Exercise Of Control Research Articles

Ustrojowe gwarancje praw zatrzymanego jako wzorce sądowej kontroli zatrzymania w polskim procesie karnym

The purpose of the article is to draw attention to the fact that the Polish legal system features system-related guarantees of the rights of the detainee which are regulated in a multi-centric system of law, consisting of a set of constitutional norms and legal international norms, which create the models of judicial control of detention in a Polish criminal lawsuit. The article puts forward a thesis that the Polish system features the socalled dispersed control of constitutionality, which is erroneously considered a synonym of the concept of the so-called direct application of the constitution. The questions under discussion are analysed by means of a formal-dogmatic method. The article also discusses the possibility of the participation of assistant judges in the exercise of judicial control of detention, with reference to the recent modification of the system-based position of assistant judges.

ВЕДОМСТВЕННЫЙ КОНТРОЛЬ ЗАКУПОЧНЫХ ПРОЦЕССОВ КАК ИНСТРУМЕНТ ОБЕСПЕЧЕНИЯ ЭКОНОМИЧЕСКОЙ БЕЗОПАСНОСТИ БЮДЖЕТНЫХ УЧРЕЖДЕНИЙ

The article discusses organizational and methodical questions of departmental control of purchasing processes for ensuring economic security of budgetary institutions. On the basis of the carried-out analysis of special economic literature and practice of implementation of state procurements, according to the existing legislation, the system approach provides completeness of legal regulation, interrelation of all necessary stages and processes of purchases. As a result, there has been formed the unified information system in the sphere of purchases, which allows to automatically monitor the data published or unpublished by customers on the official portal of purchases and to compare these data for identification of discrepancies, such as a plan of purchases, scheduled plans, notices on carrying out purchases, protocols and reports on contracts. It contributes to further development of fair competition and anti-corruption by means of monitoring the market prices, ensuring transparency of activity of both customers and suppliers in the sphere of state procurements. Special attention is paid to the organization and methodical approaches of implementation of field and documentary departmental checks. In the exercise of departmental control over procurements there has been suggested to apply tabular forms of procurement data collection. There has been stated the need to develop domestic policy of ensuring economic security of business-processes and methodology of risks assessment at the level of the budgetary establishment, which will promote an increase in efficiency of both internal and departmental control.

Statistical Arbitrage with Uncertain Fat Tails

This paper develops a model of arbitrage trading on assets with fat-tail risks. When arbitrageurs are uncertain about the variance of fat-tailed mispricings, they choose to ignore a wide range of opportunities under the max-min criterion. Even though model risk hinders their willingness to act, arbitrageurs can catch the most profitable trades by their linear, momentum trading outside the inaction region. We show that this equilibrium strategy is observationally equivalent to the LASSO regression which finds solid, Bayesian-rational grounds in this paper. Arbitrageurs can amass extra market power due to conservative trading. Their strategic exercise of robust control facilitates a cartel, protecting their profits from being competed away even when their population goes to infinity. Those results shed light on a new mechanism for limits to arbitrage.

El test de proporcionalidad: Su uso y aplicación en la jurisprudencia de la Corte Constitucional colombiana

Con la entrada en vigencia de la Constitución Política de 1991, uno de los cambios transcendentales que se produjo, lo constituyó la creación de la Corte Constitucional colombiana, a la cual se le confió la guarda de la integridad y de la supremacía de la Constitución mediante el otorgamiento de la competencia funcional de ejercer el tan complejo control constitucional en un estado; para el ejercicio de dicho control, la Corte Constitucional y ante el nuevo modeloconstitucional dispuesto en la Constitución de 1991, ha acudido a lo que se denomina el neoconstitucionalismo, esto es, a la aplicación de nuevas formas, figuras e instituciones dentro del derecho constitucional que le permitan cumplir esta función dejando de lado el excesivo formalismo que imponía el riguroso modelo positivista y exegético, para acudir a modelos de control mucho más acordes al del Estado Social de Derecho. Dentro del denominado neoconstitucionalismo cabe destacar el uso de los denominados test por parte de los tribunales constitucionales, y para el caso de Colombia, de la Corte Constitucional colombiana. Para el presente caso, el objeto de estudio de la investigación se centra en describir y analizar, la figura del uno de estos, como es, el test de proporcionalidad, así como revisar su uso y metodología por parte de la Corte Constitucional colombiana, tema que resulta de gran importancia nos solo para el derecho constitucional, sino para todo lo que respecta al ordenamiento jurídico colombiano; por cuanto, el test de proporcionalidad viene siendo uno de los métodos hermenéuticos más utilizados por la Corte Constitucional para el ejercicio del control constitucional, abstracto o concreto, en todas las temáticas del derecho, esto es, en lo penal, civil, laboral, familia, tributaria, policivo, disciplinario, etc. Este documento se centra en describir y analizar el test de proporcionalidad y su metodología de aplicación por parte de la jurisprudencia de la Corte Constitucional Colombiana, el cual se desarrolla en dos secciones, saber: una primera sección, en la cual se describe el marco conceptual del test de proporcionalidad, su definición y origen, y se realiza una breve referencia al derecho comparado y una segunda sección en la cual se describe el arribo del principio de proporcionalidad en la Corte Constitucional colombiana, así como la metodología del test de proporcionalidad, para finalmente presentar algunas conclusiones del test de proporcionalidad a la luz del uso dado por la Corte Constitucional colombiana al mismo.

MESA 2: DIABETES MELLITUS TIPO 1 Y ACTIVIDAD FÍSICA

En personas con diabetes tipo 1 (DM1) el ejercicio físico realizado en forma regular brindaría protección cardiovascular y tendría propiedades inmunomoduladoras pero la compleja interacción entre los efectos del ejercicio sobre el metabolismo glucídico y la terapia con insulina exógena supone un verdadero desafío. El ejercicio aeróbico por la contracción muscular disminuye la glucemia, conduce a un estado de hiperinsulinemia relativa y genera hipoglucemia al inicio o después del mismo mientras que el ejercicio anaeróbico se asocia a hiperglucemia por aumento de catecolaminas e incremento de lactato que favorece la neoglucogénesis hepática. El deterioro de la respuesta de hormonas contrarreguladoras existente en la DM1 amplifica la variabilidad glucémica y dificulta el control metabólico.Existen guías y recomendaciones que buscan brindar un marco de seguridad para la prescripción de actividad física considerando la multiplicidad de disciplinas deportivas, la edad del paciente y la evaluación de las complicaciones crónicas de la diabetes antes del inicio de la misma. Entre las estrategias terapéuticas se encuentran la modulación con hidratos de carbono, la adecuación pre y pos ejercicio de la insulinoterapia y el control intensivo de glucemia y cetonas. Los nuevos infusores de insulina y monitoreo glucémico ofrecen la posibilidad del fraccionamiento y/o suspensión de dosis convirtiéndose en el gold standard entre los deportistas de alto rendimiento. A futuro modelos integrados con calculadoras de ejercicio inteligentes, capacidad predictiva y de “aprendizaje individualizado” (páncreas artificial) posibilitarán mantener la euglucemia y optimizar los beneficios del ejercicio como parte del tratamiento.

Legal Aspects on the Audit of the Albanian Olympic Community by the International Organisations

One of the main factors influencing the determination of the degree of democratization of a country and its economic development is the transparency of decision-making bodies and its free exercise without being influenced by political factors and other related elements. Transparency is the most important element in the exercise of any activity of any budget institution or economic entity, for the fact that it creates credibility and security for the general public in undertaking new initiatives, as well as offers strong grounds for fair and effective powers of all state institutions. To achieve this goal, a stable state approves in its constitutional and legal acts, the creation of special and independent structures with the sole purpose of controlling the legality and efficiency of the activity of any state body or even of private entities. Such special structures help to create a strong and constitutional power that exercises its core activity through independent bodies in full compliance with the legislation in force. It should be acknowledged that often different subjects or institutions exercise their activity by causing irregularities in conformity with the law and thereby violating openly other legal rights arising from them. For the purpose of avoiding and eliminating these abuses, the legislature has created an independent body of Supreme State Audit which enables the exercise of effective control over any activity of state bodies and institutions. This right which enables the exercise of such control in the legal language shall be considered as an audit process.

Private Security Work in Turkey: A Case Study of Precarity, Militarism and Alienation

With one of the largest and fastest growing private security sectors in the greater EU area, Turkey offers an interesting case study for examining the effects of neoliberal policing on private security labour. The analysis is based on unstructured interviews (N = 20) with private security guards, media reports and government documents. Focusing on (1) precarity, (2) militarism and (3) alienation, we find that while private security has been decisive in the militarization of urban space and the exercise of authoritarian control in daily social relations, it is also characterized by class contradictions manifested in the lived experiences of security labour. The growth of Turkish private security and its effects are both part of the common extension of pacification yet uniquely conditioned by the emergence of a single-party, authoritarian regime that has deliberately extended its reach, in part, through the expansion of private security.

Risk of Cyber-Physical Attack via Load With Emulated Inertia Control

The intrinsic electromechanical coupling of power and frequency across a power system creates the possibility of indirect cyber-physical attacks, where the attack's impact occurs at locations far removed from the intrusion point. The work here explores this vulnerability, demonstrating mechanisms by which an attacker could cause system-wide unstable oscillations and trips of generators, by an attack altering only local control characteristics of customer loads. This extends previous work on malicious control in generator governor control loops in three ways. First, the fidelity and size of the study system is improved, with each generator represented via detailed models in a non-linear dynamic simulation. Second, we study an increasingly plausible attack, in which loads (prior to attack) are enlisted to enhance system stability through the exercise of emulated inertia control. Finally, the work demonstrates methodologies which an attacker might employ to choose the generator(s) targeted to experience large oscillations (and tripping through protective relay action) and the locations, where compromised control systems would have greatest impact. Nonlinear simulation results indicate that malicious control destabilizes the power system, with targeted generators experiencing large magnitude oscillations, and probable tripping of rate of change of frequency protective relays. These results are demonstrated as robust over variations in parameters, topology, and loading.

Addressing Conflict in the Fifth Century: Rome and the Wider Church

Abstract In seeking to trace the escalation, avoidance or resolution of conflicts, contemporary social conflict theorists look for incompatible goals, differentials in power, access to social resources, the exercise of control, the expression of dissent, and the strategies employed in responding to disagreements. It is argued here that these concepts are just as applicable to the analysis of historical doctrinal conflicts in Late Antiquity as they are to understanding modern conflicts. In the following, I apply social conflict theory to three conflicts involving the late antique papacy to see what new insights it can proffer. The first is Zosimus's involvement in the dispute over the hierarchy of Gallic bishops at the beginning of the fifth century. The second and longest case-study is Leo I's intervention in the Chalcedonian conflict over the natures of Christ. The final brief study is the disputed election of Symmachus at the end of the fifth century.

Reframing "participation" and "inclusion" in public health policy and practice to address health inequalities: Evidence from a major resident-led neighbourhood improvement initiative.

There is a need for greater conceptual clarity in place-based initiatives that seek to give residents of disadvantaged neighbourhoods more control over action to address the social determinants of health inequalities at a local level. In this article, we address this issue as it relates to the concepts of participation and inclusion. We draw on qualitative data generated during the first phase of the Communities in Control Study, a longitudinal multisite independent evaluation of the impact of Big Local on the social determinants of health and health inequalities. Big Local is a resident-led area improvement initiative in England, funded by the UK Big Lottery Fund. Initiatives focused on community empowerment are increasingly prominent in public health policy and practice globally. Approaches emphasise the promotion of greater control over decisions and action among individuals, groups, and communities, particularly those living in disadvantaged circumstances. However, when it comes to participation and inclusion in taking action and making decisions, the field is characterised by conceptual confusion. This risks undermining the impact of these initiatives. While participation and inclusion are necessary conditions for empowerment and collective control, they are not necessarily sufficient. Sufficiency requires attention to the breadth of participation (i.e., to inclusion) and to the depth of participation (i.e., the extent to which it is experienced as empowering and ultimately enables the exercise of collective control over decisions and actions). In observing how different Big Local resident-led partnerships across England are tackling the day-to-day challenges of engaging with their communities, we reveal the potential for policy and practice of reframing, and therefore clarifying (to highlight the different roles they have) the concepts of participation and inclusion in terms of depth and breadth.

Aspectos de autonomia e heteronomia no exercício do controle social em um conselho municipal de saúde

Os conselhos municipais de saúde são instâncias de participação cívica na gestão do Sistema Único de Saúde (SUS), criados a partir da Lei nº 8.142 de 28 de dezembro de 1990. Fixam-se assim os espaços para participação popular na agenda pública, especificamente na saúde, conferindo caráter diferenciado à gestão municipal, que se assume como controle social. Nesse contexto e mediante o papel e as responsabilidades atribuídas aos conselhos, este trabalho tem a proposta de analisar o exercício do controle social exercido pelo conselho municipal de saúde na cidade de Juiz de Fora. Para tanto, realizou-se uma revisão de literatura a fim de fundamentar esta pesquisa e auxiliar no tratamento de dados. Com relação aos procedimentos metodológicos, este estudo, de abordagem qualitativa, empregou como técnicas de coleta de dados a realização de entrevistas semiestruturadas, pesquisa documental e observação não-participante, sendo os dados estudados a partir da análise de conteúdo. As análises sugerem incompletude na autonomia do conselho, ao identificarmos traços de heteronomia.

Brainjacking in deep brain stimulation and autonomy

'Brainjacking’ refers to the exercise of unauthorized control of another’s electronic brain implant. Whilst the possibility of hacking a Brain–Computer Interface (BCI) has already been proven in both experimental and real-life settings, there is reason to believe that it will soon be possible to interfere with the software settings of the Implanted Pulse Generators (IPGs) that play a central role in Deep Brain Stimulation (DBS) systems. Whilst brainjacking raises ethical concerns pertaining to privacy and physical or psychological harm, we claim that the possibility of brainjacking DBS raises particularly profound concerns about individual autonomy, since the possibility of hacking such devices raises the prospect of third parties exerting influence over the neural circuits underpinning the subject’s cognitive, emotional and motivational states. However, although it seems natural to assume that brainjacking represents a profound threat to individual autonomy, we suggest that the implications of brainjacking for individual autonomy are complicated by the fact that technologies targeted by brainjacking often serve to enhance certain aspects of the user’s autonomy. The difficulty of ascertaining the implications of brainjacking DBS for individual autonomy is exacerbated by the varied understandings of autonomy in the neuroethical and philosophical literature. In this paper, we seek to bring some conceptual clarity to this area by mapping out some of the prominent views concerning the different dimension of autonomous agency, and the implications of brainjacking DBS for each dimension. Drawing on three hypothetical case studies, we show that there could plausibly be some circumstances in which brainjacking could potentially be carried out in ways that could serve to enhance certain dimensions of the target’s autonomy. Our analysis raises further questions about the power, scope, and necessity of obtaining prior consent in seeking to protect patient autonomy when directly interfering with their neural states, in particular in the context of self-regulating closed-loop stimulation devices.

THE EVOLUTION OF THE GROUNDS OF JUDICIAL REVIEW OVER THE ADMINISTRATIVE DECISION IN THE ENGLISH LEGAL ORDER

The study deals with a study in the English administrative law and the most important judgments of the judiciary in the United Kingdom in the field of illegality of administrative decisions in a way that reflects the modern development that has taken place there. Which has become close to the latin judicial system, and , and therefore, the research began on the English judicial system and its role in the exercise of control of the work of the Administration, and then address the most important defects that can defect  the administrative decision, which gives those decisions the character of illegality. This study addressed the illegitimacy and did not come to the principle of irrationality, this principle, which some consider as a basis of appeal of the decision, and inextricably linked to the idea of discretionary competence.

Phantom motor execution as a treatment for phantom limb pain: protocol of an international, double-blind, randomised controlled clinical trial

IntroductionPhantom limb pain (PLP) is a chronic condition that can greatly diminish quality of life. Control over the phantom limb and exercise of such control have been hypothesised to reverse...

Effects of External Whistleblower Rewards on Internal Reporting

Many have argued that rewards for external whistleblowing on corporate crimes to regulatory agencies could discourage internal reporting in companies, but this issue has not yet been fully analyzed. Based on the observations of past trends in whistleblower cases, this paper develops a model based on the hypotheses that internal reporting helps a company’s internal governance system prevent crime through the exercise of internal control and that external whistleblowing helps a regulatory agency deter crime through the threat of sanctions. The model shows the amount of external whistleblower rewards has a non-monotonic relationship with the probability of internal reporting occurring: As the amount of rewards increases, the probability of internal reporting first increases and, after reaching a maximum, decreases to zero. The socially optimal amount of external whistleblower rewards is determined by considering a trade-off between internal reporting as a means of prevention and external whistleblowing as that of deterrence.

The Spatial and Temporal Dynamics of Neighborhood Informal Social Control and Crime

Author(s): Wickes, R; Hipp, JR | Abstract: Social disorganization theory is one of the most widely tested theories in criminology, yet few studies consider the temporal and spatial dynamics of neighborhood composition, neighborhood informal social control, and crime. To better understand these relationships, we use census data, police data, and three survey waves of data from a unique longitudinal dataset with over 4,000 respondents living across 148 neighborhoods in an Australian city undergoing rapid population growth. We employ cross-lagged reciprocal feedback models to test the central tenets of social disorganization theory and its contemporary advances for three crime types: violent crime, property crime, and drug crime. Further, we examine the reciprocal relationship between neighborhood composition, three components of informal social control (neighborhood social ties, expectations for informal social control, and the exercise of informal social control), and crime and whether socio-demographic changes in nearby neighborhoods shape these relationships over time. We find that changes in the socio-demographic composition in both focal and nearby areas influence neighborhood informal social control; however, in contrast to cross-sectional studies of social disorganization theory, our results reveal little support that neighborhood informal social control significantly decreases crime over time.

Compassion on university degree programmes at a UK university

PurposeThe purpose of this paper is to explore the neuroscience that underpins the psychology of compassion as a competency. The authors explain why this cognitive competency is now taught and assessed on modules of different degree subjects in a UK university.Design/methodology/approachThe paper is divided into first, an exploration of recent psychology and neuroscience literature that illuminates the differences, and relationship, between empathy and compassion for safeness building in teams. Within that, the role of oxytocin in achieving social and intellectual rewards though the exercise of cognitive flexibility, working memory and impulsive inhibitory control (Zelazoet al., 2016) is also identified. The literature findings are compared against relevant qualitative data from the above university, so far, nine years of mixed methods action research on compassion-focussed pedagogy (CfP).FindingsThese are that the concept and practice of embedding compassion as an assessed cognitive competency in university group work is illuminated and rationalised by research findings in neuroscience.Research limitations/implicationsThe limitations of the study are that, so far, fMRI research methods have not been used to investigate student subjects involved in the CfP now in use.Practical implicationsThe paper has implications for theory, policy and practice in relation to managing the increasing amount of group work that accompanies widening participation in higher education (HE).Social implicationsThe social implications of what is outlined in the paper pertain to student mental health, and academic achievement; to policy and practice for HE curriculum design across subjects and disciplines; and for the HE remit to serve the public good.Originality/valueA review of this kind specifically for student assessed group and its implications for student academic achievement and mental health has not, apparently, been published.

Disruption in Business Environments: A Framework and Case Evidence

The article starts with a proposition stating that contemporary multi-functional disruptive change is leading to an expression of leadership that is closely associated with individual perspective and exercise of control. Perspective and control take the issue out of the traditional single track focus on the leader’s behavior or traits to the broader context of the leader, as an individual, the followers, as players and events, as disruptive forces. The article further defines perspective in terms of vision and desire to achieve. It also defines control in terms of locus, and management of self. A propensity to lead is derived from the analysis. Case evidence compliments the analysis. The article is of benefit into breathing fresh air into what is rapidly becoming a stale conceptual and professional arena. The two parameters, once converted into an operational model, could, help the process of management of today’s turbulent businesses.

Retracted: The Social Context of Criminal Threat, Victim Race, and Punitive Black and Latino Sentiment

Abstract A well-established body of research focuses on the relationship between criminal threat and the exercise of formal social control, and a largely separate literature examines the effects of victim race in criminal punishment. Despite their close association, few attempts have been made to integrate these related lines of empirical inquiry in the sociology of punishment. In this article, we address this issue by examining relationships among criminal threat, victim race, and punitive sentiment toward black and Latino defendants. We analyze nationally representative survey data that include both subjective and objective measures of criminal threat, and we incorporate unique information on victim/offender dyads to test research questions about the that role victim race plays in the formation of anti-black and anti-Latino sentiment in the criminal justice system. The results indicate that both subjective perceptions of criminal threat and minority population growth are significantly related to punitiveness among whites, and that punitive sentiment is enhanced in situations that involve minority offenders and white victims. Moreover, we show that aggregate indicators of racial threat strongly condition the effect of victim race on punitive attitudes. Implications of these findings are discussed in relation to racial group threat theories and current perspectives on the exercise of state-sponsored social control.

Flag State Responsibility for the Exercise of Jurisdiction and Control in Administrative Matters Over Vessels: Crimes at Sea and Trafficking of Weapons in Central America to the United States

Flag State countries have been attracting a significant amount of vessels around the world due to their low fees for many decades. The proliferation of such an event has triggered the opportunity to many criminal organizations in establishing and sneaking market routes from this attractive and unlimited amount of vessels. Trafficking of weapons, drugs, and immigrants are some of the activities performed by those organizations. Moreover, the lack of efficient law enforcement from flag states has proliferated the damage to other nations. The issue has attracted the concern of multilateral organizations and the United States to cooperate with those nations in Central America to mitigate the damage. The responsibility for the exercise of jurisdiction and control in administrative matters over vessels is no longer a matter of sovereignty.