10 research outputs found
The admissibility of improperly obtained evidence: The universality of the problem and the diversity of approaches to solving it
No full textThe article focuses on the issue of acknowledging inadmissible evidence obtained in violation
of the law. According to the authors, this issue can be encountered, in one way or another, in
any procedural system (both at the national and international levels). In this regard, the authors
substantiate the relevance and ambivalence of the issue for the Russian criminal proceedings.
Also, the authors use the scientific works of scholars belonging to the Soviet, early post-Soviet
and modern periods of the development of Russian criminal proceedings, as well as materials
of judicial practice from various years in order to demonstrate the evolution of approaches to
the solution of the topic. In order to demonstrate universality of the issue, the authors analyze,
in a comparative legal sense, the approaches of leading foreign procedural systems. It is concluded
that there is a tendency that foreign legal systems are searching for the recognition criteria
of evidence obtained in violation of the law to achieve a balance between the two areas of
criminal procedural policy: ‘due process of law’ and ‘crime control’. Usually, the violation of human
rights committed in obtaining evidence per se does not entail the finding of such evidence
as unacceptable. The authors focus on the same issue, but in the scope of international criminal
justice which combines the approaches of both the investigative (inquisitorial) and the accusatory
(adversary) criminal procedure traditions. It is indicated that the bodies of international
criminal justice (in particular, the International Criminal Court), when forming their position on
the issue under consideration, are guided in many respects by the law enforcement practices of
international bodies for the protection of human rights (primarily, the decisions of the European
Court of Human Rights). The authors conclude that it is possible to use the criteria for the inadmissibility
of evidence specified in the Rome Statute and the decisions of the European Court
of Human Rights for Russian criminal proceedings due to the transitional nature of the criteria
Improvement of vacuum wound therapy methods in patients with diabetic foot syndrome
No full textLately vacuum therapy of wounds in patients with diabetic foot syndrome is an integral part of complex treatment. Due to the popularization of this technique and unique cellular, extracellular and total effects of its use in many surgical wards in Ukraine, the technique of vacuum therapy has been successfully used in the treatment of patients with purulent complications of diabetic foot syndrome. Unsolved technical issues of vacuum therapy of wounds are: delayed outflow of wound discharge, blockage of sponge pores, microflora contamination on foam rubber and "drying of wounds." Improved technique proposed by the author consist of instillation of antiseptic into vacuum bandage, which prevents microflora contamination in the foam sponge, and creates moist environment in the wound leading to wound dialysis. This advanced technique allows to prevent deterioration of the physical properties of synthetic sponges, to create a moist environment in the wound and prepare it for closure
George Berkeley’s Conception of Accountability
Full text linkIn the article, Berkeley’s views on accountability in Alciphron, dialogue seven, are analyzed. It is shown that Berkeley’s conception of accountability is developed as a response to an argument ascribed by Samuel Clarke to Anthony Collins. The features of Berkeley’s conception of accountability are examined. The author argues that this is a basic desert monistic theory. The concept of accountability is grounded in the group of ordinary notions: guilt and merit, praise and blame, applauding and condemnation. The internal deviation account of moral responsibility based on the Three Dialogues is developed and applied to Alciphron. Generally, this account claims that the presence of certain quality of will makes the agent an appropriate target for application of moral responsibility. Berkeley’s treatment of the control and epistemic conditions of moral responsibility is clarified.Pojęcie odpowiedzialności u George’a BerkeleyaAnalizy przeprowadzone w niniejszym artykule dotyczą zawartych w siódmym dialogu Alkifrona poglądów Berkeleya na odpowiedzialność. Wskazano w nim, że Berkeleyowskie pojęcie odpowiedzialności stanowi odpowiedź na argumentację Samuela Clarke’a i Anthony’ego Collinsa. Zdaniem autora artykułu pojęcie to należy wpisać w monistyczną koncepcję, którą Derk Pereboom określił mianem koncepcji podstawowego zasługiwania (basic desert). Pojęcie odpowiedzialności opiera się na zbiorze zwykłych pojęć: winy i zasługi, pochwały i nagany. Oparty na Trzech dialogach opis „wewnętrznego odchylenia” moralnej odpowiedzialności zostaje tu rozwinięty i odniesiony do Alkifrona. Ogólnie rzecz biorąc, wedle tego opisu obecność pewnego przymiotu woli sprawia, że można komuś w uzasadniony sposób przypisać moralną odpowiedzialność. W dalszej części artykułu objaśniony zostaje sposób, w jaki Berkeley ujmuje ograniczenia i epistemiczne warunki odpowiedzialności moralnej
INTRASEMIOTIC AND INTRALINGUAL TRANSLATION TECHNOLOGIES: FROM NOVEL TO FILM TEXT
Full text linkThe author studies the problem of transforming the text of a work of fiction during its film adaptation. A fantasy book series by George R.R. Martin, A Song of Ice And Fire, and its HBO adaptation, Game of Thrones series, were chosen as the object of the research. The article provides a comparative analysis of the prologue of the first novel, Game of Thrones, and the opening of the first episode of the series, Winter Is Coming. Using the notions of intralingual translation and intersemiotic translation the means of adapting a fiction text to a film text have been determined, taking into account audiovisual opportunities for representing informational and emotional aspects of the novel. It has been found that the following means are used for adapting the prologue: alternate naming of characters, transposition of events, compression and omission of characters' background, dialogues and the final battle, addition of actions and lines allowing to explain further events. It has been demonstrated that audiovisual sequence compensates the reduction of information verbally represented in the novel text and shapes the intersemiotic space of the film text
Systematic Variation in Willingness to Pay for Agricultural Land Preservation and Implications for Benefit Transfer: A Meta-Analysis
Full text linkDespite prior studies examining willingness to pay for farmland preservation there has been no quantitative, systematic analysis of findings across the literature. This paper presents the first statistical meta-analysis of farmland preservation values. Results confirm systematic variations in willingness to pay, with value surfaces corresponding to theoretical expectations. Findings also provide significant insight into the potential for valid meta-analytic, function based benefit transfer. Results suggest, for example, that transfer validity is critically dependent on jurisdictional scale. Transfer errors are modest for community scale farmland preservation, but large for state scale preservation policies in which per acre welfare estimates are small.Land Economics/Use,
Testing for value stability with a meta-analysis of choice experiments: River health in Australia
Full text linkWhile meta-analysis is typically used to identify value estimates for benefit transfer, applications also provide insights into the potential influence of design, study and methodological factors on results of non-market valuation experiments. In this paper, a metaanalysis of sixteen separate choice modelling studies in Australia with 130 individual value estimates relating to river health are reported. The studies involved different measures and scales of river health, so consistency was generated by transforming implicit prices from each study into a common standard of WTP per kilometer of river in good health. Tobit models have been used to identify the relationships between the dependent variable (WTP/km) and a number of variables. The results demonstrate that values are sensitive to marginal effects, with lower WTP/km for larger catchments, and higher WTP/km when river health is in decline. Values are also lower when river health has been defined by a subset of benefit types, such as recreation uses, vegetation health, fish health or bird populations. While there is evidence that the framing of the choice sets and descriptions of attributes have systematic impacts on values, there is very little evidence that choice dimensions, collection methods, sample sizes, response rates, statistical methods or publication status have influenced value estimates. Tests of apparent author effects show that these become insignificant when other explanatory variables are included in the models.non-market valuation, choice modelling, meta analysis, river health, Environmental Economics and Policy,
Meta Analysis for Benefits Transfer – Toward Value Estimates for Some Outputs of Multifunctional Agriculture
Full text linkAs a contribution to valuing the outputs of multifunctional agriculture, we report three new meta analyses estimating value functions for agricultural conservation program impacts on water quality, wetlands, and upland habitat and open space. As is often the case in valuation, where methods have yet to be standardized, the data sets are relatively small and noisy. With a clear objective of benefits transfer, we seek robust parameter estimates for key RHS variables, even at the cost of some loss of goodness of fit. We present our estimated full equations, and benefits transfer values calculated from equations estimated after backward elimination of insignificant variables, and offer a rationale for this approach to benefits transfer.meta analysis, benefits transfer, multifunctional agriculture, Resource /Energy Economics and Policy,
Spatial dimensions of water quality value in New England river networks
Full text linkHouseholds’ willingness to pay (WTP) for water quality improvements—representing their economic value—depends on where improvements occur. Households often hold higher values for improvements close to their homes or iconic areas. Are there other areas where improvements might hold high value to individual households, do effects on WTP vary by type of improvement, and can these areas be identified even if they are not anticipated by researchers? To answer these questions, we integrated a water quality model and map-based, interactive choice experiment to estimate households’ WTP for water quality improvements throughout a river network covering six New England states. The choice experiment was implemented using a push-to-web survey over a sample of New England households. Voting scenarios used to elicit WTP included interactive geographic information system (GIS) maps that illustrated three water quality measures at various zoom levels across the study domain. We captured data on how respondents maneuvered through these maps prior to answering the value-eliciting questions. Results show that WTP was influenced by regionwide quality improvements and improvements surrounding each respondent’s home, as anticipated, but also by improvements in individualized locations identifiable via each respondent’s map interactions. These spatial WTP variations only appear for low-quality rivers and are focused around particular areas of New England. The study shows that dynamic map interactions can convey salient information for WTP estimation and that predicting spatial WTP heterogeneity based primarily on home or iconic locations, as typically done, may overlook areas where water quality has high value. Copyright © 2023 the Author(s)
Local electronic structure rearrangements and strong anharmonicity in YH3 under pressures up to 180 GPa
Full text linkThe authors acknowledge the ESRF program committee (Grenoble, France) for the opportunity to perform XAFS and XRD measurements. We are grateful to Prof. Dr Marek Tkacz from the Institute of Physical Chemistry, PAS Kasprzaka 44/52, 01-224 Warsaw, Poland, for high quality YH3 samples and to Dr. José A. Flores-Livas for a fruitful discussion. A.P.M. and A.A.I. acknowledge the Russian Foundation for the Basic Research (grant No 18-02-40001_mega) for financial support. J.P., A.K., and I.P. would like to thank the support of the Latvian Council of Science project No. lzp-2018/2-0353. ISSP UL acknowledge the European Union’s Horizon 2020 Framework Programme H2020-WIDESPREAD-01-20l 6-2017-TeamingPhase2, grant agreement No. 739508, project CAMART2.The discovery of superconductivity above 250 K at high pressure in LaH10 and the prediction of overcoming the room temperature threshold for superconductivity in YH10 urge for a better understanding of hydrogen interaction mechanisms with the heavy atom sublattice in metal hydrides under high pressure at the atomic scale. Here we use locally sensitive X-ray absorption fine structure spectroscopy (XAFS) to get insight into the nature of phase transitions and the rearrangements of local electronic and crystal structure in archetypal metal hydride YH3 under pressure up to 180 GPa. The combination of the experimental methods allowed us to implement a multiscale length study of YH3: XAFS (short-range), Raman scattering (medium-range) and XRD (long-range). XANES data evidence a strong effect of hydrogen on the density of 4d yttrium states that increases with pressure and EXAFS data evidence a strong anharmonicity, manifested as yttrium atom vibrations in a double-well potential.--//--This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder.Russian Foundation for the Basic Research (grant No 18-02-40001_mega); Latvian Council of Science project No. lzp-2018/2-0353; European Union’s Horizon 2020 Framework Programme H2020-WIDESPREAD-01-20l 6-2017-TeamingPhase2, grant agreement No. 739508, project CAMART2
