Relevant Rules Research Articles

Post-fire behaviour and resistances of square recycled aggregate concrete-filled stainless steel tube stub columns

Experimental and numerical studies on the cross-section compressive behaviour and residual resistances of square recycled aggregate concrete-filled stainless steel tube (RACFSST) stub columns after exposure to fire are reported in this paper. An experimental programme was firstly carried out on twelve stub column specimens with three recycled coarse aggregate replacement ratios (0%, 35% and 70%) after exposure to the ISO-834 standard fire for 0 min (i.e. at ambient temperature), 15 min, 30 min and 45 min. The test results, including load–end shortening curves, failure loads and failure modes, were presented, with the initial compressive stiffness and confinement effect analysed. The experimental programme was followed by a numerical modelling programme, where thermal and mechanical finite element models were developed and validated against the test results and afterwards used to conduct parametric studies to generate additional numerical data over a wide range of cross-section dimensions. Based on the test and numerical data, the relevant design rules for square natural aggregate concrete-filled carbon steel tube stub columns at ambient temperature, as specified in the European code, Australia/New Zealand standard and American specification, were evaluated, using post-fire material properties, for their applicability to square RACFSST stub columns after exposure to fire. The evaluation results generally revealed that the European code and Australian/New Zealand standard led to a good level of design accuracy, while the American specification resulted in slightly conservative post-fire cross-section compression resistance predictions.

Regspraak: ’n Hond se blaf ewenaar soms sy byt vir doeleindes van deliktuele aanspreeklikheid

This is one of the rare cases in which the plaintiff based his action on Aquilian, and not pauperien principles after suffering a broken wrist when he fell during an effort to retreat when accosted by two small dogs belonging to the defendant. The barking dogs threatened the plaintiff while he was standing on the sidewalk next to the defendant’s property, after they had escaped through the gate of the property which had been opened to allow the latter’s wife access. The court had difficulty in determining the true factual situation, because the sets of evidence presented by the opposing parties were irreconcilable. On the strength of the methodology presented in the leading judgment of Stellenbosch Farmers’ Winery Group Ltd v Martell et Cie the court unconvincingly opted to accept the plaintiff’s version. The defendant was also prevented from presenting arguments in respect of certain traits of the dogs, due to defects in his heads of argument. Although the court indirectly addressed the issue of wrongfulness, its main thrust was an attempt to decide whether the owner had been negligent in failing to keep his dogs under control and preventing them from threatening the defendant and other members of public. Relying on the definition of negligence presented in Mukheiber v Raath, which displays a preference for the concrete approach to foreseeability, the court concluded that the defendant had been negligent and is therefore liable to compensate the plaintiff in such sum as may be agreed or determined in due course. It is illustrated how the court failed in presenting a judgment in accordance with a method suggested by Bosielo JA in a paper presented in 2013, which contains the following steps: (a) introduction; (b) facts; (c) issues; (d) law; (e) application; (f) remedy; and (g) order (earning the acronym IFILARO). Of particular note is the court’s failure to present a concise but sufficiently detailed account of the facts, and to apply relevant legal rules and principles to the facts. It is intimated that if the existing case law had been thoroughly scrutinised and applied, a finding that the harm in casu had not been reasonably foreseeable to the diligens paterfamilias might have followed, rendering the defendant not liable.

الآليات الدولية لمكافحة الفساد: اتفاقية الأمم المتحدة لمكافحة الفساد أنموذجاً

Corruption is considered a multifaceted criminal phenomenon worldwide, and its combat is only effective through international mechanisms. The United Nations Convention against Corruption, issued in 2003, is regarded as the most important international framework for countries in combating corruption. The current study aims to understand the international mechanisms related to combating corruption according to the United Nations Convention, utilizing both descriptive and analytical methodologies. The descriptive approach was adopted to identify the specific nature of corruption crimes and the relevant substantive and procedural rules. Meanwhile, the analytical method was used to determine how to address these crimes within the existing international framework. The study concluded several noteworthy results, including the absence of a comprehensive, agreed-upon definition of corruption that satisfies all researchers. Additionally, the United Nations Convention did not include a clear and legal definition of corruption under study. It was also revealed that the legislative framework of the convention incorporates specific provisions for preventive measures against corruption, as stipulated in Articles 5, 6, 10, and 13. The convention also includes deterrent measures that criminalize various forms of traditional and non-traditional corruption acts. The United Nations Convention goes beyond merely criminalizing corruption-related crimes; it extends to obliging member states to criminalize and punish any public official who abuses their power and engages in trading influence for illicit gains. However, the convention, according to Article 17, limits the crime of embezzlement of public funds to national public officials, without any reference to foreign public officials or civil servants in international organizations. The study recommended the necessity of incorporating supervisory and executive measures into the United Nations Convention.

Access to Czech Administrative Courts – Bottlenecks in Access to Justice

The right of access to a court is subject to certain limitations. While a number of these limitations may be created deliberately, in line with the function of the administrative justice system (e.g. restrictions on review by the higher courts, others may be more or less unintended consequences of the design of the administrative justice system (or application of relevant rules or case law). The article attempts to present possible forms of these limitations and tries to outline some of the main “bottlenecks” in the access to judicial protection in the context of Czech administrative justice. These limitations can be regarded mainly as formal and informal, and their recognition can result in increasing the efficiency of the functioning of judicial protection, in particular by simplifying procedural regulation in relation to the ongoing societal and technical changes.

Practice of the Constitutional Court of Ukraine with respect to state protection of competition in entrepreneurial activities

This article aims to provide an overview of the practice of the Constitutional Court of Ukraine (the “CCU” or the “Court”) related to constitutional principles of state protection of competition in entrepreneurial activities, to determine the state of development of such practice and to analyse it.
 The article provides a comprehensive analysis of the existing CCU’s decisions adopted following review of constitutional submissions, where issues related to state protection of competition were raised, the CCU’s positions set out in these decisions, as well as the CCU’s practice of considering constitutional complaints challenging constitutionality of certain provisions of Ukrainian legislation on protection of economic competition. System analysis of the CCU’s acts on the researched issues, Ukrainian legislation in force at the time of elaborating the article, and that in force at the time of adoption of relevant decisions by the CCU, as well as works of Ukrainian scholars relevant to the article’s objectives, were the main methodological basis for the research.
 The analysis of the CCU’s practice on the researched issue does not allow for stating that it is very developed. Nevertheless, certain important issues have arisen before the CCU over the years of its activity. During the decade of 2000-2010, the CCU adopted a number of decisions clarifying the substantive content of constitutional provisions on state protection of competition, as well as outlining distribution of authorities between different branches of power in determining types and boundaries of monopolies, as well as in establishing competition rules. The period after 2010 has not yet been marked by adoption of remarkable CCU’s decisions on the researched topic.
 Analysis of the CCU’s practice with respect to consideration of constitutional complaints shows their active use by business entities in order to challenge constitutionality of certain provisions of Ukrainian legislation on protection of economic competition. Despite the lack of success of such complaints to date, their contents and direction, which can be understood from relevant rulings on refusal to initiate constitutional proceedings, allow to identify problematic aspects of application of Ukrainian competition laws and define appropriate decisions to address them.

Time-dependent sequential association rule-based survival analysis: A healthcare application

The analysis of event sequences with temporal dependencies holds substantial importance across various domains, including healthcare. This study introduces a novel approach that combines sequential rule mining and survival analysis to uncover significant associations and temporal patterns within event sequences. By integrating these techniques, we address the limitations linked to the loss of temporal information. The methodology extends traditional sequential rule mining by introducing time-dependent confidence functions, providing a comprehensive understanding of relationships between antecedent and consequent events. The incorporation of the Kaplan-Meier estimator of survival analysis enables the calculation of temporal distributions between events, resulting in time-dependent confidence functions. These confidence functions illuminate the probability of specific event occurrences considering temporal contexts. To present the application of the method, we demonstrated the usage within the healthcare domain. Analyzing the ICD-10 codes and the laboratory events, we successfully identified relevant sequential rules and their time-dependent confidence functions. This empirical validation underscores the potential of methodology to uncover clinically significant associations within intricate medical data.•The study presents a unique methodology that integrates sequential rule mining and survival analysis.•The methodology extends traditional sequential rule mining by introducing time-dependent confidence functions.•The application of the method is demonstrated within the healthcare domain.

Enforcement Practice of the Antitrust Provisions of the Trade Law in 2021—2022: Approaches of the Competition Authorities and Precedent Court Decisions

The article is devoted to the analysis of precedent acts of competition authorities and court decisions made in 2021—2022 in cases of violation of antitrust provisions of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” of December 28, 2009 № 381-FZ were applied (hereinafter referred to as the Law on Trade) in order to study the developed approaches to the application of relevant legal rules. Based on the results of the analysis, the authors come to the conclusion that, despite the insignificance of the number of cases under consideration on violation of the antimonopoly requirements of Law on Trade, the problem of relations between participants in the markets for wholesale and retail trade in food products remains relevant, and therefore competition authorities and courts continue to improve approaches to the application of relevant legal rules, which seem appropriate to use in further monitoring of their compliance.

Екологізація сільського господарства: правовий аспект

The article is devoted to the analysis of regulatory and legal support of ecologization in the field of agriculture and prospects for its improvement. Ecologization of the agricultural sector is ensured by legal norms contained in laws and by-laws. In general, the norms of environmental and agrarian legislation of Ukraine regulate the relations of environmental protection and nature use in the field of agriculture. The main directions of further improvement of the legal support for the ecologization of the agricultural sector are: the implementation of certain types of agricultural production activities, taking into account the peculiarities of specialization and activities related to agricultural production; use of land and other natural resources in agricultural production; agricultural production waste management; organic agricultural production, etc. In particular, the relevant rules of nature protection for agricultural production should be aimed at: ensuring ecological and biological safety in the process of agricultural production activity; ensuring rational use of land and other natural resources in agricultural production; restriction and termination of agricultural activities that damage to the environment; introduction of the most effective methods of management, in particular, the spread of the use of organic production methods; support for the development and introduction of innovative technologies in the field of agriculture; protection of agricultural plants and animals; increasing the level of knowledge and improving the practical skills of sustainable agriculture. A special role in the legal support of ecologization of agriculture is played by strategic documents defining goals and task for the relevant period. The task of state policy is to bring national legislation, standards and practices in the agricultural sector closer to the pan-European principles of sustainable agriculture policy and good agricultural practices. Also, rules of nature protection should be reflected in the local intra-economic acts of the subjects of agricultural activity.

International labor migration policy of the European Union

The cross-border movement of labour is associated with an objective need for the host country to accept and comply with the relevant rules. This problem has always existed for the European Union and its member states due to the attractiveness of the region for migrant workers, relatively high standard of living and the widely diversified sectoral structure of the economy. Based on the analysis of the relevant directives, the article chronologises the stages of regulation of international labour migration in the EU with an emphasis on the present. Close attention is given to the EU regulatory practice of the issues of attracting highly qualified and seasonal labour third-countries workers, students and researchers, facilitating intra-corporate transfers. In this context the regulatory vector in the area of international labour migration to the EU is aimed at obtaining benefits from the influx of the necessary labour force through the creation of favorable conditions for its integration into European society. The implementation of Directive on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment will depend on the applicable practices of the EU member states. The study reveals the dualism of the economic effects of international labor migration received by the EU at present: positive in the form of a relative reduction in unit costs due to labor components, the flow of technological knowledge and negative ones associated with the displacement of part of local labor resources, the outflow of funds from foreign workers, changes in the structure of aggregate demand, the impact on the level of wages, aggravation of interethnic and interfaith conflicts against the background of a low level of integration of foreigners into local society.

Structural behaviour and resistances of high strength concrete-filled stainless steel tube (HCFSST) beam-columns

This paper reports experimental and numerical investigations into the structural behaviour and resistances of high strength concrete-filled stainless steel tube (HCFSST) beam-columns under combined compression and bending. An experimental investigation was conducted on sixteen HCFSST beam-columns specimens fabricated from stainless steel tubes with two cross-section sizes and high strength concretes with four material grades, and included concrete cylinder tests, tensile coupon tests, initial global geometric imperfection measurements and eccentric compression tests. The test setups and procedures were fully reported and the experimental observations were discussed and analysed in detail. It was found that the plane cross-section assumption was valid for eccentrically loaded HCFSST sections and the lateral deflection distribution patterns for HCFSST beam-columns were approximately half-sine wave shapes. The test results were used in a subsequent numerical investigation for the validation of finite element models, which were then employed to conduct parametric studies to generate additional numerical data over a wide range of cross-section dimensions, member lengths and loading combinations. Based on the experimental and numerical results, the relevant design rules, as set out in the European code, American specification and Australian/New Zealand standard, were evaluated for their applicability to HCFSST beam-columns. The evaluation results revealed that the European code provided accurate but scattered failure load predictions when used for HCFSST beam-columns, while the American specification and Australian/New Zealand standard resulted in conservative and scattered failure load predictions.

Analisis Penggunaan Senjata Api di Tubuh Polri: Peraturan, Penyimpangan, dan Perubahan

In carrying out the demands of a profession that has many challenges, the National Police will certainly always intersect with the situation on the ground that makes them required to be ready and swift, especially regarding the handling and prevention of criminal acts, these conditions make every police member must be equipped with expertise and abilities in the process of their activities, in this case talking about the authority to own and use firearms, In general, members who serve in the field can use their weapons to warn against criminals, and under certain conditions, members can use their weapons to incapacitate the perpetrators, even to crack down on the spot (execution) of the perpetrators if they are life-threatening and ignore the warnings given. But this is a problem because there are people who use their authority for their own benefit and violate the law. This paper discusses how firearms actually use in the field, gun abuse cases, and what are the benchmarks for the use of firearms based on what has been regulated by relevant laws and rules.

The Legal Regulation of Affiliation in The Jordanian Civil Law: The Actions of The Affiliated Person as A Case Study

Objective: This study investigates the adequacy of the legal provisions of this responsibility to protect the injured. This happens by investigating the ability of the injured party to claim affiliate person the full compensation resulting from the affiliated’s harmful act. Theoretical Framework: The interest of the injured is an interest that leds legislation to deviate from personal responsibility for the harmful act, and added multiple responsibilities, whether for things, or for third parties when certain conditions are met in each responsibility, including the responsibility of the affiliate for the actions of the affiliated person. The judicial rulings tended to take this responsibility based on the legal regulations, but these provisions adhere with the literal legal text. Method: To achieve the aims of the study; the researchers apply the descriptive analytical method, by exposing and analyzing the relevant texts of the law, deducing the contents of the legal texts, and extrapolating the relevant judicial rulings. Results and conclusion: The current research indicates that the solidarity responsibility of the affiliated is considered one of the most important elements of responsibility for the act of others organized by the Jordanian legislator. The main axis in this responsibility is the injured person, that is, as long as there is harm and injured person, there must be a cause of it. Originality/value: This research recommends to encourage key policy makers to amend some articles and rules in the Jordanian civil law to fulfill the legislations gaps that displayed in the current research.

CORPORATE SOCIAL RESPONSIBILITY

This research will focus on CSR which is the obligation of the company to be responsible in terms of development and social around the company, where each company must provide CSR funds from the company's profits to help the development around the company operates, this is expected to be a solution to the problem of social and environmental development, in some developed countries CSR takes a broader role by reaching out to partners for regional infrastructure development, this has not been touched in the rules of legislation in Indonesia, therefore it is very interesting to study more deeply the opportunities and future layout. The purpose of this study is to look at the possibilities and analyze the opportunities and challenges that need to be resolved to make CSR actively involved in regional infrastructure development. This research method is normative juridical, where it is done by analyzing the relevant legal rules in order to understand the subject matter in the rules of the game so that a solution can be found to the problem at hand .From the analysis conducted, it can be concluded that CSR has been running as mandated by the law, but those aspects to be able to make CSR a development partner still have empty space that must be regulated with certainty and measured by the rules of the law.
 

The protection of the natural environment in armed conflicts and agent-based modelling

Abstract This article seeks to demonstrate the nexus between agent-related technology and the protection of the environment in armed conflicts, looking at how agent-based modelling and simulation (ABMS) can be used as a tool to protect the environment in armed conflicts. It further analyzes the precautionary principle and due regard, as relevant rules, and explains the legal benefits of deploying ABMS to protect and preserve the natural environment. The article argues that the deployment of ABMS helps States to better understand the environmental effects of conflicts, reassess their military activities and comply with the relevant applicable rules and norms.

Crypto Insolvencies and the Limits of a Contract and Contract Law

This article examines contracts between crypto-asset service providers (CASPs) and their customers. The recent collapses of major crypto-platforms, like Celsius and FTX, highlight both the importance and limitations of such contracts. In this article, I examine the role of digital contracts or ‘crypto-contracts’ in the resolution of conflicts in crypto insolvencies, and question whether (exclusive) reliance on these contracts is optimal from the perspective of foreseeability, fairness and protection of customer rights. I demonstrate that contracts with crypto-platforms tend to be long, complex, ambiguous and subject to frequent unilateral modifications. They often create uncertainty about the rights of customers in deposited crypto-assets (personal v. proprietary). This is their first limitation. The second limitation relates to potential interference of property law. Even if a contract grants certain proprietary rights to customers, property law may attach additional requirements for their creation and protection, such as asset segregation, and lead to the loss or transfer of ownership in a situation of commingling. Finally, the third limitation comes from the fact that the promises of contract and property law may be of little help where a CASP breaches the contract and reuses (disposes of) customer assets without consent. Together, these limitations constitute compelling policy justifications for interference with contractual relations. Insolvency of cryptoplatforms brings to light complex legal problems, which require a balanced and multi-dimensional approach. This approach should complement contractual arrangements with relevant rules from different areas of law, including consumer, property and administrative (regulatory) law.

Trade And Decarbonization: Opportunities and Challenges

Trade and decarbonization are two inseparable things. Both primary legal issues are the gap between environmental protection and its implementation as a covert protection instrument. The relevant rules are Article XX GATT, and the Technical Barriers to Trade Agreement which have multiple interpretations. This research used a normative approach that focuses on legal materials. The results showed that decarbonization and trade still require strong policies from WTO countries. Implementation of Article XX GATT and TBT Agreement related to decarbonization is determined through decisions in Appellate Body. WTO policy reformulation relating to the application of the principles of sustainable development requires a special agreement while taking into account the principle of special treatment for developing countries. This effort is to create justice and legal certainty. Opportunities for multilateral negotiation are still open, while the challenge is a gap between developed and developing countries.

The Application of Immersive Virtual Reality and Machine Learning for the Assessment of Unilateral Spatial Neglect

Abstract Even subtle forms of hemispatial neglect after stroke negatively affect the performance of daily life tasks, increase the risk of injury, and are associated with poor rehabilitation outcomes. Conventional paper-and-pencil tests, however, often underestimate the symptoms. We aimed to identify relevant neglect-specific measures and clinical decision rules based on machine learning techniques on behavioral data generated in a new Virtual Reality (VR) application, the immersive virtual road-crossing task. In total, 59 participants were included in our study: two right-hemispheric stroke groups with left neglect (N = 20) or no neglect (N = 19), classified based on conventional tests and medical diagnosis, and healthy controls (N = 20). A neuropsychological test battery and the VR task were administered to all participants. We applied decision trees and random forest models to predict the respective groups based on the results of the VR task. Our feature selection procedure yielded six features as suitable predictors, most of which involved lateral time-related measures, particularly reaction times, and head movements. Our model achieved a high training accuracy of 96.6% and estimated test accuracy of 76.8%. These results confirm previous reports that temporal behavioral patterns are key to detecting subtle neglect in patients with chronic stroke. Our results indicate that VR combined with machine learning has the potential to achieve higher test accuracies while being highly applicable to clinical practice.

Компетенция суда по спорам, вытекающим из владения и реализации прав, удостоверенных депозитарными расписками

The economic situation in the world and the challenges of our time forced many Russian issuers to refuse future depository programmes and curtail the existing ones, which were issued by the relevant acts of the Bank of Russia, with the exception of certain issuers listed by the Government of the Russian Federation. The peculiarities of the circulation of the financial instruments under consideration and the procedure for exercising rights certified by these depositary receipts affect the approaches of judicial practice being formed. This article examines the competence of the court in disputes arising from the exercise of rights certified by depositary receipts; related to automatic or forced conversion of depositary receipts into shares of Russian issuers; on recovery of damages, etc. Ways are proposed to form judicial practice in terms of determining the competence of the court and applying the relevant rules of procedural law. The current public legal regime and public interests of the state are analysed, as well as the competence of the state arbitrazh court in disputes involving persons in respect of whom restrictive measures have been introduced. Possible approaches to judicial practice are formulated that meet the challenges of modernity in the stock market in order to protect the rights of investors, as well as the tasks of effective legal proceedings.

Enacting Chinese-ness on Arab Land: A Case Study of the Linguistic Landscape of an (Emerging) Chinatown in Multilingual and Multicultural Dubai

Abstract An urban space’s linguistic landscape represents a multimodal and multilingual discourse, indexing the historical, socio-political, cultural, and ethnolinguistic aspects of the locale. Contributing to sociolinguistic research in our global cities, this study zooms in on an unexpected Chinese ethnic enclave, or Chinatown, in Dubai, a superdiverse urban space and multilingual contact zone in post-colonial UAE. Drawing on a corpus of authentic LL data taken from Dubai’s emerging ‘Chinatown’, the study shows that a multilingual triad involving Arabic, English and Chinese is a pervasive sight in this area, deviating from the taken-for-granted and ‘choreographed’ bilingual LL in Dubai overall featuring Arabic and English. Notably, Chinese, as an index of ethnic, linguistic, and cultural identity and marker of boundary, is the most prominent and informative, whereas Dubai’s official language Arabic often appears in small font size and is rendered inconspicuous. This gives rise to a scenario I call ‘small-print multilingualism’ – a conscious attempt for small-business owners to include Arabic reluctantly only to get the ‘job’ done and conform to relevant rules and regulations. Theoretically, this article argues for the relevance of Bakhtin’s concepts of centripetal and centrifugal forces in helping shed light on the dynamic and negotiated relationship between official top-down regulations and bottom-up linguistic practices on the ground in ethnic enclaves. Ultimately, this study adds to our understandings of language and multilingualism in (super)diverse global cities

Агломерация как стратегический трек развития региона: перспективы и ограничения

Abstract: Agglomeration is a traditional form of regional development. However, its place in the modern theory of strategizing has not been sufficiently studied. This research approached the Kemerovo Region as a socioeconomic object of strategizing. It relied on V.L. Kvint’s theory of strategy and methodology of strategizing, e.g., strategy laws, rules of strategic thinking, quantitative analysis of empirical data, etc. The new urban agglomerations need to be asymmetric and unpredictable for competitors, and their strategizing needs new approaches. The Kemerovo Region has two agglomerations, i.e., North Kuzbass and South Kuzbass, which are strategized as inherent parts of the region. In this case, the time-saving rule makes it possible to get ahead of those competitors who prefer more traditional approaches. The strategic priority of the regional agglomeration process possesses a number of competitive advantages, e.g., population density, road network, high urbanization, etc. The strategic project will eventually cover some territories that lack socio-economic ties. Another relevant rule of strategic thinking presupposes a certain commitment to the future, which makes it impossible to rely on the so-called everyday common sense. The Kemerovo Region chose a non-traditional agglomeration path, which ensures its compliance with the laws of strategy and the rules of strategic thinking