury when using the PARS for Achilles tendon repair. However, this study provides additional evidence of safety from an anatomic standpoint that explains the outcomes demonstrated in the clinical trials. With this information the authors believe surgeons should feel comfortable they can replicate those outcomes while minimizing risk of sural nerve injury when the technique is used correctly.

Branching Ratio and CP Violation in 
 
 
 
 
 B
 
 s
 
 0
 
 ¯
 
 
 
 → ϕϕ Decay in the Framework of QCD Factorization

We present an analytic calculation of Branching Ratio (BR) and Charge-Parity (CP) violating asymmetries of the B s 0 ¯ meson decay into the two light vectors ϕ ϕ . In doing this we calculate the helicity amplitude of the present decay in the framework of QCD factorization approach. We find the BR of B s 0 ¯ → ϕ ϕ = ( 1.56 ± 0.23 ) × 10 − 5 . We also calculate the direct CP violation, CP violation in mixing and CP violation due to interference which are A C P dir = 0.00355 ± 0.00152 , A C P mix = − 0.00629 ± 0.03119 and A C P Δ Γ = 0.99997 ± 0.00019 , respectively. Our results are in agreement with the recent theoretical predictions and experimental measurements.

Notes From the Field: Vape Shop Business Operations Compliance in the Wake of COVID-19.

The novel 2019 Coronavirus Disease (COVID-19) pandemic has led to the closing of all but essential businesses in California. However, several nonessential businesses have remained open in Southern California despite the mandated "stay at home" order issued by the governor. As part of an ongoing vape shop project involving 88 participating shops, this study investigated the number of vape shops that remained open amidst the coronavirus outbreak and related mandates. Examination of shop social media websites and telephone calls to shops revealed that 61.4% (n = 54) have remained open, particularly within Korean/Asian and Hispanic/Latino ethnic locations (32 of the 54 shops). Importantly, walk-in service was much higher within Hispanic/Latino locations compared to African American, Korean/Asian, or non-Hispanic White neighborhoods (p = 0.03). It is not known if shops that stayed open were in direct violation of the order, didn't know all the details of the order, or found a loophole in the order and believed that they were an essential business. Better communication between the vape shop industry and public health officials during this pandemic is needed.

Dirac Neutrinos in the Seesaw Mechanism: Violation of the Number of Dirac Neutrinos

The seesaw mechanism, which explains the smallness of the neutrino masses by the involvement of high Majorana masses, leads to particles of the same Majorana nature and to a direct violation of the lepton number. A seesaw version entailing the appearance of only Dirac neutrinos subjected to the same kind of violation is proposed. Such a situation seems possible for heavy neutrinos coupled nonperturbatively to the Higgs boson $$H$$ . It is required for mirror neutrinos in a model that explains the structure of the quark and lepton weak-mixing matrices by the existence of very heavy mirror neutrinos analogous to Standard Model fermions. A nonperturbative character of the problem being discussed prevents the construction of an analytic solution to it, but the conditions deduced for this problem are indicative of a preferable appearance of precisely Dirac neutrinos within this mechanism. The phenomenon under discussion may be of importance for leptogenesis processes if all neutrinos are Dirac particles.

The controversial issues of the implementation of clemency in the legislation of Ukraine and foreign countries

The article deals with issue of clemency and its controversial application in Ukraine. Thus, the subject of our study is the analysis of the norms of domestic law that regulate the grounds and procedure of applying clemency to people who committed the crime and sentenced to imprisonment. The practical experience of the application of clemency in foreign countries is analyzed. Particular attention is paid to the comparison of the norms of Ukrainian and foreign legislation in the practice of clemency with revealing its disadvantages and advantages. In particular, the regulations of the Constitutions, the Criminal Codes and other normative acts that refer to the issue of clemency are examined.
 The study demonstrates that legislative support for the implementation of the clemency in Ukraine is vague as from the standpoint of the theory of law and from the point of view of procedural reliability and transparency of legal decision-making. The study has confirmed the weaknesses of the implementation the mechanism of clemency for people who are sentenced to life imprisonment. It has been found that the practice of applying clemency in Ukraine is accompanied with direct violations of the requirements of normative legal acts.
 The article provides the analyzes of statistics on the number of people who have been granted the clemency in Ukraine and abroad during 2010-2019. The study has confirmed that the issue of clemency is rare practice nowadays in comparison to the previous years.
 The results of our research suggest that the application of clemency in all countries is not only justified by the considerations of humanism but the institution of clemency also has a practical purpose, it can contribute to the achievement of the specific political goals.
 The mechanism of clemency has become an up-to-date issue nowadays in Ukraine legislation, thus the study suggests a number of amendments to the legislation of Ukraine to improve the downsides of the legislative regulation of the mechanism of clemency in the criminal legislation.

The implementation of the law 4509/2017 in the Forensic Department of the Psychiatric Hospital of Thessaloniki

According to the Explanatory Memorandum of the law 4509/2017, a significant change is being made to the current institutional framework of Articles 69 and 70 of the ECHR concerning the penal treatment of mentally ill offenders, in order to ensure a high level of treatment for perpetrators with mental or intellectual disorder. In application of the law, it was examined in court the abolishment, maintenance or replacement of the treatment measure of 47 patients from the Department of Forensic Psychiatry in Thessaloniki. The results were compared with the previous status quo. In 22 cases, abolishment was ordered for the patients to be discharged and return to their parent's home or to Psychosocial Rehabilitation Units. In 11 of them, their stay was in direct violation of the law due to exceeding the cap as defined by the severity of the offense. However, 7 patients remain voluntarily in the Department, as no beds are available in reintegration structures. 13 patients who have committed homicide remain with the psychiatrist's agreement beyond the overrunning the ten years of treatment due to the severity of the disease or the risk for violent behavior. The Public Prosecutor has provided solutions in many cases and has appointed lawyers for all patients as prescribed by law. However, the judiciary remains cautious and the trend towards exhaustion of the limits is clear, despite the fact that their fears are not confirmed by international bibliographic data. The application of N 4509/2017 attempts to change the landscape for this particular group of patients and allows visions for de-institutionalization, elimination of the stigma and personalized treatment, despite any ambiguities or potential problems that may arise. However, as the predominant social viewpoint, shown by the media, treats the mentally ill as dangerous, any positive changes are doomed to fail. In addition, it is necessary to develop psychiatric services for the treatment of patients which will not only treat psychotic symptoms but also antisocial and aggressive behavior in general.

Analytic Calculations of the Branching Ratio and CP Violation in Bs0 → Ds+Ds− Decay

We present an analytic calculation of Branching Ratio (BR) and Charge-Parity (CP) violating asymmetries of the [Formula: see text] meson decays to [Formula: see text] by calculating the amplitude and the decay width of the process including the chiral loop and gluon condensate to first-order. We find the BR of [Formula: see text] which is in agreement with other experimental measurements and theoretical predictions. We also calculate the direct CP violation, CP violation in mixing and CP violation due to interference which are [Formula: see text], [Formula: see text] and [Formula: see text], respectively.

Behavior of observables for neutral meson decaying to two vectors in the presence of T , CP , and CPT violation in mixing only

When a neutral meson $(P^0 \text{ or } \bar P^0)$ decays to two vector particles, a large number of observables can be constructed from differential decay rate based on the polarization of final state. But, theoretically, all of them are not independent to each other and hence, some relations among observables emerge. These relations have been well studied in the scenario with no $T$ and $CPT$ violation in neutral meson mixing and no direct $CP$ violation as well. In this paper, we have studied the relations among observables in the presence of $T$, $CP$ and $CPT$ violating effects in mixing only. We find that except four of them, all the other old relations get violated and new relations appear if $T$ and $CPT$ violations in mixing are present. Invalidity of these relation will signify the presence of direct violation of $T$, $CP$ and $CPT$ (i.e. violation in the decay itself).

Correlating ε′/ε with hadronic B decays via U(2)3 flavor symmetry

There are strong similarities between charge-parity (CP) violating observables in hadronic $B$ decays (in particular $\Delta A^-_{\rm CP}$ in $B\to K\pi$) and direct CP violation in Kaon decays ($\epsilon^\prime$): All these observables are very sensitive to new physics (NP) which is at the same time CP and isospin violating (i.e. NP with complex couplings which are different for up quarks and down quarks). Intriguingly, both the measurements of $\epsilon^\prime$ and $\Delta A^-_{\rm CP}$ show deviations from their Standard Model predictions, calling for a common explanation (the latter is known as the $B\to K\pi$ puzzle). For addressing this point, we parametrize NP using a gauge invariant effective field theory approach combined with a global $U(2)^3$ flavor symmetry in the quark sector (also known as less-minimal flavour violation). We first determine the operators which can provide a common explanation of $\epsilon^\prime$ and $\Delta A^-_{\rm CP}$ and then perform a global fit of their Wilson coefficients to the data from hadronic $B$ decays. Here we also include e.g. the recently measured CP asymmetry in $B_s\to KK$ as well as the purely isospin violating decay $B_s\to\phi\rho^0$, finding a consistent NP pattern providing a very good fit to data. Furthermore, we can at the same time explain $\epsilon^\prime/\epsilon$ for natural values of the free parameters within our $U(2)^3$ flavour approach, and this symmetry gives interesting predictions for hadronic decays involving $b\to d$ transitions.

The Independence and Lawful Composition of the Court of Justice of the European Union: Replacement of Advocate General Sharpston and the Battle for the Integrity of the Institution

A short few days in September 2020 saw an extraordinary turn of events. The Member States of the European Union used the withdrawal of a Member State from the European Union (EU) as a pretext to dismiss a sitting Advocate General (AG) of the Court of Justice of the European Union (CJEU) before the expiration of the duration of her mandate provided for in primary law. The Member States replaced her with another nominee in the absence of a vacancy. This occurred in direct violation of EU primary law, including the cardinal principles of security of tenure and judicial independence. The CJEU had the opportunity to prevent this from occurring; yet did absolutely nothing to prevent it. Instead, the CJEU went out of its way to facilitate the appointment of Mr. Athanasios Rantos in place of AG Eleanor Sharpston. The drama in Three Acts, involving numerous elements – hints of lawlessness; signs of complicity between the Member States and the CJEU; confirmation of the lack of structural independence of the CJEU – has ultimately raised doubts whether the CJEU is legally composed. These September 2020 developments resulted in the dismissal of a member of the Court that the Member States did not want, no matter what the law said. In this article, these cumulative events are analyzed systematically through a legal lens, regrettably confirming a startling omission in the EU legal order – that the EU lacks a structurally independent court of law sitting at its apex, and that the EU legal system is not immune to ultra vires Member State interventions. Notwithstanding these developments and a severe pounding to the credibility of the CJEU, there remains a possibility for this deficiency in the EU legal order to be rectified. The CJEU will have to state at some future juncture that decisions within the sphere of Article 253 TFEU are subject to judicial review for procedural irregularities, thus ensuring that the EU is truly a complete system of legal remedies and procedures. In the meantime, questions do linger about the lawful composition of the CJEU with the position of ‘AG’ Rantos in situ, which the CJEU should and must address.