State Practice Research Articles

Вопросы подведомственности споров третейскому разбирательству. Анализ законодательства балтийских государств (Латвийской Республики и Эстонской Республики)

The issues of jurisdiction of disputes between economic entities to be solved through the institution of commercial non-state arbitration and the competence of arbitration institutions to consider certain types of disputes are analyzed. As a continuation of the publication in the previous issue of the journal, the arbitration legislation and arbitration practice of the Baltic states of the former USSR, such as the Republic of Latvia and the Republic of Estonia, were researched and the activities of local arbitration institutions. There is an influence on genesis of the above states legislation of Soviet and Russian law, as well as the legal traditions of some states of the European Union, especially the countries of Western Europe and Scandinavia. The Baltic republics are characterized by formed market economy at a relatively high level. The institution of commercial arbitration, as a means of resolving economic disputes, is also quite developed and in popular in the legal and economic systems of the above states. This publication analyses the legal issues of arbitrability of disputes in legal systems of Latvia and Estonia, national and international legislation governing these issues. Conclusions have been developed about the main advantages and disadvantages of legal regulation of institution of arbitration in above states.

On Dealing with Outliers in Geometrical Measurements

Smart specification and verification of product geometry for manufacturing rely heavily on robust mathematical and computational support. This paper introduces statistical methods that are tailored to address the challenges facing the next generation of ISO GPS standards that govern geometrical product specification and verification. A key focus of this work is the handling of outliers, which are inevitable in industrial metrology. The paper begins by defining outliers based on established statistical literature, standards, and practices. It then explores the application of these concepts to the context of geometrical measurements in ISO GPS standards, while also considering the unique characteristics of structured multidimensional data under the Euclidean distance metric prevalent in this domain. By employing optimization theories and techniques in a unified formulation, the paper extends existing mean and rank-order statistical tools to present preliminary findings for structured data in multidimensions. Furthermore, it outlines potential future research directions concerning mathematical theories and computational techniques aimed at effectively applying median and rank-order statistics, and their incorporation into the future ISO GPS standards.

Until consensus: Introducing the International Cyber Expression dataset

Extant scholarship has until now relied on informal-theoretic, case study, and interpretative methods to assess patterns of norm development in cyberspace. Ideally, these accounts would be complemented with more systematic cross-national and longitudinal empirical evidence. To address this gap, this article introduces the International Cyber Expression Dataset. The dataset includes a corpus of more than 34,000 official expressions of view by states and their authorized representatives regarding the international politics of cyberspace. The article describes the sources of these data and demonstrates the dataset’s usefulness, with an Online appendix containing an exploratory analysis of norm convergence. Future research can leverage the dataset to empirically test questions of theory and policy. For example, the dataset can be used to study how foundational theories of norm diffusion apply to cyberspace. It can also be paired with existing cyber conflict datasets to study the conditions under which state practice influences cyber discourse, and vice versa.

Innovative Reform of Blended Teaching in Statistics Practice Class of Economics and Management under OBE Concept Orientation

Innovative Reform of Blended Teaching in Statistics Practice Class of Economics and Management under OBE Concept Orientation

НАУЧНЫЙ ИНСТРУМЕНТАРИЙ И ПРАКТИКА ИЗМЕРЕНИЯ ПРОИЗВОДИТЕЛЬНОСТИ ТРУДА: ОТРАСЛЕВОЙ И СТРАНОВОЙ ПОДХОДЫ

In recent years, research on labor productivity has become increasingly relevant due to the pressing issue of labor shortages. The implementation of the national project “Labor Productivity” has shifted research interest toward measuring productivity levels. This paper hypothesizes that the approaches to measuring labor productivity adopted in Russian statistical practice differ significantly from research methodologies and recommendations, failing to address the driving forces behind productivity growth. This raises the question of identifying the nature of these differences to correct the interpretation of measure-ments and to understand avenues for enhancing productivity. This article systematizes approaches and methodologies for measuring labor productivity while identi-fying the challenges of their application in statistical observations at industry levels and within the Russian economy as a whole. The authors employed systematic, comparative, and statistical methods for scientific analysis. The findings indicate that few of the methods for measuring labor productivity proposed by for-eign research are used in Russian statistical practice. This leads to a decrease in the possibility of conduct-ing research at the macroeconomic and sectoral levels. In this regard, the question of measuring labor productivity in the Russian economy is still open. The conclusions regarding the characteristics and chal-lenges of calculation methodologies may serve as a basis for developing strategies to improve labor produc-tivity measurement. This is essential for conducting accurate assessments and identifying pressing issues re-lated to productivity growth in Russia.

Two psychologies: Specifics of research models

A pressing problem in psychology is the quality of the application of mathematical methods in the practice of psychological research, which was one of the reasons for the emergence of a replication crisis. Also, recently many publications have appeared criticizing mathematical statistics in psychological research within the framework of critical psychology. In our opinion, the following factors play a key role in this problem: 1) the contradiction between the requirement for comprehensive research and the multiplicity of hypothesis testing; 2) the ability to put forward or adjust post-hoc hypotheses; 3) the training of psychologists in the field of mathematical statistics is significantly dependent on the exponential growth in the number of methods for the study of which limited time is given. Consequently, it is necessary to form lists of mathematical methods that are preferable in certain areas from the point of view of statistical practice, the origins of which lie in general methodological principles. The paper examines the problems of the methodology of applying mathematical methods in psychological articles from the point of view of the frequency and dynamics of their use, the dependence of the level of citations and other phenomena on them. It also examines a sample of articles in eight leading APA journals over the past 110 years that use the most current mathematical methods in psychology — 24,657 publications. The sample was obtained using queries to the Psyc- ARTICLES database. Using machine learning methods and automatic data processing, the raw results of search queries were corrected and validated. The work carried out on standardization and validation of data of this kind is the first example of work of this nature carried out in psychology. Based on the validated results obtained using structural equation modeling, two main factors in the use of mathematical methods were identified. Several alternative models are considered and compared.

Mapping and Characterization of Center Pivot and Lateral Move Irrigation Systems in South Carolina Using Quantum Geographic Information System

In recent decades, the adoption of overhead irrigation systems, especially center pivots, to irrigate row crops has been steadily increasing in South Carolina. The adoption of irrigation in the state has been enhanced by the predominance of coarse-textured soils with low water-holding capacities, which increases the likelihood of obtaining a significant and profitable crop yield response to irrigation. As the number of overhead irrigation systems in the state increases, it is vital to understand their number, location, and characteristics for better planning and managing available water resources. The objective of this project was to map and characterize the overhead irrigation systems (center pivots and lateral moves) available in each county in South Carolina. The Quantum Geographic Information System (QGIS) was used to manually locate and measure each overhead irrigation system in the state using a 2022 Google satellite image. Basic measurements included the length, number of spans, and wetted radius. In addition, the rotation angle of center pivots and the field length of lateral move systems were measured. This study found that with a few exceptions, the overwhelming majority of the overhead irrigation systems in the state were located in the central part of the Coastal Plain region, between the Fall Line and the coast, where groundwater resources are more abundant. Also, this study found a total of 2,980 center pivots and 15 lateral move irrigation systems in South Carolina. A total of 64,694 hectares were irrigated by center pivots, while lateral moves irrigated only 80 hecatares. Out of the 46 counties in the state, those with the highest number of center pivots were Orangeburg (633 pivots), Calhoun (361), Lee (296), Clarendon (249), Sumter (248), Lexington (197), Bamberg (130), Darlington (121), Hampton (117), and Barnwell (114). All the lateral move systems were located in the counties of Barnwell (11) and Darlington (4). Water stakeholders and agencies in South Carolina could use this information for long-term water resources planning at various levels. This research is also useful nationally to inform the understanding of irrigation practices in the southeastern United States.

СОХРАНЕНИЕ ИСТОРИЧЕСКОЙ ПАМЯТИ В ТОПОНИМИЧЕСКОМ ПРОСТРАНСТВЕ РОСТОВА-НА-ДОНУ: НА ПРИМЕРЕ ПРИСВОЕНИЯ ПОЧЕТНЫХ НАИМЕНОВАНИЙ ШКОЛАМ

Researchers consider issues related to the study of historical memory in a broad context, because the perception and display of its individual plots can be studied from various angles, both material in the form of, for example, a memorial space, and public and state practices, such as holding fes-tive events. Research into toponymic space entails direct touch with the sphere of historical memory. With this phrasing of the topic, the toponymy of Rostov-on-Don appears to be a very in-teresting route for thinking about specific practices of conserving historical memory, such as naming schools after historical figures. Being a part of the general toponymic space of the city, they are a vivid marker of how the practices of implementing toponymic policy and preserving historical memory interact at the present stage. The authors of this article believe that studying toponymic space entails direct work on the study of the key subjects of historical memory, which are fixed in public space, by designating not just streets or squares, but also individual institu-tions. Based on the analysis of the complex of honorary names of Rostov-on-Don schools, the time of their appearance, as well as the semantic load, it seems natural to draw conclusions about the most significant and relevant subjects of historical memory preserved in the 1990s-2020s on the map of the capital of the South and the gates of the North Caucasus.

Landscape Analysis of Traditional Tribal Healers and Their Healing Practices in The Tribal-Dominated States of India

The indigenous communities in India, known as “Vanvasi”, have been the original inhabitants of the Indian subcontinent for millennia. Their longstanding presence is steeped in a deep connection with nature, reflecting a rich culture and heritage characterized by traditional practices. India boasts a diverse array of more than 700 tribal communities, each distinguished by its exclusive language, culture, and heritage. Notable tribal groups encompass the Bhils, Gonds, Santhals, Mundas, Kols, and Nagas. Indigenous communities are present across India, with notable concentrations in Chhattisgarh, Jharkhand, Odisha, Madhya Pradesh, Gujarat, Rajasthan, and Maharashtra states.

Wari Beer

Between 600 and 1000 AD, the Wari state expanded across the Andes. Wari beer was one of the quintessential ways in which Wari identity was promoted in provincial centers hundreds of kilometers from the Ayacucho heartland. Based on excavations at the far southern provincial Wari brewery at Cerro Baúl, we take a production sequence approach to beer preparation, to evaluate the nature of Wari brewing as state practice. We investigate each step of the brewing process, from ceramic container manufacture through plant processing, mashing, and fermentation, in different spatial venues used at Cerro Baúl in the production of Wari chicha de jora y molle. This method provides us with insights into the practice of Wari state brewing and into the corollary activities being undertaken in the same spaces. In so doing, we establish the nature of craft production of beer-making in Wari state contexts, and how it is differentiated from contemporary and later household contexts of beer production in the region.

Meningkatkan Kualitas Official Statistics Melalui Integrasi Big Data

This paper delves into the transformative impact of incorporating big data into official statistical practices. The objective is to elevate the overall quality of data by leveraging the potential of big data analytics. The study employs a comprehensive methodology that encompasses data collection, processing, and analysis. The primary aim is to explore how the integration of big data can enhance the accuracy, timeliness, and relevance of official statistics. The research methodology involves the systematic collection of large-scale datasets, followed by advanced analytics techniques to extract meaningful insights. The findings underscore the substantial improvements achieved in the precision and reliability of official statistics through the infusion of big data methodologies. The transformative potential of integrating big data into official statistics is explored, offering valuable insights for policymakers, researchers, and practitioners in the field.

Striking a Balance: Navigating Exemptions in Extradition for Terrorism and Political Offenses under International Law

This legal study critically analyzes the complexities of navigating exceptions to extradition, particularly concerning Terrorism and political offenses. It also distinguishes between comprehensive and sectoral conventions as well as universal and regional treaties, explaining the various approaches and their implications. It is a complex landscape of legal responses to international Terrorism. The efficacy of global conventions in addressing this very important issue is questionable. Each country has criteria for ascertaining what constitutes Terrorism and political offenses that can affect extradition. There is very little difference in the character of Terrorism and political offenses. Given the increasing global anxiety surrounding Terrorism and political offenses, this provides a significant perspective on the ongoing discourse on extradition in international law. This study uses a comprehensive qualitative methodology. It carefully examines legal texts, case law, and scholarly literature alongside a comparative analysis of extradition treaties and state practice. It used theories of democracy and Terrorism itself (which, in a global sense, must be fought) to distinguish and strike a balance between Terrorism and political offenses. Ultimately, this study has identified effective solutions to combat international Terrorism while addressing the differences between conventions. It also found a growing relationship between democratization and the global fight against Terrorism, with arguments for not categorizing acts of Terrorism as political offenses, especially in democracies. In addition, this study enhanced the understanding of the legal framework for countering international Terrorism and provided insight into the challenges and opportunities presented by various conventions. These findings have significant implications for refining extradition law, encouraging a balance that respects human rights, guarantees justice, prevents the abuse of the extradition process for political purposes, and contributes to the evolution of a fair and just international legal framework.

Investigation of statistical methods used in prognostic prediction models for obstetric care: A 10 year-span cross-sectional study.

Obstetric care is a highly active area in the development and application of prognostic prediction models. The development and validation of these models often require the utilization of advanced statistical techniques. However, failure to adhere to rigorous methodological standards could greatly undermine the reliability and trustworthiness of the resultant models. Consequently, the aim of our study was to examine the current statistical practices employed in obstetric care and offer recommendations to enhance the utilization of statistical methods in the development of prognostic prediction models. We conducted a cross-sectional survey using a sample of studies developing or validating prognostic prediction models for obstetric care published in a 10-year span (2011-2020). A structured questionnaire was developed to investigate the statistical issues in five domains, including model derivation (predictor selection and algorithm development), model validation (internal and external), model performance, model presentation, and risk threshold setting. On the ground of survey results and existing guidelines, a list of recommendations for statistical methods in prognostic models was developed. A total of 112 eligible studies were included, with 107 reporting model development and five exclusively reporting external validation. During model development, 58.9% of the studies did not include any form of validation. Of these, 46.4% used stepwise regression in a crude manner for predictor selection, while two-thirds made decisions on retaining or dropping candidate predictors solely based on p-values. Additionally, 26.2% transformed continuous predictors into categorical variables, and 80.4% did not consider nonlinear relationships between predictors and outcomes. Surprisingly, 94.4% of the studies did not examine the correlation between predictors. Moreover, 47.1% of the studies did not compare population characteristics between the development and external validation datasets, and only one-fifth evaluated both discrimination and calibration. Furthermore, 53.6% of the studies did not clearly present the model, and less than half established a risk threshold to define risk categories. In light of these findings, 10 recommendations were formulated to promote the appropriate use of statistical methods. The use of statistical methods is not yet optimal. Ten recommendations were offered to assist the statistical methods of prognostic prediction models in obstetric care.

CEPEJ Gudelines for Mediation Resolving Administrative Disputes – A Comparison between Council of Europe States and Ukrainian Perspectives

The status of Ukraine as a candidate country for the European Union membership reinforces the need for comparative analysis between Ukrainian regulations and law of other EU Member States as well as European regulations. One of the fields of comparative law is a development of mediation for disputes covered by administrative law. It has already been a subject of interest and promotion to both – The EU and the Council of Europe, since European standards of democracy provide for state cooperate with citizens/individuals. The aim of this article is, to examine the main provisions, recommendations and best practices of the CoE member states, and to analyse the current practice and existing gaps in Ukraine in order to develop a proposal for effective implementation in the light of the most recent CEPEJ Guidelines promoting mediation to resolve administrative disputes. A comparative overview of this type of mediation regulations may be considered as novum. As for methodology, the paper is dominated by the logical-linguistic and comparative method. So far – though Ukrainian legal system is quite compatibile with the examined CEPEJ gudelines and provide for inter-branch solutions – the development of administrative and court-administrative mediation is quite resilient and there is still much to be done not solely with legal regulations, but also „mediation culture” in such field.

Surveillance Reports of National Units of the Red Army Political Departments in 1918–1920

While surveillance as a mechanism of political control was a common prac-tice of states even before the First World War, the introduction of the Political Departments to the Red Army in 1918–1920 was a completely new historical-military phenomenon. Surveillance reports submitted by the commissars of the political departments had to provide an overview of the attitudes of soldiers, progress in political education, and the condition of various military aspects, such as the supply of uniforms. Next to nothing is known about surveillance reports compiled by these institutions in national units of the Red Army. This paper summarizes the instructions for compiling surveillance reports, their implementation, and what was actually reported by the Political Departments of Estonian and Latvian national units of the Red Army.

NON-FINANCIAL LEVERS FOR ENSURING THE EFFICIENT USE OF PERMANENT WORK IN THE CONTEXT OF DIGITAL ADAPTATION OF BUSINESS PROCESS MANAGEMENT

Topicality. The current stage of development of the world economy is characterized by the large-scale implementation of digital technologies in various sectors and types of economic activity. Digital innovation, being a fundamental driving force of systemic transformations in the economy, not only leads to the emergence of new products and services, but also creates opportunities for the implementation of innovative business models, can contribute to a significant increase in efficiency in both the public and private sectors. In the process of implementing digital technologies, domestic business structures get the opportunity to make fundamental changes to business methods, test new technologies in practice, and ultimately increase productivity. However, in business practice, they may face barriers to the implementation of such technologies due to the widespread lack of financial and human resources and the need to support the digital transformation process. This means that the bodies responsible for the development and implementation of economic policy in the state should play an important role in creating a favorable environment for such business structures, which will allow them to start their digital transformation. The above requires the development and implementation of certain mechanisms and levers to support such transformations.
 Aim and tasks. The purpose of this work is to develop recommendations on ways to expand the possibilities of using non-financial levers to ensure the effective digital transformation of Ukraine.
 Materials and Methods. The theoretical basis of this scientific work consists of the best practices of state and non-state support for digital adaptation of business processes of the real sector of the economy, which are given in works of a theoretical and practical nature. To carry out this scientific work and achieve the set goal, the article uses methods of graphic interpretation of the results of analysis and generalization, methods of monographic analysis, and synthesis.Research results. As a result of the research, it was established that the current stage of development of the world economy is characterized by the large-scale implementation of digital technologies in various sectors and types of economic activity. It is noted that digital innovations, being the fundamental driving force of systemic transformations in the economy, not only lead to the emergence of new products and services, but also create opportunities for the implementation of innovative business models, can contribute to a significant increase in efficiency in both the public and private sectors. It is substantiated that in the process of implementing digital technologies, domestic business structures get the opportunity to make fundamental changes to business methods, test new technologies in practice, and ultimately increase productivity. Non-financial incentives for digital adaptation of business processes in the real sector of the economy have been identified. It was concluded that not all entrepreneurs have sufficient skills and knowledge in the field of digitalization, which may limit their opportunities for effective business. It has been established that some of the adopted legislative acts, strategic programs and initiatives are already morally outdated or have lost their relevance and require updating in accordance with the global challenges and opportunities of the digital economy. It was concluded that it is important to create uniform rules of the game for digital innovation by adopting relevant international technical standards for digital equipment and digital services. The need to create institutions and procedures aimed at solving digital security problems, preparing for protection against cyber-attacks, fighting cybercrime, and increasing general trust of the population in digital ecosystems, which is the basis of the digital economy, is substantiated. It has been proven that an important aspect of the introduction of digital technologies is the formation of society's motivation to use digital technologies, which largely depends on the availability of digital technologies, the development and functioning of infrastructure, the implementation of state programs and platforms for the digitalization of all spheres of social and economic life. Reasonable non-financial levers for ensuring effective digital adaptation of business processes in the real sector of the economy. Proposed directions for expanding the possibilities of using non-financial levers to ensure the effective digital transformation of Ukraine.
 Conclusion. The above made it possible to form a number of recommendations to the bodies responsible for the development and implementation of economic policy, regarding the expansion of the possibilities of using various tools to ensure effective digital adaptation of business processes of the real sector of the economy of Ukraine.

Acquiescence and the Immunity of UN Peacekeepers; Implicit Acceptance?

Abstract In general States have not responded when faced with violations of international law committed by United Nations (UN) peacekeepers. This article aims to explore if such inaction, or silence, by States can be construed as legally significant. Relying upon the concept of acquiescence within international law, this article analyses if this specific situation can be seen as States implicitly agreeing to the UN not being bound to provide means of redress. This article argues that it would be difficult to consider the practice of States to amount to acquiescence. In international legal terms, it cannot be established that this inaction satisfies all the conditions for acquiescence for either interpretation purposes or consent. Likewise, the host State might also not always be the relevant actor when considering redress. These arguments ultimately make it challenging to consider the current non-responsiveness of States to signify a form of acquiescence.

Jurisdiction over Transnational Quantum Networks

The international quantum communication networks develop; governance and legal jurisdiction remain unclear due to jurisdictional gaps in existing legal frameworks. Analysis of applicable accords, state practice, court judgments and domestic law related to digital infrastructure reveals minimal current governance explicitly addressing jurisdiction over global quantum systems. Results indicate specialized multilateral treaties are necessary to establish acceptable jurisdiction given quantum computing's novel abilities allowing exponentially scalable computing, cryptographically secured data transfers and precision metrology. Centralized supranational authority and distributed governance models reflect policy trade-offs for advancing global networks. Like historical technologies such as aviation and the Internet requiring years of legal development to mature, progressing quantum networks need focused creation of an internationally harmonized legal framework to balance security, sovereignty and innovation across a landscape holding tremendous transformative potential.

Towards comprehensive civilian protection under Common Article 3 by addressing protection gaps in spill-over conflicts

There is a proliferation of non-international armed conflicts across the globe. Increasingly, these conflicts involve groups across two or more borders or that involve cross-border clashes. This is termed as spill-over conflict. The Middle East and Central Africa serve as salient examples to this effect. A literal reading of Common Article 3 locks out the victims of such conflicts from protected status. Common Article 3 restricts its application to non-international armed conflicts occurring in the territory of one high contracting party. The gap in protection occurs where the groups do not meet the organisational threshold in Additional Protocol II regarding the structure of the non-state actors’ organisation but are engaged in conflicts spanning more than a single territory. This paper examines the history of Common Article 3 and finds that the parties had no intention of locking out the application of Common Article 3 based on territorial considerations. Secondly, this paper looks into customary international law through state practice and jurisprudence. It finds that state practice and emerging jurisprudence recognises the fundamental principles that underpin Common Article 3. To this end, even where treaty law is inapplicable, customary international humanitarian law shall apply to provide protection to victims of spill-over non-international armed conflict. It is against this backdrop that the paper proposes that the single territory provision in Common Article 3 be amended to accommodate a more inclusive cross border reading.

International labor migration policy of the European Union

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