Threat Of Use Research Articles

Право на необходимую оборону при защите имущественных и личных неимущественных прав: иллюзорное или реальное

Introduction. By virtue of the provisions of Article 45 of the Constitution of the Russian Federation, everyone is guaranteed the right to defend personal rights and freedoms in all ways not prohibited by law. This fundamental constitutional principle is reflected in Article 37 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which enshrines the right of any person to the necessary defence, that is, to harm (up to deprivation of life) an encroaching person while suppressing socially dangerous encroachments protecting oneself or other persons, the legally protected interests of society or the state. For a long time, the issue of the possibility of protecting property rights, including housing, within the framework of necessary defense remained debatable. Finally, in May 2022, amendments were made to the resolution of the Plenum of the Supreme Court of the Russian Federation dated 09/27/2012 Nº 19, enshrining the right for necessary defense in the event of expected changes that will empower citizens to serve as a basis for their revision. In this regard, it should be recognised as relevant to consider the issue of determining the limits of lawful infliction of harm in the suppression of encroachments related to illegal penetration of housing. Within the framework of this work, the authors also consider the issue of determining the limits of lawful infliction of harm in defence against encroachments on personal non-property rights, both associated and not associated with the use or threat of use of violence dangerous to the life of the defender. Research methods: theoretical, comparativelegal, method of formal logics, method of interpretation of legal norms. Due to the results of the research, the authors give a list of situations which were not taken into account by the judicial community including the right to defend the house, which should serve as a basis for legal review of the case. In addition, the authors point to the need to optimize Article 37 of the Criminal Code of the Russian Federation, the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012 No. 19 in terms of expanding the right for necessary defense due to the possibility of suppressing administrative offenses within its framework and bringing it into line with Article 37 of the Criminal Code, as well as other circumstances excluding criminality acts, «special legislation» defining the procedure and grounds for the use of force and weapons by law enforcement officers.

BODY LANGUAGE VOCABULARY IN ALBANIAN AS A PROOF OF AN ABUNDANT AND ANCIENT LANGUAGE!

The richness of language vocabulary is directly related to the personal culture of reading and educational background of the person belonging to a specific ethnic community, altogether with the tradition, customs and folklore, as factors of its historic cultural development. The historical development of an ethnicity plays a decisive role in the richness of words and the abundance of vocabulary for specific types and fields of cultures, such as the musical culture, the culture of fine arts, legal and institutional culture, culture of housing buildings, culture of healthy living, etc. The national conscience is related to the common language speaking and the cultivation of tradition, folklore and clothing by the people living in a common geographic territory. Their fights for survival and freedom, as well as the wars for defense of the territory has produced an abundant vocabulary up to details and stylistic varieties and a detailed description of the fighting tools and processes, such as struggle, fight, wars, call for freedom, on the other hand, but also is a lack of words and poorness of vocabulary related to the technical description of the manufactured products and merchandises coming from abroad. Depending on the cultural development of the institutions, the law enforcement and written rules regulating the rights and the responsibility for obeying the legal restrictions and prohibitions has produced a better legal and institutional culture in one country, rather than in an old fashioned organization of social life in countries of a specific stage of national development, where the legal institutions were perceived as strange and hostile originating by an occupying country or nation. These institutions were only accepted as temporary and people obeyed them only by coercion, unwillingly and due to the threat of use of force, in case of lack of obedience. The culture of reading newspapers and watching TV has influenced the richness of vocabulary by meeting new words of the literary, official and the international language, except for the vocabulary of the dialects in their native language.

ПОНЯТТЯ ТА СТАН ПРАВОВОГО РЕГУЛЮВАННЯ ПРОТИДІЇ ДОМАШНЬОМУ НАСИЛЬСТВУ В УКРАЇНІ: КРИМІНАЛЬНО-ПРАВОВЕ ДОСЛІДЖЕННЯ

The article is devoted to the study of the concept of “domestic violence” in the science of criminal law and the legislation of Ukraine. It has been established that the number of appeals and reports of domestic violence in Ukraine is growing every year. The article explores various scientific approaches to the concept of “domestic violence” and related concepts. The following definition of the term “domestic violence” has been proposed: actions or threat of use of actions of a physical, psychological, economic or sexual nature, committed in relation to one of the spouses, relatives by blood, relatives on the spouse’s side or other relatives or persons who are connected by a common household, and (or) live together if such actions lead to physical or psychological suffering, health disorders, violate the human right to freedom and personal integrity, honor and dignity, or other legally protected rights or interests of the individual. Attention is focused on the fact that the problem of domestic violence is global in nature and concerns all countries of the world. The paper analyzes international legal acts in the field of domestic violence prevention and national legislation in this area, draws attention to conflicts and contradictions in the legislation that negatively affect the fight against domestic violence and bringing the perpetrators to justice. Based on the analysis of national legislation, it is proposed to distinguish 4 groups of victims of domestic violence: 1) spouses who are married, in de facto marital relations (without official marriage registration) or former spouses, 2) relatives by blood, 3) relatives through the spouse 4) others relatives or other persons connected by a common life, and (or) living together. It is noted that administrative and criminal liability is provided for committing domestic violence in Ukraine, and the sign of systematic domestic violence is crucial for the possibility of criminal prosecution for domestic violence. It is proposed to strengthen the responsibility for domestic violence by increasing the term of imprisonment for domestic violence up to 5 years, since now the maximum sentence for domestic violence is up to 2 years in prison, and often such punishment is not commensurate with the actions of the perpetrator and the suffering of victims of domestic violence.

NUCLEAR DETERRENCE AND NUCLEAR INTIMIDATION IN RUSSIA’S POLICY

Nuclear weapons play a key role in Russia’s security thinking. Concepts of the use or threat of use of nuclear weapons by the Russian Federation include both doctrinally defined nuclear deterrence and doctrinally indefinite nuclear intimidation. The latter has become a central element of the hybrid war waged by Russia. The failure to achieve the initial goals of Russian large-scale military aggression against Ukraine, which began on 24 February 2022, has affected Russia’s nuclear policy. The criteria for the use of nuclear weapons in conventional warfare and the forms of nuclear intimidation have changed.
 The effectiveness of Russia’s nuclear policy depends on the degree of compliance of its components with established international norms, formed within the framework of the global nuclear non-proliferation regime. These norms can be defined as the global nuclear order. Russia’s policy of nuclear intimidation falls out of this order and creates a “nuclear disorder”. Currently, it is losing effectiveness for the Russian leadership, since it is increasingly seen as a “nuclear bluff”. Russia is trying to hide its nuclear intimidation behind the doctrinal provisions of nuclear deterrence, which generally remains effective.
 In the war against Ukraine, Russia is actively trying to artificially create criteria for the use of nuclear weapons that would formally correspond to the global nuclear order, while leaving room for nuclear intimidation. In particular, this may explain accusations against Ukraine of developing weapons of mass destruction and Russia’s attempts to annex the temporarily occupied Ukrainian territories as soon as possible.
 The creation of a postwar architecture of international security will require bringing Russian nuclear policy to the norms of the global nuclear order.

A Scoping Review on Category A Agents as Bioweapons.

Category A agents are biological pathogens that could pose a threat to health and human safety if used as bioweapons. The exploration and possibility of these threats must be comprehensively reviewed to create a preparedness plan to recognize outbreaks, to educate the public, and to offer vaccinations and/or treatment options, if available. A scoping review using PRISMA guidelines was performed to categorize current information on Category A biological agents as well as understand their potential for future threats. The results used 34 articles and found that while botulin neurotoxins were the most lethal, anthrax posed the most likely threat for use as a bioweapon. Most research was conducted on plague, though it is not the most likely threat. Smallpox is the most likely agent to vaccinate against as there is already a working vaccine that has proven effective and the issue at hand is the need for a larger stockpile. Ultimately, preparedness efforts should include vaccinations and continued research and development of them. Category A agents are a serious public health concern; updated and reformed bioterrorism preparedness plans could greatly minimize panic and mortality.

Study of the Bacteriological Profile and Their Antimicrobial Susceptibility Pattern in Patients with Skin Infections

The study group consisted of 150 patients both male and female between 1 – 80 years, with primary and secondary skin infections who attended the out- patient department of Dermatology and surgery at Sree Balaji medical college and hospital a tertiary care hospital in Chennai, Tamilnadu, South India. Patients admitted as in patients in the above two department were also taken for this study. 28 out of 150 cases had primary bacterial and 122 had secondary bacterial skin infections. In this study the prevalence of Methicillin resistant Staphylococcus aureus (MRSA) (40.8%) and Extended spectrum beta-lactamases (ESBL) (40.5%) producers among Enterobacteriaceae was higher. Estimation of MRSA and ESBL has to be done in tertiary care hospital to prevent and curtail further spread of these strains in hospital acquired infections. These isolates pose a serious threat for use of routine groups of antimicrobials.

NUCLEAR SECURITY IN THE BRAZILIAN REALITY

This paper presents a study on the implementation of nuclear security’s knowledge in the brazilian reality, sharing the promotion of nuclear security education, aligned to guidelines and orientations of the IAEA, and covering fields such as The Regulatory Area and The Non- Regulatory Area. The study takes into account the acts of terrorism that indicate the use or threat of use of radioactive material, radiological weapons or even nuclear weapons, including local attacks where such materials are present. The Nuclear Security planning in a country includes everything. From planning a safety project from a core of a nuclear reactor to planning a gym's safety. It also includes physical security plan, safeguards plan, information security, the society's alert about any risk and actions to prevent and detect the different types of threats, such as the risk of sabotage, illegal transfer of radioactive material, among others.

Single-dose intranasal subunit vaccine rapidly clears secondary sepsis in a high-dose pneumonic plague infection

Yersinia pestis, the causative agent of plague, has killed millions throughout human history. Though public health initiatives have reduced the number of plague cases, it remains endemic in many areas of the world. It also remains a significant threat for use as a biological weapon. Naturally occurring multi-drug antibiotic resistance has been observed in Y. pestis, and resistant strains have been engineered for use as a biological weapon. Vaccines represent our best means of protection against the threat of antibiotic resistant plague. We have developed a vaccine consisting of two Y. pestis virulence factors, LcrV (V) and F1, conjugated to Tobacco Mosaic Virus (TMV), a safe, non-replicating plant virus that can be administered mucosally, providing complete protection against pneumonic plague, the deadliest form of the disease and the one most likely to be seen in a biological attack. A single intranasal (i.n.) dose of TMV-F1 + TMV-V (TMV-F1/V) protected 88% of mice against lethal challenge with 100 LD50 of Y. pestis CO92pgm-, while immunization with rF1 + rV without TMV was not protective. Serum and tissues were collected at various timepoints after challenge to assess bacterial clearance, histopathology, cytokine production, and antibody production. Overall, TMV-F1/V immunized mice showed a significant reduction in histopathology, bacterial burden, and inflammatory cytokine production following challenge compared to rF1 + rV vaccinated and unvaccinated mice. Pneumonic challenge resulted in systemic dissemination of the bacteria in all groups, but only TMV-F1/V immunized mice rapidly cleared bacteria from the spleen and liver. There was a direct correlation between pre-challenge serum F1 titers and recovery in all immunized mice, strongly suggesting a role for antibody in the neutralization and/or opsonization of Y. pestis in this model. Mucosal administration of a single dose of a Y. pestis TMV-based subunit vaccine, without any additional adjuvant, can effectively protect mice from lethal infection.

International Court of Justice and the threat of use of force

The subject of this research is the threat of use of force in the practice of interpretation of the International Court of Justice (ICJ). Special attention is paid to the analysis of formulations of court rulings regarding violations of the principle of non-use of force and threat of use of force. The practice of the ICJ on interpretation of the threat of use of force is directly tied to the practice of the Court on interpretation of the concept of use of force. The research explores rulings on interpretation of the threat of use of force in international law, dissenting opinions of judges, as well as position and arguments of sides. The work reflects the context of circumstances that served as the basis for Court’s decisions. In author’s opinion, major role is played by the circumstances contributing to the Court’s identification and interpretation of international law pertaining to the threat of use. This is first research within Russian doctrine dedicated to practice of interpretation of the threat of use of force in international law by the International Court of Justice. The conclusions reflected in this article allow fully formulate the Court’s stance on the threat of use of force.

Application of early necrectomy of a deep skin burn on rats with acute radiation syndrome of mild severity

The involvement of countries possessing nuclear weapons in local and regional armed conflicts poses a threat of use of nuclear weapon. In the case of this combined radiation injuries can make up to 70% of sanitary losses. The existing ideas about the methods of surgical treatment of combined radiation-thermal injures are contradictory and do not clearly provide procedure depending on the severity of injury or in non-classical forms of injury. The idea of the study was to estimate the effectiveness of performing an early necrectomy of a burn eschar after a two-factor injury, which includes modeling mild acute radiation syndrome in addition to a thermal burn on rats. A deep skin burn was simulated with hot water over an area of 10% of the body surface after total γ-irradiation at a dose of 3 Gy. Then after 3 h the burn eschar necrectomy was performed. It was established that the chosen method of surgical treatment of a deep burn significantly aggravates the severity of irradiated animals, which is manifested by the death of more than 50% of rats in the first 4 days after necrectomy. The operative trauma became the leading component of the combined injury formed and determined the severity of its course. Thus, the burn eschar necrectomy modifies a light two-factor radiation-thermal injury to a classic combined radiation injury. Despite the severe postoperative period, necrectomy significantly accelerates the healing of burn wounds in irradiated animals. This indicates the promise of finding methods for compensating abnormalities developing in the postoperative period in order to accelerate wound healing before the onset of radiation sickness and prevent infectious complications.

The principle of preventing the threat of force in international relationsWithin the framework of the Charter of the United Nations: مبدأ منع التهديد باستعمال القوة في العلاقات الدولية في إطار ميثاق الأمم المتحدة

The study dealt with the principle of preventing the threat of use of force in international relations within the framework of the Charter of the United Nations by stating the content of the principle of preventing the threat of use of force in accordance with Article 2/4 of the Charter of the United Nations and analyzing legitimate exceptions to the use of force in accordance with the provisions of general international law. In order to achieve the objectives of the research, the descriptive approach was adopted to analyze the provisions of the Charter of the United Nations and international law and the international conventions governing the principle of preventing the threat of force in international relations and the views of scholars of international law. The problem of research is highlighted in the weaknesses of the Charter of the United Nations Force in international relations. The study concluded that the principle of preventing the threat of force in international relations was one of the fundamental pillars of the international legal order established by the Charter of the United Nations. The study reached a number of recommendations, the most important being the re-evaluation of measures to maintain international peace and security through a review of The Security Council acted by reducing the veto.

Digital Money: An Analysis of Users’ Perception

Now a days the country moves towards a cashless economy. The Government of India with a vision to transform India into a digitally empowered society and knowledge economy for that reason the government encourages people to use digital money. People are using digital modes of money, at same time many people hesitate to use the digital money because it has global reach and also has demerits. The present study emphasizes on perception about use of digital money and views about advantages and disadvantages of digital money. The study covers opinion about advantages and threats of use of digital money. To justify above mentioned objectives secondary and primary data has been used, and suitable statistical tools and techniques have been applied to draw finding and conclusions.

КОМПЛЕКСНЕ ЗАБЕЗПЕЧЕННЯ ВІЙСЬК ЗА ДОПОМОГОЮ АВТОМОБІЛЬНИХ ПЕРЕВЕЗЕНЬ

The provision of road transport is a complex of measures for enemy's intelligence, areas of loading (unloading) and traffic routes, protection against weapons of mass destruction and inflammation, protection, camouflage, anti-aircraft, anti-tank defense, engineering, material, technical and medical supplies. Protection against weapons of mass destruction includes: radiation, chemical and bacteriological exploration; warning of personnel about the threat of use by the enemy of weapons of mass destruction, information about the zone of damage, areas of debris and fires, alerts on radioactive, chemical and bacteriological damage; use of protective properties of the area and shelter; conducting anti-epidemic, sanitary and preventive measures; provision of means of antichemical protection, sanitary processing of personnel and special equipment processing; neutralizing the consequences of the use of weapons of mass destruction by the enemy. Protection of the automobile column is carried out continuously, mainly on its own resources and means, in accordance with the military calculation; the main attention being paid to organizing the alert of the personnel about the threat of an attack of the enemy and action on alert signals. In the organization of air defense car columns are used mainly by passive means of protection against air attack, namely: dispersed placement of units and their masking; vehicle and personnel shelter; increase of distances between cars when driving the column; use of natural conditions of the terrain. The purpose of material support is to provide motor vehicles with fuel and lubricants, and personnel - ammunition, means of protection, real estate and food products, as well as the creation of the necessary conditions for its heating during transportation in the cold season. Technical support for road transport includes the organization of maintenance, operation and repair of vehicles, as well as the evacuation of defective vehicles to repair sites. In the course of road transport, anti-epidemic measures should be envisaged, the main of which is the intelligence of the sanitary and epidemiological situation of transportation districts, and the carrying out of preventive disinfection measures.

Hydrogen Sulfide Toxicity: Mechanism of Action, Clinical Presentation, and Countermeasure Development.

Hydrogen sulfide (H2S) is found in various settings. Reports of chemical suicide, where individuals have combined readily available household chemicals to produce lethal concentrations of H2S, have demonstrated that H2S is easily produced. Governmental agencies have warned of potential threats of use of H2S for a chemical attack, but currentlythere are no FDA-approved antidotes for H2S. An ideal antidote would be one that is effective in small volume, readily available, safe, and chemically stable. In this paper we performed a review of the availableliterature on the mechanism of toxicity, clinical presentation, and development of countermeasures for H2S toxicity. In vivo, H2S undergoes an incomplete oxidation after an exposure. The remaining non-oxidized H2S is found in dissolved and combined forms. Dissolved forms such as H2S gas and sulfhydryl anion can diffuse between blood and tissue. The combined non-soluble forms are found as acid-labile sulfides and sulfhydrated proteins, which play a role in toxicity. Recent countermeasure development takes into account the toxicokinetics of H2S. Some countermeasures focus on binding free hydrogen sulfide (hydroxocobalamin, cobinamide); some have direct effects on the mitochondria (methylene blue), while others work by mitigating end organ damage by generating other substances such as nitric oxide (NaNO2). H2S exists in two main pools in vivo after exposure. While several countermeasures are being studied for H2S intoxication, a need exists for a small-volume, safe, highly effective antidote with a long shelf life to treat acute toxicity as well as prevent long-term effects of exposure.

The crime of aggression in international law problems of the development of a universal definition

This article describes the problems associated with violating the principle of non-use of force or threat of use of force in modern international relations (the principle of the prohibition of aggressive warfare). The concept, essence and signs of the crime of aggression have been analyzed. Particular attention was paid to UN General Assembly Resolution 3314 on the definition of aggression and the Rome Statute of the International Criminal Court, which reveals the concepts and essential characteristics of the crime of aggression, as well as outlines the range of acts that should be recognized as committing acts of aggression. It is determined that there are problems in bringing to justice the states and individuals for the crime of aggression, especially when the acts of aggression are committed in a new type of war - a hybrid war. The role and significance of the UN and the Hague International Criminal Court in the mechanism for combating the crime of aggression and bringing the perpetrators to justice is analyzed. The author concluded that today there is an actual problem for adoption the international crime of aggression definition on the universal conventional level. The adoption of such a definition will contribute to preventing international crime of aggression and the efficiency of international law to combat it.

The potential stigmatizing effect of the Treaty on the Prohibition of Nuclear Weapons

ABSTRACTOn July 7, 2017, seventy-two years after the start of the nuclear era, 122 states concluded the Treaty on the Prohibition of Nuclear Weapons (TPNW, or “ban treaty”). The treaty forbids the development, production, acquisition, possession, transfer, testing, use, and threat of use of nuclear weapons. Advocates of the TPNW understand that it will not automatically lead to a world without nuclear weapons. The treaty’s main goal is to stimulate a societal and political debate inside the nuclear-armed states and their allies by strengthening the antinuclear norm and by stigmatizing nuclear weapons and their possessors. This article assesses to what extent this process of stigmatization might take place. It starts by elaborating on the concepts of stigma and stigmatization. It then matches the concept of stigma with nuclear weapons, and with the humanitarian initiative behind the momentum that led to the TPNW. The article concludes by looking to different stigma-management approaches that can be used by the nuclear-armed states and their allies.

Voloshina Yu.V. Theoretical analysis of special-criminal prevention of threats of use of physical violence

Voloshina Yu.V. Theoretical analysis of special-criminal prevention of threats of use of physical violence

Improving the Security and Efficiency of Self Bag Drop Systems: Proposals Based on the Current State of the Technology and Aviation Accident Cases

The self-bag drop (SBD) system enables passengers to complete all boarding procedures, from issuing air tickets to consigning baggage, by themselves. The SBD system has various advantages, such improving the speed of passenger circulation, decreasing waiting time during check-in, and reducing airlines’ operational costs. However, this system faces the potential threat of use as a tool for air terrorism, given that it is a new technology. This study intended to determine methods to improve the security and efficiency of the SBD system by investigating the existing literature on SBDs, self-check-in, airport security, air terrorism, aviation accidents, risk management, and information security. To gather real-time information about SBD operations, this study examined 12 airports in North America, Europe, and Asia based on previous studies of international SBD trends. The results reveal that the root causes of accidents and other problems are the absence of regulations and policies, human errors, and irregular information sharing among organizations. Thus, a process for justifying the necessity of new security measures through valid risk assessment is required.

Blast-Induced Damage Mapping Framework for Use in Threat-Dependent Progressive Collapse Assessment of Building Frames

This paper proposes a methodology for mapping structural damage onto building frames due to exterior blast threats for use in a threat-dependent progressive collapse assessment. The proposed approach contrasts with current practice, which typically relies on a threat-independent approach for progressive collapse analysis. Damage is mapped to the structure based on the calculated response of the discrete structural components (particularly the columns) to a blast-induced pressure time history. Contours of structural damage can then be mapped over the building face for discrete combinations of charges and standoffs. For a prototype reinforced concrete building frame, calculated distributions of damage for conventional explosive threats suggest that the current state-of-practice approach (in which damage is represented with a single column removal) may not constitute a generally conservative strategy for progress collapse-resistant design. The proposed framework can be used to determine standoff distances needed to reduce progressive multicolumn failure scenarios in building frames for high-risk facilities and can be used as input for a progressive collapse assessment of these frames.

After Lexmark Rejects Multifactor Measures for Standing, Which Challengers Stand in the Zone of Interests for Lanham Act Remedies?

The commercial value of trademarks, brand names, and related assets depends heavily on the certainty and predictability of the laws for registering, opposing, protecting, and cancelling these intellectual property assets. Predictability about the trademark laws drives the private recommendations and risk assessments that clients receive from attorneys and advisers. Trademarks, brand names, and other source-identifiers can become the most valuable intellectual property of a company. However, during the five years after a trademark is registered, a petition to cancel that registration can be filed, which can plead any ground on which registration might have been denied at the outset. Thus, after four-plus years of establishing brand identity and committing substantial investment to promoting a trademark, some unknown “person who believes that he is or will be damaged...by the registration” can petition to have it cancelled — if that “person” has statutory standing. Using outdated, multi-factor tests for standing enables overuse or the threat of use of Trademark Trial and Appeal Board (“TTAB”) procedures to challenge registered marks.Lanham Act-standing was bound up in Article III tenets and “prudential” limitations disconnected from the statutory text. The Act’s remedies required resort to civil suits and appeals, as well as petitions to an administrative tribunal whose decisions were reviewable in a district court or by direct appeal to the Federal Circuit.Recent Supreme Court decisions on the Lanham Act’s remedies impact, or should impact, the pleading, practice, and effect of actions to oppose or to cancel a registered trademark. The degree to which these decisions affect the predictability of the Lanham Act and the concomitant effect on the value of trademarks and brand names will evolve through the lower courts. One purpose of this Article is to urge that standing to petition the TTAB administrative tribunal for the remedies of cancellation or opposition should be governed by the pleading and practice standards the Supreme Court articulated in Lexmark International, Inc. v. Static Control Components, Inc. Although, Lexmark only considered Lanham Act § 43(a) claims. Yet, it dealt with statutory text virtually identical to that governing standing in §§ 13 and 14 actions, and as to all of these challenges, the harm typically claimed is a likelihood of marketplace confusion. Based on corresponding text in the statutes and similarities in the basis for the challenges, the Lexmark pleading requirements — being in the statutory “zone of interests” and alleging harm closely connected to those interests — should be extended to the pleading of TTAB challenges to registration of trademarks.