Valid Reasons Research Articles

Explaining and Understanding Formal and Informal Institutions in the Age of Globalization

Our social order is shaped by institutions, which makes them important. Governmental players adhere to the formal or informal regulations that institutions set out. Any political system has informal institutions, albeit it can be challenging to understand how they relate to formal ones. An extensive examination of the many definitions of institutions is presented in this paper. Many instances from many subfields are given, which in turn emphasize how universal the key issues facing political actors in various substantive situations are. Afterwards, it is clarified what the ramifications of considering institutions in this way are and how they contribute to these strategic problems by resolving or generating them (consciously or not). Understanding how institutions function necessitates looking at their historical background. Three specific obstacles that arise when attempting to understand and justify the beginnings of institutions are identified; these issues indicate some of the domains in which our understanding of institutions is limited. This paper aims to highlight the common challenges encountered when attempting to comprehend the formation and operation of institutions, offering valid reasons for researchers in related fields to collaborate more to improve our understanding of institutions. Generally speaking, it is untrue to say that there is a boundary between absolutely "formal" and fully "informal" institutions. This paper reveals that this unexpected claim is an invitation for academics to consider several issues. Firstly, to distinguish formal and informal institutions from one another, definitions of each are required. Second, discussing the connection between formal and informal institutions is crucial. By doing this, disparities between various forms of informal institutions and their ranges of complexity are distinguished. Third, it is critical to comprehend how formal and informal institutions affect the sort of regime (autocracy vs. democracy) and vice versa. The subject of how informal institutions are generated, created, and maintained is also discussed in this context. This paper concludes with a discussion of methodological perspectives on formal and informal institutions. It considers the use of typologies that encompass formal institutions and are frequently employed in the study of governance systems for this reason. The discovery by certain researchers that informal structures have a significant and frequently surprising impact on the functioning of formal institutions serves as the foundation for subsequent discussions.

EHospitals and Parkinson’s disease care: audit insights from an EPIC-integrated Hospital

Abstract Introduction Parkinson’s disease (PD) is a neurodegenerative condition that affects approximately 145,000 individuals in the UK. PD symptoms are managed primarily through medications such as levodopa and dopamine agonists. Delays or omissions in administering these medications is the primary reason for increased length of stay in up to 73% of emergency admissions.1 This audit investigated the management of PD medications at Cambridge University Hospitals to identify areas for improvement in clinical practice. Aim This audit aimed to evaluate the pharmacological management of PD patients admitted to Cambridge University Hospitals NHS Trust. Specifically, it sought to assess the accuracy of drug histories, the quality of medication administration, and adherence to standards set by Parkinson’s UK ‘Get it on Time’ campaign and NICE.2,3 Methods A cross-sectional audit was conducted, reviewing the records of PD patients admitted over a three-month period. The sample included patients with a confirmed diagnosis of idiopathic PD who were prescribed at least one PD medication. Data were collected retrospectively from the electronic patient records, focusing on ten performance standards. Ethical approval was not required as the study involved a retrospective review of existing clinical records. Results The audit included 63 admissions, predominantly male (65%) with a mean age of 78.5 years. A significant portion of patients (81%) had their drug histories completed by a doctor after clerking, and 90% had orders for their regular treatment generated immediately post-clerking. Pharmacy staff completed drug histories within 24 hours for 81% of patients, though discrepancies between medical and pharmacy histories were noted in 70% of cases. Medication reconciliation within 24 hours was achieved for 83% of patients, yet only 29% received their PD medications on time for every dose. Additionally, 76% did not miss a dose or had a valid reason recorded for missed doses. 83% had PD listed in their electronic problem list after clerking. Alarmingly, just 5% were assessed for Self-Administration of Medicines (SAM), and 76% were assessed by a PD specialist during their stay. Discussion and conclusion The audit revealed substantial gaps in PD medication management, particularly regarding discrepancies between medical and pharmacy drug histories and delays in medication administration. The low rate of SAM assessments and inconsistent PD specialist consultations were also significant concerns. These findings highlight the need for improved documentation practices, such as standardized templates within the EPIC system, and increased pharmacy involvement during early stages of admission. Appropriate staffing levels and better interdisciplinary coordination are essential. The audit identified critical areas for improvement, emphasizing the need for better documentation, timely administration, and enhanced interdisciplinary coordination. Future audits should aim to randomize patient selection over a longer period to minimize bias and provide a more comprehensive assessment of medication management practices. The audit was limited by its retrospective design and the specific three-month timeframe, which may not fully represent broader trends. The exclusion of admissions shorter than 24 hours and the focus on a single hospital trust also limit the generalizability of the findings. Future studies should consider a larger, more randomized sample to validate and expand upon these results.

Human intelligence: is the human brain reasonable?

The human brain is a remarkable organ which, in addition to many vital functions, is also extremely adaptable and capable of learning. As a result, the brain is a highly individual organ that is shaped by culture. This complicates the search for a universally valid reason that must be anchored in the brain.

Revolution or risk?-Assessing the potential and challenges of GPT-4V in radiologic image interpretation.

ChatGPT-4 Vision (GPT-4V) is a state-of-the-art multimodal large language model (LLM) that may be queried using images. We aimed to evaluate the tool's diagnostic performance when autonomously assessing clinical imaging studies. A total of 206 imaging studies (i.e., radiography (n = 60), CT (n = 60), MRI (n = 60), and angiography (n = 26)) with unequivocal findings and established reference diagnoses from the radiologic practice of a large university hospital were accessed. Readings were performed uncontextualized, with only the image provided, and contextualized, with additional clinical and demographic information. Responses were assessed along multiple diagnostic dimensions and analyzed using appropriate statistical tests. With its pronounced propensity to favor context over image information, the tool's diagnostic accuracy improved from 8.3% (uncontextualized) to 29.1% (contextualized, first diagnosis correct) and 63.6% (contextualized, correct diagnosis among differential diagnoses) (p ≤ 0.001, Cochran's Q test). Diagnostic accuracy declined by up to 30% when 20 images were re-read after 30 and 90 days and seemed unrelated to the tool's self-reported confidence (Spearman's ρ = 0.117 (p = 0.776)). While the described imaging findings matched the suggested diagnoses in 92.7%, indicating valid diagnostic reasoning, the tool fabricated 258 imaging findings in 412 responses and misidentified imaging modalities or anatomic regions in 65 images. GPT-4V, in its current form, cannot reliably interpret radiologic images. Its tendency to disregard the image, fabricate findings, and misidentify details, especially without clinical context, may misguide healthcare providers and put patients at risk. Question Can Generative Pre-trained Transformer 4 Vision (GPT-4V) interpret radiologic images-with and without clinical context? Findings GPT-4V performed poorly, demonstrating diagnostic accuracy rates of 8% (uncontextualized), 29% (contextualized, most likely diagnosis correct), and 64% (contextualized, correct diagnosis among differential diagnoses). Clinical relevance The utility of commercial multimodal large language models, such as GPT-4V, in radiologic practice is limited. Without clinical context, diagnostic errors and fabricated findings may compromise patient safety and misguide clinical decision-making. These models must be further refined to be beneficial.

Genetics, age, and diet influence gut bacterial communities and performance of black soldier fly larvae (Hermetia illucens)

BackgroundThe gut microbiota of black soldier fly larvae (BSFL, Hermetia illucens) play a crucial role in recycling various organic waste streams. This capability is linked to the presence of a potential common core microbiota in BSFL. However, subjective thresholds for defining core taxa and the difficulty of separating genetic and environmental influences have prevented a clear consensus in the literature. We analysed the gut bacterial communities of two genetically distinct BSF lines (wild type (WT) and lab-adapted line (LD)) raised on ten different diets based on common agricultural by-products and food waste in Southeast Asia.ResultsHigh-throughput 16S rRNA gene sequencing revealed that gut bacterial communities were significantly influenced by genetics (p = 0.001), diet (plant/meat-dominated; p = 0.001), larval age (p = 0.001), and the interactions between all three (p = 0.002). This led us to investigate both common core taxa and lineage-specific core taxa. At a strict > 97% prevalence threshold, four core taxa were identified: Providencia_A_732258, an unclassified genus within the family Enterococcaceae, Morganella, and Enterococcus_H_360604. A relaxed threshold (> 80% prevalence) extended the core to include other potential common core taxa such as Klebsiella, Proteus, and Scrofimicrobium. Our data suggest that Proteus, Scrofimicrobium, Corynebacterium, Vagococcus_B, Lysinibacillus_304693 (all LD), and Paenibacillus_J_366884 (WT) are lineage-specific rather than members of a common core (> 90% prevalence in either LD or WT, with prevalence significantly different between lines (p ≤ 0.05)). Positive correlations were observed between several core genera and larval performance in LD, typical of a highly optimized lab-adapted line. Interestingly, only members of the genus Providencia appeared to play a crucial role in most aspects of larval performance in both genetic lineages.ConclusionOur study demonstrates that the gut microbiota of BSFL is influenced by genetic factors, diet composition, larval age, and their interactions. We identified a distinct lineage-specific core microbiota, emphasizing genetic background’s role. Future studies should apply a standardized high prevalence threshold of at least > 90% unless there is a valid reason for relaxation or sample exclusion. The consistent association of Providencia spp. with larval performance across both genetic lines highlights their crucial role in the BSFL gut ecosystem.

Why be moral?

This article critically examines two different answers to the ancient question, why be moral. The first suggests that valid reasons refer to a specific relation between human beings and God. Here, being moral means to treat oneself and others with the respect that is the due of God’s closest friend. The second argues that we have good reasons for being moral when being moral makes us happy (realizes Eudaimonia). The investigation offers two results, one critical and the other constructive. The critical shows how and why both theistic accounts of bestowed human dignity and eudaimonistic accounts offer no relevant reasons for being moral. The constructive result builds on an observation; both accounts presuppose the inherent force of the obligation to act morally right. It shows that the reasons for being moral should be explicated as internal to the very meaning of being moral.

Deadline for acceptance of inheritance: legal aspects and consequences of omission

The article examines the question of the meaning of the term for accepting inheritance in Ukraine, the calculation procedure and the consequences of omission. The six-month period established by current legislation for submitting an application for acceptance of inheritance is sufficient for the heir to take legally significant actions regarding acceptance of inheritance. According to the civil legislation of Ukraine, the heir is obliged to take active actions to accept the inheritance, in particular, to submit an application for its acceptance to a notary, if he did not live with the testator. The passive behavior of the heir indicates a lack of desire to accept the inheritance and, accordingly, a rejection of the inheritance. In the civil legislation of the Republic of Poland, one can observe the opposite approach to acceptance or rejection of inheritance. However, in practice, there are often situations of missing the deadline for accepting the inheritance, which can lead to the loss of the right to inheritance, and in turn, raises problematic issues regarding the granting of an additional deadline for accepting the inheritance. The legislation of Ukraine provides for the possibility of the court granting an additional term for accepting the inheritance under certain conditions. The heir may submit an application for acceptance of the inheritance with the written consent of other heirs who have already accepted the inheritance. Also, the court can determine an additional deadline for submitting an application, if the deadline was missed due to valid reasons. Based on the analysis of judicial practice, the reasons for missing the deadline, which were recognized by the court as valid, were considered. These are the circumstances that objectively made it impossible to submit the application in a timely manner. Circumstances related to objective, insurmountable and significant difficulties for the heir in carrying out these actions are important reasons for missing the deadline for accepting the inheritance. The resolution of the issue of granting an additional term for acceptance of the inheritance depends on the specific circumstances of the case and belongs to the discretionary powers of the court, that is, it is decided at the sole discretion of the court. With this in mind, it is impossible to predict all possible circumstances that may be considered relevant.

Trusting Our Instincts: Evaluating the Evolutionary and Rational Foundations of Moral Intuitions

This paper delves into the nature and reliability of moral intuitions, building upon Jonathan Haidt’s social intuitionist model, which suggests that moral judgments stem from instinctive reactions followed by rational justifications. By examining Haidt’s experiments, which reveal the primacy of intuitive responses over rational deliberation, this paper seeks to address whether we have valid reasons to trust these moral intuitions. Drawing from evolutionary psychology, it argues that moral intuitions have historically contributed to the survival and success of the human species, thereby providing them with normative value. However, given the rapid advancements in technology and societal changes, these intuitions may sometimes lead to nonoptimal or disastrous outcomes. The paper proposes a rational test to determine the reliability of moral intuitions: we should trust an intuition if its generalized application benefits the human species. Potential counterarguments, such as the historical misuse of evolutionary logic in eugenics, are addressed to underscore the validity of this test. The conclusion emphasizes that while moral intuitions are generally trustworthy due to their evolutionary roots, rational thought must intervene when intuitions become outdated in the face of contemporary challenges.

Introduction: Falling Between Two Schools

Abstract This introductory article situates research into Islamic notions of pacifism and nonviolence by considering interpretive challenges that include the history of Eurocentrism and the challenge of interdisciplinarity. It argues that both academic Philosophers and Religious Studies specialists confront a range of disciplinary challenges in interpreting and explaining Islamic nonviolence and pacifism. Moreover, the paper argues that the neglect of Islamic nonviolence in the modern Western academy is also the result of residual Eurocentrism, reflected in the fact that Christian nonviolence is better known and more widely studied in the Anglo-American world than Islamic nonviolence. This introductory article proposes that paying attention to disciplinary silos and Eurocentric biases can help explain the neglect of Islamic pacifism. This neglect is a contingent result of historical, cultural, and disciplinary factors; and there is no valid reason to exclude Islamic nonviolence from academic study.

Actual Problems of Protecting the Rights of Heirs in Case of Abuse of the Right by Creditors

Introduction: the protection of the rights of heirs when they are sued by creditors of the testators long after the death of the borrower remains an urgent issue for modern science and practice. By virtue of the current civil legislation, the inheritance estate includes not only the property of the testator but also his debts. Some creditors, abusing their rights, intentionally do not go to court for a long time to increase the amount of debt. In order to avoid this, the Plenum of the Supreme Court of the Russian Federation has clarified that the claims of creditors who filed a claim for collecting interest on a loan agreement after a long time without valid reasons are not subject to satisfaction for the period from the date of the opening of the inheritance if the heirs did not know about the existence of the testator’s obligation. Despite this, there is no uniformity in judicial practice in this matter, which violates the rights of heirs who did not know about the debt. In this regard, the purpose of the study is to determine the circumstances that affect the recognition of the creditor’s actions as an abuse of the law and the satisfaction of claims or refusal to satisfy them. Results: the analysis of the materials of judicial practice is carried out, upon which the problems of violation of the rights of heirs in cases of abuse of the right by creditors of the testator are specified. Conclusions: based on the studied material, it is concluded that it is necessary to improve the mechanism for protecting the rights of heirs. According to the results of the study, the authors have proposed possible methods for solving the problems identified during the study.

Application of measures of procedural coercion in the economic process: certain aspects

The article is devoted to the study of certain aspects of the application of measures of procedural coercion in the economic process. In particular, the study of the effectiveness of the application of certain measures of procedural coercion in the economic process. This topic was chosen for research in view of the illegal behavior of participants in the economic process, which, according to the analysis of court practice, has recently become a mass phenomenon and has diversified into various types. The state of war in Ukraine also affected both the process of consideration of economic disputes and the behavior of the participants in the economic process, in particular of a negative nature, such as failure to appear at a court session without a valid reason, which prolongs the time frame for consideration of the case. For this purpose, it was established that in accordance with Part 3 of Article 42 of the Economic Procedural Code of Ukraine (hereinafter referred to as the Code of Economic Procedure of Ukraine), in the event that a party to the case fails to fulfill its obligations, the court shall apply procedural coercion measures to such a party to the case provided for by the Code of Criminal Procedure [1]. Pursuant to part 1 of Article 132 of the Criminal Procedure Code, measures of procedural coercion are: 1) warning; 2) removal from the courtroom; 3) temporary seizure of evidence for investigation by the court; 4) fine. At the same time, the application of procedural coercion measures to a person does not exempt him from fulfilling his duties. It was determined that in accordance with Part 2 of Article 131 of the Criminal Procedure Code, procedural coercion measures are applied by the court by issuing a resolution. At the same time, paragraph 16 of part 1 of article 255 of the Criminal Procedure Code establishes that decisions of the court of first instance on the collection of a fine in the procedure of procedural coercion may be challenged in the appeal procedure [1]. Also, the court itself can cancel the decision on the collection of a fine issued by it in accordance with the sixth part of Article 135 of the Criminal Procedure Code, if the person in respect of whom it was issued corrected the committed violation and (or) provided evidence of the validity of the reasons for not fulfilling the relevant requirements of the court or his procedural duties. Based on the results of the analysis of the norms of economic procedural legislation and court practice, the need to make changes to the norms defining the procedure for applying measures of procedural coercion in the economic process is substantiated.

La botanique d’Aristote

Abstract Whereas several zoological Aristotelian works have been preserved, Aristotle is reported to have written only one short botanical treatise. Such reports seem to conflict with his self-described ambition to study plants as well as animals. Even though this treatise is now lost, the available evidence suggests that Aristotle had valid reasons to find the subject-matter of plants much less interesting, as their activities amount to a subset of what animals do. When studying attributes common to both plants and animals in the transmitted corpus, Aristotle systematically focuses on the case of the most complex animals and, once an explanatory model has been found, proceeds to apply it to the remaining cases with less details. I argue that this procedure, although it runs counters to the intuition that one ought to start with the most simple case, corresponds to a general scientific method. Consequently, most of Aristotle’s botany is found to be already encapsulated in the main results of his study of animals.

State and Fiqh: Examining the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.

Perceptions of journal editors on the use of eponyms in anatomical publishing: the need for compromise

While arguments have been made both for and against the value of anatomical eponyms, limited research exists regarding their use by anatomists. As the editors of the principal international anatomy journals have purview and control of terminology in anatomical journals, their perceptions regarding the relevance, ethics and inclusivity of eponym use in anatomy and in publishing in anatomical journals were investigated. A validated, confidential and anonymized self-administered questionnaire which included open-ended questions was distributed to the 22 Editor-in-Chiefs/Senior Editors of anatomical journals. Of the 16 (73%) editors who responded to the survey, only 56% were aware that eponyms had been censured since the time of the 1895 Nomina Anatomica. The majority of responding editors found the use of Latin- and Greek-derived terms more valuable when communicating with students and peers, but also thought eponyms were acceptable in manuscripts submitted to their journals. Thirteen (81%) of the responding editors agreed that eponyms play a vital role in the history of anatomy, and some thought they were important for discussing bioethics concepts. However, 62.5% felt that there were valid reasons for their discontinuation. Half of the respondents did not consider the continued use of eponyms an ethical concern. Responding editors of anatomical journals prefer the use of Latin- and Greek- derived terms when interacting with other anatomists and students. However, the continued use of eponyms was seen as an important opportunity for discussion on the history and ethics of anatomy.

O-003 COC classifier: a new artificial intelligence-based tool for identifying mature oocytes from cumulus- oocyte-complexes

Abstract Study question Can the use of artificial intelligence (AI) enhance the prediction of mature oocytes (MII) from Cumulus-Oocytes-Complexes (COC) significantly surpassing the accuracy of well-trained embryologists? Summary answer The development of a COC classifier, an AI-based tool, improves the prediction of mature oocytes from COCs graded as 3 and 4 before oocyte denudation. What is known already Determining the maturity of Metaphase II oocytes before denudation is a challenge in assisted reproduction due to the presence of a dense cumulus mass surrounding the oocyte and obstructing proper manual scoring, a critical step in intracytoplasmic sperm injection (ICSI) due to risk of granulosa cells removal from immature oocytes. Although there is a certain correlation between COC morphology and nuclear oocyte maturity, it is not 100% accurate. It is reported that approximately 90% of MII oocytes are expected in expanded COCs (grade 1), while in COCs grade 4, more immature oocytes are predicted and only 25% are MII oocytes. Study design, size, duration 931 COC's from 145 patients were submitted to COC grading by both, manual and a new “COC classifier” from October to January 2023. 4 groups were formed according to Ebner criteria, 2008. Grade 1: 192 COC's (suspected mature), fluffy and radiant corona and cumulus; Grade 2: 318 COC's showing fluffy cumulus (suspected mature); Grade 3: 208 COC's with radiant corona (expected mature) and grade 4: 213 COC's (suspected immature) with dense cumulus without visible oocyte. Participants/materials, setting, methods Prospective study included 145 patients (39.3 years ±3.2) from September to December 2023. After COC obtention, excess of granulosa cells, dark and blood cells were removed. 3 hours after egg collection, COCs were photographed and scored manually by 9 well trained embryologists. Before denudation, obtained COCs were classified in 4 morphological stages according to Ebner et al, 2008. Finally, the taken photos from COC's were analysed by the COC classifier, a sypervised deep learning algorithm. Main results and the role of chance After COC's classification as following: Group 1 (suspected mature), fluffy and radiant corona and cumulus with visible oocyte; Group 2, COC's showing dense corona (oocyte clearly visible) but fluffy cumulus (suspected mature); Group 3, COC's with radiant corona (oocyte visible, expected mature); Group 4, COC's (suspected immature) with dense corona and cumulus without visible oocyte. The new software presented an MII oocyte accuracy of 79.16% for group 1, 87.1% for group 2, 83.17% for group 3, and 73.23% for group 4. In comparison, manual COCs grading by nine experienced embryologists yielded accuracy rates of 73.5% MII oocytes in group 1, 79.5% for group 2, 50.3% for group 3, and 46.9% for group 4. Statistical analysis, using the chi-square test, was performed to compare the accuracy rates between the COC classifier and manual grading. The results revealed significant differences in favor of the COC classifier when compared to manual method for the groups 3 and 4 (p < 0.001). These results indicate a superior performance of the COC classifier in predicting MII oocytes for groups with highest rates of inmture oocytes. However, for groups 1 and 2, there were no statistically significant differences between the COC classifier and manual grading. Limitations, reasons for caution Further validation through a large-scale, prospective, randomized study is necessary to confirm the efficacy and reliability of the new COC classifier, particularly in patients with oocyte cohorts enriched with grade 3 and 4 COCs. Ongoing research is currently being conducted in our laboratory. Wider implications of the findings The new COC classifier, an AI-based tool, developed by our group, offers a non-invasive and efficient method in predicting mature oocytes before denudation by identifying more MII oocytes from patients’ cohorts enriched with grade 3 and 4 COC's, postponing denudation and injection timing or destinating them to conventional IVF Trial registration number 5678765

Vertical Collusion And Re-Running Tender: A Study Of The Decision Of The Indonesian Business Competition Supervisory Commission (KPPU) NO: 17/KPPU-L/2022

This study was conducted to analyze the Business Competition Supervisory Commission's consideration of re-tendering as a vertical conspiracy, as well as to examine arrangements for the application of re-tendering that provide legal certainty for project owners and tender participants. This research uses qualitative normative methods involving steps such as statutory studies, case studies, and conceptual approaches. This research uses a statutory approach to examine related regulations, a case approach to analyze decisions related to tender conspiracy, and a conceptual approach to understand relevant legal ideas and concepts. The results showed that the Business Competition Supervisory Commission (KPPU) concluded that there was a tender conspiracy in the process of canceling and re-running the tender by PT Jakarta Propertindo (Perseroda). Where PT Jakarta Propertindo (Perseroda) is a company officially assigned by the Provincial Government of DKI Jakarta to plan, build, manage, and maintain the Jakarta Arts Center Taman Ismail Marzuki. The Commission Panel found that the Reported Party I, which canceled the tender without a valid reason and could not be accounted for, deliberately did so to facilitate the Reported Party II and the Reported Party III to win the tender. Changes in the assessment procedures, especially in the experience aspect of the technical assessment, proved the intent of the Procurement Team to increase the technical scores of the Reported Party II and the Reported Party III. Thus, it confirms the role of KPPU in prohibiting vertical conspiracy and re-tendering in the practice of goods and services procurement, which provides legal certainty for project owners and tender participants

PENGAKHIRAN PERJANJIAN SEPIHAK DALAM PERSPEKTIF HUKUM DAN HAK ASAS MANUSIA

Human rights are inherent in every human being to have the same rights, including unilateral termination of agreements, then human rights are disturbed and not protected. The research method uses normative juridical research, namely the doctrinal method, namely taking an inventory of positive law, discovering legal principles and doctrines, synchronizing existing laws and regulations and conducting research by examining and examining various existing literature. With a Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The research results show that terminating a unilateral agreement can potentially be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and the law, causing harm to the other party. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to guarantee legal certainty and human freedom without discrimination.

To relocate, or not? The future of small and remote communities in the Nordic Countries facing natural hazards

Remote communities are often particularly vulnerable to the effects of climate change in the form of increased risk of hazards such as avalanches, storms, flooding, or landslides. This is due to, for example, nature-dependent livelihoods, large distances from emergency services as well as limited resources and expertise for climate adaptation work. Still, most remote communities are dependent on support from wider society if they are to successfully address the increased challenges that a changing climate entails. This commentary aims to spark a discussion on the controversial issue of relocation of remote communities living in high-risk areas. In the Nordic context, relocation is often avoided (and not discussed) due to many valid reasons, such as the right of each citizen to get state services regardless of where they live, the value of having dispersed settlements, and strong place attachment of remote communities. Nonetheless, we argue that researchers, policymakers and broader society should discuss if living in high-risk areas is still reasonable in the light of climate change? While raising this question often leads to a simplified debate about forced relocation, we aim to contribute to a more nuanced debate. Maybe relocation might indeed be a more resilient and sustainable long-term solution for (some) remote communities.

채무불이행의 면책사유로서의 불가항력 - 프랑스에서의 논의를 중심으로 -

The French Civil Code provides for strict liability and exemption from force majeure for damages resulting from non-performance. However, in practice, the cases of force majeure are expanded and interpreted to operate similarly to the non-performance liability principle. In French academic circles, there is also a strong view that force majeure, which is a ground for exemption from non-performance, is the same as no fault. The liability for damages resulting from non-performance is a variation of the original obligation, and the occurrence of the liability for damages is determined by the standards of the duty of care of the original obligation. On the one hand, imposing a good manager's duty of care, but on the other hand, saying that liability for damages arises if a higher duty of care is not fulfilled can be seen as a contradiction. In particular, it should be noted that the degree of duty of care may be changed by law or agreement of the parties. It is not reasonable to ignore these changes and unconditionally require irresistibility, impose a very high duty of care, and pay compensation for damages if this is not done. Even our civil law is based on the duty of care of a good manager (Articles 374 and 681). However, in some cases, the duty of care could be seen as a duty of care towards one's own property. (Articles 695 and 922). In addition, the degree of duty of care may be strengthened by agreement between the parties through strict liability, or the degree of duty of care may be weakened by indemnification for non-performance of obligations due to negligence. Uniformly in all cases, it is difficult to find a valid reason to impose a very high duty of care on the debtor, and force the debtor to perform the obligation unless performance is virtually impossible. If the debtor has fulfilled the duty of care or duty of good faith required by the provisions of the law or the agreement of the parties, it would be reasonable and appropriate to exempt the debtor from liability for damages even if there is a non-performance.

IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION

The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.