Issues In Dispute Research Articles

ADMINISTRATION OF ESTATES: RESOLUTION OF DISPUTES IN ACHIEVING SUSTAINABILITY AMONG THE DECEASED’S FAMILY

The UN Sustainable Development Goals (SDG) provides for seventeen universal objectives in which three of which are related to the administration of estate namely no poverty, zero hunger and gender equality. Issues on sustainability in estate administration are commonly associated with problems that occur during the management of the deceased’s estate. Issues such as disputes among family members and mismanagement of asset by the personal representative or senior family members often lead to delays in the estate administration. Over the years, inefficiency in the administration of the estate process has led to financial instability such as poverty and in an extreme situation, hunger of the deceased’s family members as their entitlement over the asset was jeopardised by the mismanagement and unfair distribution of the estate. This paper addresses the sustainability issues in estate administration where the focus of the discussion is the issues of disputes among the family members. This paper also suggests a resolution of the dispute by way of mediation process, which is capable of maintaining sustainability in estate administration. Employing a qualitative approach, the paper adopts a research method through a library-based study by examining materials including statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings and seminar papers. The research found that preserving a good relationship between the family members is one of the keys to ensure smoothness and consistency in estate administration, hence contributing to the sustainability of the deceased’s family members as well as adhering to the SDG.

Policyjne determinanty w profilowaniu wolnych zawodów

The possibility of taking up and practising liberal professions is generally dependent on the possession of professional qualifications, set out in law. The need to obtain certain qualifications often stems from the necessity to protect such goods as life, health and property. These might be referred to as ‘police goods’. They are existential for the functioning of the state, society and individuals, and are protected within the most important and most significant function of the state, which is the police. One of the areas of the police is the economic police, related to the protection of police goods against threats that may arise as a result of economic activity.Among the liberal professions there are those for which the requirements of obtaining certain qualifications result from the need to protect life and health. These are, in the first place, professions whose performance on the basis of appropriate qualifications guarantees a high level of protection of the life and health of the direct recipients of services provided by a person performing a liberal profession. This applies to the medical professions – doctors, dentists, nurses, midwifes, pharmacists and physiotherapists. Secondly, it is necessary to mention the professions the performance of which on the basis of appropriate qualifications guarantees a high level of protection of life and health of the undetermined group of persons. These professions include that of the architect and civil engineer.A disputable issue is whether professions whose representatives are to protect their clients against unfavourable or unlawful disposal of their own property can be considered liberal professions, where the requirement to obtain certain qualifications results from the need to protect police states and goods. These are legal professions, as well as the professions of investment advisor and property appraiser.

Disputable Issues of a Plea Agreement Conclusion

The paper considers debatable issues that arise in the course of procedure under Ch. 40.1 of the Criminal effectiveness of the investigation of crimes that are difficult to prove. The main attention is given to the problem of determining the moment from which it is possible to conclude a plea agreement. According to the author, if the provision of information about the possibility of concluding such an agreement does not depend on the status of the person at the current moment of the proceedings (suspected or accused), then the very conclusion of a plea agreement should be possible only after the preliminary investigation conducted under the general rules and without any exceptions in the evidentiary activity and after justified charges are brought. At the same time, the charges brought against the person in the event of a plea agreement must remain unchanged. The author answers the question whether the confession of guilt by the accused is a prerequisite for concluding a plea agreement, or whether it is only necessary to obtain his consent with the prosecution, as provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. It is concludes that since the confession of guilt by the accused is an integral part of the consent with the charges, both an confession of guilt and an agreement with the accusation should be mandatory conditions of a plea agreement. A plea agreement is a deal between the prosecution and the defense, which must be concluded strictly after the charges are brought. It is necessary to amend the current structure of the criminal procedure rules by excluding such a potential participant in the conclusion of a plea agreement as a suspect from Ch. 40.1 of the Criminal Procedure Code of the Russian Federation.

Tinjauan Yuridis Sengketa Tanah Akibat Perbuatan Melawan Hukum: Studi Kasus Putusan No.88/Pdt.G/2020/PN.Bks

One example of an unlawful act is illegally occupying land and buildings without the owner's permission, which gives rise to disputes. Land conflict (dispute) is an action aimed at obtaining legal protection provided by the court to prevent acts of self-judgment (eigenrichting). The development of land conflicts/disputes, both in quality and quantity, is always increasing, while the main factor in the emergence of land conflicts is the fixed area of ​​land, while the number of people who need land (humans) to meet their needs is always increasing. So, in land disputes, if the parties do not want to resolve the case peacefully, they can resolve it by submitting the case to the District Court. However, in practice, in a case the losing party does not want to accept the court's decision and then files an appeal, cassation and judicial review. In this research, the author uses a normative research method, namely research by analyzing applicable legal norms, both in the form of laws and court decisions. Research data was obtained from library materials and primary legal documentation, namely Law no. 5 of 1960 concerning the Basic Agrarian Law, Government Regulation no. 24 of 1997 concerning Land Registration, secondary and tertiary legal materials. The results of this research show that land disputes in Indonesia are resolved in the usual way through the General Court and State Administrative Court with incomplete and suboptimal results. This is caused by overlapping decisions that have been determined by each judicial body, the difficulty of executing decisions of judicial bodies that have permanent legal force and the lack of clarity regarding which laws and regulations are competent to resolve land cases in Indonesia. There are six roots of land conflict in particular, namely first, the issue of disputes over court decisions. Second, the issue of land rights applications related to forest area claims. Third, the issue of boundary disputes and land registration as well as overlapping certificates on the same land. Fourth, the problem of reclaiming and reoccupying land that has been released by housing developers due to manipulated compensation. Fifth, land issues regarding ulayat or customary land claims. Sixth, problems related to plantation land.

Współczesny obraz pogranicza polsko-białorusko-litewskiego. Spojrzenie od wewnątrz

The purpose of this publication is to evaluate Anna Żebrowska’s book ‘Komarovshchyzna. The Belarusian-Polish-Lithuanian Borderland’ (Poznan: UAM Press, 2019) on the background of other studies of Belarusian dialects in the Myadzel district (north-western Belarus). The monograph fills a gap in the existing dialectological research, revealing in detail the phonetic, morphological, syntactic and lexical peculiarities of the local Belarusian dialect. The research, based on the anthropological method, also contains a rich selection of dialect texts. The review stresses out the advantages of the book, as well as draws attention to certain disputable issues.

PENYELESAIAN SENGKETA ANGKUTAN LAUT BAGI PELAKU BISNIS.

This article discusses the resolution of disputes experienced by sea freight service users if they experience problems when sending their business goods. This article uses a research method in the form of a literature study by collecting related articles on dispute resolution regarding sea transportation. from the existing conclusions, it can be concluded that the conclusion step taken by a businessman in resolving sea transportation disputes with sea transportation service providers is to use non-litigation channels, but if it is felt that the solution offered is not enough, a businessman can use litigation by bringing the dispute issue to the party. authorized, a businessman must also take into account the use of insurance to secure goods to be shipped using sea freight services.

Imam Al-Babarti's Choices In Issues Of Dispute In The Chapter Of "Hadath" Impurity In His Book (Al-Inayah Sharh Al-Hidaya)

Imam Al-Babarti, may God have mercy on him, is one of the famous Hanafi scholars among his peers. He was distinguished by his knowledge, broad understanding and soundness of mind, and this became clear through the study of his book (Al-Inayah Sharh Al-Hidaya), in which he mentioned his opinion on jurisprudential issues, as well as his preferences and choices, which he deviated from the doctrine, as this research aims to study these choices coupled with the sayings of the four schools of thought, by comparing the choices of the imam with the opinions of the imams, with what seems to me to be more likely in them, as it seems to me in (the event section).

λ-Carrageenan promotes plant growth in banana via enhancement of cellular metabolism, nutrient uptake, and cellular homeostasis

Banana (Musa acuminata) is an important fruit crop and source of income for various countries, including Malaysia. To date, current agrochemical practice has become a disputable issue due to its detrimental effect on the environment. λ-carrageenan, a natural polysaccharide extracted from edible red seaweed, has been claimed to be a potential plant growth stimulator. Hence, the present study investigates the effects of λ-carrageenan on plant growth using Musa acuminata cv. Berangan (AAA). Vegetative growth such as plant height, root length, pseudostem diameter, and fresh weight was improved significantly in λ-carrageenan-treated banana plants at an optimum concentration of 750 ppm. Enhancement of root structure was also observed in optimum λ-carrageenan treatment, facilitating nutrients uptake in banana plants. Further biochemical assays and gene expression analysis revealed that the increment in growth performance was consistent with the increase of chlorophyll content, protein content, and phenolic content, suggesting that λ-carrageenan increases photosynthesis rate, protein biosynthesis, and secondary metabolites biosynthesis which eventually stimulate growth. Besides, λ-carrageenan at optimum concentration also increased catalase and peroxidase activities, which led to a significant reduction in hydrogen peroxide and malondialdehyde, maintaining cellular homeostasis in banana plants. Altogether, λ-carrageenan at optimum concentration improves the growth of banana plants via inducing metabolic processes, enhancing nutrient uptake, and regulation of cell homeostasis. Further investigations are needed to evaluate the effectiveness of λ-carrageenan on banana plants under field conditions.

TERRITORIAL ISSUES IN RELATIONS OF THE RUSSIAN FEDERATION WITH THE STATES OF THE BALTIC REGION AT THE PRESENT STAGE

The issues of territorial disputes between the Russian Federation (RF) and the states of the Baltic region (Finland, Estonia, Latvia, Lithuania, Poland) that preceded the signing of interstate treaties on borders after the collapse of the USSR are reviewed. The historical, political, ethnic and economic factors of solving these issues and the formation of borders between the Russian Federation and the states of the Baltic region, starting from 1920, during the Second World War, in the first postwar years and until now, are analyzed. Special focus is made on the status of the Kaliningrad region of the Russian Federation (former East Prussia) in the context of the national interest of Poland and Lithuania (Lithuania Minor). It is claimed that there are currently no territorial problems in the relations of the Baltic states with the Russian Federation in the political and legal sense. However, the very aggressive policy of the Kremlin, especially as a result of the armed intervention against Ukraine, is able to activate them and cause a revision of the borders in the event of a possible expansion of the conflict into this region and the participation of NATO in it.

Rethinking the security issue in the China-Burma territorial dispute

ABSTRACT This article challenges the dominant friendship-oriented scholarship on the China-Burma border in China and revisits the nature of China’s compromise with Burma in the territorial disputes between 1956 and 1960. Multi-archival and multi-lingual primary sources including official archives and memoirs from Burma, China, the United States and the United Kingdom, are extensively used. In particular, Chinese local archives are used for the first time to demonstrate a new picture of the CCP’s decision-making process in formulating policies of territorial compromise with Burma. Beijing was willing to offer concessions to Burma in the border dispute to improve its own national security because of the security vacuum in the China-Burma border region, Burma’s commitments to China, and the area’s critical geopolitical value.

Legal conclusions of the supreme court in religious context cases: determination of jurisdiction

The religion-related disputes are one of the most diffi cult, as they concern a rather delicate issue of a person’s exercise of freedom of conscience. This category of disputes was not very common in the national courts and the lack of judicial experience in resolving disputes with a religious component has led to contradictory case law. Given the above and taking into account the main task of the Supreme Court aimed at ensuring the unity and sustainability of the judicial practice, the analysis of the rulings of the Supreme Court gets signifi cant importance. It can be stated that these disputes are of inter-jurisdictional nature and can be considered by both civil and commercial, and administrative courts, depending on the subject of the claim. The Supreme Court also makes a clear distinction between the disputes with a legal element and the disputes that do not have a legal element and should be resolved out of courts. Disputes with a religious component do not belong to only one category of cases and for this reason they can be characterized as intercategorial. The point is that the subjective criterion cannot be applied to the study of these categories, as disputes with a religious component can arise in the areas of labor, protection of property rights, land, real estate, registration procedures and so on. Both sings prove the complexity and individuality of each dispute as well as diffi culty of resolving such disputes by the courts of all instances. The Article substantiates the proposal on the need for the National School of Judges of Ukraine to develop the special courses for judges that would improve and deepen knowledge in the context and issues of religion-related disputes. The author also emphasizes the value of the national experience in resolving such disputes, as it can be useful for the countries that have the similar religious situation or have almost reached it. Key words: religion-related disputes, disputes with a religious component, jurisdiction, labor disputes, housing disputes.

Intellectual Property as a Part of State Biosafety in Healthcare: disputable issues and identification of key areas of research in wartime

Keywords: intellectual property, biosafety, biosecurity, healthcare, biotechnology, medicines,TRIPS flexibilities, TRIPS security exceptions
 The Decree of the President of Ukraine of December 17, 2021 approved theStrategy of Biosafety and Biological Protection (hereinafter — the Biosafety Strategy),which radically changed the approach to defining the concept of biosafety of the state.Prior to the adoption of the Biosafety Strategy, which was developed in response to thechallenges of the COVID-19 pandemic, biosafety has been considered only as a componentof environmental protection with a focus on limiting the use of genetically modifiedorganisms. Instead, the pandemic of COVID-19 and the war posed new challenges to society,including the necessity to identify and to determine the content of legal institutionsthat can ensure the biosafety of the state in the field of healthcare.Even in the pre-war period, the necessity of relevant scientific research was approvedat the level of the National Academy of Legal Sciences of Ukraine with the determiningof the scientific field “Intellectual Property as a component of biosafety of statesin the field of health care”. The study had been started in January 2022 on thebasis of the Department of Intellectual Property and Human Rights in the Field ofHealthcare of the Intellectual Property Scientific Research of National Academy ofLegal Sciences of Ukraine (hereinafter — the Institute). The leaders of the scientificresearch are the Director of the Institute Dr Oleksandr Doroshenko and the Head ofthe department Dr Oksana Kashyntseva.However, the beginning of the active phase of the war on February 24, 2022 set newchallenges, adding to the challenges of the pandemic the challenges of war. Today, expertsof the Institute are part of the working group to develop a Recovering Plan ofUkraine's from the effects of the war for 2022–2032 particularly in Healthcare System.At the State level, the Intellectual Property possess the proper effective instrument toensure the biosafety.

Asociación del polimorfismo rs5186 del gen AGTR1 con disminución de la TFGe en pacientes con diabetes tipo 2 de la Ciudad de México

BackgroundEarly biomarkers search for Diabetic Kidney Disease (DKD) in patients with Type 2 Diabetes Mellitus (T2DM), as genetic markers to identify vulnerable carriers of the disease even before Glomerular Filtration Rate (GFR) decline or microalbuminuria development, has been relevant during the last few years.The rs5186 (A116C) polymorphism of the Angiotensin II Receptor Type I gene (AGTR1), has been associated to multiple effects of renal injury risk, commonly detected in patients with Diabetes Mellitus (DM). It has been described that rs5186 could have an effect in stability proteins that assemble Angiotensin II Receptor Type I (AT1), modifying its action, which is why it should be considered as a risk factor for Chronic Kidney Disease (CKD), characterized by a GFR progressive reduction. Even though, the association between rs5186 AGTR1 gene polymorphism and DKD in patients with T2DM has been controversial, inconclusive, and even absent. This disputable issue might be as a result of association studies in which many and varied clinical phenotypes included are contemplated as CKD inductors and enhancers. Although, the sample sizes studied in patients with T2DM are undersized and did not have a strict inclusion criteria, lacking of biochemical markers or KDOQI classification, which have hindered its examination. ObjectiveThe aim of our study was to establish an association between rs5186 AGTR1 gene polymorphism and GFR depletion, assessed as a risk factor to DKD development in patients with T2DM. MethodsWe analyzed 297 not related patients with T2DM, divided into 221 controls (KDOQI 1) and 76 cases (KDOQI 2). Arterial pressure, anthropometric and biochemical parameters were measured. rs5186 of AGTR1 genotyping was performed by TaqMan assay real-time PCR method. Allele and genotype frequencies, and Hardy-Weinberg equilibrium were measured. Normality test for data distribution was analyzed by Shapiro-Wilk test, variable comparison by Student's t-test for continuous variables, and Chi-squared test for categorical variables; ANOVA test was used for mean comparison of more than two groups. Effect of rs5186 to DKD was estimated by multiple heritability adjustment models for risk variables of DKD. Statistical significance was indicated by p<0.05. Data was analyzed using Statistical Package STATA v11 software. ResultsDominant and Over-dominant models showed a likelihood ratio to GFR depletion of 1.89 (1.05-3.39, p = 0.031) and 2.01 (1.08-3.73, p = 0.023) in patients with T2DM. Risk factor increased to 2.54 (1.10-5.89) in women in Over-dominant model. ConclusiónIn clinical practice, most of nephropathies progress at a slow pace into a total breakdown of renal function, even asymptomatic. This is the first study, reporting that rs5186 polymorphism of AGTR1 gene contribution to GFR depletion, and this could be evaluated as a predisposing factor for DKD in patients with T2DM.

Armenian-Azerbaijani Territorial Conflict And The Karabakh Issue In The Context Of The Activities Of The Military-And-Political Representation Of Great Britain In The Republic Of Armenia And Transcaucasia In 1918-1920

In 1918-1920s the steps of the military policy of Azerbaijan were directed toward the frustration of the Armenian State system. With this intention, Andranik’s and Dro’s forces were taken out with the help of British generals Thomson and Shuttleworth. This allowed Azerbaijan to make the Armenian council in Karabakh temporarily obey the Azerbaijani Government on August 22, 1912, till the solution of this disputable issue by the French conference of allied nations, which was one of the steps of the Azerbaijani government planned beforehand. In reality, as a result of further important military changes in the Republic of Armenia and the mutually beneficial agreement between Russia and Kemal Atatürk, as well as taking into consideration the evident connivance of allied powers, during 1920- 1923 Azerbaijan managed to capture not only Nakhichevan, but Karabakh and other Armenian lands as well, the struggle for which restarted in 1988-1990.

THE CERTAIN ISSUES OF APPLICATION OF SUBSTANTIVE AND PROCEDURAL LAW IN RESOLVING RELIGION-RELATED DISPUTES: CASE LAW OF THE SUPREME COURT

The religion-related disputes are one of the most difficult, as they relate a rather delicate issue of a person’s exercise of freedom of conscience. This category of disputes has not been very common in national courts, the lack of experience of judges in resolving disputes with a religious component has led to contradictory jurisprudence. Given the above and taking into account the main task of the Supreme Court aimed at ensuring the unity and sustainability of the judicial practice, the analysis of the rulings of the Supreme Court gets significant importance. It can be stated that these disputes are of interjurisdictional nature and may be the subject consideration by both civil and commercial, and administrative courts, depending on the subject matter of the claim. The Supreme Court also makes a clear distinction between the legal disputes and the disputes that do not have a legal element andand must be handled in an extrajudicial manner. . Disputes with a religious component are not limited to a single category of cases, wich in turn, givesreasons find that such disputes have such a feature as inter-categoriality. The point is that the subjective criterion cannot be applied to the study of these categories, as disputes with a religious component can arise in the areas of labor, protection of property rights, land, real estate, registration procedures, etc. The Article substantiates the proposal on the need for the National School of Judges of Ukraine to develop the special courses for judges that would improve and deepen knowledge in the context and issues of religion-related disputes. The author also notes the value of the national experience in resolving such disputes, as it can be useful for the countries that have the similar religious situation or have almost reached it. Key words: religion-related disputes, disputes with a religious component, jurisdiction, labor disputes, housing disputes.

The Debate on Avant-Garde and Modernism—With Russian Futurism and Symbolism as an Example

Abstract The relation between avant-garde and modernism has always been an issue in dispute, partly because the hypothetical nature of the terms makes them hard to cover the all-encompassing artistic reality, and partly because discussion of their relation is always in a macroscopic perspective, which makes it difficult to produce detailed and concrete research results. This paper compares Russian futurism and symbolism to analyze the similarities and differences between avant-garde and modernism in terms of their ontological, artistic, and linguistic views in creation. It has, to some extent, obtained a relatively clear answer to the relation between avant-garde and modernism.

A comparative analysis and choice of surgical tactics in pediatric Crohn’s disease

Introduction. Currently, surgical complications in Crohn’s disease is still one of the most serious problems in pediatric surgery. An intensive development of video endoscopic surgery contributes to the active introduction of this technology in pediatric coloproctological practice. Crohn’s disease is still one of the most complex pathologies in pediatric gastroenterology, and surgical treatment of its complications is a disputable issue among pediatric surgeons. Up to now, there are no clear indications to surgery in the refractory form of Crohn’s disease, no standardized terms and types for surgical intervention, as well as no optimal variants of surgical access.Material and methods. A retrospective analysis of patients who had been treated surgically at departments of abdominal and emergency surgery in two pediatric hospitals in Moscow (Morozovskaya and Izmailovskaya ) was carried out. 39 children with Crohn’s disease, aged 4–17 year, were included in the study. All patients had standard clinical examination: clinical examination with anamnesis, laboratory and instrumental diagnostics.Results. The obtained results have shown that laparoscopic interventions have a number of advantages, such as less traumatic surgery, reduced exposure to anesthesia and shorter intestinal stimulation, less stay in ICU, shorter hospitalization as well as more rapid rehabilitation period.Conclusion. The performed assessment of outcomes after surgical treatment of children with complicated Crohn’s disease helped to develop indications for the selection of surgical technique in the ileocecal form. Thus, the obtained results improved outcomes in children with complicated Crohn’s disease because of the outlined indications for surgery and surgical tactics when minimally invasive techniques are more preferable.

The Effect of Three-Year Swim Training on Cardio-Respiratory Fitness and Selected Somatic Features of Prepubertal Boys.

The data regarding somatic and physiological effects of sport-related physical activities in youth are limited. Moreover, whether exercise training is capable of increasing cardio-respiratory fitness remains a disputable issue. The study undertook to assess the effect of swimming training on cardio-respiratory fitness (CRF) and the development of physical traits in prepubertal boys, and to determine which of the traits is the best predictor of their CRF. Forty 10-year old prepubertal boys (10.5 ± 0.3 y) were divided into two groups (swimmers (SG), n = 20, and controls (CG), n = 20), which underwent anthropometric measurements and performed a 20 m shuttle run test (20 mSRT) semi-annually over a 3-year period. CRF indices (the number of 20 mSRT shuttles, maximal speed, and VO2max) were higher overall in the SG compared with the CG (p < 0.001). The values of the main physique variables increased faster in the CG, but the groups showed no differentiation of physical traits. In both groups, CRF indices were associated with the participants’ physical traits, the most strongly with the sum of four skinfold thicknesses in the SG and knee breadth in the CG. These results suggest that swimming training is a form of additional physical activity that improves prepubertal boys’ CRF but does not significantly affect their physical development. In using the 20 mSRT to assess the CRF of prepubertal boys, their physical activity level and age-related changes in body fatness need to be considered.

Modern Trends in Human Science (Based on the Materials of the XIX International Scientific Conference "Onomastics of the Volga Region")

The article describes the range of onomastic research identified at the XIX International Scientific Conference "Onomastics of the Volga Region". The conference took place on November 11–12, 2021 on the premises of Orenburg State Pedagogical University in a full-time-distance format. At the plenary session and in workshops there were discussed the reports considering theoretical and methodological aspects of onomastics, modern problems of toponyms and anthroponyms, the study of urban toponymic space, literary and folklore onomastics, as well as the onomastic periphery and the appellative-onomastic borderline. For the first time within the framework of a separate workshop, the issues of the effectiveness of the use of onomastic material in the educational environment were discussed. As a result of the conference, the crucial issues facing modern onomastics, the main directions of the development of onomastic research, disputable issues that reveal a variety of approaches to their solution were identified.

FRAND licensing commitments – Back to first principles

The UK Supreme Court’s judgment in Unwired Planet v Huawei addressed several issues relating to promises to license SEPs on FRAND terms under the ETSI IPR Policy – an English court’s jurisdiction to set worldwide terms for a FRAND license; English courts as a convenient forum; the scope of the non-discrimination obligation; the negotiation process to be followed to be seen as a “willing” licensee or licensor; and the proportionality of a FRAND injunction. The UKSC prefaces its findings on the five issues in dispute with an overview of the goals of the ETSI’s IPR Policy and the realities and commercial practice of SEP licensing. This paper critically reviews that overview and the conclusions drawn from that, in the light of first principles derived from competition law (especially essential facility principles) that underpin the ETSI IPR Policy and should govern interpretation under contract law, and which the UKSC should have analysed. In this light, it discusses the issuance of injunctions, the definition of willing licensor and licensee (including licensing level), the need for an effective proportionality assessment as a fallback, damage awards or rate setting as an alternative to injunctions, the setting of worldwide rates by national courts, and the FR and ND components of FRAND.