Exercise Of Functions Research Articles

Judicial Immunity – A Guarantee of Independence and an Element of Accountability

Abstract The aim of the article is to develop a common understanding of the content of judicial immunity and thus to generate a theory on the application of this legal institution in ensuring and balancing judicial independence and accountability. Neither the separation of powers nor the judicial independence precludes the assessment of a judge’s responsibility for violation of the law, however, it is in the interests of both the state and society to ensure the independent exercise of the judicial function. Therefore, there is a need to strike a balance between the independent exercise of the judicial function and the holding of judges accountable. This balance is ensured by judicial immunity. The research was carried out by using the methods of scientific research customary in legal science: literature studies, analytical, comparative, inductive and deductive research methods. The study reveals the aim of judicial immunity, describes its content focusing on two elements of the judicial immunity: non-liability and inviolability and reveals the specific requirements of judicial immunity. The study confirms that well-regulated and responsibly applied judicial immunity ensures that independence and accountability can be balanced.

Observations In Police Records And Their Prospection To Tutelas De Derecho In Criminal Proceedings

The main objective of the research was to analyze the normative limits to establish party observations in police records as part of the exercise of the right to defense and its prospection to protect rights in criminal proceedings. The results of the investigation showed that Peru continues to suffer the effects of abusive police activity that generates irreparable damage to the human essence of the people intervened in an abusive manner or without respect for their fundamental rights because they develop within them a criterion of abusiveness and disproportionality in the treatment by the intervening police officers. For this reason, the investigation establishes the importance of the right to write the observations of the detainee or his defense in the police records in order to denounce on the spot the abuses or arbitrariness committed during the proceedings, since, in most cases, there is a nonsense in the exercise of the function and it is established that the detainee refused to sign the report. It was concluded that there are problems related to arbitrariness in the exercise of police functions that are not reported in a timely manner by the victims, generating mistrust against the authorities and public institutions.

Children’s Drawings, as A Domain of Exercise of the Semiotic Function and Its Aesthetic Appreciation

Children’s Drawings, as A Domain of Exercise of the Semiotic Function and Its Aesthetic Appreciation

Obtaining evidence by the court at the request of international commercial arbitration

The article is dedicated to the study of the legal aspects of the procedure for obtaining evidence at the request of the International Commercial Arbitration Court through national courts. The procedure for submitting evidence in international commercial arbitration depends on the rules agreed upon by the parties in the arbitration agreement, as well as the applicable procedural norms of the arbitration institution (e.g., UNCITRAL Rules, ICC, LCIA, etc.). However, there are general principles and stages that are characteristic of most arbitration processes. The participation of national courts in relationships arising in connection with arbitration proceedings is implemented through the exercise of certain functions by the judiciary within the established scope of interaction. It has been determined that the primary goal pursued by the state, by granting national courts the authority to perform functions of assistance and control, is an interest in the implementation of the international commercial arbitration jurisdictional function. These circumstances ensure the effectiveness of arbitration proceedings and their attractiveness for the disputing parties. The general rules for submitting evidence and the powers granted to international commercial arbitration are highlighted, which include the authority to determine the admissibility, relevance, materiality, and significance of any evidence. It is concluded that the general rule is that the international arbitration court has the right to require the parties to submit evidence, as well as the right to request evidence from third parties, which the arbitration tribunal deems necessary for the resolution of the dispute. It is noted that an effective way to obtain the requested evidence is provided by Article 27 of the Law of Ukraine «On International Commercial Arbitration,» which allows the arbitration court to apply to the national court for assistance in obtaining evidence by way of a request for evidence. It is argued that the court’s assistance in obtaining evidence within the context of Article 27 of the Law of Ukraine «On International Commercial Arbitration» should only be considered in the possibility of requesting evidence by the court in accordance with Article 84 of the Civil Procedure Code of Ukraine. The request for evidence, as part of the institution of evidence preservation, in accordance with part 7 of Article 116 of the Civil Procedure Code, is not a form of court assistance to international commercial arbitration, which involves not only obtaining evidence relevant to the subject matter of the case and important for its resolution, but also primarily a way to prevent its potential loss in the future.

Impact of stage-specific limb function exercises guided by a self-management education model on arteriovenous fistula maturation status.

The exercise of limb function is the most economical and safe method to promote the maturation of arteriovenous fistula (AVF). However, due to the lack of a unified exercise standard in China, many patients have insufficient awareness of the importance of AVF, leading to poor effectiveness of limb function exercise. The self-management education model can effectively promote patients to take proactive health-related actions. This study focuses on the characteristics of patients during the peri-AVF period and conducts a phased limb function exercise under the guidance of the self-management education model to observe changes in factors such as the maturity of AVF. To assess the impact of stage-specific limb function exercises, directed by a self-management education model, on the maturation status of AVFs. This study is a randomized controlled trial involving 74 patients with forearm AVFs from the Nephrology Department of a tertiary hospital in Sichuan Province, China. Patients were randomly divided into an observation group and a control group using a random number table method. The observation group underwent tailored stage-specific limb function exercises, informed by a self-management education model which took into account the unique features of AVF at various stages, in conjunction with routine care. Conversely, the control group was given standard limb function exercises along with routine care. The assessment involves the maturity of AVFs post-intervention, postoperative complications, and the self-management level of the fistula in both groups patients. Analyses were conducted using SPSS version 23.0. Count data were represented by frequency and percentage and subjected to chi-square test comparisons. Measurement data adhering to a normal distribution were presented as mean ± SD. The independent samples t-test was utilized for inter-group comparisons, while the paired t-test was used for intra-group comparisons. For measurement data not fitting a normal distribution, the median and interquartile range were presented and analyzed using the Wilcoxon rank sum test. At the 8-wk postoperative mark, the observation group demonstrated significantly higher scores in AVF symptom recognition, symptom prevention, and self-management compared to the control group (P < 0.05). However, the variance in symptom management scores between the observation and control groups lacked statistical significance (P > 0.05). At 4 wk after the operation, the observation group displayed a superior vessel diameter and depth from the skin of the drainage vessels in comparison to the control group (P < 0.05). While the observation group did manifest elevated blood flow rates in the drainage vessels relative to the control group, this distinction was not statistically significant (P > 0.05). By the 8-wk postoperative interval, the observation group outperformed the control group with notable enhancements in blood flow rates, vessel diameter, and depth from the skin of drainage vessels (P < 0.01). Seven days following the procedure, the observation group manifested significantly diminished limb swelling and an overall reduced complication rate in contrast to the control group (P < 0.05). The evaluation of infection, thrombosis, embolism, arterial aneurysm stenosis, and incision bleeding showed no notable differences between the two groups (P > 0.05). By the 4-wk postoperative juncture, complications between the observation and control groups were statistically indistinguishable (P > 0.05). Stage-specific limb function exercises, under the guidance of a self-management education model, amplify the capacity of AVF patients to discern and prevent symptoms. Additionally, they expedite AVF maturation and mitigate postoperative limb edema, underscoring their efficacy as a valuable method for the care and upkeep of AVF in hemodialysis patients.

О процессуальном статусе защитника в уголовном судопроизводстве на стадии предварительного расследования

In this article the author attempts to review the procedural status of the defender through the prism of its structural units — the rights, duties and responsibilities. The conclusion is made, that it is necessary to take into account the moment of the beginning of exercise of the criminal procedural function of the defender in determination of the defender’s status. Also the status of the defender acting by the lawyer is analyzed.

SIANCO: reflexiones sobre su fundamentación desde la óptica de la gestión fiscal y la descentralización

An approach from the economic analysis of law allows us to overcome a purely instrumental view of norms, thereby broadening the legal analysis and enriching the understanding of these norms within the framework of public policy decisions, taking into account the regional context and economic relations. The connection between economics and law, and efficiency and law, in relation to the fiscal manager, surpasses the mere exegetical exercise of public functions. It opens the horizon to the incorporation of technological tools that improve the objectives of the administrative function, thereby maximizing democracy, the decentralization processes established in the 1991 Constitution, and strengthening citizen participation. In this context, which also adheres to the principle of harmonious collaboration that should precede relations between territories and the Nation, and considering the importance of revenue derived from the consumption tax on liquor, beer, and cigarettes in territorial incomes, the Consumption Tax Support System (SIANCO) is created.

Examining the Roles of National Assembly in Promoting Good Governance and Nation-Building in Nigeria

The legislature is an institution which represents the common and collective interests of the citizens through the enactment of laws and the exercise of oversight functions on the activities of the executive arm of government. For stable and sustainable international peace, nation-building and good governance require building effective societal, economic and political structures that meet the needs of the people. In the quest for nation-building in a democratic state like Nigeria, the exercise of effective legislative oversight function is crucial. It acts to provide checks and balances in cases when the executive branch operates unconstitutionally. It also aims to ensure that all relevant societal groups are included in and benefit from the nation-building and development exercise and that government policies and budgets are implemented in an effective, efficient, transparent and accountable manner. The power of oversight is constitutionally provided to the Nigerian legislature to enable the National Assembly to curtail corruption, inefficiency, or embezzlement in the executive or administration of laws within its legislative right and in the disbursement and administration of funds appropriated by the Acts. Unfortunately, the Nigerian legislature’s capacity to carry out its oversight functions remains ineffective because the legislature and culture are in their infancy and often confronted by many challenges. The focus of this paper is to examine the roles of the national assembly in promoting good governance and nation-building. This paper further recommends that the citizens elect upstanding individuals with no histories of corruption and greed.

The Immunity of the Deputy in the 1998 Constitution of the Republic of Albania

Immunities are generally configured as an exception to the application of the common law provided for the benefit of some subjects due to the function they perform. It should be emphasized that immunity, in general, is a very significant instrument for the protection of the autonomy and independence of constitutional institutions. In this paper, the author will deal only with the immunity of the deputy, postponing to a second moment the treatment of immunity for other constitutional institutions provided by the Constitution of the Republic of Albania. The issue of the MP's immunity has been and continues to be at the center of the political debate at the moment we are writing this. It will continue to be in the center of attention from our politicians until it is not considered as a personal privilege but as an instrument to protect the exercise of functions in the Parliament. First, the author will deal with the notion and origin of immunity in general, then to stop at the immunity of the deputy according to the 1998 constitution and the evolution that has occurred during these years.&#x0D; &#x0D; Received: 19 February 2024 / Accepted: 15 March 2024 / Published: 23 March 2024

The Impact of an Outdoor Motor-Cognitive Exercise Programme on the Health Outcomes of Older Adults in Community Settings: A Pilot and Feasibility Study.

Physical and cognitive exercises can prevent or at least mitigate the symptoms of certain diseases and help older adults perform a range of daily functions. Yet, most seniors do not meet the World Health Organisation's recommended guidelines for physical activity. The objective of this study is to promote and maintain the physical and cognitive capacity of older adults by implementing a feasible and effective low-threshold, age-appropriate, motor-cognitive training outdoors. In the German city of Chemnitz, citizens aged 60 years and older participated in a quasi-randomised intervention trial. Exercises to train coordination, strength, endurance, and cognition were integrated into a 12-week outdoor motor-cognitive exercise programme. Both the physical (e.g., 6MWT) and cognitive skills (e.g., TMT B) of the intervention group (n = 41) and control group (no intervention, n = 58) were measured before (T1) and after (T2) completion of the exercise programme. Some of the participants' physical and all their cognitive measures improved. Neurocognitive performance (DSST) showed a significant time × group interaction effect (F(1,95) = 6.943, p = 0.010, ηp2 = 0.068). Sex and age were found to be influencing factors. We consider our exercise programme to be successfully implemented, well received by the participants, and feasible and useful to promote the continued exercise of daily functions as part of healthy aging in community-dwelling older adults.

Independence and impartiality through the lens of incompatible activities, disqualification and challenge: the ICJ, ITLOS, and inter-State arbitration

ABSTRACT The members of the international courts and tribunals are expected to be independent and impartial. Their constituent instruments normally contain rules which aim at ensuring the independence and impartiality of judges and arbitrators. Such rules typically include provisions addressing activities incompatible with the judicial office, bars to the participation of a judge or an arbitrator in a particular case, when doubts about his/her impartiality arise. They sometimes address but are oftentimes silent on withdrawal, recusal or challenge. This article explores what types of activities can be said to be incompatible with the exercise of judicial functions or to bar the participation of a judge or an arbitrator in a particular case so as to shape the contours of the notions of impartiality and independence. It examines the existing normative arrangements and the practice of inter-State courts and tribunals, including the procedures and practice on withdrawal, recusal, challenge and the standard applied or applicable in assessing whether the requirements for independence and impartiality of international adjudicators have been met.

In the focus of attention: qualification in the totality of Article 111 «High treason» and parts 2, 5 or 7 of Article 111-1 «Collaboration» of the Criminal Code of Ukraine

The article proves that the voluntary occupation by a citizen of Ukraine of a position not related to the implementation of organizational, administrative or administrative and economic functions in illegal authorities established in the temporarily occupied territory, including in the occupation administration of the aggressor state (Part 2 of Article 111-1 of the Criminal Code) or positions related to the performance of such functions (Part 5 of Article 111-1 of the Criminal Code), or positions in illegal judicial or law enforcement bodies created in the temporarily occupied territory (Part 7 of Article 111-1 of the Criminal Code) and further exercise of his professional function in these positions requires qualification in the aggregate of Part 2 of Article 111 and parts 2, 5 or 7 of Article 111-1 of the Criminal Code. The analysis of judicial practice established that there are three approaches to the qualification of actions of citizens of Ukraine in this case: 1) in parts 2, 5 or 7 of Art. 111-1 of the Criminal Code; 2) under Part 2 of Article 111 of the Criminal Code; 3) under part 2 of article 111 and parts 2, 5 or 7 Art. 111-1 of the Criminal Code. It is established that the scientific literature is dominated by the approach according to which the actions of such a collaborator are subject to qualification only in parts 2, 5 or 7 of Art. 111-1 of the Criminal Code. It is determined that the voluntary illegal occupation by a citizen of positions in illegally created authorities in the temporarily occupied territory (parts 2, 5, 7 of Art. 111-1 of the Criminal Code) is a special type of high treason in the form of switching to the side of the enemy during an armed conflict (Article 111 of the Criminal Code). Therefore, in this part, the actions of citizens of Ukraine are subject to qualification according to a special norm placed in parts 2, 5, 7 of Art. 111-1 of the Criminal Code). At the same time, the exercise of a professional function by a citizen of Ukraine in such positions is committed after the previous crime is completed, and therefore requires independent qualification as high treason in the form of assistance in conducting subversive activities against Ukraine. Key words: collaboration, treason, voluntary occupation, temporarily occupied territory, conditions of martial law, totality, qualification, crime, criminal offense.

Trampoline Stiffness Estimation by Using Robotic System for Quantitative Evaluation of Jumping Exercises.

Trampolines are recognized as a valuable tool in exercise and rehabilitation due to their unique properties like elasticity, rebound force, low-impact exercise, and enhancement of posture, balance, and cardiopulmonary function. To quantitatively assess the effects of trampoline exercises, it is essential to estimate factors such as stiffness, elements influencing jump dynamics, and user safety. Previous studies assessing trampoline characteristics had limitations in performing repetitive experiments at various locations on the trampoline. Therefore, this research introduces a robotic system equipped with foot-shaped jigs to evaluate trampoline stiffness and quantitatively measure exercise effects. This system, through automated, repetitive movements at various locations on the trampoline, accurately measures the elastic coefficient and vertical forces. The robot maneuvers based on the coordinates of the trampoline, as determined by its torque and position sensors. The force sensor measures data related to the force exerted, along with the vertical force data at X, Y, and Z coordinates. The model's accuracy was evaluated using linear regression based on Hooke's Law, with Mean Absolute Error (MAE), Root Mean Square Error (RMSE), and Correlation Coefficient Squared (R-squared) metrics. In the analysis including only the distance between X and the foot-shaped jigs, the average MAE, RMSE, and R-squared values were 17.9702, 21.7226, and 0.9840, respectively. Notably, expanding the model to include distances in X, Y, and between the foot-shaped jigs resulted in a decrease in MAE to 15.7347, RMSE to 18.8226, and an increase in R-squared to 0.9854. The integrated model, including distances in X, Y, and between the foot-shaped jigs, showed improved predictive capability with lower MAE and RMSE and higher R-squared, indicating its effectiveness in more accurately predicting trampoline dynamics, vital in fitness and rehabilitation fields.

JURIDICAL ANALYSIS OF THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES IN PERFORMING THE SUPERVISORY FUNCTION ACCORDING TO INDONESIAN CONSTITUTIONAL LAW

The right of inquiry of the House of Representatives is a right to conduct an investigation owned by the House of Representatives that decides that the implementation of a law in government policies that is important, strategic, and has a wide impact on community life, the nation, and the state is allegedly contrary to legislation. The right of inquiry of the House relating to the exercise of the supervisory functions of the House is “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions. In Indonesian constitutional practice, the right of inquiry is rarely implemented. Twice executed during the reign of the old order and twice executed during the reign of the new order. The use of the right of inquiry in the current presidential system shows a significant increase. This study uses normative juridical methods that are descriptive and analytical. Basically, the right of inquiry is a constitutional right of the DPR in the constitutional system as part of carrying out the function of supervision and balance of the executive. As a result of the legal application of the right of inquiry, the House of Representatives can exercise the right to express an opinion.

Zalewski and the Future of Irish Public Law

Irish judges have tended to ‘jealously guard’ the judicial power, vested as it is by Article 34.1 of the Constitution in the courts alone. And they have jealously guarded their control over the articulation of public law norms. It is they who get to decide what counts as fair procedure in this or that non‐judicial body – not the non‐judicial actors operating at the coalface. But in Zalewski v Workplace Relations Commission a majority of the Supreme Court has signaled a shift away from the rigid judicial ‘centralism’ that has prevailed for a century in the Irish legal system. The judges have departed from the formulaic approach to assessing what counts as judicial power, preferring instead a purposive approach more in line with comparator countries. They have revived a ‘saver’ provision of the Constitution (Article 37.1) expressly providing for ‘the exercise of limited functions and powers of a judicial nature’ by bodies other than courts. And they have indicated that courts and lawyers do not have a monopoly on authority in respect of public law norms. Things remain in flux, however, because there are conflicting messages in the majority judgment in respect of this more ‘pluralist’ conception of public law.

Ensuring independence in the exercise of functions by the board of directors of joint-stock companies

This article is devoted to the problem of ensuring the independence of the board of directors of joint-stock companies. The author points out that there are several approaches to recognizing the status of an independent director for a person. The article discusses the ideal model of relationships within the board of directors, in which the objective decisions in the interests of a legal entity is developed. The author focuses on the role of independent directors in the board of directors, including in terms of control the activities of the executive bodies of a legal entity, resolving conflicts of interest in the decision-making process. The article analyzes the problem of maintaining a balance of interests of various subjects in the decision-making process and the approaches developed in judicial practice that indicate that such a balance is not observed. The author considers issues related to the performance by directors of the duty to make independent judgments, determines the criteria for assessing the independence of judgments.

Artificial intelligence on public sector in Portugal: first legal approach

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.

Reasonable Risk and the Exercise of Professional Functions as Circumstances Precluding the Criminality of an Act: Characteristics of Similarities and Differences, Features of Interaction

The article presents a comparative characteristic of the circumstance fixed in Article 41 of the Criminal Code of the Russian Federation, excluding the criminality of the act: “reasonable risk”, and the circumstance existing in the theory of criminal law, excluding the criminality of the act: “causing harm in the exercise of professional functions”. The specifics of their interaction in the conditions of military service are also considered. The conclusion is made about the close relationship of these circumstances, which can be characterized as intersecting Euler circles.

Remote Performance of a Labor Function by an Employee: Problems of Theory and Law Enforcement

Periodic bursts of deterioration of the sanitary and epidemiological situation in certain regions and in Russia as a whole make remote performance of a labor function by an employee relevant and in demand. The remote format of work increases economic profitability of the employer’s activities. Transition to remote work is not a formal change of the place of performance of the labor function, it involves a significant organizational and local regulatory restructuring.Mandatory and optional transfer to a remote form of work involves the inclusion of certain terms in the employment contract, as well as in additional agreements to the employment contract. The classical rules of interaction between an employee and an employer are not applicable for the remote exercise of the labor function. Prior to the conclusion of employment contracts with remote employees of the employer organization, it is recommended that local regulations be developed and published for all the employees to read them. It is important to note that the employee must acknowledge by signing that he has read each local regulatory act.The work of a remote employee means certain specifics of his interaction with the employer, including the use of electronic document circulation system and electronic digital signature.Traditional approaches to determining the working time and rest time of a remote worker are also inapplicable. Such an employee independently and under his own responsibility chooses the mode of work depending on the tasks periodically given by the employer. It is impossible to apply the classical grounds to terminate an employment contract concluded with a remote employee, since it seems necessary to take into account the specifics of the remote labor function.In the doctrine and law enforcement practice, there is no uniform approach to solving problems related to the remote exercise of a labor function, the interaction between a remote employee and an employer. Based on the analysis of current provisions of labor and information legislation, judicial and business practice, conclusions and recommendations are made in the article regarding the solution of problems related to the conclusion and termination of an employment contract with a remote employee, as well as regarding the documents supporting the contract.

The Role of Educational Leadership in Addressing Academic Problems Faced by the Students at Prince Sattam Bin Abdulaziz University

The objective of this research is to reveal the role of educational leadership in the face of academic problems faced by female students of the Faculty of Sciences and Humanities in Salil at Prince Sattam Bin Abdul Aziz University. The prescriptive curriculum was used to suit the subject of the study, and the study community is made up of all female students of the Faculty of Sciences and Humanities in El Salil at the University of Prince Sattam bin Abdul Aziz. A simple randomized controlled sample of female first-graders was selected, numbering 112 students. The researcher developed a special questionnaire to find out the problems facing students at the University of Prince Sattam bin Abdulaziz. The final form of the resolution consisted of (34) paragraphs, and the response was designed to identify on the basis of the Likert quinquennial scale. The results of the study reached a high level of management leadership exercise of educational leadership functions at the Faculty of Sciences and Humanitarian Studies in Salil at the University of Prince Sattam Bin Abdul Aziz from the perspective of the study sample individuals s School of Sciences and Humanitarian Studies with a descendant at the University of Prince Sattam Bin Abdulaziz from the perspective of the study sample, The presence of an average level of curriculum problems was one of the dimensions of academic problems facing female students of the Faculty of Sciences and Humanities in Salil at the University of Princ Sattam Bin Abdulaziz from the perspective of the study sample. In the light of the results of the study, the researcher recommended that work should be done to maintain the outstanding level of educational leadership at the Faculty of Sciences and Humanities in Salil at the University of Prince Sattam Bin Abdulaziz by providing programs and training courses for leaders and familiarizing them with the most important theories and recent developments in the field of leadership.