Obligate Relationship Research Articles

УСКОРЕННОЕ ДОСУДЕБНОЕ ПРОИЗВОДСТВО ПО УГОЛОВНЫМ ДЕЛАМ: ИСТОРИКО-ПРАВОВОЙ АНАЛИЗ СТАНОВЛЕНИЯ И РАЗВИТИЯ

The purpose of the article is to deduce the formula of kinetic energy of a specific movement – the movement of subjective rights and legal obligations in legal relations, and to show the relationship of rights and obligations in the legal system in the form of a scalar equation.

НЕКОТОРЫЕ ОСОБЕННОСТИ ТАКТИКИ ОСМОТРА МЕСТА ПРОИСШЕСТВИЯ ПО ПРЕСТУПЛЕНИЯМ, СВЯЗАННЫМ С НЕЗАКОННЫМИ ПОИСКОМ И(ИЛИ) ИЗЪЯТИЕМ АРХЕОЛОГИЧЕСКИХ ПРЕДМЕТОВ ИЗ МЕСТ ЗАЛЕГАНИЯ (СТ.243.2 УК РФ)

The purpose of the article is to deduce the formula of kinetic energy of a specific movement – the movement of subjective rights and legal obligations in legal relations, and to show the relationship of rights and obligations in the legal system in the form of a scalar equation.

ИНСТИТУТ «НЕОТЛОЖНЫХ СЛЕДСТВЕННЫХ ДЕЙСТВИЙ» В ОТЕЧЕСТВЕННОМ И ЗАРУБЕЖНОМ УГОЛОВНОМ ПРОЦЕССЕ

The purpose of the article is to deduce the formula of kinetic energy of a specific movement – the movement of subjective rights and legal obligations in legal relations, and to show the relationship of rights and obligations in the legal system in the form of a scalar equation.

ЭНЕРГИЯ И СИЛА В СИСТЕМЕ ПРАВОВЫХ ОТНОШЕНИЙ

The purpose of the article is to deduce the formula of kinetic energy of a specific movement – the movement of subjective rights and legal obligations in legal relations, and to show the relationship of rights and obligations in the legal system in the form of a scalar equation.

Owner’s role in realization of labor rights of employee

The article is devoted to the problem of fulfillment of obligations of the employer who depends on the owner. The owner is not a subject of labor law. For these reason he is not responsible for the obligations of the employer to employees. In turn, the employer is not able to fulfill obligations in labor relations without providing the owner with the necessary funds. Emerging in the field of labor relations conflicts often get settled by restriction of the labor rights of the employees. Typical examples in this situation are used in this article. The authors have tried to develop recommendations to attract the owner to fulfill the obligations of the employer in labor relations.

Wolbachia-Filarial Nematode Interactions: Embryological, Cellular and Molecular Aspects and Therapeutic Targets

Filarial nematodes including Wuchereria bancrofti, Onchocerca volvulous, Brugia malayi, B. timori and Loa loa cause some of the most common parasitic infections in humans including elephantiasis, blindness and skin lesions. Wolbachia, an α-proteobacterium is the most widespread endosymbiotic bacterium widely present in various insect species, in parasitic nematodes of animals and also in the plant-parasite nematode, Radopholus similis. In insects, they harbour in male and female germlines and in a variety of somatic tissues. In filarial nematodes, they live as reproductive endosymbionts in ovarian tissues, oocytes and oogonia and newly forming embryos within the uterus and affect moulting, reproduction and survival of the host nematode. They provide essential metabolites such as riboflavin, haem and nucleotides to the host nematodes, but they cannot synthesize some vitamins, coenzyme A, NAD, biotin, folate, ubiquinone, lipoic acid etc. de novo due to incomplete biochemical pathways, and derive those from host nematodes. Thus, there is an obligate symbiotic relationship between Wolbachia and host nematode. Antibiotic treatment against Wolbachia has been proved as a promising target for prevention of filariasis which can break the parasitic cycle. Genomic studies regarding embryological, cellular and molecular aspects of Wolbachia and filarial nematode are still limited. Further research in this area could employ Wolbachia-filarial nematode interactions as a potential therapeutic target to reduce or prevent filarial infections.

Stan i potrzeby badań nad uzbrojeniem późnośredniowiecznym z obszaru dzisiejszej Polski. Perspektywa nowego millenium

Stan i potrzeby badań nad uzbrojeniem późnośredniowiecznym z obszaru dzisiejszej Polski. Perspektywa nowego millenium

The Digital Markets Act and Private Enforcement: Proposals for an Optimal System of Enforcement

The DMA Proposal is silent about private enforcement, although the general view takes this as granted. Indeed, as the Commission’s Proposal currently stands, national courts would apply Articles 5 and 6 and enforce the related obligations in civil litigation. However, the prospect of unlimited private enforcement raises concerns about fragmentation, especially in view of the novel nature of the DMA rules. For this reason, the EU legislator would be well-advised to introduce certain limitations on private enforcement and provide for a rule of precedence for public enforcement. Private enforcement should be allowed in its follow-on but not in its stand-alone form. This limitation could be revisited after a number of years and once a body of precedent on the DMA has been built. The DMA should also include concrete mechanisms of co-ordination and co-operation with the European Commission, with a view to safeguarding the consistent application of its rules in the Union.

Evolution of Legislation on Liability for Failure to the Obligation to Provide Support in Family Law of Ukraine

In the scientific article the author investigates the historical aspects of the evolution of legislation that operated in the Ukrainian lands on liability for failure to the obligation to provide support for family members, including spouses, parents, and children. In particular, it has been analyzed the content of the basic acts of family law operated in the period from Kievan Rus to independent Ukraine, such as ‘Russkaya Pravda’(‘Russian Truth’), Lithuanian Statutes of 1529, 1566, 1588, the draft codification of family law ‘Rights under which the Maloros People Are Judged’ , Code of Laws of the Russian Empire, the Galician Civil Code, the Austrian Civil Code, the first decrees of the Council of People’s Commissars of the Ukrainian SSR regulating family legal relationships, as well as the Codes of 1919, 1926, 1969 and 2002 (taking into account the changes made in 2017-2018). Based on the analysis, the author determined that the issue of liability for obligation to provide support in Ukraine received proper legal regulation only with the adoption of the current Family Code of Ukraine in 2002. The first monuments of Ukrainian law, such as ‘Russkaya Pravda’(‘Russian Truth’) and Lithuanian Statutes, unfortunately did not contain rules regulating alimony relationships between spouses, parents and children, as well as other family members. The following acts of Family Law that were in force in the Ukrainian lands defined the alimony obligations of spouses, parents and children, but did not provide for liability for their violation. The exceptions were the norms of the Galician Civil Code, which provided for the liability of the father for the non-recognition of his illegitimate child and the non-payment of amounts on the child’s support in two-, three- four times the size of amount, as well as the rules of criminal legislation of the Russian Empire and the Soviet period for determining the liability for malicious evasion of alimony payments. Unfortunately, the existing regulatory framework regulates in detail only the issue of liability for the non-fulfillment of parental support obligations in relation to children. Failure to perform other alimony duties, unfortunately, did not receive such a reaction from the state (the only exception is the malicious evasion of payment established by court decision for the maintenance of disabled parents, which is a crime).

Sleeping with the enemy: unravelling the symbiotic relationships between the scale wormNeopolynoe chondrocladiae(Annelida: Polynoidae) and its carnivorous sponge hosts

AbstractThe North Atlantic deep-water polynoid worm Neopolynoe chondrocladiae is involved in an exceptional symbiotic relationship with two hosts: the carnivorous sponges Chondrocladia robertballardi and Chondrocladia virgata. While this is an obligate symbiotic relationship, its real nature is unclear. We used a multidisciplinary approach to narrow down the type of symbiotic relationship between symbiont and hosts. Molecular connectivity analyses using COI and 16S suggest that N. chondrocladiae has high potential for dispersal, connecting sites hundreds of kilometres apart, likely aided by oceanographic currents. Microbial analyses on different anatomical parts of five Chondrocladia species suggest that the presence of the worm in C. robertballardi does not affect the microbiome of the sponge. MicroCT analysis on N. chondrocladiae show that it has dorsally oriented parapodia, which might prevent the worm from getting trapped in the sponge. A faecal pellet recovered from the worm suggests that the polynoid feeds on the crustacean prey captured by the sponge, something corroborated by our stable isotope analysis. Light and confocal microscopy images suggest that N. chondrocladiae elytra produce bioluminescence. We propose that the worm might use bioluminescence as a lure for prey (increasing the food available for both the sponge and the polynoid) and thus fuelling a mutualistic relationship.

<p class="ZootaxaTitle"><strong>Novel symbiotic relationship between a spionid polychaete and <em>Lingula</em> (Brachiopoda: Lingulata: Lingulidae), with description of <em>Polydora lingulicola</em> sp. nov. (Annelida: Spionidae)</strong></p>

A new spionid species Polydora lingulicola sp. nov., a novel symbiont of Lingula anatina Lamarck, 1801 is described here based on materials collected from the Yatsushiro Sea and Ariake Sea, southern Japan. Polydora lingulicola sp. nov., morphologically closest to P. glycymerica Radashevsky, 1993 and P. vulgaris Mohammad, 1972, is distinct from latter two shell-boring species by its smaller size, long maximum caruncle length, non-boring lifestyle, presence of subspherical yellow chromatophores on chaetiger 5 (visible in living specimens), and larval morphology. The new species was observed to construct mud tubes on the surfaces of L. anatina shells, with the tube apertures located near the lateral inhalant pseudosiphon of the hosts, and utilizes the water currents created by the filter-feeding host for feeding suspended food particles. Polydora lingulicola sp. nov. represents the first polychaetous annelid reported to exhibit an obligate symbiotic relationship with a lingulid brachiopod. Epibiotic polychaetes previously reported as P. cornuta Bosc, 1802 to occur on L. anatina shells from Japan in 1902 may belong to P. lingulicola sp. nov. The possibility that the wild populations of P. lingulicola sp. nov. may be vulnerable to extinction because they only associate with L. anatina, wild populations of which are near threatened by habitat loss, coastal pollution, and fishing pressure.

Communication as Care across Borders: Forging and Co‐Opting Relationships of Obligation in Transnational Salvadoran Families

ABSTRACTRecent scholarship on care urges close ethnographic attention to specific care practices rather than to the reflexive, meaning‐making accounts that dominated previous work, setting up a distinction between enacting and signifying care. However, as transnational Salvadoran families care through cross‐border communication, they produce and enact imaginaries of relational obligation that constitute asymmetrical care roles for migrants and nonmigrants. Communicative care practices thus simultaneously produce care and make care meaningful. As a multifunctional form of social action, care through communication works to sustain transnational kin ties even as it mirrors and incrementally reproduces global inequalities between North and South. The communicative mobilization of care across space and time thus regenerates kinship in ways that enact political belonging and exclusion. [care, communication, transnational families, migration, political economy]

Wind extraction? Gifts, reciprocity, and renewability in Colombia's energy frontier

This article examines the circulation of gifts that binds dozens of indigenous Wayúu communities and Jemeiwaa Kai, a wind energy corporation that intends to build five wind farms in Colombia's coastal region of La Guajira. Drawing on long‐term fieldwork, I analyze how the intimate, reciprocal, and meaningful social exchanges that take place as part of the gift‐giving practices between Jemeiwaa Kai and Wayúu residents are critical for the renewability of wind energy itself, as they create and maintain the conditions for harnessing this resource without interruption. Since these exchanges acknowledge the power of Wayúu communities hosting future wind farms to disrupt their operations and infrastructures, they enable recipients to carve out a space of accountability by entangling the corporation in long‐term relationships of obligation and negotiating the ethical ways of harnessing wind in Wayúu land. The centrality of gift giving highlights that extraction, as a concept for theorizing wind energy in La Guajira, falls short of fully making sense of the variegated interactions, ethical predicaments, and forms of value production that take place on the ground, between those who have lived alongside the wind for centuries and the outsiders who now aspire to harness its force.

Response of psychrophilic plant endosymbionts to experimental temperature increase.

Countless uncertainties remain regarding the effects of global warming on biodiversity, including the ability of organisms to adapt and how that will affect obligate symbiotic relationships. The present study aimed to determine the consequences of temperature increase in the adaptation of plant endosymbionts (endophytes) that grow better at low temperatures (psychrophilic). We isolated fungal endophytes from a high-elevation (paramo) endemic plant, Chusquea subtessellata. Initial growth curves were constructed at different temperatures (4–25°C). Next, experiments were carried out in which only the psychrophilic isolates were subjected to repeated increments in temperature. After the experiments, the final growth curves showed significantly slower growth than the initial curves, and some isolates even ceased to grow. While most studies suggest that the distribution of microorganisms will expand as temperatures increase because most of these organisms grow better at 25°C, the results from our experiments demonstrate that psychrophilic fungi were negatively affected by temperature increases. These outcomes raise questions concerning the potential adaptation of beneficial endosymbiotic fungi in the already threatened high-elevation ecosystems. Assessing the consequences of global warming at all trophic levels is urgent because many species on Earth depend on their microbial symbionts for survival.

Genes Identification, Molecular Docking and Dynamics Simulation Analysis of Laccases from Amylostereum areolatum Provides Molecular Basis of Laccase Bound to Lignin.

An obligate mutualistic relationship exists between the fungus Amylostereum areolatum and woodwasp Sirex noctilio. The fungus digests lignin in the host pine, providing essential nutrients for the growing woodwasp larvae. However, the functional properties of this symbiosis are poorly described. In this study, we identified, cloned, and characterized 14 laccase genes from A. areolatum. These genes encoded proteins of 508 to 529 amino acids and contained three typical copper-oxidase domains, necessary to confer laccase activity. Besides, we performed molecular docking and dynamics simulation of the laccase proteins in complex with lignin compounds (monomers, dimers, trimers, and tetramers). AaLac2, AaLac3, AaLac6, AaLac8, and AaLac10 were found that had low binding energies with all lignin model compounds tested and three of them could maintain stability when binding to these compounds. Among these complexes, amino acid residues ALA, GLN, LEU, PHE, PRO, and SER were commonly present. Our study reveals the molecular basis of A. areolatum laccases interacting with lignin, which is essential for understanding how the fungus provides nutrients to S. noctilio. These findings might also provide guidance for the control of S. noctilio by informing the design of enzyme mutants that could reduce the efficiency of lignin degradation.

ANALYSIS OF JUDICIAL PRACTICE IN CASES OF THE REMOVAL OF LAND PLOTS FROM THE CADASTRAL REGISTRATION

The need to remove a land plot from the cadastral register may be due to various factors. Often, the rights holders of land plots are faced with the problem of the impossibility of specifying their boundaries due to the intersection with the boundaries of other land plots, including those without owners. Or, for example, the owner of a de facto non-existent land plot cannot exercise his rights and obligations in relation to it. Accordingly, the removal of the disputed land plots from the cadastral registration in these cases could solve the problem. However, the legislation regulating this sphere of relations often does not allow removing the disputed land plot from the cadastral register and thereby protecting their rights to interested parties. The article analyzes the judicial practice on the removal of land plots from the cadastral registration, considers the most typical situations and makes recommendations on the choice of appropriate ways to protect the rights of interested parties.

Enforcement of Investment Arbitration Awards

The enforceability of decisions is a central pillar of any dispute resolution mechanism, whether of internal or international nature. This chapter aims to explain the rules for enforcement under the two main enforcement systems that are currently in force in the realm of investment arbitration: the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and the 1965 Washington Convention (the “ICSID Convention”). In particular, Section 2 analyses the scheme for enforcement under the New York Convention, and assesses the obligations of the states parties; Section 3 examines the scheme for enforcement under the ICSID Convention along with the related obligations of states parties. In both cases, we will shortly introduce a linkage to the threat that sovereign immunity for execution of awards poses to the function of the investor-state arbitration regime. Some conclusions on the relationship between the two Conventions will be attempted. In such a context we will finally propose some reflections on an issue related to the enforcement and recognition of arbitral awards which could assume particular relevance in the very near future: the proposed investment court system (ICS) and multilateral investment court (MIC). We thus briefly address the main doubts that have been raised concerning the enforcement and recognition of decisions by the ICS/MIC.

New species of Tulasnella associated with Australian terrestrial orchids in the Cryptostylidinae and Drakaeinae

ABSTRACT Many orchids have an obligate relationship with Tulasnella mycorrhizal fungi for seed germination and support into adulthood. Despite the importance of Tulasnella as mycorrhizal partners, many species remain undescribed. Here, we use multiple sequence locus phylogenetic analyses to delimit and describe six new Tulasnella species associated with Australian terrestrial orchids from the subtribes Cryptostylidinae and Drakaeinae. Five of the new species, Tulasnella australiensis, T. occidentalis, T. punctata, T. densa, and T. concentrica, all associate with Cryptostylis (Cryptostylidinae), whereas T. rosea associates with Spiculaea ciliata (Drakaeinae). Isolates representing T. australiensis were previously also reported in association with Arthrochilus (Drakaeinae). All newly described Tulasnella species were delimited by phylogenetic analyses of four loci (nuc rDNA internal transcribed spacer region ITS1-5.8S-ITS2 [ITS], C14436 [ATP synthase], C4102 [glutamate synthase], and mt 16S rDNA [mtLSU]). The pairwise sequence divergence between species for the ITS region ranged from 5.6% to 25.2%, and the maximum sequence divergence within the newly described species ranged from 1.64% to 4.97%. There was a gap in the distribution of within- and between-species pairwise divergences in the region of 4–6%, with only one within-species value of 4.97% (for two T. australiensis isolates) and one between-species value of 5.6% (involving an isolate of T. occidentalis) falling within this region. Based on fluorescence staining, all six new Tulasnella species are binucleate and have septate, cylindrical hyphae. There was some subtle variation in culture morphology, but colony diameter as measured on 3MN+vitamin medium after 6 wk of growth did not differ among species. However, T. australiensis grew significantly (P < 0.02) slower than others on ½ FIM and ¼ potato dextrose agar (PDA) media. Formal description of these Tulasnella species contributes significantly to documentation of Tulasnella diversity and provides names and delimitations to underpin further research on the fungi and their relationships with orchids.

Cyber Situational Awareness in Critical Infrastructure Protection

The European Union promotes collaboration between authorities and the private sector, and the providers of the most critical services to society face security related obligations. In this paper, critical infrastructure is seen as a system of systems that can be subject to cyber-attacks and other disturbances. Situational awareness (SA) enhances preparations for and decision-making during assessed and unforeseen disruptive incidents, and promoting Cyber effective situational awareness (CSA) requires information sharing between the different interest groups. This research is constructive in nature, where innovative constructions developed as solutions for domain-specific real world problems, while the research question is: “How can cyber situational awareness protect critical infrastructures?” The Observe – Orient – Decide – Act (OODA) loop is examined as a way to promote collaboration towards a shared situational picture, awareness and understanding to meet challenges of forming CSA in relation to risk assessment (RA) and improving resilience. Three levels of organizational decision-making are examined in relation a five-layer cyber structure of an organization to provide a more comprehensive systems view of organizational cyber security. Successful, crisis-management efforts enable organizations to sustain and resume operations, minimize losses, and adapt to manage future incidents, as many critical infrastructures typically lack resilience and may easily lose essential functionality when hit by an adverse event. Situation awareness is the main prerequisite towards cyber security. Without situation awareness, it is impossible to systematically prevent, identify, and protect the system from cyber incidents.

No obligation? How gender influences the relationship between perceived organizational support and organizational citizenship behavior.

Previous research indicates that perceived organizational support (POS) elicits felt obligation on the part of employees who, in turn, reciprocate by helping the organization through the performance of organizational citizenship behavior (OCB). However, because gender roles dictate that women should be more helpful than men, women may feel more obligated to engage in OCB even when they experience relatively low levels of POS, whereas men may perform OCB only when they experience relatively high levels of POS. In this article, we use social role theory to predict that the relationship between POS and 3 types of OCB will be stronger for men than for women. Our results, using 4 samples of employee-supervisor dyads, support this prediction. Further, in 2 of those samples, we also investigate the possibility that gender moderates the positive POS-felt obligation relationship and the indirect effect of POS on OCB via felt obligation. Taken together, we find evidence of first-stage moderated-mediation. Specifically, the relationship between POS and felt obligation is moderated by gender, such that this relationship is stronger for men than for women (who feel more obligation, even at relatively low levels of POS). Felt obligation mediated the POS-OCB relationship, but only for men. Our findings suggest that men are more likely than women to need POS to feel obligated to make reciprocal organizational exchanges. Implications and future research directions are discussed. (PsycInfo Database Record (c) 2020 APA, all rights reserved).