Special Order Research Articles

О возможности признания публично-правовых образований и лиц, выступающих по их специальному поручению, контролирующими должника и привлечении их к субсидиарной ответственности

One of the central legal concepts of insolvency (bankruptcy) as a complex branch of legislation in Russia is the so-called “controlling debtor”, which appears in disputes on bringing to subsidiary liability in bankruptcy proceedings. Traditionally, legal science and judicial practice consider as such individuals and legal entities that may determine the debtor’s behavior by virtue of legal or actual affiliation with the debtor. However, public-law entities and persons acting on their special instructions in the debtor’s management bodies escape from the field of view of doctrine and practice. In this connection, the authors in this article analyze the possibility of bringing public-law entities and persons acting on their special instructions to subsidiary liability within the framework of the Federal Law “On Insolvency (Bankruptcy)”. In the course of the study, the authors come to the conclusion that it is necessary to distinguish between subsidiary liability of public legal entities and persons acting on special instructions in the debtor’s management bodies. on special assignment in the debtor’s management bodies. In addition, the authors give a negative assessment of the possibility of bringing to subsidiary liability persons acting in the management bodies of the debtor by special order and on behalf of publiclaw entities, since there is no guilt - one of the mandatory elements of the offense. The relevance of the article consists in revealing the peculiarities of bringing to subsidiary liability of persons acting on special assignment on behalf of public-law entities.

Everyday Dishes from Corn Flour and Groats in the Nutrition of Ukrainians of East Podolian Prydnistrovia in the Late 19th – Early 21st Centuries

The article is devoted to the consideration of an integral component of the traditional daily ration of Ukrainians of East PodolianPrydnistrovia – dishes from corn flour and grits, known as a mandatory food for every day during the late 19th – mid 20th centuries, and some of them (for food variety) are still cooked. The work is based on the analysis of ethnographic works, published sources and the corpus of own field materials (interviews with respondents), recorded during the expeditions to the border settlements of Vinnytsia and the north of Odesa regions in 2013–2016. The author is describing the features of cooking the most common corn products – mamalyha and malai. The gastronomic difficulties of life support under extreme circumstances are considered partially. In particular, attention is focused on the consumption in the region of baderevka and badevka, those are rather modest in terms of nutrition boiled liquid soups with corn flour, and which saved Ukrainians during the difficult times of the post-war famine of 1946–1947. The materials of the conducted research have made it possible to confirm the generalizations of ethnologists-researchers of the Ukrainian-Moldovan borderlands and our preliminary conclusions (based on the study of other components of the life-support system) that in the space of the ethno-contact zone (in particular, in the Transdnistrian territories of Eastern Podillia) a typical ethno-specific food complex partially loses its differentiating function and acquires a special format that combines similar or jointly created ethnocultural practices of both Ukrainians and Moldovans. The analysis of the author’s expedition materials, in addition to the factual disclosure of the subject, also serves as a basis for the spatial characterization of the names and realities of this block of ethnoculture, visualized with the help of a special map scheme introduced into scientific circulation. The concluding remarks outline the prospects for implementing the results for modern cultural preservation practices, primarily in the Vinnytsia and Odesa regions.

Proses Negosiasi Antara UMKM A.M Tahu Dan Pemasok Bahan Baku Produksi

SME’s are an industry that play an important role in the Indonesia’s economic development. A.M Tahu as one of SME’s have problems in fulfilling raw materials. The existence of special orders and moral hazard from suppliers were often obstacles in the production process so that A.M. Tahu is needed to make a negotiation process to get affordable prices, good quality, and flexibility in the quantity of raw materials with a limited choice of suppliers. The negotiation process certainly does not immediately reach the desired agreement, but efforts need to be made to convince both parties. The research aims to determine the negotiation process that occurs between A.M Tahu and raw material suppliers in reaching agreements. The types of data used in this study are primary and secondary data using AHP (Analysis Hierarchy Process) analysis methods and qualitative descriptive. The results showed that the negotiation process for A.M Tahu has several stages in reaching an agreement between the two parties, including starting from preparation, meetings, offers, and finally agreements. A.M Tahu gets a more convenient raw material price of Rp3,000 per kilo than the price should be, soybean quantity flexibility, and good quality assurance of soybean grain raw materials. A.M Tahu is also prioritized to choose suppliers who are outside the sub-district, and make raw material variables the main thing to consider in supplier selection.

Convexity of solutions to elliptic PDE's

This article concerns the convexity or concavity of solutions to special second order elliptic partial differential equations in convex domains. We concentrate our investigation to boundary blow up solutions as well as to solutions of particular singular equations. Following a method due to Korevaar and Kennington, we find a new sufficient condition for proving convexity or concavity. This sufficient condition is useful when the semilinear component of the equation is the sum of two or more terms. For more information see https://ejde.math.txstate.edu/Volumes/2024/51/abstr.html

The assessment of wemaps audit requirements based on deep learning

ABSTRACT As a specialized map product, Wemaps must comply with relevant laws and regulations. Map audit plays a crucial role in ensuring map quality by preventing the production and dissemination of problem maps, as well as safeguarding national sovereignty, security, and interests. The user base for Wemaps is diverse, encompassing various types of maps, vast amounts of map data, and high expectations for timely dissemination. However, the current map audit process is inefficient and burdensome, failing to meet the specific needs of Wemaps audits. The key to solving this problem lies in the ability to automate and rapidly assess the audit requirements of Wemaps, approving those that require audit and promptly releasing those that do not. This study aims to establish an automated Wemaps audit assessment model using convolutional neural networks and transfer learning methods. By doing so, the burden of map audit can be reduced, and dissemination efficiency can be improved. The main contributions of this study are as follows: (1) Establishment of a dataset for assessing Wemaps audit requirements. (2) Utilization of VGG16 and ResNet50 neural network models for assessing Wemaps audit requirements; (3) Development of an optimal Wemaps audit assessment model through various experiments and training methods. (4) Analysis of factors influencing audit assessments based on measurement indicators and visualized results of the model. The experiments demonstrate that this method achieves high accuracy and can provide assessment services for public map audit requirements.

Food city Ho Chi Minh City: designing relational mapping of the culture of place

ABSTRACT This research investigates the novel design and implementation of a relational mapping of city spaces, based on research conducted in Ho Chi Minh City, Vietnam. The experimental mapping employs relational methods of exploration to document and understand the city. A special Memefest mapping workshop used food as a key medium for some of the relationships that underpin the culture, community, and the city itself. This paper outlines the design of a sensory based exploration and creative mapping of food culture in Ho Chi Minh City and puts special emphasis in the atmospheres that are created through the relations between food, community, and the structures that underlie these. Lastly the paper shows an example of installations and explains how they work as (post) representational maps of relations and atmospheres.

Intuitionistic S4 as a logic of topological spaces

Abstract We design and study various topological semantics for the diamond-free intuitionistic modal logic $\textsf{iS4}$, an intuitionistic analogue of $\textsf{S4}$. Ultimately we prove that ordinary topological spaces can be used as semantics, using the specialization order to interpret intuitionistic implication and the interior for the modality. Some of our soundness and completeness results are mechanised in Coq.

Jahn–Teller effect driven dielectric anomaly and intrinsic magnetodielectric behaviors in nickel chromate

Some spinel chromium oxides with the chemical formula ACr2O4 exhibit magnetic-induced multiferroicity due to the special spiral spin order. However, because of the relatively low temperature of the ordered spiral phase, this kind of multiferroicity generally displays a limited coexistence of magnetic and ferroelectric orders in a narrow temperature range. The Jahn–Teller (JT) effect, serving as a crucial link between charge and orbit degrees of freedom, can facilitate efficient modulation of multiferroic properties. In this work, Ni1−xCuxCr2O4 (0 ≤ x ≤ 0.2) series are synthesized by occupying the same Wyckoff site with two kinds of JT ions. The microstructure and JT distortion can be distinctly influenced by varying the doping level of Cu2+ ions. Particularly, Ni0.85Cu0.15Cr2O4 (x = 0.15) presents the pronounced JT distortion, accompanied by observation of dielectric anomaly at ∼78 K, resulting from spin–orbit coupling. This implies that the JT effect can significantly promote the contribution of spin–orbit coupling in magnetoelectric correlation. Moreover, the magnetodielectric effect induced by intrinsic magnetoelectric coupling is confirmed in Ni0.85Cu0.15Cr2O4 over a wide temperature range of 10–200 K, which is much higher than the Néel temperature of ∼85 K. It indicates that spin–orbit coupling based on the JT effect could overcome the constraint of magnetic order to achieve effective control on electric polarization performance under an applied magnetic field, thereby showing broad application prospects.

TRANSFORMATION OF REPRESENTATION IN LABOR LAW

The article describes the changes in labor relations in Kazakhstan. Legislative body actively changed labor relations. The article investigates the changes in the institution of "representation", manifested in the issues of collective bargaining agreement (CBA).|The research reveals that the relations of the employee and his representative have a special order. With the beginning of the twenty-first century, the staff has much less legal tools to control and influence the text of the CBA. The will of a staff in a CBA is expressed weakly and indirectly. The analysis demonstrates that the number and scope of employees' rights in the process of drawing up and entering into a CBA has decreased. The authors conclude that the representation of employees in the XXI century has undergone significant changes.

Editorial of the Special Issue Digital Soil Mapping, Decision Support Tools and Soil Monitoring Systems in the Mediterranean

Editorial of the Special Issue Digital Soil Mapping, Decision Support Tools and Soil Monitoring Systems in the Mediterranean

Вплив геологічних структур на характер русел правобережних приток річки Дністер

The proposed study aims to determine the influence of geological structures on the features of the channels of the largest right-bank tributaries of the Dniester River - the Stryi, Bystrytsia, and Limnytsia rivers. For this purpose, we conducted zoning of the river based on morphometric and hydrological characteristics. Three parts were identified: mountainous, pre-mountainous area and plain area, which differ significantly in channel properties, their changes over time, and deformation processes. Objective. Based on remote sensing images of various resolutions, the use of historical maps over time, and specialized maps, to investigate the nature of the channels of the right-bank tributaries of the Dniester: Stryi, Limnytsia, and Bystrytsia, from their sources to the estuarine part where they flow into the Dniester River, depending on the geological and lithological features of the surface. The main research methods involve the transformation of various materials from remote sensing, historical, and special maps for the purpose of studying specific phenomena of river processes. The methodology involves the preparation of input materials, including historical topographic maps, geological maps, satellite images, maps and images georeferencing, satellite image processing, river channel vectorization, analysis of river channels depending on geological structures. Results. Considering the morphology, valley width, manifestation, and development of channel processes, the Stryi, Bystrytsia, and Limnytsia rivers were categorized into three sections: mountainous, pre-mountainous and plain area with developed accumulative forms. In the mountainous section, all three rivers have single channels, while in the pre-mountainous section, multichannel patterns are observed, which have decreased from the 19th to the 21st century in terms of the width of multichannelity and the number of channels. This indicates a decrease in the flow modulus. For the plain sections of channels with undeveloped accumulative forms, a clear tendency towards dependence of channel type on structural-lithological features is traced. Originality. The paper has established the dependence of channel processes of right-bank tributaries of the Dniester River on geological and sedimentological structures of the Skole Beskids and Subcarpathian Depression. Practical significance. The results of monitoring channel processes need to be considered in addressing a range of tasks, including the construction of hydraulic structures, designing power transmission networks at river crossings, developing gas pipelines, determining flood zones, assessing the consequences of erosion after floods, land reclamation, establishing water protection zones, managing recreational and border lands, and establishing interstate borders along rivers.

A new quantum hydrodynamic description of ferroelectricity in spiral magnets

The strong coupling between magnetism and ferroelectricity was found in rare-earth manganites, where the electric polarization could be induced by special magnetic ordering. There is no theoretical model that would allow us to study the static and dynamic properties of electric polarization in strongly correlated magnetic dielectrics. In the presented research, we have taken the main step toward the construction of such a fundamental model and made a direct connection between the microscopic Katsura–Nagaosa–Balatsky theory and Mostovoy’s phenomenological model for magnetically induced polarization. A novel description of the ferroelectricity of spin origin is proposed within the framework of the many-particle quantum hydrodynamics method. It is applied to the study of cells of magnetic ions, where the electric dipole moment is proportional to the vector product of spins. Our approach is based on the many-particle Pauli equation, where the influence of an external magnetic field is considered. We define the electric dipole moment operator of the ion cell and introduce the macroscopic polarization as the quantum mechanical average of that operator. We formulate a model for the description of nonequilibrium polarization and derive a new polarization evolution equation. The polarization switching in ferroelectric magnets with the spiral spin-density-wave state is considered, and we demonstrate that the proposed model yields known results and can predict novel effects. The dynamic magnetoelectric effect can be investigated by employing this novel equation to study the evolution of polarization.

The Concentration of Emergency Competencies During the COVID-19 Pandemic in Hungary: A Lack of Effective Control

The COVID-19 pandemic has posed a major challenge not only to the effectiveness of health crisis management by national governments but also to the democratic functioning of states. This article describes how the institutional guarantees of the democratic exercise of power in Hungary malfunctioned. The operation of Parliament and local self-governments as representative bodies, the Constitutional Court, the Ombudsperson, and the courts as control- and judicial-type institutions will be analysed vis-à-vis the Hungarian Government's action. The study thus aims to reveal how the systematic challenges and diminishing role of local self-governments in collaborative crisis management are not an outstanding and isolated problem, but part of the systematic autocratic regime change in Hungary accelerated by the COVID-19-related special legal order.

Pricing Decision System for Custom Design Batik

The process of determining costs and prices in Make-to-Order (MTO) companies is generally complex because they make products according to special orders. Speed, accuracy, and consistency are necessary for a successful pricing estimation. Custom batik price, along with anticipated production time, is still done manually at the moment. Integration of design and manufacturing with computer-based was needed to produce custom batik products. This paper aims to develop a pricing decision system model for CAD custom batik motifs and written batik CNC machines used in the production processes. Customers can adapt their budgets by changing the parameters to suit their requirements and capacities using various price options. This model helps the customers to make buying decisions. The data and information were gathered through interviews, observations, and a literature review. The pricing decision system has been determined using the job order costing method, where prices are collected for each order separately according to the demand's identity or the order's cost. The system was developed through the prototyping process. This research has created a framework for determining the price for custom design batik based on 4 (four) parameters: the motif, the number of colors used, the type of color used, and the type (size) of the fabric used. Also, incorporating more comprehensive parameters has improved the system (motif size, number of colors, color selection, coloring techniques, and fabric sizes). The outcome of the calculation simulation demonstrates that the constructed model successfully calculated the unit price of products with accuracy. It shows that the system can be used in practical situations.

Issues of Improving the Order of Special Proceedings in Cases of the Consent of the Accused with the Charges

The author analyses some conditions for the application of a special trial procedure in cases when the accused agrees with the charges. The author also criticizes the opinion of those scholars who deny the necessity of including the guilty plea in the list of such conditions. It is argued that the consent with the prosecution as required by law cannot possibly be imagined without a guilty plea. The author examines the opinions of scholars regarding the practical implementation of the duty of the court to verify if the charge is supported by the necessary aggregate of evidence in a criminal case, in connection with which the importance of preparation to a court hearing is stressed. Using the theoretical analysis of doctrinal ideas on the due procedural mechanism of a special order of a court decision, the author makes specific recommendations on its improvement to ensure an objective and substantiated conviction.

Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic

This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Enrichment of the element free Galerkin method for cracks and notches without a priori knowledge of the analytical singularity order

We introduce a novel enrichment technique for the element free Galerkin (EFG) method to capture the infinite stress field around the crack or notch tip. The singular enrichment bases are built through a weighted residual application of the governing partial differential equation. A special mapping is used to adapt the bases with the singularities. These bases are used in a moving least squares approximation to enrich the smooth polynomial bases of the EFG within the singularity-dominated zone in an intrinsic approach. The novelty of the method is that no a priori knowledge of the analytical singularity order is required to reproduce the singular bases, but they are automatically built during the solution procedure. The diffraction technique has been used to model the discontinuity of the notch tip. The effect of various parameters, including the enriched region size, enrichment factors, nodal distribution and irregularities, has been examined. Validation of the method using available analytical solutions or finite element modeling, revealed that the proposed enrichment is quite effective and accurate for displacement and stress components.

Exploring special guardianship: experiences of school belonging from the perspectives of the young people, guardians, and designated teachers

ABSTRACT This research explores school belonging (SB) experiences of young people in the UK who live under the legal status of a special guardianship order (SGO). A high proportion of these young people have had adverse childhood experiences, some are care experienced. This research uses case study to triangulate the perspectives of the young people, their guardians, and designated teachers (DTs) to develop understanding of school belonging, and considers the implications for educational psychologists (EPs), school policy, and staff practice. Seven case studies were undertaken, each including a young person, their guardian/s and their school DT, resulting in 21 semi-structured interviews. A hierarchical structured approach was used in all adult interviews, and personal construct psychology techniques were used in young people’s interviews. Individual case data were analysed using thematic analysis. Superordinate themes generated included identity, fitting in, diagnosis, agency, individuality and association, school’s community connection, systems as obstacles, relationship and connection to others, protection and autonomy, school processes, support and features, and organisational change. The findings emphasise the broad influences on the school belonging of this group, including individual characteristics, peer and staff relationships, school processes, and the communication and interaction between school, home, and the wider community.

Comparative analysis of models of special legal regimes

The author deepens the knowledge about the models of special legal regimes and their historical and philosophical basis. The author highlights the genesis and characteristics of the models of special legal regimes: classical, «state of siege» and «marital law», which are the basis of national legal systems of modern states. The author identifies the common and distinctive features of the «state of siege» of the Romano-Germanic legal family and the «marital law» of the Anglo-Saxon legal family. The author establishes that the models of all special legal regimes are aimed at protecting the public interest and legitimate restriction of human rights and freedoms in emergency circumstances. The author points out that respect for the rule of law and legal procedures is an important characteristic of the «state of siege» which provides for specific constitutional regulation of extraordinary powers of the authorities, while «marital law» is included in the general legal order with enhanced control of the judicial branch. It is proved that a common unifying feature of these regimes is that they all recognize the fiduciary obligations of the State to protect such values as the constitutional order, sovereignty, territorial integrity, life and health of the population, and environmental safety. Both models are characterized by attention to the need to justify and proportionality of human rights restrictions. The author further develops the position that the fiduciary basis of relations between a person and the State when enacting special legal regimes is directly determined by the range of legal guarantees which the State undertakes to introduce and observe both at the international and national levels. At the same time, it is proved that none of the proposed models offers effective and universal measures to ensure human rights in the event of an emergency. The author establishes that the key difference between the «state of siege» and «marital law» models lies in different approaches to the consolidation and implementation of legal guarantees of human rights in the course of special legal order.

Organizational and methodological principles of orienteering competitions within the framework of the Shoulder-to-Shoulder All-Ukrainian School Leagues project

The article systematizes materials related to the organization and conduct of orienteering competitions in the conditions of a modern school. The authors focus on the fact that orienteering has a wide range of applications in various spheres of activity: sports, education, travel, military affairs. Special emphasis is placed on the practicality and accessibility of the use of this sport in competitions among schoolchildren. For the first time, an algorithm for organizing and conducting school orienteering competitions was developed.
 It is noted that the organization and conduct of orienteering competitions in wartime conditions has a number of peculiarities. Observance of safety measures, lack of methodical materials, as well as insufficient level of material and technical support of schools made it necessary to find available forms of organization of orienteering competitions. The result of the search was the development and approval of unified tasks that can be used at any location, even in the absence of a special map or scheme for orienteering. In addition, the authors suggested using the existing infrastructure (sports hall, school building, school yard) for orienteering competitions.
 Thanks to this research, a wide range of possibilities regarding the organization of trainings and competitions of the participants of the Shoulder-to-Shoulder All-Ukrainian School Leagues project was revealed. In addition, the developed methodical materials became the foundation of the educational and methodical film “Orienteering. The elementary level of education”, which was released in the second half of February 2024. This made it possible to expand access to methodological materials for a wide audience of specialists in the field of orienteering and physical education teachers.