Statute Of Limitations Research Articles

Balancing of Counterclaims as a Legal Construction Similar to Set-off

This article examines the application of set-off under Article 410 of the Civil Code of the Russian Federation within bankruptcy procedures, highlighting the limitations imposed by proportionality and claims priority rules. These restrictions often conflict with economic feasibility, leading to the emergence of a legal construction known as the balancing of counterclaims in judicial practice. Although balancing of counterclaims functions similarly to set-off, it circumvents the statutory limitations traditionally applied to set-off. Despite its practical utility in addressing set-off admissibility issues in bankruptcy, the concept lacks proper legal justification. This article explores the legal nature of balancing counterclaims, its distinctions from set-off, and its criteria and application procedures. The article begins by examining the historical evolution of balancing counterclaims and the rationale behind their distinct terminology. A comparative analysis with set-off under Article 410 of the Civil Code is conducted, focusing on the grounds for obligations termination, purpose, scope, and procedural applications. Key differences between the two concepts are in their goal and limited application scope, allowing balancing counterclaims to operate beyond the proportionality and claim priority constraints. Additionally, the article delves into potential penalties and the security functions associated with balancing counterclaims. In conclusion, balancing counterclaims can be best understood either as a legal construct derived from traditional set-off principles or as a criterion for determining transaction admissibility, including set-off, within bankruptcy contexts.

Exploring the Economic, Social, and Moral Justice Ramifications of the Warhol Decision

Beyond rectifying the interplay of the derivative work right and fair use, Justice Sotomayor’s vigorous, direct, and, at times, combative parrying with the dissent in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith drove a dagger into the free culture movement’s critique of copyright law. The resulting decision repudiates the movement’s campaign to undermine the derivative work right through a simplistic transformativeness shortcut for applying the fair use doctrine. As this Article explains, the Copyright Act’s drafters enhanced the financial rewards to, economic power of, and control of copyrighted works by authors through the grant of a bundle of exclusive rights, including a broad exclusive right to prepare derivative works. The Act tempered those rights through limiting doctrines, express recognition and codification of the fair use doctrine, and a series of statutory limitations, exemptions, and compulsory licenses. The codification of fair use, however, was not intended to “change, narrow, or enlarge” the doctrine outside of its traditional bounds—criticism, commentary, news reporting, educational, and research uses—“in any way.” The legislative history further noted courts’ freedom “to adapt the doctrine to particular situations on a case-by-case basis,” “especially during a period of rapid technological change.” Congress saw licensing as a principal vehicle for supporting cumulative creativity and ensuring fair compensation to and control of derivative uses by authors. Notwithstanding this foundation and the Supreme Court’s faithful interpretation of the fair use doctrine in Campbell v. Acuff-Rose Music, Inc., the fair use doctrine veered off course as lower courts collapsed Campbell’s nuanced framework into a simplistic transformativeness analysis. The collision of this approach with the derivative work right prompted the Supreme Court’s intervention. The resulting Warhol decision reinforced the economic and social empowerment undergirding the 1976 Act. After tracing the emergence of the free culture movement and the devolution of the fair use doctrine, this Article explores the economic, social justice, and moral right dimensions of the copyright regime reflected in the Warhol decision.

Іnternational and foreign practice of compensation for war crimes

The scientific article is dedicated to the study of international and foreign practices of compensation for war crimes. The article analyzes legal mechanisms and tools used for compensating victims of war crimes in various countries of Europe and the world. The main focus is on the practice of international courts, such as the International Criminal Court (ICC), as well as national judicial institutions that handle war crime cases. Specific cases and decisions that have influenced the development of law enforcement practices in this area are examined. One of the key aspects of the work is the analysis of international treaties and conventions that regulate compensation issues, including the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, as well as the Rome Statute of the ICC. Various compensation models are considered, including monetary compensation, rehabilitation, and other forms of reparation. The article also explores the role of non-governmental organizations and international funds in the process of compensating war crime victims. The effectiveness of different approaches and mechanisms used to ensure justice and restore the rights of victims is analyzed. The work pays attention to the problems and challenges faced by law enforcement agencies when handling war crime cases, as well as the prospects for improving the international legal mechanism for protecting the rights of victims. The research is based on the analysis of specific cases, court decisions, and legal acts, allowing conclusions to be drawn about the current state and possible ways of developing the compensation system for war crimes. Thus, the article contributes to the scientific discussion on improving the mechanisms of legal protection for victims of war crimes and ensuring justice in international law.

Essence and significance of conviction of deceased Nazi’s for crimes not subject to statutory limitations

Essence and significance of conviction of deceased Nazi’s for crimes not subject to statutory limitations

Poker in light of the Gambling Act and European Union regulations

The authors of the paper undertook an analysis of the regulations on the organization of a poker game under the Gambling Act. The main subject of the analysis revolves around the question to what extent state authorities should monitor and restrict the activity of poker players. The scope of the statutory restrictions on arranging and participating in poker games depends on the culture of perception of gambling in a given country. Assigning poker to the appropriate regulatory category, either as a gambling activity carrying the highest social risks in terms of public health or safety, or as a game primarily for entertainment, is by no means obvious and depends on determining such factors as the purpose of organizing the poker game and the manner in which it is played, i.e. whether players are playing against a casino or against each other. The regulatory differentiation depending on the variety of poker games is the result of years of efforts by national legislators and the jurisprudence to define and categorize the game correctly. The article cites the jurisprudence of the Constitutional Court justifying the formal and material prerequisites of the existing restrictions on the gambling services market. The authors also relied on the extensive body of case law of the Court of Justice of the European Union explicating the permissibility of restrictions on freedom of establishment and freedom to provide services in the sphere of gambling. The conclusions drawn from these reflections confirm that the current provisions of the Polish Gambling Act are part of a consistent and systematic state policy aimed at ensuring the highest possible level of consumer protection, and the introduced restrictions are proportionate and necessary.

No statute oflimitations. About the crimes of fascists in the Great Patriotic War

No statute oflimitations. About the crimes of fascists in the Great Patriotic War

The history and evolution of warranty liability of apartment complexes

Regulations on defects in multi-family housing are stipulated by two positive laws: the Act on Ownership and Management of Condominium Buildings and the Multi-Family Housing Management Act. However, the characteristics and purpose of these two laws differ. The Multi-Family Housing Management Act is a public law securing the constitutional rights to housing, which includes administrative laws on the construction of housing (e.g., the Housing Construction Promotion Act) and those related to the management of housing (e.g., the Housing Act and the Multi-Family Housing Management Act). However, the Act on Ownership and Management of Condominium Buildings is a private law merely focusing on the property rights of condominium owners. Therefore, the stipulations of these two positive laws regarding defects in multi-family housing also differ in many aspects, such as the types of defects, standings to claim repair, distribution of responsibility, and statutory limitations. However, the legal aspect remains ambiguous, despite the gap being narrowed through several rounds of enactment and amendment to positive laws. In particular, the meaning of the project implementer's defect repair responsibility, which must be understood from a public law perspective, has been considerably ambiguous. Consequently, for defects in multi-family housing, the focus is merely on monetary compensation for defects, which is a matter of private law, rather than on the implementation of defect repair itself, which is a matter of public law. Accordingly, this study examines the problems related to the repair of defects in multi-family housing by analyzing the history of these positive laws, their detailed stipulations, and the differences in defect warranty liability. Based on these analyses, this study attempts to identify and suggest solutions to overcome these issues.

Commentary on Manthey et al.: No more missed opportunities-We need to address the absence of robust and comprehensive evaluations about the real-world impact of statutory restrictions on alcohol marketing.

Commentary on Manthey et al.: No more missed opportunities-We need to address the absence of robust and comprehensive evaluations about the real-world impact of statutory restrictions on alcohol marketing.

Bioengineering of Cu2O structured macro-biotemplate for the ultra-efficient and selective hand-retrieval of glyphosate from agro-farms

Glyphosate (Gly) is a massively utilized toxic herbicide exceeding its statutory restrictions, causing adverse environmental and health impacts. Engineered nanomaterials, even though are integral to remediate Gly, their practical use is limited due to time and energy driven purifications, and negative environmental impacts. Here, a 3D wide area (~1.6 ± 0.4 cm2) Cu2O nanoparticle supported biotemplate is designed using fish-scale wastes as a sustainable approach for the ultra-efficient and selective hand-remediation of Gly from real-time samples from agro-farms. While the innate metal binding and reducing ability of collagenous scales aided self-synthesis cum grafting of Cu2O, the selective binding potential of Cu2O to Gly facilitated its hand-retrieval; as assessed using optical characterizations, Fourier transform infrared spectroscopy, thermogravimetric analysis and liquid chromatography mass spectrometry. Optimization studies revealed extractions of diverse pay-loads of Gly between 0.1 μg/mL to 40 μg/mL per 80 mg biotemplate grafted with ~6.354 μg of sub-5 nm Cu2O and was exponential to the number of Cu2O@biotemplates. Even though pH and surfactant didn't have any impact on the adsorption of Gly to the Cu2O@biotemplates, increase in the ionic strength led to a drastic increase in the adsorption. Density function theory simulations unveiled the involvement of phosphonic and carboxylic groups of Gly for interaction with Cu2O with a bond length of 1.826 Å and 1.833 Å, respectively. Overall, our sustainably generated, cost-efficient, hand-retrievable Cu2O supported biotemplate can be generalized to extract diverse organophosphorus toxins from agro-farms and other sewage embodiments. SynopsisGlyphosate is an excessively applied herbicide with potent health hazards and carcinogenicity. Thus, a hand removable Cu2O-supported biotemplate to selectively and efficiently remediate glyphosate from irrigation water is developed.

1483. Real-time Creation of HCV Treatment Cascades in Clinics to Improve HCV Treatment Rates Among Patients with HIV/HCV Co-infection

Abstract Background U.S. National Viral Hepatitis strategy advocates Health Departments (HDs) use surveillance-based viral clearance cascades to track progress of HCV care. Cascades are also useful at the clinic level, but creation can be challenging. We developed and piloted a novel Data to Care (D2C) case conferencing tool which merges jurisdictional HD and clinic data, and automatically generates HCV treatment cascades for clinic clients with HIV/HCV co-infection, identifying gaps to be improved. Methods Six diverse state/county health departments (HDs) used the excel-based tool with 14 Ryan White-funded clinics to create real-time HCV treatment cascades for clients who received HIV related medical services (1/1/2018–8/31/2021) with a HCV diagnosis (through 11/30/2021). Cascade steps included: HCV PCR testing, treatment eligibility, treatment initiation, and cure (SVR). Barriers to treatment were captured to aid in developing personalized engagement plans. Virtual case conferencing occurred quarterly with HD champions and clinic staff for 1 year. Three models, dependent on HD resources and statutory limitations, were used to identify co-infection: A) HD generated a co-infection list from centralized HIV/HCV surveillance data, B) clinic created a list of persons with HIV that HD matched to HCV surveillance or C) clinic generated a co-infection list from medical records. Results For list creation: 1 HD used model A, 2 used model B, 1 used model C, and 2 used a combination of B and C. Among 1249 overall clients with co-infection, 282 (23%) were Black; 842 (67%) were born male. Baseline cascades as of 11/30/2021 showed 102 (8%) needed PCR, 685 (55%) were eligible for HCV treatment and 357 (52% of eligible) achieved SVR. SVR rates varied by clinic. Substance use was a primary barrier to treatment, although most clients experienced multiple barriers. Conclusion Our tool uses both surveillance and clinical care data to generate a real-time clinic-specific HCV treatment cascade for clients with HIV/HCV co-infection. It is more granular than using surveillance data alone, enabling clinics in collaboration with jurisdictional HDs to overcome personal barriers to care. Used longitudinally, quarterly case conference cascades allow for insight into progress. Disclosures Ralph P. Brooks, MS, Merck: Stocks/Bonds

Paradoxes of probation: Statutory limitation on the possibility of probation decreased the severity of judgments

Probation is a tool to decrease the severity of the legal system. In theory, more instruments of probation mean fewer people deprived of liberty. However, Poland previously faced a paradoxical situation: there was a significant crime rate drop and a growing number of suspended punishments, but—at the same time—the incarceration rate was high. Many argued that the cause of this state of affairs was the overuse of probation instruments. Almost half of suspended punishments of deprivation of liberty were ultimately enforced. The 2015 reform of the Polish criminal law aimed to decrease the statutory possibility of using probation. This study compares trial outcomes from before and after the reform. We examine files from district courts in 13 cities in Poland for two offences: drug possession and drunk driving. We conclude that the limit on probation decreases the severity of the legal system.

International Criminal Law: Non-Applicability of Statutory Limitations in Extradition Proceedings Concerning Crimes Against Humanity: The Reverberi Case (Re-loaded)

International Criminal Law: Non-Applicability of Statutory Limitations in Extradition Proceedings Concerning Crimes Against Humanity: The Reverberi Case (Re-loaded)

Proporcjonalność ograniczeń jawności postępowania sądowoadministracyjnego w epidemii – glosa do wyroku NSA z 22 kwietnia 2022 r., I OSK 2126/21

The commentary contains a criticism of the judgment of the Supreme Administrative Court, in which the problem of the constitutionality of limitations on the openness of administrative court proceedings in proceedings before the Provincial Administrative Court has been reduced to linking the statutory limitation with the constitutional value enabling such a limitation. The Supreme Administrative Court did not conduct a proportionality test. Carrying it out and taking into account the normative and factual context, would imply a statement that the restrictions at the time of issuing the challenged judgement of the Provincial Administrative Court were not even useful for a specific purpose. They also did not meet the criteria of necessity and proportionality in the strict sense.

The Constitutional disqualification for unrehabilitated insolvents from being members of Parliament

In South Africa, the status of being an unrehabilitated insolvent has many effects and one of them is the disqualification from being a member of parliament (MP). This article considers the constitutional disqualification of unrehabilitated insolvents to serve as MPs within the context of statutory restrictions that apply to such insolvents. It further discusses the rationale for the constitutional disqualification of unrehabilitated insolvents to serve as MPs in light of international guidelines that advocate for the protection of the income of the debtor that is necessary for the insolvent and his dependents to live decent lives taking into account possible changing living standards. The pertinent question is whether such reasons are still justifiable considering international policy considerations

SKUTECZNOŚĆ NADZORU NAD WYKORZYSTANIEM MAJĄTKU SPÓŁEK KOMUNALNYCH W POLSCE

The article focuses on the issues of supervision over the disbursement of assets of municipal companies under Polish law. The authors discussed basic issues related to the system of municipal companies and presented the results of the research consisting in collecting and analyzing the reports of the Supreme Audit Office on the functioning of Polish municipal companies. Three categories of irregularities related to the supervision of the use of the property of municipal companies were distinguished: in the field of providing financial support to municipal companies, in the field of compliance with statutory restrictions on conducting business activity by municipal companies, and in the field of exercising ownership supervision over these companies. De lege ferenda conclusions were also offered in the scope of legal provisions requiring amendment due to too much freedom of interpretation.

Tax Confidentiality as a Limitation in the Procedure for Public Control of the State of Public Finances

AbstractAny control, regardless of the field to which it relates, requires information. This claim is also valid in the field of citizen’s control. For an individual to be able to effectively assess what is going on around him or her and make sound decisions on that basis, he or she must be able to obtain a variety of information, including, above all, information that is comprehensive public knowledge. According to what follows from the regulations of the Act of 6 September 2001 on access to public information, their catalogue is broad and, more importantly, open. Although on the surface it might seem that the individual does not need anything more, it should not be forgotten that the same legislator determines a number of restrictions that block or completely close the way to certain pieces of public information. This group of statutory restrictions includes tax confidentiality as defined by the Tax Ordinance Act of 29 August 1997. The main objective of the considerations undertaken in this article is to determine to what extent tax confidentiality by its very nature restricts the process of public scrutiny of the state of public finances, taking into account its subjective and objective scope and its positioning among all the premises limiting accessibility to public knowledge.

Techno‐economic and policy analysis of hydrogen and gasoline production from forest biomass, agricultural residues and municipal solid waste in California

AbstractTechno‐economic and policy analyses were performed of hydrogen and gasoline production from forest biomass (FB). They were compared with fuels produced using agricultural residues and municipal solid waste in California. Twelve process designs were analyzed, with and without carbon capture and storage, and life‐cycle analysis was performed, using California's Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) 3.0 model, to calculate the average life‐cycle carbon intensity of different process designs for hydrogen and gasoline. Discounted cash flow models were developed to assess profitability in terms of the net present value and internal rate of return (IRR). The results showed that forest‐to‐fuel pathways (positive IRR between 2%−16%) were the least competitive biomass‐based pathway option. Sensitivity analysis was performed on economic parameters including feedstock price and renewable identification number (RIN) credit price. In the case of RIN credits, profitability declined significantly as the proportion of FB from federal lands increased given existing statutory limitations. Given the importance of increasing forest management to reduce wildfire risks, the necessary additional policy incentives were quantified to equalize the cost of forest‐to‐fuels pathways with the other biofuels pathways. To ensure FB‐to‐fuels pathways are cost competitive with agricultural residues, policymakers could increase the low carbon fuel standard (LCFS) credit price for forest fuels (additional credit price support of $41–75 t/CO2e), give additional credit to lifecycle emissions reductions from forest fuels (additional carbon intensity decrease of 19–76 gCO2e MJ−1), provide concessionary debt or equity with a target weighted average cost of capital (WACC) = 3–4%, subsidize capital costs (12–22% of costs), or subsidize FB delivery ($35–66 per dry ton delivered).

Statutory Limitations in Children’s Rights Protection under Cameroonian Legal Systems

In terms of Article 1(1) of the African Charter on the Rights and Welfare of the Child (African Children’s Charter), state parties are encouraged to recognise the rights, freedoms and duties enshrined in this Charter and to undertake the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of the African Children’s Charter. Legislation is one of the most powerful instruments a government has to regulate society and protect its citizens within its national territory. It also outlines the rights and responsibilities of individuals and authorities for whom legislation is intended to protect and govern. However, no amount of legislation will have value if there are neither discipline nor enforcement mechanisms, for example, through the establishment of key institutions. This article sets out to evaluate the sufficiency of the laws and institutions with a mandate to protect children’s rights in Cameroon.

A FACILE STUDY OF THE STATUTORY CHALLENGES CONCERNING CUSTOMARY PRACTICE OF INTESTATE SUCCESSION IN NIGERIA

The custom and tradition of Nigeria is an outgrowth from the history of the society. In this regard, customary law emanate from the spirit of the people. However, it has been observe that by the locally made Wills Law of some state in Nigeria, it recognize and preserve the Nigerian’s customary practice of intestate succession. However, the Wills Act of 1837 which applies to all state except state that have enact their wills law, seem to create a limitation on customary intestate succession. It is in this regard, that this study adopts a hybrid method of research in analysing the statutory preservation and limitation of Nigeria’s customary practice of intestate succession by the wills laws and Act in Nigeria. The study made use online survey questionnaires sent to 308 legal practitioners (randomly selected) in the various states of the federal republic of Nigeria. A descriptive and an analytical statistic were used to analyse 308 respondent responses to the questionnaire. The study found that 76% of the respondent identify that Wills Act places customary limitation on customary intestate succession and they prefer the Wills Laws of 1958, given it preservation of the Nigerian custom and traditions concerning intestate succession. It was therefore, concluded and recommended that there is a need for some of those states that still applies the Wills Act of 1837, to enact or amend the Wills Act to recognised customary intestate succession.

Evaluating the Impact of Executive Orders Lifting Restrictions on Advanced Practice Registered Nurses During the COVID-19 Pandemic

In the early stages of the COVID-19 pandemic, strains on the healthcare system forced many U.S. states to revisit long-standing statutory limitations on the care coordinated by advanced practice registered nurses (APRNs). This was done by issuing waivers via executive, legislative, or board of nursing orders. To identify the impact of temporary practice waivers on APRNs' direct patient care during the COVID-19 pandemic. This cross-sectional study utilized a two-phased approach. First, a confidential online survey was conducted of APRNs practicing across 27 U.S. states. Second, comprehensive APRN discipline data from 2019 to 2021 were retrieved from the National Council of State Boards of Nursing's Nursys database and reviewed. Univariable and multivariable binary logistic regression models were used to determine the significance of observed trends. A total of 16,699 APRNs responded to the survey for a response rate of 14.2%. APRNs practicing in private outpatient clinics, in rural areas, and in health provider shortage areas were more likely to report a positive effect of the practice waiver (all p < .05). Providers noted that the waivers allowed them more time with their current patients and expanded the geographic boundaries of their direct patient care to take on new patients. Furthermore, despite the changing profile of APRN care during the early stages of the pandemic, including a pronounced increase in telehealth usage, the current review found no evidence of an uptick in discipline cases brought against APRNs in 2021. Full practice authority for APRNs benefits patients by promoting expanded access to care and increasing the resiliency of our healthcare system without compromising patient safety. It is time for states and organizations that employ APRNs to recognize that permanently removing barriers to APRN practice is essential to the health of our nation.