Presumption Of Knowledge Research Articles

Novelization of the procedural procedure for informing the participants of the case: legal effectiveness and practical risks

The paper provides a detailed analysis of the change in the procedure for informing the participants in the case after the State Judicial Administration of Ukraine approved Order No. 28 dated January 23, 2023 "The procedure for sending court summonses, notices to the participants in the legal process in electronic form." It was analyzed which factors contributed to the approval of the new procedure for sending court summonses. Among them are listed such as: the introduction of martial law on the territory of Ukraine, insufficient financing of judicial administrations, the presence of the process of digitalization of the judicial system. The expediency of using Viber as a mobile application for receiving subpoenas, instead of Telegram, WhatsAPP, Signal, was studied. Reported to the Kyiv International Institute of Sociology, which recognized Viber as the most popular messenger among Ukrainians. It is indicated that it is possible to send subpoenas only if the party to the case does not have an official email address and on the basis of a written statement. The concepts of official e-mail address and e-mail of a natural person are delimited. As is well known, failure to notify a participant in the case deprives him of the right to defense in court. Therefore, the paper clarified problematic issues regarding the determination of the moment of service of a court summons. The practice of Ukrainian courts and the ECtHR was studied. The "presumption of knowledge" of a person who agreed to receive messages from the court via messenger is indicated. The possibility of problems when using mobile applications is noted. Such problems are - lack of Internet connection, unstable operation of the mobile application, malfunction of the mobile device, inexperience of Viber users, etc. It has been investigated why the use of a screenshot to prove the propriety of a court notice is questionable. It is not excluded that the possibility of sending court messages through messengers can be used as a basis for abuse by the participants in the case, in the form of deliberate delay of court proceedings. The decision of the ECtHR is given, where the court noted that the applicant is obliged to demonstrate his willingness to participate in all stages of the proceedings and to refrain from using techniques that are associated with delays in the proceedings. The conclusion states that the ability to send subpoenas and subpoenas via Viber is useful and effective, but there are possible risks of abuse by the participants in the case.

PROBLEMS OF VAT IN UZBEK TAX LAW: DUE DILIGENCE AND ABUSE OF RIGHTS

The article discusses the problems of applying innovations (Articles 14-15 of the Tax Code) in the Tax Code of the Republic of Uzbekistan: the application of the concept of due diligence and abuse of the right. The State Tax Committee believes that the very fact of a transaction with "unscrupulous" taxpayers is not a manifestation of due diligence (Article 15 of the Tax Code) and will have to pay taxes for unscrupulous counterparties or prove the legality and validity of the transaction (operation). Thus, the tax authority replaces due diligence with the presumption of knowledge. In the author's opinion In fact, a taxpayer can be recognized as having acted without due diligence only if he knew or should have known (for example, due to affiliation) about violations. the presence of a transaction with an unfair counterparty does not in itself mean that the taxpayer abuses the right to receive tax benefits and fails to exercise due diligence. Quite often, the taxpayer himself becomes a victim of the counterparty's deception, and the head of the (unscrupulous) counterparty deliberately misleads the tax authorities that he knows nothing about the organization. Even if the taxpayer does not exercise due diligence, it is impossible to impose on him the obligation of another unscrupulous counterparty (as shown by foreign experience). The author proposes a number of measures for the correct application of the concept of due diligence and its limits, as well as the standards for proving the abuse of taxpayer rights.

The Dream of Absolutism: Louis XIV and the Logic of Modernity by Hall Bjørnstad

Reviewed by: The Dream of Absolutism: Louis XIV and the Logic of Modernity by Hall Bjørnstad Anna Rosensweig Hall Bjørnstad. The Dream of Absolutism: Louis XIV and the Logic of Modernity. Chicago: The University of Chicago Press, 2021. Pp. xii + 230. $30.00. In his erudite and exciting new book, Hall Bjørnstad urges those of us who study premodern France and its afterlives to take another look at absolutism. We moderns may think we already know all about this political system in which kings received their power and authority from God. We can easily identify absolutism's most spectacular avatars in the royal person of Louis XIV and his palace at Versailles. Bjørnstad argues, however, that our presumption of knowledge about absolutism, and our familiarity with its signs and wonders, has inhibited our ability to understand fully its logic and appreciate its inner workings. A key methodological problem with scholarship on absolutism is a tendency to label it "mere propaganda," and as a result anachronistically to reduce absolutism to a modern mechanism of political communication, persuasion, and control. The conceptual model of propaganda requires a sender and receiver of a specific message. Those with power must transmit their message to those without in order to gain or maintain authority. To view seventeenth-century texts and images that celebrated Louis XIV as propaganda is to presume that seventeenth-century readers and viewers needed to be persuaded of the king's glory. What the model of propaganda fails to account for, Bjørnstad explains, is how absolutism eschews the need for communication or persuasion by presenting itself as fully realized in the figure of Louis XIV. There is no audience to convince of the king's glory because absolutism's true audience is the king himself. Bjørnstad proposes that in order better to comprehend absolutism's own logic, we must approach it as a collective dream. He writes, "The logic at work in the absolutist expressions analyzed here is dreamlike in that it seems to imply the dimming of rational exigencies and allows for the integration of contradictions" (34). Identifying and elaborating this notion of absolutism as a dream allows Bjørnstad to take seriously the notion that Louis XIV received his glory from God, rather than to dismiss this idea as either a cynical political mystification or a naïve belief in the supernatural. With each chapter Bjørnstad provides detailed analyses of texts and images that allow us to approach this collective reverie. Chapter 1 examines a tension at the heart of the Mémoires that Louis XIV addressed to the dauphin, namely, the challenge of bequeathing unparalleled glory to one's successors. Chapter 2 takes us to the Hall of Mirrors at Versailles and Charles Le Brun's painting on its vault, Le Roi gouverne par lui-même, 1661, in which the king seeing himself announces the immaculate conception of absolutism as such. Chapter 3 demonstrates how texts that seem excessively exuberant in their praise of Louis XIV—Claude-Charles Guyonnet de Vertron's Parallèle de Louis le Grand avec les princes qui ont été surnommés grands (1685) and Jean de Préchac's fairy tale "Sans Paragon" (1698)—offer unique insight into the premodern political imaginary. Finally, Bjørnstad's concise conclusion provides a helpful summary of the dream's constitutive features and provocatively suggests that this dream continues to occupy our political unconscious. As Bjørnstad so powerfully observes, modernity's fervent claims of disenchantment, demystification, and rationality belie its own participation in this supposedly premodern dream. Although The Dream of Absolutism is most explicitly a book about the past, the present lurks behind every gilded corner. Incisive and capacious, Bjørnstad's book should be read widely, by specialists of early modern France, of course, but also by intellectual historians, political theorists, and students of contemporary politics. [End Page 168] Anna Rosensweig University of Rochester Copyright © 2022 L'Esprit Créateur

Types of a Legal Mistake Excluding Criminal Responsibility

The article deals with the problems of identification of such types of the legal mistake that exclude criminal liability. With regard to the legal regulation and on the basis of the provisions of the criminal law doctrine, the author gives his own classification of the legal mistake and substantiates the necessity of recognition of its legal significance. The author comes to the conclusion that the variety of legal mistakes should be systematized on the basis of two criteria each of which implies two variants of manifestation. They include the cause of the mistake (either a defect of lawmaking or a defect of perception of established normative requirements), as well as the nature of the mistake (either ignorance of the fact of existence of criminal law prohibition or ignorance of its content). Within the framework of a comprehensive classification based on various combinations of the criteria under consideration, four types of the legal mistake that exclude criminal responsibility are distinguished: 1) a mistake caused by a defect in lawmaking and related to the ignorance of the existence of the criminal law prohibition; 2) a mistake caused by a defect in lawmaking and associated with the ignorance of the content of the criminal law prohibition; 3) a mistake caused by a defect in perception of established normative requirements by a person and related to the ignorance of the fact of existence of the criminal law prohibition; 4) a mistake caused by a defect perception by the person of established regulatory requirements and associated with the ignorance of the content of the criminal law prohibition. The article deals with the problems of presumption of knowledge of the law and awareness of wrongfulness of the act with due regard to intersectoral links existing in criminal law. The author refers to the legal stance of the Constitutional Court of the Russian Federation, the European Court of Human Rights, the Supreme Court of the Russian Federation and relies in his conclusions on the examples from case law and jurisprudence, and makes references to foreign experience.

"Papereality" and Learning in Bureaucratic Organizations

This article argues that organizations create, maintain, and live by "papereality, " defined as a world of symbols, a particular form of representation that takes precedence over the things and events represented. If so, what is written down as official can be an important guide to and constraint on behavior in organizations. This article explores in particular the significance that papereality may have on organizational learning. Its main hypothesis is that in bureaucratic organizations, the presumption of knowledge, the power of distrust, the heavy reliance on official records and procedures, and the predominance of routine all seem to cushion papereality from other forms of representation and thus inhibit forgetting and learning.

Dimensions of nurse and patient roles in labor

Nurses, as the principal caregivers during labor, play a major role in structuring the social context of childbirth. The influence of nurse-patient verbal interaction on the social construction of the childbirth experience was investigated. Verbatim records of nurse-patient interaction during labor were analyzed using Stiles's (1978a) Taxonomy of Verbal Response Modes. Nurse and patient scores on three dimensions of interpersonal roles, attentiveness, acquiescence, and presumptuousness, were determined. The results indicated that nurses established and maintained control over the definition of the childbirth experience. The viewpoint of the laboring woman was seldom acknowledged as relevant. Presumption of knowledge of the laboring woman's experience and failure to determine her perception of the situation can have a negative impact on individualization of care and the creation of a patient-centered birthing environment.

Eugenio Barba to Phillip Zarrilli: About the Visible and the Invisible in the Theatre and about ISTA in Particular

Here are my reactions to your article Whom Is the 'Invisible' Not Visible? (TDR 32, no. I:95-Io6) concerning the International School of Theatre Anthropology (ISTA) Congress on The Female Role as Represented on the Stage in Various Cultures, Holstebro, Denmark, 17-22 September 1986. In our culture, knowledge of the actor has often been blocked by the presumption of knowledge. Critics, theatrologists, theoreticians, and even philosophers such as Hegel and Sartre have interpreted the cultural and aesthetic value of the actor's art by starting from the presumption that they knew what they were talking about. In reality, they did not know. They based their writings on conjecture, on vague testimony, on their own impressions as spectators. They tried to make science out of something of which they had no experience. This form of ignorance, which resembles that of professors who prefer to quote from books rather than to risk looking through Galileo's crude telescope, is also manifest in an indirect and oblique way: the way in which we delegate all authority to science. It consists in the illusion that one is able to understand theatrical behavior with greater precision if one superimposes upon it paradigms which have shown their utility in other fields of research. For Sainte-Albine and Diderot, it was the mechanics of passion. During the Brechtian period, it was the opposition between rationalism and political irrationalism. Yesterday it was psychoanalysis and sociology, today semiology or cultural anthropology. This scientific power of attorney is based on a mental attitude which is profoundly irrational. It causes one to believe that a theoretical paradigm is valid unto itself and therefore is a precise instrument even when it is used out of context.

Youth and Crime

THE title of this brief chapter suggests a presumption of knowledge which is based almost exclusively on those two elusive virtues, hope and faith. Concretely and specifically, no one knows the extent of youthful criminality in this country, either at the present time or for any period of the past. Further, there is no method of procedure yet devised upon which reliance may be placed to reveal even the approximate or probable crime rates for age groups in the United States. Such a statement should not be regarded as an indictment of our lawenforcing agencies or our machinery for the administration of criminal justice. A great many variables, whose existence is known but whose relative influence upon mass or individual cannot be accurately evaluated, intervene to distort whatever conclusion may be drawn.

Limitation of Actions. Fraud. Discovery. Presumption of Knowledge of Document from Reading

Limitation of Actions. Fraud. Discovery. Presumption of Knowledge of Document from Reading