Specific Provisions Research Articles

НОРМАТИВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ ПОСТУПАЛЬНОГО РОЗВИТКУ БІБЛІОТЕК В УМОВАХ ПАРТНЕРСЬКОЇ СПІВПРАЦІ

The article examines specific provisions of regulatory legal documents governing partnership cooperation, including cooperation between libraries and state bodies, public organizations, benefactors, and patrons. Attention is drawn to the activities of domestic libraries during wartime, priority directions of their work are identified, particularly those directed towards volunteers, charitable organizations, and residents of local communities. The social, political, and economic changes that have occurred in Ukraine in recent years have led to changes in the activities and interaction of state bodies, state and public organizations, institutions, and individuals. Partnership between various entities involved in these processes, including libraries, is gradually acquiring new features. An important component of the activities of domestic libraries becomes social partnership, which defines cooperation between libraries and various societal actors, including governmental bodies, educational institutions, non-governmental organizations, benefactors, and philanthropists, etc. It is noticeable that recently the majority of Ukrainian libraries are more often establishing cooperation with volunteer movements, not only with public organizations of cultural, educational, or social orientation. A significant amount of work by library staff is directed towards interaction with local communities, which have increased over the past two years due to internally displaced persons. The positive results of successful work by library institutions on social partnership issues are shaped by an up-to-date and high-quality regulatory framework. The legislative framework for library activities is defined by the Laws of Ukraine, Resolutions of the Cabinet of Ministers of Ukraine, orders of the Ministry of Culture and Information Policy of Ukraine, directives of Departments or Offices of Culture, Youth and Sports of regional state or military-civil administrations, as well as local regulatory documents of districts and communities. Libraries are gradually transforming into centers for engaging the public in participation in innovative projects, becoming hubs for the development of community members' personal creativity, collaboration with various social institutions. They are modernizing the forms and methods of library work into more creative, intellectual ones, which attract the attention of schoolchildren, youth, and adults. Today, library institutions, operating within the framework of current legislation, seek and utilize various forms and methods of cooperation to improve their financial status, popularize their work, and provide access to information technologies. Key words: social partnership, library partnership, regulatory documents, legislative acts, volunteering, cooperation, social institution, library, non-governmental organizations, charitable organizations, patronage, legal support

مبدأ المساواة بين الرجل والمرأة وفق قانون الجنسيّة المغربي رقم 62.06: دراسة مقارنة

Gender equality between men and women is considered one of the fundamental principles recognized in domestic legislation, international agreements, and conventions. These legal frameworks include specific provisions advocating for complete equality and the elimination of all forms of discrimination against women regarding the acquisition, change, or retention of nationality and their ability to grant it to their children. Islamic law , being at the forefront, was ahas pioneered in the granting dedication of equality in rights and duties. However, certain nationality laws still contain discriminatory provisions against women. This research , addresses this ining two main points: first, the principle of gender equality in nationality considering women as mothers, and second, the principle of gender equality in nationality considering women as wives. Moroccan legislators, through Law 62.06, have set limits to prevent discrimination between Moroccan men and women in granting original Moroccan nationality to their children. This legal equality extends to individuals born to either a Moroccan father or a Moroccan mother, contributing positively to the advancement of women's rights in various fields. Nevertheless, a comprehensive review of nationality law is necessary to ensure alignment with the complete gender equality principle. The Moroccan legislature should demonstrate full commitment to gender equality in aspects such as acquisition, loss, recovery of nationality, and granting it to children or foreign spouses. It is crucial for the Moroccan legal system to intervene, providing all necessary legal measures to guarantee full equality and mitigate the risks of statelessness. This involves removing all restrictions hindering complete equality in granting nationality to children and allowing Moroccan women to transfer their nationality to their children and foreign spouses. This necessitates Morocco's adoption of the 1957 Convention on the Nationality of Married Women.

Development of criminal procedure law of Armenia out of the law (extra legem) and contrary to the law (contra legem)

The article discusses questions of the development of criminal procedure law contrary to the criminal procedure Code of the Republic of Armenia (Code) (contra legem) of theoretical and practical significance. In the first part of the article, the author presented the content of the concept of «law (Jus) interest», which is used in the Codes of 1998 and 2021. The author considers a value-based approach to the concept of «law (jus) interest» possible only in conditions of a broad law understanding. If any provision of the Code is clearly (blatantly) opposed to law principles expressing the essence of criminal procedure law, then the only addressee of the legislative requirement to be guided by the interest of law is institutionally and functionally independent of the executive branch court (1), which can act contrary to a specific provision of the Code, but in accordance with the principles of law (2). The second part of the article presents the views of the law of Russian processalists A.S. Alexandrov and L.V. Golovko, and also examines whether these scientists consider the development of procedural law permissible contrary to the Code or not. In the third part of the article, it is noted that the judges of the RA, as a rule, avoid directly mentioning in their judicial acts, according to which methodology they carried out the development of law: by an expansive interpretation, by means of extra legem or contra legem law development. The author briefly presents his approaches to the differentiation of law development institutions: spatial interpretation of the law, outside of the law (extra legem) and contrary to the law (contra legem). The article also discusses various examples of the development of criminal procedure law contrary to the Code by the Court of Cassation of the RA.

Public Policy Exceptions and the Balancing Act: Examining Zambia’s Corporate Insolvency Act in Cross-Border Cases

This article explores the interplay between public policy exceptions and international cooperation in cross-border insolvency situations. It focuses on Section 148 of Zambia’s Corporate Insolvency Act (2017), which empowers the High Court to refuse involvement in such cases based on public policy concerns. The analysis examines the rationale behind public policy exceptions and explores potential areas of concern that might arise in cross-border insolvency, such as environmental regulations or labour standards. It then delves into the specific provisions of Section 148, including the role of the Attorney-General. Furthermore, the article critically evaluates how Zambia’s approach to public policy exceptions balances the need for international cooperation in insolvency matters. It compares Zambia’s framework with established models or practices in other jurisdictions. Finally, the article suggests potential improvements to Zambia’s Act to achieve a better balance and enhance its effectiveness in handling cross-border insolvency cases.

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.

법률의 변경과 법률의 시적 효력

If it is a natural request of criminal justice for the sentence to apply the law with a light sentence for defendant, Article 1, Paragraph 2 of the Criminal Act is only a declarative and cautious provision as in Paragraph 1. As a result, it is the court's duty to apply a more advantageous law to the defendant by comparing the severity of the sentence when there is a change in the law, just as the constitution naturally applies the principle of action even if Article 1 (1) does not exist.
 However, in some cases, the law restricts the scope of the time effect of the law, which is called the temporary law. However, since the temporary law is not a request for criminal justice as above, the basic principle that the law with a light sentence for defendant is applied cannot be applied even if there are no special provisions in the criminal law. However, the temporary law also seems to have a change in the state of the law in that the law becomes ineffective at the time limit. For this reason, the Supreme Court did not distinguish between changes in laws and temporary laws.
 However, through the Supreme Court's ruling on December 22, 2022, 2020 Do 16420, the Supreme Court clearly distinguished the change of law from the temporary law, and clarified the view that Article 1 (2) of the Criminal Act is subject to “the change of law,” and the temporary law is not applicable. As a result, the previous wrong practice of not distinguishing between the opening and closing of the law and the temporary law has been corrected, but there is still controversy over the temporal effect of the temporary law. In this regard, there are opinions criticizing the recent attitude of the Supreme Court, but if the Supreme Court had judged the effect of the temporary law in the 2020 Do 16420 ruling, it would have to be criticized as “judicial activism.” This is because if the court interprets and engages in even the parts that were not problematic in the case, the judiciary is an active attitude to play the role of the legislature. And this clearly violates the principle of separation of powers.
 Nevertheless, in the analysis of the 2020 Do 16420 judgment, it is theoretically reasonable to deal with the temporary law in relation to the application of Article 1 (2) of the Criminal Act. This is because the problem of the temporal effect of the law due to changes in the law includes the temporary law. Therefore, first of all, the Supreme Court's attitude to the target judgment is analyzed, and after distinguishing the difference between the change of the law and the expiration of the law's effect, the criminal interpretation of temporary law is analyzed.

1834년 신빈민법의 이데올로기적 양면성과 그 실제

This paper seeks to trace the ideological trends surrounding the enactment of the New Poor Law and explore the essence of the act itself and the changes it brought about. The Swing Riots of 1830 sparked a substantial demand for reforming poor laws, resulting in the organisation of the Royal Commission into the Operation of the Poor Laws. Edwin Chadwick, a Benthamite, and Nassau Senior, a liberal political economist, played key roles in leading the compilation of the final report of the commission that served as the foundational material for the New Poor Law. Their divergent ideological orientations translated into the dual nature of the act. Utilitarian Benthamites prioritised expanding government functions, the growth of bureaucracy, and the restructuring and rationalisation of administrative structures as needed. On the other hand, advocates of classical liberalism, who championed laissez-faire, emphasized minimizing government intervention, local autonomy, and economic individualism. The specific legal provisions of the New Poor Law and the socio-economic changes following its enactment were an exquisite compromise between these two ideologies. According to the act, a central authority specialising in poor administration was established. Locally, the parish-based Old Poor Law system was dismantled, and poor law unions took the place of parishes, establishing large joint workhouses. These structural changes clearly aligned with the direction pursued by the Benthamites. At the same time, in specific matters, the New Poor Law, however, embodied elements of classical liberalism. The newly established central authority performed only a passive supervisory role, and the operation of local unions still remained under the influence of local elites. The ultimate goal of the union workhouses was not the expected rehabilitation of or care for the poor but rather a deterrent effect. In conclusion, the 19th-century New Poor Law system encapsulated elements of classical liberalism within the Benthamite framework.

Tinjauan Yuridis Terhadap penjatuhan Pidana Penjara Dibawah Ketentuan Minimum Khusus Dalam Tindak Pidana Narkotika

One of the criminal regulations that adheres to a special minimum system is Law Number 35 of 2009 concerning Narcotics, with the threat of a special minimum penalty, the judge may not impose a penalty under the special minimum provisions. In the case of narcotics crime decided by the court, namely in verdict number 58/Pid.Sus/2022/Pn.Jmr, the panel of judges actually imposed punishment under the special minimum provisions. This study aims to determine the consideration of judges in imposing imprisonment under the special minimum provisions in narcotics crimes in decision number 58/Pid.sus/2022/Pn.jmr. in this study using normative juridical research methods with a legal, case, and conceptual approach. Based on the results of this study, the judge in deciding a case should be guided by the laws that have been established and the Supreme Court Circular Letter (SEMA) Number 3 of 2015 as a guideline for the implementation of duties for the court, but the judge in his decision imposed a sentence under a special minimum provision, based on this statement it can be concluded that the judge in imposing imprisonment under a special minimum provision in decision number 58/Pid.Sus/2022/Pn.Jmr is not in line with and contradicts Law Number 35 of 2009 concerning Narcotics and SEMA Number 35 of 2015

The Remuneration of Teachers and Researchers under Art. 21 of the Brazil-Poland Double Taxation Convention of 2022 in the Light of the Polish Treaty Practice

The aim of this paper is to analyze an exemption addressed to visiting teachers and researchers included in Art. 21 of the Agreement between the Republic of Poland and the Federative Republic of Brazil for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance signed in New York on 20 September 2022. The Brazil-Poland provision is compared with its equivalents included in agreements concluded by Poland with other countries. Clauses limiting or extending the application of the exemption, present or missing in Art. 21 of the Brazil-Poland DTC, are discussed. The said provision is also assessed against content and/or quality criteria that such a special provision should fulfill.

The liability of online intermediaries under European Union law

This research explores the complex and multifaceted issue of online intermediary liability. It illuminates the challenges arising from the absence of uniform regulations and the need for a collaborative system between online intermediaries and rightsholders. Specifically, the article scrutinizes the liability of online intermediaries under European Union law for violations of legal interests in online content. It strives to balance intermediary liability frameworks and fair competition, drawing attention to the relationship between specific provisions and the concurrent regime outlined in the e-Commerce Directive. Moreover, the article evaluates the consistency of liability frameworks for online intermediaries and their compliance with market functioning rules under the Trade Secrets and the Unfair Commercial Practices Directives. Furthermore, the article consults the consequences of the EU Directive on Copyright in the Digital Single Market, which holds online user-generated content platforms directly responsible for infringing content. And, unlike the original draft, the final version of this directive does not impose general monitoring obligations. Nevertheless, online intermediaries may need to implement filtering measures to avoid liability for unauthorized communication of copyright-protected works to the public. The writing also considers the impact of a prior legal framework, and the Digital Service Act established to address the issue of online intermediaries being held liable for any illegal information disseminated through their platforms. The research underscores the innovative features of the Digital Services Act, acknowledging the challenges of creating a practical legal framework striving to avoid conflicts with relevant laws. Therefore, this paper sheds light on the complex nature of online intermediary liability to the EU approach accordingly.

Perbandingan Fatwa Perkahwinan Beza Agama Antara Muzakarah Majlis Kebangsaan Bagi Hal Ehwal Agama Islam Malaysia Dengan Majlis Ulama Indonesia Dari Perspektif Maqasid Shari’ah (Comparison of Interfaith Marriage Fatwas Between the National Council for Islamic Religious Affairs Malaysia and the Indonesian Council of Ulema from the Perspective of Maqasid Shariah)

Interfaith marriage is not a new issue among Muslims. Yet, it has not been fully addressed due to differences in scholarly views. As a result of intermingling of Muslims with non-Muslims, interfaith marriages are difficult to avoid, which if not controlled, may lead to such marriages taking place against the true teachings of Islam. This study was a comparative study of the following three contexts: the background of interfaith marriages in Malaysia and Indonesia; haram and conditional fatwas between the fatwas of the National Council for Islamic Affairs of Malaysia and the Indonesian Ulema Council from the perspective of maqasid shariah and finally, the influence of both fatwas on the practice of interfaith marriages in Malaysia and Indonesia. Data collection was done through documentation and comparative methods, while data analysis was through descriptive qualitative methods using maqasid shariah as the main yardstick. The results of this study showed that fatwa of the Indonesian Ulema Council is more in conformity with maqasid al-shariah from the point of view of preserving religion and lineage compared to the fatwa of the National Council of Malaysia, which allows conditional interfaith marriages, as in the kitabiah descendants of Prophet Yaqub AS. Hence, from the implementation outlook, the fatwa of the National Council of Malaysia is more effective. The acts and laws regulating interfaith marriages in Malaysia are based on specific legal provisions while there are no rulings from the Indonesian Ulema Council. It is hoped that with the fatwa on interfaith marriage, lineage and Islam under al-kulliyyat al-khams for generations of Muslims in Malaysia and Indonesia, will be preserved and the strength of Muslims in various fields will be revitalised.

An Analysis of the Principal Purpose Test Rule and the General Anti-Abuse Rules Contained in the Brazil-Poland Double Taxation Convention Signed in September 2022

The paper deals with the analysis of the legal aspects of the principal purpose test rule (PPT-Rule) and the general anti-abuse rules contained in the Brazil-Poland Double Tax Convention concluded on 20th September, 2022, in the light of Brazil’s international tax treaty policy and practice. The Authors discuss issues related to the interaction between the PPT-Rule and other treaty specific anti-tax avoidance provisions as well as the objective and subjective elements of the PPT-Rule itself and the possible consequences of its application, especially challenges related to the legal certainty principle.

New advances in pediatric nephrology: ESPN 2023 results

On September 28 — October 1, 2023, the European Society for Paediatric Nephrology (ESPN) 55th Annual Meeting was held in Vilnius, Lithuania, where new achievements in the world of pediatric nephrology were presented. The program included 66 sessions with reports, continuing medical education courses, 117 invited speakers, meetings of working groups on various issues of pediatric nephrology were held, about 450 abstracts were printed and 292 poster presentations were discussed, inclu­ding two by authors from Ukraine. Courses for young doctors, preparing them for the international exam, and 5-minute reports by well-known specialists became interesting in the organization of continuing medical education, which significantly increased the amount of presented material. Among the innovative approaches in pediatric nephrology, the following drugs have been considered: finerenone (a selective non-steroidal mineralocorticoid receptor antagonist), sparsentan (an angiotensin/endothelin receptor antagonist) for Alport syndrome, focal segmental glomerulosclerosis, IgA nephropathy, dapagliflozin (a sodium-glucose cotransporter 2 inhibitor) for chronic kidney disease and pioglitazone for proteinuria. New approaches have been introduced: to IgA nephropathy — proteinuria control with angiotensin-converting enzyme inhibitors (ACEi), tonsillectomy, rituximab, eculizumab; to focal segmental glomerulosclerosis — plasmapheresis, rituximab (CD20), ofatumumab (CD20), abatacept (CD80/86), belatacept (CD80/86), daratumumab (CD38); to membranous nephropathy — proteinuria control with ACEi, rituximab, calcineurin inhibitors, glucocorticoids, cyclophosphamide; to membranoproliferative glomerulonephritis — proteinuria control with ACEi; to C3 glomerulopathy — proteinuria control with ACEi, eculizumab. Specific provisions of the BK polyomavirus (BKPyV) guidelines were considered, in particular, monthly screening for BKPyV-DNAemia in blood plasma is suggested until month 9, then every 3 months until month 24, after which additional screening every 3 months until the end of the third year after transplantation in pediatric kidney recipients (C, weak). In pediatric patients with stable renal function and high BKPyV-DNAemia, despite reduction in immunosuppressive therapy, we suggest consideration of renal allograft biopsy, as creatinine elevation may be decreased in children with significant renal involvement, including rejection (A, strong).

Involvement Of A Forensic Expert By A Defense Counsel During Pre-Trial Investigation

Ensuring equality between parties and adhering to the adversarial principle is crucial, necessitating the availability of all procedural mechanisms to observe the rights and legitimate interests of both the defense counsel and the prosecution. Given the declarative nature of specific provisions outlining the procedure for involving a forensic expert by a defense counsel during the pre-trial investigation stage, the Article Purpose is defined as clarifying the specifics of involving a forensic expert by a defense counsel to conduct a qualified forensic examination at the stage of pre-trial investigation, presenting problematic aspects of such activity. Based on the analysis of investigative and judicial practices, proven methods for involving a forensic expert by a defense counsel have been identified. Recommendations have been formulated on the procedure for appealing against decisions by investigators and prosecutors to refuse to grant a motion for a forensic examination.

Health policy in the European Union

The purpose of this article is to present the problem of medical law in European terms. This article discusses the topic of European Union health policy. The history of EU integration in terms of the law governing medical standards will be traced. Specific provisions of the treaties and the most important directives will be discussed as well as landmark cases decided by the CJEU. Another element of the article is a summary of the community’s activities in terms of EU funding for health programmes through the European Health Plans. The change in funding and the emphasis on different is gradually transforming the way EU health policy is viewed. The article explains how the EU’s solutions work and the phenomena occurring within it, and this translates into understanding and being able to create future solutions that are better for Europeans.

The Concept of Lineage, Types of Lineage and a General Evaluation of the Establishment of Lineage

The aim of this study is to examine the legal and bioethical problems that arise in the field of lineage in our Civil Law. While these problems were examined, the concept of lineage, its types, the establishment of paternity and its provisions were discussed theoretically. Comparisons were made to better understand the development of the problems. With the entry into force of the new Turkish Civil Code(TCC) No. 4721 on January 1, 2002, very important changes were made. One of the most important changes among these changes is the changes made in the field of "lineage Law". With our new Civil Code, the concepts of valid lineage and non-authentic lineage have been abolished and only the concept of "lineage" has been included. An attempt has been made to envisage common provisions between the child born within marriage and the child born outside of marriage and to minimize privileges. In order for the provisions of lineage regulated in Articles(art.) 321-334 of the Turkish Civil Code to be implemented, lineage must be established between the child and the mother and father. In order to establish lineage in the Turkish Civil Code, a blood bond or an adoption relationship is required between the child and his/her parents. Family lineage based on blood ties; birth from the mother's side, paternal lineage between the child and the father; It can be established through marriage with the mother, recognition, judgement, and adoption. Paternity case; It is filed by the mother and/or the child against the man who is claimed to be the biological father of the child. If the child has a lineage relationship with another man, a lineage relationship cannot be established between the biological father and the child by recognition. In terms of the provisions of paternity in the Turkish Civil Code, no distinction is made according to the way in which the filiation based on blood ties was established between a person and his parents, and whether the person was born within or outside of marriage. Children born within marriage and children born outside of marriage are considered equal in rights and duties in terms of their relations with their parents and are subject to the same provisions. These provisions of the Turkish Civil Code regarding paternity are also applied to the adopted child in cases where there is no special provision regarding adoption. In the study, although it is not very detailed, it has been tried to clarify the solution of the problems related to the determination of lineage by making use of the new Civil Code and the views in the doctrine.

A European Panorama on the Copyright Status of Stage Directors

The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions states outright in its guiding principles that culture is one of the main aspects of development, which is as important as its economic aspects, and which individuals and people have the fundamental right to participate in and enjoy. Theatrical productions are one of the best-selling forms of entertainment. From a cultural and artistic perspective, they are one of the oldest methods of expression which, in addition to self-expression, is also a mirror of the social and political order. The aim of this article is to present the theoretical, legislative, and jurisprudential positions on the copyright situation of the theatre director. The focus of the article is on the question of how the legal status of the theatre director is settled and regulated in different European legal systems. In several European countries there are no specific legal provisions on this matter. This article is organized as follows. First, the historical and cultural aspects of theatrical productions are introduced. After that, the most important copyright law features of dramatic works are reviewed, together with an overview of some European laws. In the core of the article, the current legal situation – and possible copyright law solutions for theatre directors – are elaborated.

The Legal Muddle Over Healthcare Fraud in Malaysia

This article is an analysis of whether the current law in Malaysia is sufficient to tackle healthcare fraud. The main problem of healthcare fraud in Malaysia context is the lack of specific provisions to combat it. The objective of the article is to highlight the gap in the laws by comparing the available local law and the laws in the United States of America. This article will cover the discussion on what is healthcare fraud, the forms of healthcare fraud as well as their effects. It will analyse the available legislation on healthcare fraud between the United States and Malaysia. Several types of healthcare fraud are identified such as billing schemes, kickbacks and medical identity theft. Several types of hospital fraud are identified, for example unnecessary procedures, corruption and unauthorised practice. The article’s finding manages to identify several deficiencies in the law concerning anti-fraud law, anti-kickbacks law, cybercrime law and medical negligence. These weaknesses stem from inadequate laws where they are not specific to the fraud involved. Several recommendations are provided in addition for improvement. To conclude, there is limited data of healthcare fraud to prompt any strengthening of current laws because the current laws does not encourage prosecutors, whistle-blower or victim to report healthcare fraud. A systematic data collection is necessary to further advance the cause in fighting healthcare fraud.

Rutting Performance Evaluation of BMD Surface Mixtures with Conventional and High RAP Contents under Full-Scale Accelerated Testing.

The balanced mix design (BMD) constitutes a significant step forward in the pursuit of better-performing asphalt mixtures. This approach/framework offers increased innovative opportunities for the proper design and production of engineered asphalt mixtures without the need to strictly adhere to traditional volumetric requirements. The primary objective of this paper is to conduct a comprehensive investigation of the permanent deformation (rutting) behavior of surface mixtures (SMs) with conventional and high reclaimed asphalt pavement (HRAP) contents through full-scale accelerated testing under incremental loading conditions while accounting for the environmental aging effect. HRAP SMs were designed in this study, marking the initial application of Virginia Department of Transportation (VDOT) BMD special provisions, with attempts to incorporate 45% and even 60% RAP. Results showed that all BMD HRAP mixtures exhibited higher rut depths compared to the control mixture, which can be attributed to the inclusion of high binder contents aimed at enhancing cracking resistance. The asphalt pavement analyzer (APA) rut test and the stress sweep rutting tests were performed on mixtures sampled during production. Correlation analysis revealed significant and strong positive correlations between accelerated pavement testing (APT) and the multilevel laboratory rutting performance tests considered in this study. Finally, while acknowledging the limitations and all the assumptions considered in this study, the correlation analysis recommended refining the VDOT BMD APA rut depth threshold by lowering the current limit of 8 mm to 7 mm to ensure good performing mixtures from a rutting point of view.

Discrepancy Between the Object of Reporting Obligation for Banks Under Anti Money Laundering Law and That Which Must Be Kept Confidential Under Anti-Tipping Off Provisions

Based on anti-tipping off provisions, the object that must be kept confidential by the reporting party (inter alias, the Bank) is information related to Suspicious Transactions Report (STR). Meanwhile, things that become the object of reporting obligations for banks also include cash financial report (CTR), and international funds transfer instructions (IFTI). This paper will discuss the legal problems that arise and the paradigm that needs to be formed regarding the discrepancy between objects of reporting obligations for banks based on AML laws and objects that must be kept secret under anti-tipping off provisions. This paper was formed using normative research methods with conceptual, statutory, and comparative approaches. In this paper it is concluded that: (a) the legal problems that arise related to the issues discussed in this paper are that there are no specific provisions that expressively can be appointed if there is a disclosure of the fact related to CTR or IFTI; and (b) The paradigm that needs to be formed regarding the issues discussed in this paper is that Article 12 of the AML Law (anti-tipping off) is applied to violations of disclosing STR. Meanwhile, for the disclosure of CTR and IFTI, the provision that was applied was Article 11 of the AML Law.