Property Of Others Research Articles

The transformation of Russian sociality: reflections and self-determination of analysts

This article presents and compares the reflections and conclusions of the prominent Russian sociologists, economists, and political scientists. Having analyzed the transit of Russian sociality, they come to quite disappointing conclusions. Unfortunately, Russia did failed to take its rightful place among the European (Western in a broad sense) states and societies, did not build legal society and institutions, and the established market and private property have significantly deformed, since the authorities and law enforcement agencies of different levels rigidly controlled business for the purpose of share profit, or even seizure and appropriation of the property of others. This indicates not just a crisis, but disintegration and negative transformation of the Russian social system. The author believes that the modern sociality experiences transformation associated with the completion of the culture of modernity and the establishment of futureculture, the structure of which is yet obscure. Such transformation generates sociality that differs from the previous one; however, in many its pioneers and “initiators of discursiveness” continue to largely adhere to the principles of liberalism, although modified, and often unrecognizable. In this regard, the author discusses not only the state of social institutions, but also the ways for overcoming the prevalent situation sought by separate individuals.

Claiming for recovery of funds and (or) property of others: search for legislative compromise and review of law enforcement practice

In the light of extremely low level of enforcement of court decisions in Ukraine, the formation of effective legal instruments of coercive judgment enforcement measures is getting particularly important. One of the most effective ways to protect the interests of the claimant, which increases the effectiveness of execution of a court decision of a property nature and expands the possibilities of enforcement proceedings, is to claim for recovery of money and (or) property of others. This legal institution allows the enforcement of money and (or) property of another person who is not a party to the enforcement proceedings, but either holds the property or has a debt to the debtor. The article describes the issue of legislative uncertainty of the procedural status of another person whose property and (or) funds are being recovered and formulates ways to resolve it. A number of collisions between the Civil and Commercial Procedural Codes and the Law of Ukraine “On Enforcement Proceedings” were revealed in terms of legal regulation of the institution of claim for recovery of property of others, in particular in terms of seizure of funds of a person in debt to the debtor. It is proposed to resolve the identified collisions in favor of procedural codes. The legal nature of the arrest, which is imposed on the money of another person in the recovery procedure, is determined. On the example of case law, the discretionary power of the court in considering claims for recovery of funds of a person who owes money to the debtor are analyzed, and the incompleteness of the legislative list of grounds for refusal to satisfy the application for recovery is stated. Attention is drawn to the imperfection of the procedural codes in terms of regulating the possibility to appeal to Court of Appeal and Court of Cassation judgements issued as a result of consideration of claims for recovery of funds of a person who has debts to the debtor. Through the prism of law enforcement practice, the subject of proof in the consideration of applications for recovery of funds of persons who have debts to the debtor and clarifies the distribution of the burden of proof in this category of cases.

Leadership Governance and How to Improve Hospital Management?

One of the most important challenges facing Egypt and other developing countries is the lack of effective leadership and the lack of a future vision for development, in addition to the weakness of human resources, which leads to the failure of health systems. In this research, we discuss the development in the governance of hospitals in health development, and we recommend amendments in the framework of work on the governance of health development And based on the report of the World Health Organization in the year 2000, it identified 4 functions or goals for health systems, the most important of which are providing health services in a good and patient manner, finding funding, continuous supervision and finding the necessary resources. The report uses the term governance and management interchangeably and gives a definition to the agent as the person responsible for managing the property of others The HarperCollins Dictionary defines the word “control” with several names, such as: managing - curbing - directing - mastering - processing - arranging - disciplining - leading. The role of governance for the presidency is not limited to a supervisory role only, but extends to more than that of an executive directing role as well.

The Virtuous Cycle of Property

Abstract This paper shows that formalizing private property rights has a positive effect on the propensity to respect the property of others. We study a recent large-scale land tenure reform in West Africa that was the first of its kind to be implemented as a randomized control trial. Results of a modified dictator game show that the formalization of private property rights reduced an individual's willingness to take from others' endowment. We used additional experimental measures and postexperimental survey data to rule out alternative explanations for the observed behavior that do not imply a change in preferences.

Easement spatialization with two cases based on LADM and BIM

An easement is an important usufructuary right, and its main purpose is that one party wants to use the property of others to improve the benefits and interests of his own real estate. Because of the increasing population and accelerating urbanization urban planners have focused on the development and utilization of three-dimensional urban space, namely, underground, near ground and aboveground space, to use the spatial resources fully. Therefore, jurisprudence-confined planar easement must be combined with spatial information from two dimensions (2D) to three dimensions (3D), as well as 2D property boundaries to be extended to 3D to adapt to urban development. This paper focuses on the easement of access, which is the right to cross the property to go to and from another, under the context of 3D cadastres. The model of easement spatialization based on BIM (Building Information Model) specified by IFC (Industry Foundation Class) standards is constructed and analysed. The servient owner and the dominant owner of the easement can be linked because they are both attached to the same physical space. This paper takes a multistory building having individually owned condominium units as an example to demonstrate how to access the semantic information associated with the geometric information of 3D property objects in the BIM/IFC. The research results show that BIM/IFC can optimize the complex presentation of 3D property attributes and is an effective carrier of easement spatialization. The combination of legal information and spatial information of 3D properties not only optimizes the operation and maintenance of buildings but also improves land management and accelerates the development of 3D cities.

أثر الثمن فی العقود القهریة - دراسة فقهیة تأصیلیة

يؤسس هذا البحث لقاعدة مقررة في الفقه الإسلامي، مفادها أن الرضا أصل فى العقود يلزم توفره لصحتها في الجملة، غير أنه قد يثبت على خلاف هذا الأصل - لعارض ما - بعض العقود التي لا يعتبر فيها هذا الأصل، ونعنى بها تلک العقود القهرية، والتي تهتم بتحقيق غرض معين يحقق مصلحة راجحة، أو يدفع ضررا محققا، معتبرة في ذلک بدلا عادلا يعوض الطرف الذى لا يعتبر رضاه في تلک العقود. وقد تعرضت في بحثى هذا من خلال المبحث التمهيدي لبيان العقود القهرية ومدى مشروعيتها، والفرق بينها وبين العقود الاختيارية. ثم تطرقت في المبحث الثاني للعقود القهرية المشروعة لإزالة الضرر، وناقشت تحت هذا الضابط بعض مسائل مما يندرج تحته، کالأخذ بالشفعة مبينا أثر الثمن فى ملک المشفوع. ثم تتبعت في المبحث الثالث بعض العقود المندرجة تحت العقود القهرية المشروعة لدفع اضطرار المکلف وقمت بسرد أمثلة على ذلک، کمسألة إطعام المضطر، وأثر الثمن في استحقاقه لهذا الطعام. کذلک مسألة الانتفاع بملک الغير إذا حلت ضرورة بفرد أو جماعة، وأثر الثمن في ملکهم لما يدفع ضرورتهم. وقد راعيت في معالجتي لموضوع البحث المنهج الاستقرائي التأصيلي، فأتتبع جزئيات المسألة محل البحث فى کتب المذاهب الفقهية، ثم أتبع ذلک بذکر أقوال الفقهاء، وبيان خلافهم - إن وجد - موضحا أدلة کل فريق ومناقشتها، ما استطعت لذلک سبيلا، منهيا ذلک کله بالترجيح حسب قوة الدليل. ثم ذيلت بحثى ببعض النتائج، التى استنبطتها من خلال دراستي لهذا الموضوع، وختمته بثبت للمصادر والمراجع، راجيا العون والسداد، وأن يکون هذا العمل خالصا لوجه الله العظيم، والله من وراء القصد، وهو حسبنا ونعم الوکيل. This research establishes a settled rule in Islamic jurisprudence, according to which consent is a basic principle in contracts that must be valid on the whole, but it may prove contrary to this origin - for something casual - some contracts in which this origin is not considered and by which we mean those compulsive contracts which care for achieving a specific purpose that achieves a preponderant interest or deny real harm taking in consideration considered a fair alternative to compensate the other side whose consent is not considered in those contracts. In my research, I dealt with this through a preamble study to clarify compulsive contracts, the extent of their legality and the difference between them and optional contracts. Then, in the second topic, I dealt with the legitimate compulsive contracts to remove harm and discussed some issues under this control, such as taking pre-emption showing the effect of the price on the property of the preempted. Then, in the third topic, I tracked down some of the contracts that fall under the compulsory legal contracts to remove the harms out of the obligated person and I listed examples of that such as the issue of feeding the forced and the effect of the price on his entitlement to this food. Likewise, the issue of benefiting from the property of others if necessity arises by an individual or group and the effect of the price on their property to pay their necessity. In my treatment of the topic of the research, I took into account the inductive and original approach, so I follow the partials of the issue in question in the books of the jurisprudential schools of thought following that by mentioning the sayings of the jurists and explaining their disagreement - if any - explaining the evidence of each team and discussing it as much as I could for that, ending it all by preferring according to the strength of evidence. Then I appended my research to some of the results which I deduced through my study of this topic and I conclude it firmly for the sources and references hoping for help and rectitude, and that this work will be purely for the sake of God Almighty and God is behind the intention. For use, Allah is Sufficient and He is the best Disposer of affairs.

Orobanchaceae plants of israel and palestine. Chemical and medicinal treasures

Orobanchaceae plant family is one of the most interesting plant families in our region. It is represented by small number of plants and some of them attracted major interest while others have been almost completely neglected. Even the ethnobotanical uses of these plants in the reviewed region are very limited. The present day knowledge about these plants indicates contradicting research tendencies, interesting natural products that were isolated from some of these plants, along with massive lack of information about the chemical and medicinal properties of others. Many review articles were published about this family, but each one of them lacks some essential information or includes ambiguities. This article will present the known information in helpful tables and figures, but will mainly emphasize the areas where intensive research efforts are needed. In the discussion section, the parasitic nature of these plants will be elaborated, and some synthetic and biosynthetic paths will be introduced.

Glucocorticoid receptor gene (NR3C1) is hypermethylated in adult males with aggressive behaviour.

Aggressive behaviour is a serious threat to the personal safety and property of others due to the potential that the assailant may hurt people, himself/herself or objects, and aggression has always been one of the focuses of research and concern. Accumulating evidence suggests that the hypothalamic-pituitary-adrenal (HPA) axis plays a major role in the development, elicitation, enhancement and genetic susceptibility of aggressive behaviour in humans and animals. GR (NR3C1) plays a crucial role in controlling HPA activity, which directly affects aggressive behaviour. Here, we investigated the methylation state of the NR3C1 gene promoter region and its role in aggressive behaviour in adult males for the first time by applying a case-control approach (N = 106 controls, N = 104 patients). Methylation of NR3C1 was measured in peripheral blood samples at exons 1D, 1B and 1F via sodium bisulfite treatment combined with the MethylTarget method. Methylation of the NR3C1 gene was significantly correlated with aggressive behaviour, and the methylation levels of 1D, 1B and 1F were upregulated in the aggressive behaviour group, intentional injury subgroup and robbery subgroup, and the significance varied. In addition, multiple CpG sites were found to be significantly associated with aggressive behaviour. These results suggest that epigenetic aberrations of NR3C1 are associated with aggressive behaviour, and epigenetic processes might mediate aggressive behaviour by affecting the activity of the HPA axis. This correlative study between DNA methylation of the NR3C1 gene and aggressive behaviour in patients may be helpful for forensic assessments.

Nutraceuticals and Pharmaceuticals

Aim. To provide a definition and classification of nutraceutical products and to show their significane in modern integrative medicine.Background. Nutraceuticals are foodstuffs and their components, which have a positive effect on human health, including preventive maintenance and treatment of diseases. Nutraceuticals include healthy and functional foods, as well as biologically active food additives (BAFA). Healthy foods are nutritional foodstuffs without any artificial modification. These include organic, whole, and natural foods. Alongside a high nutritional value, functional food products have a positive effect on the human body due to functional food ingredients. BAFAs are food additives that contains one or several food ingredients (vitamins, mineral substances, plant components, amino acids and others). Specialists express conflicting viewpoints concerning nutraceuticals. Some nutraceuticals, such as probiotics, have confirmed their effectiveness in clinical trials, while the beneficial properties of others require further elucidation.Conclusions. The application of nutraceuticals, as well as their combined use with pharmaceuticals, in accordance with recommendations by scientific professional associations formulated on the basis of valid research studies can lead to an improvement in the quality of the life and longevity of the population. This position forms a basis for the development of integrative medicine — a contemporary approach to the treatment of diseases.

KAJIAN SANAD, MATAN DAN SYARAH HADIS TENTANG HUKUM BARANG TEMUAN

This article examines the sanad, matan and shari'ah traditions about the law of found items. The method used is library research using a descriptive normative approach that emphasizes the analysis of data sources found. The hadith on the found law was narrated by 1) al-Bukhari in his Sahih 2) Muslims in his Sahih, 3) al-Tirmidhi in his Sunan, 4) Abu Dawud in his Sunan 5) Ibn Majah in his Sunan 6) Malik in al-Muatha 7) Ahmad bin Hanbal in his Musnad. The results of the study found that if someone found an item, he should not dare to take it unless he knew that he could be trusted in guarding it and was able to announce it until he found the owner. Anyone who feels that he cannot be trusted with the goods, then he may not take it. If he takes it, then he is similar to someone who seizes the property of others. Because, he took other people's property from the side that he was not allowed to take it. Also because by taking it at that time, it means that there is an act of wasting someone else's property

The Virtuous Cycle of Property

The article shows that formalizing private property rights has a positive effect on the propensity to respect the property of others. We study a recent large-scale land tenure reform in West Africa...

Исследование особенностей молодежного вандализма и выработка инструментария его профилактики

Vandalism among young people is one of the urgent problems in the study of youth deviant behavior. Vandal activity arises as a result of the deformation of social interaction, which becomes fixed and turns into destructive actions of people trying to understand themselves in social space through this form of activity. The article is aimed at exploring the genesis of the behavior of vandals, as well as socio-psychological and individual personality factors in the formation of readiness for the destruction of public property and the property of others. The authors examine the specificity and intensity of vandal activity of adolescents and young people in the context of their environment, as well as individual characteristics that contribute to deviant behavior.

Secondary education in Ukraine and France: current trends

The article deals with the current trends in the transformation of general secondary education in Ukraine and France, the role of the European integration processes in these transformations and prospects for further development of secondary education in Ukraine and France. The role of globalization, which affects all spheres of public life, including secondary education, has been revealed. The humanization of education, an integral part of the reform and democratization of public life, has been identified as an important trend in the development of general secondary education in Ukraine at the beginning of the 21st century. The shift of emphasis from the teacher's educational activity to educational and cognitive, labor, artistic, exploratory, research and other teacher’s activities in cooperation with a pupil has been noted. The article mentions the introduction of child-centeredness in teaching, i.e. orientation to the needs of a pupil. An important trend in the education of the 21st century is the tendency to continuity of education, the essence of which is constant deepening of general and professional training, the transformation of education into a process that lasts throughout life. Informatization of education is mentioned in the article as a global trend. The article reveals the features of the French secondary education. Modern tendencies in the French secondary education have been characterized, in particular an obligatory inclusion of a pupil into professional activity. The trend in French secondary education concerning the moral education of the French schoolchildren and division of the complex of moral education into four meaningful groups have been noted: the main categories of morality; public life and respect for others; thrifty attitude to the property of others, especially to the public property; self-esteem, etc. The extension of the period of compulsory education for schoolchildren under 18 in France has been emphasized.

Epithelial tumor suppressor ELF3 is a lineage-specific amplified oncogene in lung adenocarcinoma

Gene function in cancer is often cell type-specific. The epithelial cell-specific transcription factor ELF3 is a documented tumor suppressor in many epithelial tumors yet displays oncogenic properties in others. Here, we show that ELF3 is an oncogene in the adenocarcinoma subtype of lung cancer (LUAD), providing genetic, functional, and clinical evidence of subtype specificity. We discover a region of focal amplification at chromosome 1q32.1 encompassing the ELF3 locus in LUAD which is absent in the squamous subtype. Gene dosage and promoter hypomethylation affect the locus in up to 80% of LUAD analyzed. ELF3 expression was required for tumor growth and a pan-cancer expression network analysis supports its subtype and tissue specificity. We further show that ELF3 displays strong prognostic value in LUAD but not LUSC. We conclude that, contrary to many other tumors of epithelial origin, ELF3 is an oncogene and putative therapeutic target in LUAD.

Similarity Detection in Large Volume Data using Machine Learning Techniques

When unauthorized copying or stealing of intellectual properties of others happen, it is called plagiarism. Two main approaches are used to counter this problem – external plagiarism detection and intrinsic plagiarism detection. External algorithms compare a suspicious file with numerous sources whereas intrinsic algorithms are allowed to solely inspect the suspicious file in order to predict plagiarism. In this work, the area chosen for detecting plagiarism is with programs or source code files. Copying the entire source code or logic used in a particular program without permissions or copyright is the stealing that happens in the case of source codes. There exist many ways to detect plagiarism in source code files. To perform plagiarism checking for a large dataset, the computational cost is very high and moreover it’s a time consuming job. To achieve a computationally efficient similarity detection in source code files, the Hadoop framework is used where parallel computation is possible for large datasets. But the raw data available to us is not in a suitable form for the existing plagiarism checking tools to work with, as their size is too high and they possess features of big data. Thus a qualifying model is required for the dataset, to be fed into Hadoop so that it could efficiently process them to check for plagiarism in source codes. To generate such a model, machine learning is used which incorporates big data with machine learning.

To the Question of Easement Objects

An easement under civil law is the right to use the property of others to meet the needs of others who cannot be otherwise satisfied. The legislator very briefly lists the objects of the easement and allocates positions for them in different norms. The necessity to study easement objects, among which land, their parts, other natural resources, and other real estate is justified. Issues of «other natural resources» in accordance with the current legislation of Ukraine, which include water bodies, forests, flora and fauna, subsoil, are investigated. Water bodies can be transferred not only for use, but also for the property of participants of civil legal relations, and, accordingly, the owners can transfer them on the right of easement to other persons. Attention is drawn to the fact that land easements may well include an easement for the purpose of hunting and fishing. The practical necessity of using the subsoil that arises in the participants of civil legal relations, requires the regulation of this kind of easement relations at the legislative level. Ownership of an unfinished construction object is, by law, subject to state registration in the order inserted for state registration of real property rights and is immovable property, and therefore may be an object of easement. Property complexes occupy a special place in the system of civil rights objects. Although the company includes not only immovable, but also movable ones, as well as the right to trademarks and other designations, this property complex is recognized as real estate and may also be object to easement. Attention is drawn to the need of systematization of the rules regarding the objects of the easement and to amend the existing legislation accordingly.

The Right to be Granted Access over the Property of Others in Order to Enter Prospecting or Mining Areas: Revisiting Joubert v Maranda Mining Company (PTY) LTD [2009] 4 ALL SA 127 (SCA)

A new mineral law regime was introduced when the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) commenced. Common law mineral rights were abolished and replaced by statutorily created rights to minerals. Prospecting rights and mining rights granted in terms of the MPRDA entitle their holders, amongst other things, to enter the designated prospecting or mining area in order to commence with and conduct prospecting or mining activities. This contribution focusses on the question whether the entitlement to "enter" the land to which a specific prospecting or mining right relates automatically includes the ancillary right to be granted access over the property of others in order to enter the designated prospecting or mining area. It is important to determine the source or origin of the right to access in the new regime and to differentiate between "access" and "entry". It would not be just or justifiable summarily to accept that legal principles that developed under a completely different regime apply unchanged in a new regime.

Uma nobreza não muito regional. O papel político e social dos infanções de Astorga na primeira metade do século XI (1028-1065)

A través de la documentación tenemos conocimiento de varios momentos de inestabilidad en las tierras occidentales del reino leonés después de la muerte de Alfonso V, en particular en el intervalo que antecedió a la consagración de su hijo como el futuro Vermudo III. Sin embargo, algunos de estos episodios se estarían gestando desde tiempo atrás por diferentes actores sociales, a saber, ciertos miembros de familias condales, como Rodrigo Romaniz, y algunos de los infanzones terrae de que nos hablan esos mismos documentos, como Ecta Rapínatiz y Ero Salítiz. Estos miembros de las familias de la nobleza local que aquí elegimos analizar se caracterizan por la detentación de la autoridad en sus áreas de influencia —siendo una compañía frecuente de los miembros de las familias condales—, por la movilidad de su actuación política y por protagonizar muchos y variados episodios que atentan contra el patrimonio ajeno, especialmente clerical. La llegada al trono leonés de Fernando I traerá cierto orden social a las tierras del reino, con la devolución, voluntaria o forzosa, de varias de estas propiedades a la iglesia. [pt] Através da documentação temos conhecimentode vários momentos de instabilidade nas terras ocidentais do reino leonês depois da morte de Afonso V, em particular durante o intervalo que antecedeu a sagração do seu filho como o futuro Vermudo III. Contudo, alguns destes episódios já estariam a medrar em tempos anteriores no seio de diferentes actores sociais, entre os quais, certos membros de famílias condais, como Rodrigo Romaniz, e alguns dos “infanzones terrae” de que nos falam esses mesmo documentos, como Ecta Rapínatiz y Ero Salítiz. Estes membros das famílias da nobreza local que aqui escolhemos analizar e acompanhar caracterizam-se por deterem uma certa autoridade nas suas áreas de influência —sendo mesmo uma companhia frequente no séquito dos membros das famílias condais—, pela mobilidade da sua actuação política e pelo protagonismo em muitos e variados episódios que atentam contra o património alheio, particularmente clerical. A chegada ao trono de Fernando I trouxe uma certa ordem social aos diversos territórios do reino, com a devolução voluntária, e em certos casos forçada, das propriedades entretanto usurpadas.

The attitudes of bad behavior by some of the owners of power and influence in the Assyrian Kingdom and the role of society in deterring it

The research, as it appears from the title, aims at shedding light on one aspect of the blatant and inappropriate behavior practiced by some members of power and influence in the Assyrian Kingdom. It is certain that by extrapolating from the terms of the Assyrian treaties and sales and analyzing their true dimensions, we seek and understand the care of the kings and their growing concern to compel the citizens of the Kingdom to have good character towards them, represented by protection, sacrifice, honesty, sincerity, advice, loyalty, respect, honesty and rejection of any ill-manners such as treachery, Conspiracies, intrigues, defamation, witchcraft, sorcery, etc. As much as the Assyrian society has enjoyed the virtues and virtues inherent in many of its members, we find that the manifestations of malaise were also prominent in many Assyrian textual evidence, especially the administrative messages, which are often embodied in the behavior of some power and influence Against the citizens of the Kingdom such as abuse and cruelty, taking bribes and assaults on the property of others and the injustice of people and mistreatment and ridicule and vice, as well as deception and cunning and greed and jealousy and defamation and meet people with two faces and deny the beautiful.

Neo-liberalism and neo-slavery

Low pay and other minimal benefits at work cause some people to be in a state of neo-slavery. They are nominally free individuals and are not the property of others, but their economic standing and power is so limited that they have to work for whatever they can get; and just put up with it. This state of neo-slavery is not accidental, it is the outcome of neo-liberalism, the economic orthodoxy that now dominates the globe. Deregulation of markets, the privatisation of publicly owned assets, the shift in the disproportionate share of income and wealth controlled by a ruling elite, together with burgeoning inequality are all advocated in the name of the free markets as a scientific reality. Neo-liberalism has such a powerful grip that it is rarely discussed by name. These are just the way things are. This paper argues that the supposed inevitability of the neo-liberal agenda is driven more by blind faith than scientific objectivity. As such it is a religion pretending to be a science. Indeed the rampant inequality resulting from the neo-liberal prayer book is counter-productive, because more egalitarian societies are more successful, and are happier places to live.