So-called Law Research Articles

The problems of popularization of science in the Russian Federation in the context of amendments to the legal regulation of educational activity

The subject of this research is the relevant issues pertaining to popularization of science in the Russian Federation. The goal of this article lies in determination of the currently existing key issues of popularization of science in the Russian Federation: 1) the absence of effective response to the transformation of the traditional field of scientific promotion activity (distribution of new forms and methods of such activity); 2) imperfection of the new legal regulation of educational and scientific promotion activity, which may implicitly lead to negative consequences. The conducted research involves in theoretical conceptualization of scientific promotion activity in the digital age the novelties of legislative regulation of educational activity adopted in April 2021 (the so-called Law on Educational Activity). Unlike other works dedicated to the analysis of this law, this article assesses its basic provisions from the perspective of the effectiveness of achieving the goals set in the context of its impact upon the state of popularization of science in the Russian society. It is established that the model for preventing deterioration of the quality of educational content proposed in the Law on Educational Activity is not effective enough and may further reduce the quality of scientific promotion activity. Therefore, the purpose of imposed restrictions may fail to be achieved. The author believes that the more effective way would lie in intensification of the activity of traditional actors of popularization of science, rather than restriction of the activity of nontraditional actors of popularization of science.

Условия, факторы и отношение молодежи к профессионализации блогинга

The state's interest in the blogosphere has been around for a long time. In 2014, the so-called law on bloggers was introduced, which, according to the FOM, is known to about 1/3 of the population (28%). However, in 2017, it ceased to operate, as the government considered it not effective. In this regard, the topic of the study is the study of the possible consequences of this innovation and the attitude of young people to them. Within the framework of the study of bloggers and their possible professionalization, approaches to blogging are determined, factors, conditions and attitudes to this phenomenon as a labor activity are identified. The authors of the study used a scheme that can operationalize " professionalization "as a strategy chosen by members of a professional group to exercise control over working conditions through" exclusionary social closure in countries with market economies and pluralistic social environments. Considering the theoretical works on this issue, the authors were able to identify several of the most significant stages of professionalization.

Laws of the Book of Exodus through the Lenses of the Reader of the Ostrog Bible (after copy Kyr.4476p from the collections of Vernadsky National Library of Ukraine)

The copy of the Ostrog Bible from the collections of Vernadsky National library of Ukraine (Kyr.4476p) contains a significant number of handwritten marginalia, representing an attempt of one of its readers to comment and translate biblical concepts from the Old Church Slavonic into the prosta mova. Especially interesting are his notes on the so-called Laws from the Book of Exodus with interpretations of legal formulas.Its owner was Ioanykii Seniutovych, abbot of St. Michael’s Golden-Domed Monastery (mentioned in 1710, 1713) and Archimandrite of Kyiv-Pechersk Lavra (1715–1729). Though the intellectual heritage of this Kyiv hierarch has not attracted the attention of scholars so far, a collection of books he left behind, most of which are commentaries on the Holy Scriptures, is known. Lesser known is the fact that Seniutovych himself or someone from the persons close to him elaborated his copy of Ostrog Bible so that each page contained various traces of his (their) thoughtful reading. Systematic comparison of Cyrillic and much more rare Latin notes on the margins with the 16th century Catholic and Protestant editions of the Bible have brought an unexpected find. While on the whole the parallels have revealed the heavy impact of the Polish biblical translations, the main source for Ostrog Bible reader and commentator came to be the Krakow 1599 year edition of Jakub Wujek, which demonstrates literal coincidences of the texts. It seems that our reader has undertaken the difficult task of juxtaposing the Old Church Slavonic translation from the Greek Septuagint with the Polish translation from the Latin Vulgate. On the way of analyzing the texts he made both mistakes and correct conclusions regarding biblical semantics. Thus, the case study of just one fragment of this extremely interesting copy involves a lot of issues concerning the understanding of the Holy Scripture in Kyiv in the late 17th-18th centuries.

The Education System between Private Business and the State: The Antagonism and Synergies of Industrial and State Paternalism in the Vítkovice Company Town (1869–1914)

AbstractThis article aims at analyzing, within the scope of industrial and state paternalism, the interdependent dynamics between employer (Witkowitzer Bergbau- und Eisenhüttengewerkschaft), employee, and the Austro-Hungarian state, taking as an example the development of the education system of the Vítkovice (Witkowitz) company town, located in Moravia, one of the crown lands of the Habsburg Monarchy. The opening point of our research is the year 1869, when the so-called Hasner school law was adopted. The closing point is February 1914, with its new intervention into educational policy in the crown land of Moravia.

Terms for the Subjects of Acts in Law in Chinese Legal Language

The aim of this paper is to analyze the terms of the subjects of acts in law in Chinese legal language. Morphologically, Chinese is an isolating language. It also uses a non‑alphabetic writing system. Creating the terms of the subjects of acts in law is governed by fairly strict language rules; however, there are numerous exceptions that may be misleading for the translator. These terms are commonly used, among others, in the civil law contracts and therefore are an important element of the legal language, also used by non-specialists (e.g. parties to the contract). The analysis of particular terms has allowed to identify the aforementioned general rules in the legal language, as well as to find some exceptions. The research material included the civil law acts (General Principles of Civil Law of the PRC, new General Provisions of Civil Law of the PRC, the Contract Law, and the Inheritance Law – in modern Chinese law, as yet, no unified civil code has been adopted, therefore its role is played by the general law and the so-called satellite laws). The study is complemented by the comparison of the Chinese legal terms and their suggested Polish equivalents, which can be a valuable help for translators.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

Проблема практического дискурса: обоснование моральных норм

The paper provides analysis of the main problem of practical discourse — the issue of substantiation of moral standards — and addresses logical foundations of the so-called principle or law of D. Hume, according to which a logical transition from “is” to “should” is impossible, that is, from descriptive judgments to normative ones. The study shows that this law does not exclude all ethical theories, but only those that justify the norms of morality, deducing them from any realities of the external world: laws of nature, direction of evolution, objective course of history, etc. Hume only limits the methods of substantiating normative propositions, but does not exclude the very possibility of justifying them. The authors discuss various types and attempts to substantiate value judgments and propose to use a new concept of normative correctness. They also perform analysis of cognitive and non-cognitive concepts (I. Kant, C. Bayer, M. Singer, D. Rawls, P. Lorenzen, E. Tugendhad, Karl-Otto Apel, J. Habermas). The paper gives preference to the cognitive approach, and within its framework — the ethics of discourse developed by J. Habermas. The central point in the ethics of discourse is the principle of universalization, which is discussed in detail. The study shows that the principle of universalization and other provisions of the ethics of discourse seem to be well-founded, and the approach itself is the most promising of all other modern ethical undertakings. It also attests to the fact that the ethics of discourse is best suited to the spirit of genuine democracy. As the authors conclude, one way to persuade people to exercise free will and to apply the principle of universalization is through enlightenment, appealing to the mind, and demonstrating that a program to substantiate the ethics of discourse is the best in clarifying our everyday moral intuitions and defending democracy.

Law of the Gun: Unrepresentative Cases and Distorted Doctrine

There is a familiar saying, “If all you have is a hammer, everything looks like a nail.” The so-called Law of the Hammer takes a distinctive form in adjudication. If all judges see is one repeating fact pattern for a given area of law, they might perceive it as archetypical and build the law around it. If that fact pattern does not accurately reflect the field, however, the result can be analytical distortion in terms of both the choice of doctrine and its implementation. This Article uses Second Amendment jurisprudence to illustrate this phenomenon. It reveals how District of Columbia v. Heller constitutionalized a policy area far broader than most appreciate, one that involves not only guns but various other weapons. The Article then shows how litigation fails to reflect that breadth. Guns are just one category of “arms” that most Americans choose not to own or carry for self-defense, but guns alone saturate Second Amendment case law. Non-gun arms are out of view when judges establish and apply Second Amendment doctrine. The Article contends that this gun-centricity, by obscuring the ways Americans exercise post-Heller Second Amendment rights, has led judges to exaggerate burdens, misread history, and espouse short-sighted doctrine to implement the right to keep and bear arms. More generally, the Second Amendment case study in this Article exposes litigation circumstances that create a heightened risk of such distortion and proposes possible solutions.

The Astonishing Conclusion of the Attribution Debate on the Law of Comparative Advantage

The recent demystification of David Ricardo’s famous numerical example in chapter 7 of the Principles bears important implications for the longstanding attribution debate on the law of comparative advantage. It has now become apparent that neither Ricardo nor Smith had anything to do with it. In reality, they both adhered to the classical rule for specialization, allegedly refuted by the law of comparative advantage. The unfounded belief in the existence of this so-called law gradually grew out of the confusion created by John Stuart Mill’s misreading of the purpose, content and implications of Ricardo’s four numbers. As shown in the paper, J. S. Mill, James Mill and Robert Torrens also always adhered to the classical rule for specialization. Thus, the law of comparative advantage is nothing more than an illusion, so no one should be credited for it.

Women’s organizations as a segment of civil society of modern Russia

The article analyses women’s organizations of modern Russia as a component of civil society. The study is based on the gender approach and materials analyzed include statistical data, results of opinion polls, websites of women’s organizations, interviews and other documents. The women’s movement is considered as one of the social practices in the context of the theory of practices proposed by Pierre Bourdie, Robert Connell and others. The author notes that the peak of women’s activity in Russia was in the 1990s, when women were uniting to solve social problems, such as women’s unemployment, human trafficking, etc. During that time, the women’s movement in Russia was developing with the support of international women’s organizations and foreign charity funds, but after the adoption of the so-called law on “foreign agents” many funds suspended or limited their activities in Russia. As a result, nowadays, many Russian NGOs including women’s organizations are facing financial problems. NGOs recognized as a “foreign agent” experience the most difficulties while organizations with the status of socially oriented NGOs can receive government’s support and funding. Using the method of content analysis, the author revealed that names of Russian women’s organizations often include such words as “family”, “childhood”, and “motherhood”, whereas the words “woman”/“women” and ‘women’s’ are rarely used. This is due to the fact that in Russian society there are still widespread views that the range of women’s interests should be limited to the private sphere. At the same time, the gender theory and feminism are often presented as attempts to undermine national traditions. As a result, a woman is considered as an object of social policy rather than a subject of social processes. The majority of Russian women’s organizations focus on charity work, but specific women’s interests and problems are often ignored or undervalued. However, domestic violence, labour market discrimination, and other gender problems can be solved only through the close interaction of the “third sector”, business, and government.

Reforming the Legal Education System in 18th Century Hungary and Karl Anton Martini

In Hungary, the scientific cultivation of law used in the field of education was based on the Tripartitum by István Werbőczy until the 18th century. The kind of literature on natural law that conveyed the spirit of Enlightenment, henceforth equally meant the theoreticcal cultivation of law could start its journey in Hungary with some delay, however, proved very fruitful in terms of views on natural law. The era of rational natural law, the so-called Law of Reason arrived by the end of the 18th century, thinkers of this line derived answers given to questions of state and legal settlement from the human reason. Karl Anton Freiherr von Martini was the most outstanding figure in the 18th century Austrian natural law, a representative of the Law of Reason branch (Vernunftrecht) in the German linguistic area, which bore the ideals of Enlightenment on itself. These works were course books at the same time, counted as compulsory study material at the Austrian Faculty of Law until the 1820s. Their authority, however, had a lasting effect since they were regarded as basic works in Hungarian legal education until 1848.

Конституционные меры защиты от гендерной дискриминации в европейской модели прав человека

The present research featured anti- discrimination laws used in EU countries. The research objective was to describe the categories of equality, non-discrimination, and protection against discrimination within the European model of human rights, as well as to analyze their effectiveness. The article focuses on domestic violence, gender discrimination in the political sphere, and the so-called gender laws, or laws on gender-based violence. Even in the modern world, women still remain subject to discrimination. This fact justifies the development of special laws to protect their natural rights. However, the exact extent of gender discrimination remains unclear. The author raises the question of effectiveness of such laws and other legal provisions. The research featured both constitutional norms and current legislation in cases its norms develop the constitutionally significant principle of non-discrimination, as well as the practice of constitutional review bodies, special bodies, and legal awareness. The work was based on the dialectical method (logical method, analysis and synthesis, modeling), as well as on some special methods (formal legal, historical, systemic, etc.). The formal legal method was used to analyze the gender anti-discrimination norms of legislation of EU countries. The specific-historical method helped to interpret the legal events and facts that shaped the modern constitutional protection measures. The system method was used to describe the legislation of the EU states. Equality is the freedom for a person to choose their identity and occupation regardless of behavior stereotypes imposed by their community. The European model of human rights concentrates on such constitutional and legal aspects of the fight against discrimination as the legislation reform and bodies of constitutional control. However, sometimes such measures fail and might be used for manipulation.

El Ciclo Hidropolítico en Tlahuapan, Puebla: reflexiones en el Capitaloceno

El presente trabajo, busca dar seguimiento y problematizar los flujos de agua y poder en un entramado socio ambiental particular, utilizando como vehículo epistemológico al ciclo hidropolítico. Con base en información etnográfica obtenida en Tlahuapan, Puebla, bajo la mirilla de la ecología política, se presenta una reflexión sobre los procesos sociales y políticos que el agua –como vehículo— permite y sostiene. El texto, explora los flujos de poder que el agua encarna, reproduce y posibilita, y al mismo tiempo disputa y/o permite impugnar. La propuesta del ciclo hidropolítico se ubica y halla explicación en la era del Capitaloceno y en la llamada Ley de la Naturaleza Barata. Finalmente, su uso en el caso de Tlahuapan permite concluir que el agua es al mismo tiempo natural, social e histórica, y también, un conducto a través del cual se construyen y perpetúan ciertas relaciones desiguales de poder que repercuten en el acceso y distribución de los recursos naturales.

Review of Powell, Emilia (2020): Islamic Law and International Law: Peaceful Resolution of Disputes, Oxford and others, Oxford University Press

Purpose The purpose of this study is to critically review the book Islamic Law and International Law by Emilila Powell. Design/methodology/approach The book review is undertaken from a comparative legal and political science perspective, including arguments and insights from international relations, international law, Islamic law, Islamic culture, religious studies, legal history and European as well as international political history. Findings While the empirical part of Powell’s work (chapters 5, 6 and 7) shows a methodologically veryc well done approach and at the same time highly interesting insights, both foundation and context show several critical points, in particular, a lack of differentiation with respect to the Western politico-legal tradition, its concepts and the resulting implications. Research limitations/implications The book represents an excellent starting point that should inspire new, more intensive as well as exhaustive research on this topic. Practical implications The book generates valuable insights for practitioners such as judges at international courts dealing with issues involving so-called Islamic law states, as well as politicians or public service officials in the context of international law and international politics. Originality/value As the paper is a comprehensive review of the book based upon comparatively based insights from international relations, international law, Islamic law, Islamic culture, religious studies, legal history and European as well as international political history, the arguments of Powell are analyzed and commented upon in a comprehensive, well-founded and fair way. This should give potential readers a good understanding of Powell’s arguments, inspire a critical lecture of the book and contribute to the important discourse on the connex between international law and Islamic law.

Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland

This article advances the thesis that disciplinary proceedings may constitute a tool for breaking the rule of law in Poland. In 2017, as part of a package of legal changes to the judiciary, a disciplinary system was created in Poland to ensure that judges were subservient to the political will of the authorities. From the beginning, new disciplinary officers appointed by the Minister of Justice (the Prosecutor General) have targeted judges who disagree with unconstitutional changes to the judiciary. Disciplinary proceedings are by no means repressions that affect judges who demand that other authorities respect the rule of law in Poland. The article discusses, on a step by step basis, the practical mechanisms taken by the political authorities to break the rule of law in Poland. Particular attention is paid to the measures which have been taken concerning the judiciary. The article discusses the judgment of the CJEU on 19 November 2019 in combined cases C-585/18, C-624/18, and C-625/18 and the implementing resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 as well as the collapse of the rule of law in Poland from a practical perspective. The analysis of the recent events shows that after the so-called Muzzle Law (A bill amending the Act on the Organization of Ordinary Courts, the Act on the Supreme Court and the Act on the National Council of the Judiciary was submitted on 12 December 2019, and then voted on by the parliamentary majority in the lower house of the Polish Parliament (Sejm) on 20 December 2019.) came into force, the application of the resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 implementing the CJEU judgment in the joined cases C-585/18, C-624/18, and C-625/18 of 19 November 2019 can be and, in fact, is penalized by further disciplinary proceedings, which constitutes a real threat to the already weakened rule of law. Institutions and, above all, judges who are safeguarding the rule of law are being destroyed.

A Sinner or a Criminal? The Judgment of Oleg Mavromatti under Article 282

This article discusses the performance events “Do Not Believe Your Eyes” (2000) and “Ally/Foe” (2010) by Russian artist Oleg Mavromatti in the framework of a single durational event that critiques the sacralization of public space in Russia. The public reception of the performances is mediated by attitudes toward Russian Criminal Law Article 282, the so-called law against religious offenses, in a sociopolitical climate where Orthodoxy is conflated with state patriotism. Through the appropriation of the colloquially resonant behavioral paradigm of the holy fool, the author analyzes how Mavromatti’s performance event critiques the concept of “judgment” (by an Orthodox state and by an Orthodox public) from within a culturally resonant religious tradition. The artist’s intervention calls for a secular separation of church and state, but by doing so from within a religious tradition, it illuminates the function of the postsecular as a mode of engagement in contemporary Russian culture.

Ouderling en Oud-Ouderling Sarel Cilliers

Sarel Cilliers as an elder or former elder in church: The well-known Voortrekker Sarel Cilliers was in the first place not recognised as a military or cultural leader, but a spiritual leader and respected elder in church. Apart from his emotional approach to the affairs of the Dutch Reformed Church of which he was a member in a congregation, Cilliers was a reformed member who strifed to obey the Bible, the Reformed confessions of faith and the so-called law of his church. Cilliers was chosen to take the lead when the Voortrekkers made a covenant with God before the Battle of Bloodriver in Natal on 16 December 1838. This covenant was initiated by the then leader of the Trekkers, Andries Pretorius. Cilliers did his work as an elder truthfully and with enthusiasm. He was strict and truthfull in his visits to church members and represented his congregation on major assemblies. In these assemblies fellow church members treated him with respect. Cilliers was an elder in a church which had to be settled in the interior of South Africa, often under abnormal circumstances. He sometimes had to do tasks of the minister of the congregation as well. Sarel Cilliers became known as a special elder in church. Contribution: This article gives an insight in the view and practice of the office of the elder in the Dutch Reformed Church in pioneer circumstances in the 19th century. It opens an assessment of this office for implementation in recent times. Apart from that the article sheds light on truthful understanding of the vow of Afrikaners at Blood River in 1838. This matter remains a point of discussion in recent times.

A Short Assay on the So-called Prosecutors Reform Legislation

검찰에게 과도하게 집중된 수사권을 견제하기 위하여 고위공직자에 대한 수사기구를 신설하는 소위 “고위공직자범죄수사처 설치 및 운영에 관한 법률”을 제정하고 올 7월 시행을 앞두고 있다. 더 나아가 검찰의 기능을 기소에 국한하고 예외적인 사안에 대하여만 직접 수사를 인정할 뿐만 아니라 검사 작성의 조서의 증거능력을 제한하는 형사소송법 개정을 단행하였다. 이러한 일련의 입법이 국민의 기본권 보장과 기본적 생활안전보장에 적절한 것인지 다시 검토해야 하는 중요한 시점이라고 할 것이다. 이에 더 이상 실기하지 않고 국민의 기본적 생활안전보장을 위하고 법경제적인 효율성을 담보할 수 있는 제도가 마련되었는지 따져보는 것이 필요하다. 입법화된 공수처가 어떠한 모습을 갖추어야 제 기능을 발휘할 수 있을 것인지 다시 검토하여야 하며, 경찰수사권 독립의 전제조건이라고 할 수 있는 경찰수사권의 진정한 독립이 이루어질 수 있는 추가 입법작업이 이루어져야 할 것으로 보인다. 더 나아가 검사작성의 피의자신문조서의 증거능력 하향은 그 목적에 걸맞을 수 있도록 실체적 진실발견을 위한 추가입법이 필요하다고 생각된다.In order to check the excessively concentrated investigation rights to the prosecution, the so-called Law on the Establishment and Operation of the Criminal Investigation Department of Public Officials was enacted and is about to be implemented in July this year. The prosecution s function was limited to prosecution, and the investigation was recognized only on exceptional matters, Furthermore, the criminal procedure law was revised to limit the evidence of the report of the inspection. It is an important time to review whether a series of legislation is appropriate for the guarantee of basic rights and basic safety life of the people. It is necessary to examine whether a system is established to guarantee the basic life safety of the people and to guarantee legal and economic efficiency It is necessary to review again what kind of institution should be able to exercise its function, and further legislative work should be done to achieve the true independence of the police investigation right, which is a prerequisite for the independence of the police investigation right.

Political Theology, Religious Diversity and the Nature of Democratic Citizenship

Following the terrorist attacks in France in 2015, President Hollande proposed adopting the so-called law of “deprivation of nationality” for persons who had committed actions against the “fundamen...

A critical analysis of corruption and anti-corruption policies in Italy

Purpose This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movements” (so-called bribe-destroyer law). Design/methodology/approach This paper draws on reports, legal scholarship and other open-source data to examine a legislative innovation for the corruption in Italy in relation to the general guarantees of the trial process and with the controversial paradigm of the national perception index of bribery. Findings The Italian legislative initiative that will be examined is innovative in nature and goes beyond the constitutional and conventional principles on procedural guarantees. The new initiative needs to be integrated into the international and European action against bribery that targets criminal proceeds, and at the same time, be anchored in respect for human rights during the process. Research limitations/implications The new initiative needs to be integrated into the international and European action against bribery that targets criminal proceeds, and at the same time, be anchored in respect for human rights during the process. Practical implications Despite the aggressiveness and lofty proclamations by those who aspire to fight corruption from the highest levels, the goal of rehabilitating Italy from one of the seven “deadly sins” that delay economic growth still seems far off. Social implications In the absence of public ethics, the increase in criminalisation does not seem sufficient on its own to guarantee the containment of the phenomenon. Originality/value This study examines the strengths and weaknesses of the important new law, its compatibility with human rights standards and its relationship to international standards of anti-bribery policies. The aggressive legislation critically relies on the pervasive and persistent lack of perception of corruption as a crime. In the confiscation (and now also reparation) of equivalent that normally addresses assets accumulated in a lawful manner, the periculum is even presumed in re ipsa and the classical aims of caution undergo a total torsion revealing an authoritarian face that takes on the meaning of anticipating further sanctioning contents. Finally, the presence of many levels of sanctioning in relation to the same fact poses serious problems of violation of the ne bis in idem rule.