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The article attempts to analyze administrative and procedural legal relations from the point of view of characterizing the ratio of their regulatory and protective nature.The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.The paper calls into question the possibility of using the protective legal relationship as a basis for distinguishing procedural and material legal relations. The author argues that not all activities and actions that have a protective nature and are carried out in the process of public administration are procedural in nature. The assumption that the emergence of a legal process is connected not only with a protective legal relationship arising from noncompliance with obligations or the occurrence of other situations entailing the use of coercive measures, but also in order to ensure respect for the rights of participants in the process from abuse of power by persons making both interim and final procedural decisions is made. Ensuring the rights of participants in the administrative process is carried out by establishing specific administrative procedural actions, deadlines, administrative procedural decisions, procedural grounds for their adoption, etc. The legal process, including the administrative process, must be considered from the point of view of establishing the truth in the case, but at the same time guarantees must be provided that prevent the abuse of power by on the part of the ruling entity and the right on the part of all participants in the process. At the same time, administrative procedural regulation is aimed not only at establishing legal facts, comprehensiveness, completeness and objectivity of the consideration of an administrative case, but also at protecting the rights of persons involved in the case and ensuring their duties. Hence, the protective nature of administrative and procedural legal relations does not follow from the main substantive legal relationship, but from the corresponding purpose of protecting and ensuring the legitimate procedural rights and obligations of participants in the administrative process.Administrative and procedural legal relations, realizing the regulatory function of law, are formed on the basis of regulatory norms that provide for administrative and procedural rights and obligations of relevant subjects in the consideration and resolution of administrative cases. In addition to the fact that administrative and procedural legal relations are regulatory, they also have a law enforcement character. The regulatory function of administrative and procedural law is expressed in the establishment of not only administrative and procedural actions that should (can) be committed by the subjects of administrative and procedural legal relations when initiating, establishing circumstances, considering an administrative case, but also in their specific sequence, timing of commission, as well as types of administrative and procedural decisions, etc. The protective function of administrative and procedural law is to protect the administrative and procedural rights and interests of all participants in legal relations.Based on the above, the author comes to the conclusion that administrative and procedural legal relations are of a regulatory and protective nature.

In the article, the author reveals the historical prerequisites for the birth and development of the mediation institute on the territory of modern Ukraine. Attention is focused on the prospects for the further development of mediation, the expansion of the practice of its application in Ukraine. It was noted that the law, as a result of the evolution of society and the most effective social regulator tested by thousands of years of experience, is designed to prevent the emergence of acute conflicts in society and to balance the interests of the main segments of the population regarding the use, protection and protection of material goods and intangible values. The dialectics of legal regulation proves that society has historically tried to develop and implement mechanisms to prevent and overcome legal conflicts, realizing that legal conflicts are potentially dangerous for the entire society and for each person. It has been established that the institution of mediation is not new in the system of combating legal conflicts, it was born in the European states of the ancient era and retains its relevance even today. Therefore, it is quite logical to start the scientific study of mediation, its theoretical-legal and practical aspects with the analysis of the historical-legal prerequisites of its emergence in Ukraine and further prospects for its development. The author concluded that the prerequisite for the development of the institution of mediation in all developed legal systems is the awareness of the majority of the international community (states and international organizations) and active consumers of mediation services – participants in international private legal relations - of the effectiveness, convenience and perspective of settling their legal disputes not through numerous courts, and through the mediation of a jointly chosen independent entity – a mediator. The clearest proof of Ukrainian society’s readiness for mediation was the adoption at the national level of a special legislative act «On Mediation», which defines the legal basis and procedure for conducting mediation as an extrajudicial procedure for conflict (dispute) settlement, the principles of mediation, the status of a mediator, requirements for his training and other issues, related to this procedure. [ABSTRACT FROM AUTHOR]

OBJECTIVE: One of the most important parts of accurate wound definition is wound depth. In our study, we aimed to reveal the deficiencies in the depth of wound definition in the general forensic examination forms prepared in the emergency services and to increase the awareness of the physicians responsible for preparing the general forensic examination form. MATERIALS AND METHODS: In our study, we included cases from the years 2020 to 2021 that were evaluated by our team upon seeking assistance from the Department of Forensic Medicine at Tokat Gaziosmanpasa University Medical School. These cases involved requests for final forensic reports following injuries. The general forensic reports of the cases were scrutinized concerning wound identification and whether they provided information regarding wound depth in the identification process. RESULTS: It was observed that 97 of 770 general forensic examination reports included a definition of wound depth. In only 27 of these cases, it was determined that the wound depth was specified in centimeters. CONCLUSIONS: The lack of definition of wound depth in forensic examination reports is an important deficiency. Physicians working in the emergency department are required to provide detailed information about the depth of the wound when preparing a general forensic examination report since it affects criminal law. In cases where it is not possible to measure the depth, at least information should be given about the condition of the muscle and fascia and the subcutaneous course of the wound. [ABSTRACT FROM AUTHOR]

Hate crimes have increased in frequency and types of crimes covered, drawing attention to state hate crime statutes. However, hate crime statutes are vague and inconsistent throughout the United States. Variation causes many Americans to no have legal protection against hate crimes and leads to underreporting of hate crimes. Due to this, victims differ in their legal protections, which causes arbitrary outcomes of justice. To evaluate the state of hate crime legislation, this study is a content analysis of all applicable hate crime statutes in the 50 states in the United States, and relevant themes were identified. The general theme of inconsistency was found in conceptualization, protected class and locations, official justice system responses, and victims' services. Hate crime statutes need improvement which can be accomplished by states mirroring other effective statutes and by legislative action from the federal government. [ABSTRACT FROM AUTHOR]

In the content of the article, the author investigated the peculiarities of the legal provision of mediation in Ukraine and the countries of the European Union. Despite the fact that today in legal science, a significant body of scientific works has been formed, which relate to certain aspects of mediation, it is worth noting that the issue of legal support for mediation in Ukraine has not been properly studied scientifically. Modern studies of the legal provision of mediation are especially relevant, given the high degree of its variability in Ukraine. On the basis of a critical analysis of the provisions of Ukrainian legislation in the field of mediation, its shortcomings and prospects for improvement were determined. The following are noted as shortcomings of the legal provision of mediation in Ukraine: a) the absence of provisions that would regulate the issues of mediation procedures, in particular before submitting an appeal to the court, during court proceedings, as well as during the execution of a court decision, etc.; b) inconsistency of its categorical and conceptual apparatus with established legislative terminology (for example, the terms "conflict" and "dispute"); c) inaccuracy of the legal provision of mediation principles; d) superficial, too general regulation of the mediation process itself; e) failure to take into account the European standard of mediation transparency, etc. The analysis of the peculiarities of the legal provision of the EU countries (France, Germany, Italy, Austria, etc.) made it possible to substantiate the prospects for improving the legal provision of mediation in Ukraine. It is summarized that the Ukrainian legislation has experienced legal transformations in the field of mediation, moving from the least effective and least reliable informal model to a specialized model by adopting the framework Law of Ukraine "On Mediation". In our opinion, the most effective model of legal support for mediation is the specialized model chosen by Ukraine, which, among other things, should be complemented by effective mechanisms of self-regulation of this legal activity through the development and application of acts of the so-called "unofficial law" adopted by professional associations of mediators. The combination of the legal regulation of mediation in Ukraine was noted: a) the typicality of the law "On Mediation", which established the legal foundation of mediation and regulated the most general and important issues in this area; b) self-regulating mechanisms of mediation, designed to ensure a quick response to the dynamic development of mediation and relations where it should be applied. [ABSTRACT FROM AUTHOR]

In the work, the author analyzed the ideas of the philosophers of Ancient Greece and Ancient Rome, in which the first ideas about law, its operation and effectiveness were formed. It was noted that the historical doctrinal analysis of law is an important method of studying law, which allows studying legal institutions and processes, on the one hand - in the sequence in which they arose, developed and changed each other, and, on the other hand - how they were perceived and understood what place they occupied in the history of legal thought. The current state of scientific understanding of the specified category is a consequence of the long-term formation of a multifaceted worldview perception of the specified phenomenon, which developed historically. Therefore, the answer to the question: how and when the category «action of law» arises, as it was perceived by thinkers and philosophers of the past, is mandatory for research in legal science, since, using the historical-legal method of scientific knowledge in combination with the method of logical analysis, we have the opportunity to follow important changes in the legal doctrine, its certain improvement, to analyze for ourselves the existing legal ideas about the operation of the law and to use them in the practical plane. Based on the analysis of the views of philosophers (Socrates, Plato, Aristotle, Seneca, Cicero, etc.), the conclusions were drawn that: 1) in the ideas of the thinkers of Ancient Greece and Rome, the effect of law has not yet received its categorical distinction, while at the same time, they present the characteristics of law, which are provided from the point of view of the process and consequences of its spread to the territory of the respective state and to the population living there; 2) the teachings of antiquity about the state and the law were based on idealistic concepts of eternal justice, and the issue of its achievement and provision through the proper operation of the law had a secondary character; 3) significant attention in the views of thinkers was paid to natural law, and the question of the effectiveness of law mainly concerned positive (written) law, as such, which ensures the inviolability of the laws of nature by society and individuals; 4) legal ideas of thinkers laid not only the worldview basis for understanding the operation of law, but also influenced the further development of: a) worldview perception of law as an activity-oriented phenomenon; b) scientific knowledge of law as a functional phenomenon endowed with a set of regularities. [ABSTRACT FROM AUTHOR]

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Objective: To identify, analyze, and characterize the incidents committed by nursing professionals received by the Nursing Ethics Committee. Methods: Integrative review conducted according to the methodology defined by the Manual for Evidence Synthesis from the Joanna Briggs Institute and registered on the Open Science Framework platform. Databases searched: Cumulative Index to Nursing and Allied Health Literature (CINAHL), Medical Literature Analysis and Retrieval System Online (MEDLINE via PubMed®), Web of Science, SciVerse Scopus (SCOPUS), Latin American and Caribbean Literature in Health Sciences (LILACS) and Nursing Database (BDENF) via Virtual Health Library (VHL). Studies entirely published in Portuguese, English, or Spanish (2018-2023) were included. Data management was carried out with Rayyan®. Results: A growing interest in infractions in complaints attributed to nursing professionals, which were accepted by the Nursing Ethics Committee in the professional context of the health area and expressed by predominant publications in the last five years, was verified. Conclusion: Mid-level professionals were the most reported, with a greater participation of Nursing Assistants. Negligence and Illegal Exercise of Profession were the criminal types of ethical infractions with the highest incidence. Nursing Ethics Committees, followed by victims' families, Regional Nursing Councils, victims, and nurses were the main categories of complainants of ethical violations. Verbal Warning was the most prevalent type of penalty applied. [ABSTRACT FROM AUTHOR]

The research is devoted to the development of legal norms in Greece in the ancient period. It is noted that certain issues of legal norms development in Greece in the ancient period were the subject of research by domestic lawyers and historians, but Ukrainian legal science currently lacks comprehensive historical and legal research on this issue which would cover the entire range of issues related to the origin and development of procedural law in Greece in the ancient period. It is emphasised that as a result of the formation of the political system, law-making activity is intensified. In addition, law-making activities are freed from the influence of religion and mythology. Instead of unwritten customs, which were interpreted by representatives of the ruling elite, secular law begins to be applied and enshrined in writing. The article examines the origin and development of procedural rules in Ancient Greece and the administration of justice in Athens, analyses its forms, and considers procedural aspects of the activities of representative institutions of that time in Greece. Given the general patterns of formation and development of the legal process in all its richness, the author draws attention to the ancient experience of non-jurisdictional forms of legal process. The author examines the jurisdictional (civil or criminal law) and non-jurisdictional (procedural aspects of representative institutions) forms of legal process in Greece of the ancient period. It has been concluded that in Ancient Greece, the procedural rules reflected the procedure enshrined mainly in the rules of customary law, which provided for the application of substantive legal rules. In most Hellenic States of ancient times, it had certain common features. The jurisdictional process in those days was a procedure that was enshrined in law and provided for the procedure for the exercise by public authorities or self-government bodies of their functions in the administration of justice, while the non-jurisdictional form of legal process regulated the procedural aspects of the activities of representative institutions.

At a time when developments in computational approaches, often associated with the now much-vaunted terms Machine Learning (ML) and Artificial Intelligence (AI), face increasing challenges in terms of fairness, transparency and accountability, the temptation for researchers to apply mainstream ML methods to virtually any type of data seems to remain irresistible. In this paper we critically examine a recent proposal to apply ML to polygraph screening results (where human interviewers have made a conclusion about deception), which raises several questions about the purpose and the design of the research, particularly given the vacuous scientific status of polygraph-based procedures themselves. We argue that in high-stake environments such as criminal justice and employment practice, where fundamental rights and principles of justice are at stake, the legal and ethical considerations for scientific research are heightened. Specifically, we argue that the combination of ambiguously labelled data and ad hoc ML models does not meet this requirement. Worse, such research can inappropriately legitimise otherwise scientifically invalid, indeed pseudo-scientific methods such as polygraph-based deception detection, especially when presented in a reputable scientific journal. We conclude that methodological concerns, such as those highlighted in this paper, should be addressed before research can be said to contribute to resolving any of the fundamental validity issues that underlie methods and techniques used in legal proceedings.

Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Violence against women is a complex phenomenon that is deeply embedded in Indian society. In this mixed methods article, court records data (2005–2010) from two sites in Maharashtra, India along with in-depth interviews with stakeholders were analyzed to examine the implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Out of 77.28% married women who filed a case under the PWDVA, 60.28% of them reported dowry-related harassment. Maharashtra has the social infrastructure in place to implement the law, although optimal use needs to be ensured for speedy delivery of justice. [ABSTRACT FROM AUTHOR]

The article analyzes the situation in Southern Manchuria in the Chinese city of Telin in 1901 as a result of the actions of Luzhansky (Luzhanskiy), a railway technician who served in the CER Society. Luzhansky showed direct violence toward indigenous people and Chinese workers during the laying of the track. The established administrative system of administration in the territory of the CER right‑of-way could not resolve the conflict between the Chinese and Russian subjects. Luzhansky's case could have been regulated by the Tianjin Treaty of 1858 and the 1896 treaty for the construction and operation of the railroad, but the railway technician's actions extended beyond Northern Manchuria. Given that the Luzhansky technician's trial caused a clash of Russian and Chinese jurisdictions, this article examines the formation of the judicial system in the CER right-of-way. Such cases of violations of Chinese rights by Russian railway engineers provoked a discussion between Russian ministers on the issue of organizing a Russian court in Manchuria. The specific case of engineer Luzhansky reflects the colonial behavior and the subject's reaction in frontier territory. This article considers only a local case of the exercise of a special imperial right by a railroad technician and the restriction of his activities as a result of violations of the law, corporate ethics, and the 1898 lease agreement.

On Wednesday, 19 July 2023, the President of South Africa ratified the 18th Constitutional Amendment Bill in terms of which South African Sign Language (SAGT) was declared as South Africa's 12th official language. South Africa was the sixth country to grant legal recognition to its sign language in 1996, only four years after the United Nations' 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and three years after South Africa had adopted its 1993 constitution which ushered in the political transition period in South Africa. Against this "lightning fast" recognition stands the full officialisation of the language in 2023, which was only realised after a further period of 27 years (after 1996). This inevitably raises the question of why the latter took relatively longer and why the initial constitutional recognition and officialisation in education in 1996 had happened relatively quickly. This question is investigated on the basis of a comparative study between the two "eras of officialisation" viewed in terms of a framework of language policy and language planning against the background of related international case studies. The investigation found that in both cases DeafSA as a sign language campaigner played a central role in achieving the organisation's aims. It was also found that the relative "speed" with which the first recognition had been achieved could largely be attributed to the political zeitgeist of the so-called Mandela era. [ABSTRACT FROM AUTHOR]

The notary of Ukraine plays an important role in the implementation of human rights and law enforcement functions in the system of law enforcement agencies of the country [1]. According to Art. 1 of the Law of Ukraine «On Notaries», a notary in Ukraine is a system of bodies and officials entrusted with the duty to certify rights, as well as facts of legal significance, and to perform other notarial actions provided for by this Law, with the aim of providing them of legal probability [2]. The activity of a notary has certain commonalities with the activities of other bodies of civil jurisdiction. Notarial activity is a type of legal and, accordingly, social activity and is aimed at providing official force and credibility to legal rights, facts and documents. А notarial process is a type of legal process, which is a legally established procedure for performing notarial acts. The notarial process is a procedural branch, therefore, when notarial acts are performed, notarial procedural legal relations characteristic of it arise. Notarial procedural relations can be considered a type of social relations that arise between persons who perform notarial acts and persons who applied for notarial acts, and are regulated by the norms of notarial legislation. A notarial process is a set of performed notarial proceedings or notarial actions. The notarial process is a legal form of activity of state bodies and officials authorized to do so. The performance of notarial acts is carried out by a strictly established circle of persons whose specific composition and scope of competence are established by legislation (Articles 1, 3, 34-40 of the Law of Ukraine «On Notaries»). The notarial process is an activity directly related to the need to use various methods and means of legal technology. In the notarial process, there is a system of requirements related to notarial proceedings. Since the notarial process is a type of legal process and boils down to the order of notarial actions prescribed by law, it is characterized by a complex structural content. The notarial process is the consideration of a certain legal matter. As a result of the performance of notarial acts, the legal rights and obligations of the persons in respect of whom these acts were performed are sanctioned by the state, the documents are given official significance, which enables the specified persons to acquire a certain status and perform certain actions. The notarial process can also be characterized as an activity related to carrying out operations with legal norms, that is, it is a type of law enforcement activity, when the relevant state body or official must directly use legal norms to solve a specific legal case. [ABSTRACT FROM AUTHOR]

Modelling that exploits visual elements and information visualisation are important areas that have contributed immensely to understanding and the computerisation advancements in many domains and yet remain unexplored for the benefit of the law and legal practice. This paper investigates the challenge of modelling and expressing structures and processes in legislation and the law by using visual modelling and information visualisation (InfoVis) to assist accessibility of legal knowledge, practice and knowledge formalisation as a basis for legal AI. The paper uses a subset of the well-defined Unified Modelling Language (UML) to visually express the structure and process of the legislation and the law to create visual flow diagrams called lawmaps, which form the basis of further formalisation. A lawmap development methodology is presented and evaluated by creating a set of lawmaps for the practice of conveyancing and the Landlords and Tenants Act 1954 of the United Kingdom. This paper is the first of a new breed of preliminary solutions capable of application across all aspects, from legislation to practice; and capable of accelerating development of legal AI. [ABSTRACT FROM AUTHOR]

This article draws on intersectional criminology to explore how privilege and marginalization shape women's experiences in the criminal legal system. Utilizing a phenomenological feminist approach, the findings from this study were derived from semi-structured interviews and focus groups with 19 women under community supervision in Oregon. Using thematic analysis, we developed three themes: experienced racism and privilege, police profiling, and differential sentencing outcomes. The findings highlight gendered racism experienced by BIWOC and gendered racial privilege experienced by White women. Theoretical and policy implications are discussed. [ABSTRACT FROM AUTHOR]

An Author’s approach to substantiating the concept of an integrative understanding of the administrative process as a combination of two components is proposed: the executive administrative process and the judicial administrative process. The approaches that have developed in domestic legal science are refuted, according to which the legal process can take place only in the administration of justice, only in the resolution of disputes and in the presence of at least two disputing parties, and the administrative process is identified with administrative proceedings. Based on the interpretation of the norms of the Constitution of the Russian Federation, the article shows that each of the three branches of state power: legislative, executive and judicial, has its own procedural form of functioning. Such a procedural form of exercising executive power, according to the Author, is an extrajudicial (executive) administrative process. Examples are given that show the existence of a common algorithm for resolving administrative cases by both administrative-public bodies and courts, which indicates a single procedural nature of the corresponding types of judicial and extrajudicial activities and the absence of fundamental differences between them. The conclusion is substantiated that the legal enforcement process is the activity of the competent authorities to resolve any categories of individual legal cases, and the legal procedural procedure is the procedure for carrying out such activities, in connection with which they are related to each other as content and form. The Author concludes that the law enforcement process carried out by public administrative bodies, both positive and jurisdictional, can be characterized as an administrative process and is not, in contrast to administrative proceedings, a kind of administrative procedure. Administrative proceedings are considered as a meaningful category of executive administrative process, namely, as an activity for the consistent, stage-by-stage resolution of an administrative case. The close relationship and interdependence of executive and judicial administrative processes are shown, the presence of which indicates that these two types of process are constituent parts of a single whole - the administrative process as a general procedural category, in connection with which it is possible to properly construct and systematize the administrative procedural legislation of the Russian Federation.

Subject and purpose of work: This paper uses Cobb-Douglas optimization to formulate an optimal transaction cost algorithm within the constraint of a generalized legal framework.

The subject. The article examines the refraction of the doctrine of legal procedure in relation to the activities of parliament.The purpose of the article is to confirm or disprove hypothesis that parliamentary procedure is the kind of legal procedureThe methodology. The author uses formal legal interpretation of Russian legislative acts and decisions of Russian Constitutional Court and European Court of Human Rights as well as such general scientific methods as analysis, synthesis, systemic approachThe main results, scope of application. The author draws attention to the fact that at the present stage of the development of the theory of law, it can be stated that procedural social relations have developed in the parliamentary bureaucracy, which are not only regulated, but must also be regulated by procedural norms, which confirms the conclusions of the authors of a "broad" approach to the theory of legal process. However, there will be a window of opportunity for the supporters of the "narrow" approach in the parliamentary process. In accordance with the conclusions of the ECHR and the Constitutional Court of the Russian Federation, which have prerequisites even in the works of Montesquieu, the parliament, as a body with jurisdictional powers, must comply with the appropriate procedure in their implementation. Hence, the author deduces the tasks of further improving both the doctrine of parliamentary procedure and the need for clear and competent regulation of legal procedures in parliament, the ultimate goal of which is to observe and implement the rights, freedoms and constitutional guarantees of participants in the parliamentary process.Conclusions. The procedures governing the work of the Parliament and its organs are legal procedures in the broad sense of the term. This does not negate the understanding that the legal procedures of the parliament, corresponding to its quasi-judicial powers, has the nature of the jurisdictional process. This conclusion is consistently confirmed in the jurisprudence of the European Court of Human Rights and the Constitutional Court of the Russian Federation.

This article takes an educational look at controversial issues regarding the definition of the nature, essence (including the concept and signs) and the purpose of the procedural legal regime in the theory of procedural legal regulation. The procedural and legal regime, as an element of the procedural-legal form, unfortunately, has not received sufficient development in legal and educational science; a gap, in particular, remains the issues of establishing the characteristics of the category under consideration, without which it is impossible to establish the nature, essence and purpose of the procedural and legal regime. It is concluded that the procedural and legal regime is characterized by a special subjective composition and a specific goal - to ensure a special order (regulations, procedures) established by procedural norms.

Objective: To consolidate information on the expatriation process by proposing a guide that presents the necessary priority steps, considering, in addition to expatriation practices and policies, the bureaucratic, legal, and operational aspects of the process. Methodology: This research is qualitative and descriptive. It was developed through semi-structured interviews with four managers of internationalized companies, and participant observation in the Group of Expatriate Administrators (GAE, based on the Portuguese). It was found that the companies' anxieties relate to the bureaucratic processes involving legislation, social security, and tax agreements. Result: This article proposes a guide, as an innovative way to provide information about how to conduct the expatriation process that is so widely discussed in business practice. The proposed guide was applied in one of the interviewed companies, resulting in significant financial savings for the company and avoiding costly tax expenses for the expatriate. Practical implications: This article will help other companies to apply the proposed guide in their expatriation processes, ensuring that all the necessary procedures are completed and preventing future problems. Originality: In addition to the alignments in expatriation that are already known and studied, there are several operational factors and concerns related to legal and bureaucratic aspects. But these are often relegated to second place. However, many companies do not have an expatriation policy or practices that consider the differences in legislation and taxation before the expatriate departs, which may influence the expatriate's performance and the internationalization process. [ABSTRACT FROM AUTHOR]

Copyright of Alcance is the property of Universidade do Vale do Itajai and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

According to police records, many rape cases are closed because victims withdraw from the police investigation. However, little is known about the causes of victim withdrawal, and findings need to be replicated in other cultural contexts, as existing literature primarily stems from the US and UK. Based on a sample of rapes reported in a Danish police district, the present study was aimed at enhancing our understanding of the characteristics and causes of recorded victim withdrawal from the police investigation following rape using a mixed-methods approach. The objective of the study was twofold. The first objective was to investigate the impact of selected case characteristics on the likelihood of recorded victim withdrawal using a logistic regression analysis. Results showed that stranger assaults and cases with no verbal or physical victim resistance or no forensic examination were significantly associated with an increased likelihood of recorded victim withdrawal. The second objective was to qualitatively explore police documented reasons for victim withdrawal in files using content analysis. Results indicated that victims may withdraw from the investigation for several reasons, for instance due to psychological distress associated with participating in an investigation. The findings underline potential barriers for the cooperation between victims and police in the investigation of rapes and should be used for establishing initiatives toward reducing the risk of victim withdrawal in rape investigations. [ABSTRACT FROM AUTHOR]

This article attempts to consider a number of controversial issues regarding the definition of the nature, essence (including the concept and signs) and the purpose of the procedural legal regime in the theory of procedural legal regulation. The procedural and legal regime, as an element of the procedural-legal form, unfortunately, has not received sufficient development in legal science; a gap, in particular, remains the issues of establishing the characteristics of the category under consideration, without which it is impossible to establish the nature, essence and purpose of the procedural and legal regime. This remark is also true in relation to the definition of the concept of a procedural and legal regime, since the approaches available in legal science, for the most part, do not reveal the features and unique legal nature of the category under study. The authors of the article, on the basis of establishing the essential features of the procedural and legal regime, proposed its authentic definition, as based on a certain combination of procedural and legal means and principles of a special procedure for procedural and legal regulation of activities of subjects and participants in the legal process, aimed at legal and reasonable consideration and resolution of legal cases. [ABSTRACT FROM AUTHOR]

The author has carried out theoretical study of the development of ideas in legal science on the principles of legal process; has studied the etymological meaning of the term of “principle”. The analysis of legal literature and the corresponding normative and legal material has been carried out. It has been noted that the principles of legal process are formed as a result of verified, reasoned and substantiated activities of authorized entities after the cognition of the patterns of procedural activities. Using the action of principles of legal process in the legal system as a criterion of classification, the author has singled out its general and special principles. The general principles of legal process include principles aimed at revealing the nature, character, nature of legal process. The special principles, in turn, include principles that reflect the functional orientation of the types of legal process and determine the organizational features, specifics of means and methods of carrying out procedural activities at its individual stages. Taking into account the organizational features, specifics of means and methods of carrying out procedural activities at its separate stages, such principles of stages of legal process as the principle of written form of consolidation, the principle of legal qualification, the principle of certification of result, the principle of urgency have been singled out. The author has provided characteristics and has revealed the content of these principles.

In this scholarly article, the authors have defined the place of the administrative process in the system of the legal one. The administrative process is determined in different scholarly papers in different ways. Scientific arguments are most often based on the substance and the distinctive features of the activities of the particular government entity. All contradictions regarding the substance and structure of the legal process, as well as the substance and structure of the administrative one are based on a methodological error that makes it possible to prove the existence of broad and narrow concepts of understanding that institution. Objections have been raised as to the separation of an independent branch of law, i. e. administrative process as judicial consideration of public law disputes that belong to the terms of reference of administrative courts. It has been determined that the adoption of the Code of Administrative Procedure of Ukraine will introduce another element of chaos to the understanding of the essence and system of the administrative process. So, the administrative process includes such types of activity as registering, licensing, permitting, enforcement of court decisions, etc. Of course, the process of bringing persons to administrative responsibility, preventive and preclusive actions are also part of its system. Accordingly, taking into account the above, we can speak about the systemic and structured nature of the legal process in general and the administrative process in particular. The administrative process aimed at resolving individual administrative cases is characterized by phasing and organizational orientation, which is carried out by both judicial and non-judicial bodies. The structured nature of the administrative process depends on what underlies the horizontal division of the types of administrative proceedings. It has been proved that the law of administrative procedure is an independent branch of law, whose substance is a set of administrative procedural and procedure-oriented rules governing the cyclicality, sequence, time limits, procedure for registration of actions and decisions of public administration and courts within administrative cases, as well as procedural status of those bodies, their officials, natural persons and legal entities that are participants in administrative cases. [ABSTRACT FROM AUTHOR]

ABSTRACT Objectives: to categorize factual elements of ethical-disciplinary nursing lawsuits in the state of Goiás. Methods: cross-sectional, retrospective study, based on secondary data obtained from ethical-disciplinary lawsuits filed at the Regional Nursing Council of Goiás (Coren-Goiás) between the years 2010 and 2019. Results: the highest number of lawsuits filed was in 2013 and 2014, with a greater frequency in the state capital. The majority came from the Nursing Ethics Committees and ex-officio complaints. The professional with most complaints was the nursing technician, aged between 31 and 40 years old, at the beginning of their career. The most common type of complaints referred to performing attributions that were not within the nursing competences. Conclusions: as a highlight are the contributions of this study to professional ethics in nursing and the clear need to consolidate these skills in nurses who are in training and in the continuous education for those already in the profession.

Subject and purpose of work: This paper uses Cobb-Douglas optimization to formulate an optimal transaction cost algorithm within the constraint of a generalized legal framework. Materials and methods: The author has adopted a Lagrangian approach to formulate the social utility function, then, from a set of legally allowed strategies established the Karush-Kuhn-Tucker conditions for the legal game so as to find the optimal parameters within the social utility function. Finally, the optimal transaction cost algorithm was developed. Results: The Bordered Hessian Matrix from the partial differentials of the social utility function showed that there is a particular parameter within the social utility function which describes the optimal transaction cost. An adjustment of this parameter is essential in mechanism design for legal games. Conclusions: The author has shown how transaction costs influence the set of strategies played by players in a legal game, and has described the essence of a social utility function and how it can be optimized. [ABSTRACT FROM AUTHOR]

Visual representation of the law and legal process can aid in recall and discussion of complicated legal concepts, yet is a skill rarely taught in law schools. This work investigates the use of flowcharts and similar process-oriented diagrams in contemporary legal literature through a literature review and concept-based content analysis. Information visualisations (infovis) identified in the literature are classified into 11 described archetypal diagram types, and the results describe their usage quantitatively by type, year, publication venue and legal domain. We found that the use of infovis in legal literature is extremely rare, identifying not more than 10 articles in each calendar year. We also identified that the concept flow diagram is most commonly used, and that Unified Modelling Language (UML) is the most frequently applied representational approach. This work posits a number of serious questions for legal educators and practicing lawyers regarding how infovis in legal education and practice may improve access to justice, legal education and lay comprehension of complex legal frameworks and processes. It concludes by asking how we can expect communities to understand and adhere to laws that have become so complex and verbose as to be incomprehensible even to many of those who are learned in the law ? [ABSTRACT FROM AUTHOR]

The purpose of this article is to devote two reflections for the dogmatic construction of a phase of corroboration or verification of the information provided by an effective applicant for collaborator prior to the submission of the agreement and its judicial approval. The first insists on changing the perspective of analysis of effective collaboration that has been merely operational, to begin to ask us whether it is possible to apply epistemological methods or criteria to reduce mistrust in the statement of an effective collaborator. The second is inclined to develop the essential elements of the corroboration or verification phase in such a way as to serve as a basis for the use of reasoning that corroborates or verifies that information, which is a pending task. [ABSTRACT FROM AUTHOR]

Copyright of Qing History Journal is the property of Renmin University of China, Institute of Qing History and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The discussion on the legal power of documents generated by the researchers exploring the written culture of the Grand Duchy of Lithuania in the fifteenth and sixteenth centuries invites for a more detailed analysis of the usage of a written document in the legal process, the chronology of its legal regulation, the document’s place in the system of evidence as well as its meaning in the legal consciousness of the nobles. The legal proceedings and rulings recorded in the judicial affairs books incorporated into the Lithuanian Metrica reveal the process when, with the development of the written culture and the increase of the demand for documents in the state’s internal affairs, the written document evolved into an independent and sound legal evidence in the judicial process. In the civil cases, primarily concerning the land ownership, the legal power of a written document was recognized already in the middle of the fifteenth century (although there was no peremptory requirement to present written documents in the judicial process), and approved by the extended edition of the First Statute of Lithuania. In the late fifteenth and early sixteenth centuries, the long-lived “colorful robes of justice” (the oath, the gesture, the placing of one’s cap) were replaced in the system of legal evidence by written documents which, from then on, were considered as more reliable evidence than a personal oath, and, in some cases, even a testimony. Eventually, this view found its place in the consciousness of the nobles who documented their transactions and used documents to solve legal conflicts. Moreover, in Lithuania, unlike in the Kingdom of Poland, the judges considered not only the public, but also the legitimate private documents as legal evidence of equal importance. Although, the hierarchy of legal evidence, that prioritized the documents was embedded only in the Second Statute of Lithuania (chapter IV article 52, entitled “On evidence and defense” (O dovodech i otvodech), the analysis of sources allows to decisively affirm that the main source of the aforementioned article was the practice of the courts in the late fifteenth and early sixteenth centuries.

In the legal process, the hearing is one of the categorical concepts, from which a series of derived concepts are performed, and which are not rarely considered as synonymous in the professional and scientific public. Starting from the linguistic foundations of terms and concepts in legal science, the intellectual effort is made to define from the scientific-methodological angle precisely the meanings of the terms such as: 'listening', 'statement', 'message', and 'communication' that are closely related to the notion of 'hearing', which is a categorical notion in legal science, especially in legal proceedings, in the administrative, civil, criminal and international law. Therefore, the main subject of this paper is to define the meaning of key terms and the ones that are directly related to the categorical notion of hearing in the legal process. This definition has an epistemological cognitive value because it complements the fundamental meaning of the basic concept in the legal process. At the same time, the meanings of these terms are relevant because they complement the meaning of the basic, categorical concept of hearing in the legal process. By their very nature, all these terms are statements about the key determinants of the hearing in legal proceedings. They are nominal and fulfill all eight criteria for defining theoretical concepts as follows: they are positively expressed in the form of a claim; they are also subjective and contextual, because they express important provisions and characteristics of the subject of definition; they are versatile and cover the whole subject of definition in all its aspects; they are essential and contain basic provisions and characteristics on the basis of which the concept of the hearing can be identified; they are also complex and developmental, as the hearing in the legal process as a matter of definition is also a complex development process; they are equivalent and proportionate, that is, they are not too broad or too narrow; they are accurate and contain only the essential and necessary factors of the concept of hearing in the legal process, and ultimately, all these terms are dialectical, since the social reality of the hearing in the legal process is dialectical.

Copyright of Studies of Lithuania's History is the property of Lietuvos Istorijos Studijos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In jurisdictions throughout the United States, law enforcement personnel have not been routinely submitting sexual assault kits (SAKs) for forensic DNA testing. The biological evidence in these kits may still be viable and actionable for police and prosecutors, so multiple federal programs have been created to promote rape kit testing, investigation, prosecution, and victim advocacy. In this longitudinal qualitative study, we followed one large urban community through a multi-year process of reviewing thousands of untested rape kits to identify empirically-supported lessons learned for successful multidisciplinary collaboration in "cold case" sexual assaults. Results indicated the importance of developing community champions and community quarterbacks to engage and sustain collaborative partners. The multidisciplinary action research team developed strategies for negotiating with both front line staff and executives, advocating for sustainable staffing plans, changing policy and practice across all partner organizations, and codifying these changes in the face of constant upheaval. Implications for empirically-supported training and technical assistance programs are discussed. [ABSTRACT FROM AUTHOR]

The paper incorporates concepts of Legal Geography to study legal proceedings that refer to socio-territorial and socioenvironmental disputes. The aim is to illustrate the extent to which Geography is used in judicial cases that merit it and what it contributes to the resolution of lawsuits linked to environmental-territorial issues and under what circumstances judicial processes of this nature are initiated. As a case study, a legal action confronting a sector of the Villa Gesell organized community with the Municipal State and businessmen who planned a tourist-housing complex and a gated community in the town's coastal areas was selected. Methodologically, fieldwork was carried out in the space in conflict. At a second stage, the analysis of the judicial process was carried out by means of a question guide, and a chart was prepared to present the answers. [ABSTRACT FROM AUTHOR]