Legal Circumstances Research Articles

Legal mechanisms for imposition of administrative responsibility for violation of license and permit conditions

License and permit conditions violation leads to legal responsibility, expressed in different sanctions. The extent of liability depends on the country's legislation and the type of breached conditions. Adherence to the terms of the license and permit ensures the legality of the licensed activity, and legal problems will be avoided if there is no violation. Violation of license and permit conditions means non-fulfillment of the requirements and obligations imposed on the license or permit holder. Licensing conditions are established when a license or permit is issued and include various criteria and rules to be followed when performing licensed activities. Violation of license/permit conditions is subject to administrative or other liability, including a warning, fine, revocation, or suspension of license or permit. The extent of liability depends on the nature of the violation, the legal circumstances, and the requirements of specific legislation. The article will discuss cases of violation of license/permit conditions, legal bases, and mechanisms of imposing administrative responsibility.

Bosnia and Herzegovina – From Peace Implementation to Crisis Creation, Legal and Political Problems, Processes and Perspectives

In this paper, the author deals not only and primarily with legal issues, but also with political problems, processes, and perspectives that characterise Bosnia and Herzegovina. One can notice a number of conflicting opinions regarding the understanding and interpretation of the legal nature, international law status, division of jurisdiction, state organisation, and the position of the federal units (hereinafter: Entities) in Bosnia and Herzegovina. Additionally, there are also opposing concepts regarding the methods of institutional responsibilities (jurisdictions), the scope of reforms, and the future of Bosnia and Herzegovina in general. It must not be forgotten that the creation of this internationally-recognised state took place in turbulent social, political, and legal circumstances with the conclusion of the Dayton Peace Agreement. This analysis primarily includes the framework established by this agreement, with special emphasis on its Annex 4 (the Constitution of Bosnia and Herzegovina). In this sense, the author examines how the process of peace implementation later turned into a crisis generator that is extant. Also, this issue is analysed with certain indications from the author that could be useful to overcome these impediments, but also to create a positive joint perspective.

Revisiting Veto Power in the Context of Atrocity Crimes: the Syrian Conflict as a Case Study

The excessive, abusive use of veto power during the war in Syria has prompted the international community to seek ways to overcome this veto power, mainly when doing so is necessary to prevent atrocities. The use of veto power to advance the national or regional interests as well as the economic, political, or strategic interests of a Security Council’s permanent member state on a way that impair a vital humanitarian interest of a state under conflict or the international community as a whole, undermines the Security Council’s role to maintain the international peace and security. This usage may also affect other states’ compliance with the veto power. In other words, the veto system could eventually lose its effectiveness if the international community continues to find justifications to non-compliance with the veto. This paper sheds light on events that have occurred during the Syrian war that give rise to Grotian Moments, or have the potential to do so, to create new customary international law rules governing the use of the veto power. Furthermore, this paper sorts out the principles invoked during those events as legal justifications to restrict or overthrow the veto power. Moreover, this paper identifies legal circumstances to facilitate any discussions regarding setting limitations on or obstructions to veto power in the context of atrocities. This research stresses the importance of determining a proper environment to overcome the veto power. This environment consists of unified, clear, and fair circumstances acceptable to all states, regardless of whether they are permanent or non-permanent members of the Security Council. Therefore, this proposal seeks to advance the legal system governing the use of the veto power for fighting brutality. Keywords: International criminal law, human rights law, universal jurisdiction, veto, customary international law, international organizations.

Digital reconstructions of home-making during shuttle refuge: Ukrainian refugees’ experiences in Germany

This article addresses how transient international refugees create new digital reconstructions of home-making when physically and mentally shuttling between two or more places of residence. Worldwide crises force millions of international refugees to adapt to new ways of constant remigration between their temporary places of residence and their home country. Instead of settling in a new place of residence, many international refugees often have difficulties feeling at home where they do not want to be. This article focuses on current refugees from Ukraine in Europe who shuttle between their homeland and their host country. The actual process of the refugees’ constant balancing between physically and mentally leaving and arriving at their home and host countries is coined ‘shuttle refuge’ in this article. It emphasizes the loss of a permanent home during refuge and portrays the necessity of digital reconstructions of home-making with friends and family via communication media due to the unavailability of a constant physical home. After addressing the legal circumstances that currently contribute to the ongoing state of temporariness, this article illustrates practices and effects of the shuttle refugee through a group interview with six recent Ukrainian refugees in Germany at the beginning of the year 2023 to shed light on the interviewees’ adaption to a new cultural environment and their efforts in digital home-making practices with their families and friends.

Reforming the Rules on the Division of Joint Property: A Progressive Legal Approach

According to Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 96 and 97 on the division of joint property, each person in a marriage that dissolves due to divorce or death is entitled to half of the property that is joint property. However, the legal circumstances presented in Payakumbuh Religious Court's Decision No. 657/Pdt.G/2022/PA Pyk did not follow the KHI and gave the plaintiff (the husband) a portion of ¼ and the defendant (the wife) a share of ¾ of the joint property. Therefore, the goal of the analysis presented in this article is to respond to the judge's ratio decidendi when it comes to joint property that are unrelated to the KHI. Then, a more thorough explanation of progressive law as a method of legal change in the realm of community property is provided. The research approach employed in this paper is the normative legal method. The investigation's findings demonstrate that the judge's reasoning is predicated on the idea that the wife's inherited assets, rather than the husband's income from their marriage, constitute the joint property at issue in the proceedings. In terms of income, living expenses, or child-education expenses, the plaintiff was unable to demonstrate how much he contributed to the defendant's household during their time together. The plaintiff could not provide sufficient evidence to support his claim that he could afford to buy the property, house, and four-wheeled vehicle that are at issue. According to the judge's ruling, progressive law satisfies societal legal requirements. The judge's ruling about the contribution of joint assets served as a legal justification for not dividing joint assets in half, based on the facts of the case

Wybrane aspekty opieki nad osobami transpłciowymi i zróżnicowanymi pod względem płci

Due to changing social and legal circumstances, increasingly more people choose to disclose their transgender and gender diverse status. Caring for this group of patients is a major challenge for medical facilities. The aim of this paper is to present general principles of care for transgender and gender diverse individuals. The paper is based on the analysis of available studies. The literaturę analysis confirms that the issue of transgender and gender diverse patients is addressed by many authors. Given the prevalence of reporting transgender identity and the resulting health problems/ needs, it becomes necessary to provide holistic care and educate medical personnel in this area.

Analysis of the impact of legal circumstances on schizophrenia and bipolar disorder hospitalizations in Portugal: a nationwide study

ABSTRACT The main goal of this project was to evaluate the clinical and sociodemographic characteristics of patients hospitalized with schizophrenia or bipolar disorder and the register of legal circumstances. A descriptive study was conducted using a nationwide hospitalization administrative database that contains all admissions registered in public hospitals across mainland Portugal. All discharges between 2008 and 2015 with a primary diagnosis of schizophrenia or bipolar disorder were selected. Legal problems (LP) at the moment of hospitalization were identified based on the presence of a secondary diagnosis of the ICD-9-CM code V62.5 ‘Legal circumstances: Imprisonment; Legal investigation; Litigation; or Prosecution’. A total of 25,835 and 20,807 hospitalizations with a primary diagnosis of schizophrenia and bipolar disorder were analysed, respectively. Approximately 11.8% (n = 3,005) of schizophrenia hospitalizations and 6.0% (n = 1250) of bipolar disorder hospitalizations were associated with registered legal circumstances. Legal circumstances were associated with younger patients, male sex, and a longer length of stay. One in four episodes linked to LP was associated with drug abuse and/or dependence.

The influence of good faith on the right to receive maintenance from a spouse or former spouse

With the registration of the marriage certificate, the spouses are mutually and jointly obligated to provide each other with material maintenance and moral support, both during the marriage and after its dissolution. When establishing the payment of alimony from the spouses, both the period of cohabitation of the spouses that gives the right to maintenance and after the dissolution of the marriage will be taken into consideration. The role of the court is essential, manifested through the meticulous examination of all the factual and legal circumstances that influence good faith in the right to receive maintenance from a spouse or former spouse. When determining the right that gives rise to the maintenance obligation, the court will assess the evidence submitted in the case, taking into account the principle of good faith or its absence. The court may dismiss the application if it considers that the spouse requesting the maintenance obligation has acted contrary to good faith.

Hiring Preference and Operational Complexity for Tribal Enterprises

Native American-owned enterprises commonly use preference hiring to promote tribal self-sufficiency and include a population historically excluded from the workforce. Based on interviews with tribal casino executives, we describe how this socially important practice creates operational challenges and how some casinos have addressed these. First, we show that Native American population density and customer satisfaction at tribal casinos are negatively correlated. While managers acknowledge the possibility of some bias against Native Americans, they emphasize the importance of training for tribal enterprises to succeed in their use of preference hiring. We then explore how tribal preference affects workforce recruitment and retention. Finally, we present challenges faced by these organizations in day-to-day capacity planning. Enabled by the unique legal circumstances and ownership structure of tribal enterprises, Native American preference hiring represents an extraordinary commitment to including disadvantaged workers and offers lessons for other organizations seeking to promote diversity and inclusion.

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law

This article analyzes the inheritance rights of extramarital children under the post-Constitutional Court decision of Balinese customary law. Any child born of unmarried parents or out of adultery is stigmatized as an extramarital child (walad al zina) for his entire life and forbidden from inheriting an estate from his biological father. This legal issue is chosen as the main subject of this study is because of the legal circumstance in which the Balinese community does not grant status to extramarital children in matters of inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada and the Traditional Village Council have never upheld the Constitutional Court’s ruling that states that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court’s decision by issuing a fatwa of the Indonesian Ulema Council (MUI). The fatwa imposes an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (the Balinese call it begin at children) have no status as heirs in the Purusa line but have inheritance rights from their mother and their mother’s family.

К вопросу об особенностях и проблемах использования искусственного интеллекта: Сhat GPT в юридической деятельности

The subject of research in this article is the features and patterns of legal activity in comparison with the features and patterns of functioning of artificial intelligence systems, including systems based on Chat GPT technology. The purpose of the study is to analyze the features and patterns of legal activity, the features and patterns of functioning of artificial intelligence systems, including systems based on the Chat GPT technology, compare these patterns, and based on the comparison of these patterns, draw a conclusion about the degree applicability of artificial intelligence technologies for solving a particular class of legal problems. Research methods include the social experiment method, when Chat GPT was asked certain questions of a legal nature, answers to them were received and analyzed. Also during the study, general scientific research methods were used, such as analysis, synthesis, deduction, abstraction, generalization. These research methods were used to reveal the features and patterns of legal activity, the features and patterns of the functioning of artificial intelligence systems, as well as to draw conclusions about the degree of applicability of artificial intelligence technologies for solving a particular class of problems in jurisprudence.
 During the study, it was found that artificial intelligence technologies based on Chat GPT in some cases are not very suitable for solving problems related to the application of legal norms to specific situations, due to the specific “thinking” of artificial intelligence systems, which in some cases does not allow one to distinguish so-called legal circumstances that are significant in a given situation, from legal circumstances that are not significant in a given situation, the inability in some cases to correctly qualify the legal relations of the parties and make the correct legal decision with reference to current legislation. The study also analyzed the capabilities of artificial intelligence based on Chat GPT technologies for solving problems in the field of lawmaking, application and interpretation of legal norms. It is concluded that in these areas, artificial intelligence technologies, including those based on Chat GPT, have a certain potential, provided that the associative connection built by artificial intelligence between the elements of legal reality contained in the texts corresponds to the ontological connection between the objects of legal reality.

Out of the shadows: Illuminating the distinctiveness and exceptional use of interim constitutions

Abstract Around the world, interim (temporary) constitutions are enacted as bridges to peace and democracy, expected to deliver fragile societies from conflict and authoritarian rule. Despite their growing use in recent years, their legal examination has to date largely been relegated to liminal spaces in existing bodies of scholarship, which variously conceive of them as constitutions, peace agreements, hybrid constitution-peace agreements, and procedural options in constitution- and peace-building efforts. Are these four understandings accurate and, if not, what do they miss? This article highlights all (proto-)interim constitutions enacted since 1789—more than 150 of them—as well as the historic events that prompted their enactment. It is argued that interim constitutions possess a combination of features that render them legally distinct from other constitutional instruments, as well as peace agreements. It is further demonstrated that interim constitutions are consistently enacted in the context of exceptional factual and legal circumstances, thereby disrupting ten assumptions in the state of the art regarding their purposes and optional use. It is concluded that understanding the legal distinctiveness and exceptional use of interim constitutions is essential for understanding what they are, why they are enacted, and whether they perform “successfully.”

Zadania gminy w zakresie ochrony zabytków ze szczególnym uwzględnieniem zabytków rezydencjonalnych

The article delineates the municipality’s role as the custodian of historical monuments, elucidating the factual and legal circumstances and the genesis of this extraordinary relationship. It outlines the goals and tasks faced by municipalities in relation to the conservation, restoration, and revitalization of residential historic structures under their purview. The article further scrutinizes the situations that led municipalities to assume ownership of historical monuments, often acquiring them from the State Treasury, primarily during the process of political transformation. It delves into intricate interconnections, examining the nexus between the interest in heritage preservation, the financial capacities of public and private entities, and the mission of local governments in the protection and upkeep of these objects. Given their imposing volume and frequently dire state of preservation, revitalizing residential historical monuments requires substantial financial investments. Additionally, there is the challenge of determining a rational and socially appealing way to utilize renovated monuments. The text accords particular attention to the professionalization and developmental stages of tools and instruments in the possession of these local government units. These entities employ such tools to effectively secure external funding for ambitious revitalization and conservation projects involving dilapidated castles and palaces. This approach unquestionably serves as an alternative to the simplest solution, namely the privatization of these objects—a course of action that does not always lead to the achievement of intended goals and, quite often, results in further degradation of the structures. After more than thirty years of political transformation, many residential monuments are gradually regaining their former glory, and performing new, predominantly socially beneficial public functions.

Brokerage Agreement as Contractus Uberrimae Fidei

Obligation relationship results from a particular legal circumstance. In current Polish legislation, the legislator provides neither for a systematized catalogue of sources of obligations, nor for a compiled version thereof. An obligation can result not only from a legal basis, but also from case law or administrative decisions. Under substantive civil law, obligations can be divided into unjust enrichments, unlawful acts and acts in law. In addition, acts in law can take form of unilateral acts or form of agreements which are discussed in this article. Brokerage agreement, which is an innominate contract not specified by the Polish legislator, also constitutes a contractual obligation. This type of agreement is subject of constant evolution in the insurance law doctrine, by becoming a kind of obligation which takes shape and assumes its unique features, distinguishing it from other agreements. The author makes an attempt to define the essential aspects of a contract concluded between subjects seeking insurance protection and professional insurance intermediaries, and to determine whether this agreement requires the standard of the utmost good faith. Having applied dogmatic and empirical legal methods, he considers the legitimacy of demands for treating this obligation as a nominate agreement.

Unheard voices: a cross-sectional study on the perception of Sri Lankan female factory workers towards the Abortion Law

Introduction: Induced abortion is restricted in Sri Lanka and is only permitted to save the life of the mother. However, many women undergo abortion through unsafe ways, putting themselves at risk of complications and incomplete abortion. Among the most vulnerable to unintended pregnancies and induced abortions are female factory workers (FFWs).Objectives: To explore the knowledge and perception of FFWs towards Sri Lanka’s abortion lawsMethods: A structured questionnaire was administered by a team of trained interviewers among randomly selected 608 FFWs of reproductive age using a multi-stage cluster sampling approach after receiving written informed consent.Results: The study revealed that the FFWs had limited knowledge and conservative attitudes towards the abortion law. Surprisingly, a small proportion (10.9%) of the respondents were aware of the legal circumstances under which abortions are permitted. Majority of the respondents (64.8%) did not have comprehensive knowledge and they believed that providing treatment to a woman who had complications due to unsafe abortion is a violation of the law. Around half of the respondents supported legalizing abortion in cases of rape (49.6%), incest (45.6%) and lethal foetal abnormalities (75.2%). However, only a small proportion of the respondents urged in favour of legalizing induced abortion for other reasons such as contraceptive failure (13.7%) and economic hardship (9.1%). Furthermore, a mere 5.3% of the respondents agreed to legalize abortion on request.Conclusions & Recommendations: FFWs possess limited awareness and conservative attitudes towards the abortion law. More focused information, communication and education interventions are needed to handle the issue.

Intimate Partner Violence, Child Custody, and Financial Issues Among Female Suicide Decedents With Known Intimate Partner Problems: National Violent Death Reporting System, 2018.

Hardships such as custody issues and financial stress may increase suicide risk for individuals experiencing intimate partner problems, particularly intimate partner violence (IPV). The objective of this study was to examine associations among custody issues, financial strain, and IPV among female suicide decedents with known intimate partner problems using data from the National Violent Death Reporting System (NVDRS). NVDRS data from 2018, which comes from 41 U.S. states, was used to examine the nature and frequency of custody and financial strain and IPV among a sample of 1,567 female suicide decedents with known intimate partner problems (e.g., divorce, breakup, argument). Case narratives were used to extract detailed information about these situations. IPV was documented in 22.14% of cases. Compared with those without documented IPV, cases with documented IPV were more likely to include custody issues (3.44% vs. 6.34%). Controlling for demographic characteristics and mental health, documented child custody issues were associated with greater odds of IPV (odds ratio=1.80; 95% confidence interval=1.03-3.16). Financial strain was not statistically significantly associated with child custody issues or IPV among this sample. Child custody issues can contribute to suicide among women with known intimate partner problems and is positively associated with IPV. Suicide prevention and intervention efforts should recognize child custody issues as a risk factor, particularly when coupled with IPV. There is also a need to promote policies and services that improve the financial and civil legal circumstances of IPV survivors.

Sentencing for treason under martial law

The article examines the issue of punishment for treason under martial law. It was found that in view of the full-scale invasion of Russia on the territory of Ukraine, the criminal legislation was supplemented by Part 2 of Art. 111 of the Criminal Code of Ukraine, which provides for responsibility for treason committed under martial law, and establishes a more severe punishment in the form of imprisonment for a term of 15 years or life imprisonment, with mandatory confiscation of property. 50 guilty verdicts passed by courts of first instance in criminal proceedings under Part 2 of Art. 111 of the Criminal Code of Ukraine. The results of such a study made it possible to determine some trends in the imposition of punishment for such a crime. It has been established that treason under martial law is committed under similar legal circumstances, which can be generalized and classified. During the research, it was established that in the absolute majority of cases for the commission of treason, regardless of the circumstances of the crime, mitigating and aggravating circumstances, data about the accused person, the courts impose a minimum sentence of 15 years of imprisonment with full or partial confiscation of property. At the same time, the maximum punishment in the form of life imprisonment is imposed in isolated cases, which, however, raises doubts about the expediency and justification of its appointment. It is established that the courts when choosing the amount of punishment, as required by Art. 65 of the Criminal Code of Ukraine, take into account data on the identity of the culprit and circumstances mitigating and aggravating the punishment. There were also cases of a milder punishment than provided for by the sanction of Part 2 of Article 111 of the Criminal Code of Ukraine, on the basis of Art. 69 of the Criminal Code of Ukraine. It is assumed that such cases of application of Art. 69 of the Criminal Code of Ukraine are not always justified and sometimes excessively reduce the punishment in comparison with the size of the punishment provided for in Part 2 of Art. 111 of the Criminal Code of Ukraine. The situation with the appointment of a minimum punishment within the scope of the sanction and the application of Art. 69 of the Criminal Code of Ukraine is explained by the imperfection of the sanction, which is difficult from the point of view of law enforcement. Based on the results of the analysis, the assumption was made that the sanction under Part 2 of Art. 111 of the Criminal Code of Ukraine, as well as suggested ways to solve this problem. Key words: treason, national security of Ukraine, martial law, punishment, sentencing, life imprisonment, an absolutely defined sanction, transfer to the side of the enemy, subversion, aggressor state, differentiation of criminal responsibility, individualization of punishment, confiscation of property.

Closed-Loop Medication Management with an Electronic Health Record System in U.S. and Finnish Hospitals.

Many medication errors in the hospital setting are due to manual, error-prone processes in the medication management system. Closed-loop Electronic Medication Management Systems (EMMSs) use technology to prevent medication errors by replacing manual steps with automated, electronic ones. As Finnish Helsinki University Hospital (HUS) establishes its first closed-loop EMMS with the new Epic-based Electronic Health Record system (APOTTI), it is helpful to consider the history of a more mature system: that of the United States. The U.S. approach evolved over time under unique policy, economic, and legal circumstances. Closed-loop EMMSs have arrived in many U.S. hospital locations, with myriad market-by-market manifestations typical of the U.S. healthcare system. This review describes and compares U.S. and Finnish hospitals' EMMS approaches and their impact on medication workflows and safety. Specifically, commonalities and nuanced differences in closed-loop EMMSs are explored from the perspectives of the care/nursing unit and hospital pharmacy operations perspectives. As the technologies are now fully implemented and destined for evolution in both countries, perhaps closed-loop EMMSs can be a topic of continued collaboration between the two countries. This review can also be used for benchmarking in other countries developing closed-loop EMMSs.

Repurchased, Ordered, Inherited: The Origins of Woodcut Blocks in the Königsberg Printing House of Hans Daubmann and His Heirs

Strategies adopted by the early modern printers vis-à-vis the acquisition and use of woodcut blocks depended on various internal and external factors. One might assume that the former—a printer’s personal ambitions and convictions concerning the role of illustrations in general—were in most part dependent on the latter (i.e., the economic, political or legal circumstances). Hans Daubmann, a printer active first in Nuremberg in 1547–54 and then in Königsberg in 1554–73, is an interesting case of a fairly consistent approach to illustrations, despite the diametrically different conditions in which each of his printing houses operated. In Nuremberg, he tried—but ultimately failed—to establish his professional position, struggling against tough competition and censorship, while, in Königsberg, he easily and almost immediately dominated the local market with support from the Duke of Prussia. In both places, Daubmann issued many illustrated works and invariably minimised the associated expenditures. He was exceptionally keen on repurchasing woodblocks from various sources, which was undoubtedly much cheaper than commissioning new items. Even when he chose to order new matrices, they usually reproduced popular models. This conservative strategy was preserved until the mid-17th century by Daubmann’s heirs and followers: Georg Osterberger, Johann Fabricius and Lorenz Segebade. They mostly reused these woodblocks, some heavily worn out, and only exceptionally developed the inherited stock of printing matrices.