Controversial Research Articles

Wykorzystanie analizy kryminalnej w działalności organów ścigania

Crime analysis is a very useful tool supporting law enforcement authorities in the process of a establishing an objective truth. This article provides an insight into scientific views on its definition, kinds, methods, forms, analytical techniques, and the legal grounds for its application by law enforcement agencies who are the guardians of public order. It also refers to the use of data derived from open sources in the process of a crime analysis. It also presents the practical aspects of the Prosecutors’ Support System – Analysis & Investigative Module (System Wsparcia Prokuratora – Moduł Analityczno-Śledczy) and provides positive predictions for its integration with the PROK-SYS system. This article also mentions a controversial issue such as the evidentiary value of this subsidiary tool which allows to review multi – source evidence (gathered on various planes of research) as well as the role played by a crime analyst in the criminal procedure. Based on those considerations, the author makes de lege ferenda conclusions on the equivalence of the position of a crime analyst and an expert witness so that crime analysis can become a fully valid evidence as compared with crime expert’s opinion.

(Un)translatability of a text: a blessing in disguise? The case of Spanish, English and Polish

Untranslatability constitutes one of the controversial issues within the area of Translation Studies. Scholars frequently disagree as it its very existence, some of them claiming that certain linguistic effects simply cannot be translated into another language, while other asserting that all texts produced by man are translatable to a greater or lesser degree, irrespective of the linguistic means they apply. The purpose of this paper is, first of all, to illustrate the issue of potential untranslatability by presenting a Spanish text featuring a plethora of challenging linguistic effects, and then attempt to translate its fragments into two languages: English and Polish. The paper also discusses the problems encountered during the very translation process, as well as the solutions selected together with their justifications. All this is done with a view to concluding whether untranslatability exists indeed, or whether the challenging linguistic effects present in a text can be successfully reproduced in another language.

Challenges for children’s rights in connection with the development of artificial intelligence

This article explores the importance of protecting children’s rights in the context of the rapid development of artificial intelligence. Artificial intelligence has the potential to change many aspects of a child’s life, and while it can have positive effects, its negative impact also needs due consideration.
 The article focuses on four key aspects: privacy, security, discrimination and ethics. It analyzes the risks associated with the collection and processing of children’s personal data by artificial intelligence and requires the establishment of effective privacy protection mechanisms. In addition, it considers the safety of children, especially in the context of the use of autonomous robots and toys, and safety standards that are required to be taken into account in the development of such systems.
 The article also focuses on the problem of discrimination that may arise from the systematic use of artificial intelligence. It demands developers to ensure the fairness of algorithms and avoid discrimination against children. Finally, the article considers the ethical aspects of the use of artificial intelligence, namely the question of the responsibility of developers and the need for ethical principles in all aspects of its use.
 In conclusion, the article emphasizes the need for constant monitoring and regulation of the development of artificial intelligence in order to protect the rights of the child. It recommends the implementation of an effective legislative framework that defines standards for the protection of children’s rights in the context of artificial intelligence. In addition, the article puts forward the idea of developing ethical directives and codes of conduct for developers, researchers and users of artificial intelligence from the perspective of children’s rights.
 In general, this scientific article emphasizes the importance of protecting the rights of the child in the context of the development of artificial intelligence. It calls for action at the level of legislation, technological standards and ethical principles, ensuring safety, privacy, non-discrimination and ethical responsibility in all aspects of the use of artificial intelligence to ensure the healthy development and protection of children’s rights in the digital age.
 Also, the article is devoted to the analysis of the controversial issue of the relationship between child rights and artificial intelligence. The article examines the consequences of the use of artificial intelligence in the context of children’s rights, the main issues related to the legal protection of children in the field of artificial intelligence, and suggests possible solutions for these problems.

ИНИЦИИРОВАНИЕ АПЕЛЛЯЦИОННОГО ОБЖАЛОВАНИЯ В УГОЛОВНОМ СУДОПРОИЗВОДСТВЕ

The article examines one of the controversial issues in law enforcement practice, the issue of initiating the appeal procedure by the appellate court as a whole, as well as the impact of this appeal process on changing the scope of the rights of the convicted person. The author comes to the conclusion that any appeal review is initiated by the parties, and only when the relevant appeal requirements are met, the mechanism of appeal proceedings is launched, in which the public principle is manifested in such procedural guarantees as ensuring the right to defense, the right to appeal and the ban on worsening the situation of the convicted person. The author has developed theoretical provisions and given recommendations of a law enforcement nature, aimed at clarifying the procedure for initiating the appeal process, and proposes his own approach to understanding the appeal mechanism using the example of a comparative analysis of existing criminal procedural rules in various states.

The Concept of Fairness in the Practice of Polygamy from Hadith Perspective

This research aims to analyze and understand the meaning and significance of the concept of " fairness" in the practice of polygamy based on the Prophet's hadith. Polygamy is a complex and controversial issue in contemporary society. The husband's unfair attitude towards his wife and children is often the cause of complicated problems in the practice of polygamy in Indonesia. The forms of husband's unfairness in polygamous marriages also vary, including in matters of food, clothing, shelter and division of days. Husband's unfairness is almost always a finding in research that discusses the problems and negative impacts of polygamous marriages in Indonesia. The results show that the concept of fairness in the practice of polygamy referred to in the traditions of the Prophet shallallahu 'alaihi wa sallam and the explanations of the scholars include: (1) Fairness in the division of nights, overnight stays (qasm) and visits, although doing the division of nights the Prophet also gathered his wives at night and visited all of his wives during the day; (2) Fairness in providing maintenance which includes clothing, shelter and food; (3) Fairness in determining which wife to bring to accompany him on long trips by drawing lots; and (4) There is no obligation to be fair in matters of love and intercourse. This research is expected to provide a better understanding of the practice of polygamy in Islam and the concept of fairness applied.

What Are the Recurrence Rates, Complications, and Functional Outcomes After Multiportal Arthroscopic Synovectomy for Patients With Knee Diffuse-type Tenosynovial Giant-cell Tumors?

What Are the Recurrence Rates, Complications, and Functional Outcomes After Multiportal Arthroscopic Synovectomy for Patients With Knee Diffuse-type Tenosynovial Giant-cell Tumors?

Проблема применимости понятия парадигма к философскому процессу

Since the second half of the 20th century, Kuhn's concept has been used in philosophy of natural science, sociology and history of science, biology, medicine, political sciences, economics and history of economics, anthropology and history of anthropology, psychology and history of psychoanalysis, theory of art and literature, mathematics, linguistics. A.P. Ogurtsov and S.S. Neretina systematized the controversial issues of this concept, including the question of the qualification of philosophy as a discipline. The author joined this discussion in the process of reconstructing the political philosophy of M.K. Petrov. This article discusses several new topics related to the interpretation of T. Kuhn's concept.

Place of imidazoline receptor agonists in the treatment of arterial hypertension

The review is devoted to one of the most controversial issues of modern antihypertensive therapy — the role of new generation sympatholytics — selective I1-imidazoline receptor agonists (AIRs). In modern European recommendations, AIR (moxonidine rilmenidine), along with other centrally acting drugs (reserpine, alpha-methyldopa, clonidine), are mainly intended for additional therapy in rare cases of resistant hypertension, when other treatment options have been ineffective. Nevertheless, AIR invariably finds its place in Russian recommendations for the treatment of arterial hypertension (AH). This class of drugs is recommended for patients with AH in combination with metabolic syndrome and obesity. It is noted that an important property of AIR is its positive effect on carbohydrate and lipid metabolism. This information is based on an analysis of Russian and foreign studies, which convincingly indicate that this class of drugs not only provides adequate and long-term blood pressure control, but also has the above-mentioned positive metabolic effects. At the same time, AIRs are much less likely to cause side effects characteristic of older generation centrally acting drugs. Thus, AIRs have become firmly established in clinical practice in Russia for the treatment of patients with AH in certain clinical situations.

CURRENT TRENDS OF MILITARY OUTSOURCING DEVELOPMENT: INSTITUTIONAL AND ECONOMIC ASPECTS

Defence outsourcing is a complex and controversial issue that arises for a variety of reasons, including a lack of military resources, the need for specialised expertise, and the desire to reduce political influence and risks. However, today the practice of military outsourcing raises many questions about security, regulation, control, ethics, accountability and transparency. This requires deeper research into the economics of military outsourcing in terms of adopting its development as a strategic goal.
 The purpose of the study is to summarise the theoretical and methodological basis and deepen the conceptual foundations of the military outsourcing economy, to substantiate the determinants of the formation of an effective institutional environment for the military outsourcing market, based on the analysis of global trends and national practices. The research methodology is based on systematic, comparative and economic analysis. It has been determined that the methodological basis of the outsourcing concept is the theory of the firm and contractual relations, transaction cost economics, public choice and organisational economics, the historical evolutionary combination of which has influenced the formation of approaches to the implementation of outsourcing as a component of the management model. The high efficiency of implementation of the outsourcing concept in commercial companies has led to its penetration into the armed forces and has led to the development of military outsourcing, the purpose of which is to optimise national military budgets on the basis of maximising economic, military, social and political effects. The generalisation of theoretical and methodological foundations allowed the author to substantiate the principles and build a composite structure of the concept of military outsourcing, as well as to identify coherent groups of objects and subjects of participation.
 An assessment of the current world practice of military outsourcing has made it possible to identify segmental trends in its development in the context of the urgent need to optimise national military budgets and to conclude that the pragmatic incentive is, on the one hand, the dilemma of growing military budgets and the importance of their optimisation, and, on the other hand, the urgent need to reduce costs. The author proves that military outsourcing is of great importance in the system of performing security functions of the State. A comparative analysis, identifying the advantages and disadvantages of the concepts of military outsourcing implemented by countries around the world, has revealed the dependence of their success on the quality of the institutional environment and substantiated the feasibility of applying a situation-based approach to its formation. According to this approach, the structuring of tasks assigned to the national armed forces should be implemented based on the principles of security priority and efficiency. The application of this approach makes it possible to increase the efficiency of military (combat) tasks without significantly reducing the degree of success in achieving the planned result, since the balance between the use of outsourcing and state self-sufficiency in this case is derived from adaptation to the current security situation. Proposals for building an operational framework for an effective institutional environment for military outsourcing in Ukraine are presented, outlining the main determinants, based on the analysis of global trends and national practices. It is noted that its formation should include: justification of the set of military and security functions that should be outsourced to private companies; description of the mechanisms of state control over the activities of private military companies and organisation of state response to cases of violations of human rights and/or humanitarian law.

Profile of an Elementary Teacher—How Instructional Strategies Differ across Elementary Classrooms

The marginalization of social studies has led to many questions about how elementary teachers include social studies in their curriculum. Using a survey distributed to Texas teachers, this study explores the instructional strategies, integration emphasis, and content area instructional time utilized in the elementary classroom. Through a quantitative study, results indicate a significant relationship with emphasizing controversial issues in social studies with language integration and art integration. Also, teachers in earlier grade levels were more likely to emphasize controversial issues than the older grade levels. Lastly, implications for teacher education are discussed.

E. P. Shestakov-Erchimen as a literary critic

The article studies the literary and critical works by Egor Shestakov – Erchimen (1927–1996), a major and authoritative critic in the Yakut literature of the 1960s – 90s. His opinion was of great importance in the literary process of that period. The article reveals the problems, the genre originality of his works, the principles that the critic adhered to, as well as the methods and techniques of critical analysis of a work of art (the critic's tools). As a result, based on the analysis, the following was revealed: the main problematic issues of literary and critical articles and research works by Erchimen are the issues of evaluating the literary heritage of the classics of Yakut literature; controversial issues of the history of Yakut literature and criticism; issues of the critic's skill and the quality of critical analysis of a work of art. The Erchimen's literary and critical works represent the whole range of major genres of criticism: a review, article (review, problematic and polemical), literary portrait (anniversary article and a literary portrait per se and essay); his critical analysis methods include retelling, quoting, comparison, analogy, and a direct statement.

TRENDS AND PROSPECTS OF MODERNISATION OF MULTI-STORY RESIDENTIAL BUILDINGS ON THE BASIS OF SUSTAINABLE DEVELOPMENT

According to the results of generalisation; quantitative, qualitative and comparative analysis of the reconstruction of residential buildings, trends and prospects for the reconstruction and modernisation of multi-story residential buildings are determined, considering the principles of sustainable development. The problems, trends and prospects of the reconstruction of multi-story buildings were determined, which made it possible to find optimal ways of modernising residential buildings, considering controversial issues, opportunities and goals of sustainable development. The controversial issue is to find a balance between real opportunities, current and planned projects and ways of implementation, considering economic opportunities, legislation and controversial issues between Condominium and co-owners of multi-apartment buildings. The problems are highlighted and ways to solve the improvement of projects for the modernisation of multi-story buildings are found. Possibilities and options for cost-effective modernisation of multi-story buildings are taken into account. The interests of all stakeholders were taken into account and ways to overcome misunderstandings were found. When all issues are resolved, not only the interests of the project executor, the Condominium, co-owners of multi-apartment building, organisations and funds which financing the project, as well as the capabilities of the state and current legislative and regulatory acts regulating the financing and implementation of the project of modernisation of multi-story buildings are taken into account. Much attention is allocated to the goals of sustainable development of cities and communities. After all, when modernising multi-story buildings, it is necessary to focus not only on the needs of the present, but also to considering the needs of future generations and focus on effective, economically profitable prospects of the present and the distant future, taking into account the need for a healthy environment. Thanks to the amendments to the legislation, it became possible to improve the energy efficiency of buildings and reach a higher quality level in the modernisation of multi-story buildings.

Legal and tactical basis for conducting a search of a person’s residence or other property: identifying the ways to resolve the controversial issues

A search of a person's residence or other property is one of the most typical and, at the same time, the most complex investigative ( search) actions. Its purpose is to identify, record factual data on the event of a criminal offence or related event, find and seize the instruments of a criminal offence, property acquired by illegal means or items excluded from use by law, as well as to establish the location of the wanted persons. This investigative (search) action is associated with the restriction of the rights of the person in whose residence or premises it is conducted, who may not even be involved in the commission of a criminal offence. For this reason, it is important to ensure that the search is conducted in compliance with a number of legal and organisational principles, as well as using a set of effective tactical techniques.
 The legal basis for conducting a search is determined by the current criminal procedure legislation of Ukraine and the provisions of international legal treaties ratified by the Verkhovna Rada of Ukraine. With regard to the grounds for conducting a search, the actual grounds are the need to achieve the purpose set out in part 1 of Article 236 of the Criminal Procedure Code of Ukraine, and the legal grounds are the existence of a reasoned court decision in the form of a ruling by an investigating judge. At the same time, a large number of legal and normative regulations are subject to contradictions, which is why it is important to eliminate ambiguity in them, as well as to introduce into the practice of conducting searches proven tactical methods of applying this investigative (search) action.
 Today, it is important to resolve the issues of unification of the provisions of the criminal procedural legislation of Ukraine in terms of regulating the procedure for technical recording of a search, determining the scope of recording of actions and circumstances of the search, as well as determining the powers of the defence counsel to involve a specialist in the search, etc. Given the importance and controversy of this issue, it requires further in-depth and comprehensive research.

A Critical Discourse Analysis of Fox News’ Reporting on COVID Measures

The Fox News Channel is the most-viewed cable television channel in the United States of America. It is known for practicing partisan reporting in favor of the Republican Party and has often been accused of lacking objectivity and not being fair and balanced, contrary to its original slogan. The article discusses the results from a critical discourse analysis of the spoken discourse aired on Fox News during the COVID-19 pandemic in 2020 and 2021, specifically examining bias, especially right-wing bias. The corpus compiled for the study consisted of the spoken transcripts of all episodes of the morning show Fox and Friends aired between March 2020 and December 2021. The analysis focuses on identifying phenomena, such as language of power, bias towards favoring one side of a controversial issue, as well as what discursive strategies are used to achieve the desired effect, such as framing and phrasing of the hosts’ comments and arguments. Based on the analysis, I show the bias implicit in the text and the motivations behind Fox’s style of reporting. The article concludes with a discussion about its contributions and possibilities of further research, including a multimodal approach.

Historical Topography of Tsarevokokshaysk

The article deals with analysis of the historical topography of Tsarevokokshaysk on the basis of cartographic, written and archaeological sources. The most informative cartographic source on the historical topography of Tsarevokokshaysk is the city plan of 1795, which depicts the main elements of the urban landscape. Written sources provide the most detailed descriptions of the city in 1728, 1795 and 1837. The results of archaeological research of the historical center of Yoshkar-Ola significantly refine and supplement the data of archival sources, allowing us to localize historical and topographic objects on the modern map of the city. The author describes the objects of the urban planning of Tsarevokokshaysk, starting with its central part – the Kremlin, then the prison and Zaostrozhnaya territory. The description includes information from archival sources supported by archaeological research data. In conclusion, the author characterizes the change in the main features of the urban layout of Tsarevokokshaysk during the period from the founding of the city to the beginning of the 20th century, raises controversial issues of the historical topography of Tsarevokokshaysk and concludes that further archaeological research of the historical center of Yoshkar-Ola is necessary.

Analysis of the Death Penalty in the Context of Human Rights Law

This research explores the implementation of the death penalty in Indonesia in the context of human rights through literature study methods. The fundamental problem lies in legal uncertainty, human rights violations, and social impacts arising from the execution of the death penalty. The purpose of the study is to analyze these complex dynamics with a focus on Indonesian conditions. The literature study method is used to investigate scientific works, human rights reports, and related official documents. The results showed policy changes, non-conformity to human rights standards, as well as shifts in public opinion and international responses. The conclusion of the study underscores the need for more progressive policy measures to ensure fairness, transparency, and protection of individual rights in the execution of the death penalty in Indonesia. The novelty of this research lies in its comprehensive approach to this controversial issue, offering an in-depth and relevant perspective for further understanding.

DEFINING OLD AGE IN SUB-SAHARAN AFRICA: THE PERSPECTIVE OF AFRICAN SCHOLARS AND PROFESSIONALS

Abstract The older adult population in Africa is projected to experience the fastest growth rate among regions in the world. Although in most Global North nations, 60-65 is considered old, the issue of what age should be accepted as “old” in Sub-Saharan Africa has remained a controversial issue with governments and scholars. The imminent increase in aging in Africa is a call for action since age definition is directly linked to access to programs and policies necessary to ensure older adults’ well-being. Through an online survey, this study investigated the perspectives of Gerontology and Social Work professionals from Sub-Saharan Africa (n=78, 55% female, age range 24-75) on what age should be accepted as “old” or “elderly” for policy development and research purposes. A descriptive analysis indicated that the most endorsed old age marker in Sub-Saharan Africa was 50 years old (33.3%) ---a full decade lower than the United Nation’s designation of old age. The primary factors respondents indicated should be considered when defining old age in Sub-Saharan Africa are health status (73.6%), retirement age (61.1%), and quality of life (56.9%). Age 60 was identified as the most appropriate age to determine eligibility for aging programs (45.1%) and for conducting research on later life (43.5%). We recommend that age guidelines used in Global South regions such as Sub-Saharan Africa should not necessarily mirror the guidelines for age used in the Global North but should fit the context of aging in those regions.

The Right to Life. Legal Status of the Human Embryo

This paper aims to review the controversial issues in the field of human rights: the status of the human embryo. Since the moment the creation of human embryos in laboratory condition became available, ethical questions continued to arise and emphasize it’s irascible status. During pregnancy the embryo is part of another human being’s body lacking a legal status distinct from that of his mother’s. Defining the right to life and its prime beneficiaries is an important step in gaining a unitary position on a special status of the human embryo. This special legal status derives from the embryo’s recognized potential to become a human being.

Эффективность примирительных процедур в Российской Федерации

The relevance of the effectiveness stated in the article, including the problems of conciliation procedures in the Russian Federation, is due to the fact that they occupy an important place in the public life of civil society. The article analyzes the legal mechanisms of pre-trial settlement of conflicts and disputes between the parties with the help of conciliation procedures with the participation of a mediator. The purpose of the article is to study the opportunities provided by the law for the implementation by the courts of the tasks of reconciliation of participants in disputable legal relations. Here, some problems of judicial conciliation in resolving disputes are analyzed. Some changes in procedural legislation are proposed, as well as a set of organizational and financial measures aimed at developing and popularizing conciliation procedures in Russian society. The rather rapid development of entrepreneurship in the country has also led to a large number of controversial issues in doing business, which has led to an increased interest in the rapid resolution of disputes through conciliation procedures. Increasing the effectiveness of decision-making by the method of reconciliation requires a deep analysis of the adopted regulations. The author analyzed the legal support of conciliation procedures, briefly defined the principles of conciliation procedures, noted the distinctive features of the procedures. A brief analysis of the various criteria by which the effectiveness of the conciliation activity of the mediator is assessed is given, the necessary requirements for the full-fledged activity of the mediator himself are outlined. The results of the study can be used to develop an effective legal framework for the development of the institution of conciliation procedures in the Russian Federation.

Review of Cristina Codruta HAGEANU – “Dreptul familiei” ( "Family law") , Publishing House: Hamangiu, Bucharest, Romania, 2023, pp.499

In November 2023, the 3rd edition of the course Family Law, author Codruța Hageanu, lecturer at the Lucian Blaga University in Sibiu, appeared at the Hamangiu Publishing House in Bucharest. The first two editions of the work also carried the reference to civil status documents in the title, but in the 3rd edition, the author gave up this reference, preferring a new structure, in which the patrimonial part of family law is presented separately from the relations of family that do not have this component. The course is complex and complete, even if not exhaustive, in which the didactic experience, but also that of a legal practitioner (the author was a judge and university teacher for a quarter of a century, and is currently a lawyer) is revealed both through the clear exposition and orderly organization of institutions, as well as by trying to provide solutions to controversial issues in an attractive and difficult field at the same time.