This paper attempts to deconstruct the free speech defense of the publications of cartoons offensive to many Muslims in Denmark and elsewhere in Europe in order to highlight the deep philosophical tensions between the characterizations of religion and race, between free speech and hate speech, and between the freedoms of expression and of religion. A scrutiny of the jurisprudence of the European Court of Human Rights (“ECtHR”) reveals the difficulties inherent in defining permissible limits on expression, particularly as it involves the identification and prioritization of interests that are worthy of protection under a state's law. The struggles over the characterization of certain interests as fundamental rights, in turn, raise questions over the ‘fundamental-ness' of rights and the valuation of foundational social and political values that the rhetoric of rights presumes as incontrovertible. This study seeks to advance the argument that fundamental rights, such as the freedom of expression, are legal constructs whose value is contingent on the ends they are employed to serve in a given socio-political environment. While the contingency of fundamental rights is palpable in debates over their definition and over what they include or exclude, it is most clearly visible in the clash of fundamental rights, in particular the freedoms of expression and religion.

The Fundamentalism of Liberal Rights: Decoding the Freedom of Expression Under the European Convention for the Protection of Human Rights and Fundamental Freedoms

The modern culture of consumption often does not correspond to the principles of sustainable development, which leads to environmental pollution. As a possible solution to this problem, the authors propose to analyze the concept of sustainable consumption, following which can reduce the negative impact of mankind on the environment, which is an urgent issue at the global level. The aim of the study is to build a tool for comparative analysis of the level of sustainable consumption. The analysis is carried out in the digital environment, since this space provides a relative freedom of expression of the opinion of individuals, and the obtained data reflect the real level of “sustainability” of the behavior of participants in thematic social communities. The result of the research is an analytical tool tested on thematic social communities of the VK.com social network. In the process of building an analytical tool, primary and secondary tokenization were carried out using computer linguistics tools, an analytical dataframe was formed for a source reflecting the studied content-thematic component. To automate the process of forming a set of tokens, Python 3 programming language was used. The proposed tool can be used to determine the level of sustainable consumption in different social communities relative to each other. This approach can be used by companies to find target audiences and to promote environmentally friendly products. Moreover, this tool can be applied to attract consumers by increasing the level of sustainability in the corporate culture based on the research results. A separate problematic of realizing the developed methodology is the ethical component of analyzing natural digital information and the use of the results obtained on the basis of its analysis.

https://www.mdpi.com/2071-1050/13/13/7215/pdf

Comparative Assessment of Sustainable Consumption Based on the Digital Information Environment Content-Thematic Component Differentiation

Thank you very much for reading the modern social conflict an essay on the politics of liberty. Maybe you have knowledge that, people have search hundreds times for their favorite readings like this the modern social conflict an essay on the politics of liberty, but end up in infectious downloads. Rather than enjoying a good book with a cup of tea in the afternoon, instead they juggled with some harmful bugs inside their laptop.

The Modern Social Conflict An Essay On The Politics Of Liberty

The term ‘criminal procedural function’. has historically been used by scientists. In order to identify primary issues in procedural functions, the competition principle was analyzed. This strengthened such important issues as separation of prosecution and court functions, parties’ equality, independence of courts etc. Therefore, the concept of three concept functions – prosecution, defence and adjudication - was developed in criminal proceedings. In the context of the Criminal Procedure Law having taking effect, this term was included into the law, including the principle of separation of criminal procedural functions. The aim of this paper is to offer the insight into interpretation of the concept of the criminal procedural function with the special focus on specific issues in function separation. Section 17 of Criminal Procedure Law determines the function of control of restrictions of human rights in a pre-trail. The functions of prosecution, defence and adjudication do not determine their priority over all other criminal procedural functions. These functions are claimed to be separate and therefore cannot be applied to the same person. This paper examines the equivalence of procedural functions as one of the most fair of the court elements. In the end, key conclusions are summarized.

/pdf/issues-in-separation-of-criminal-procedural-functions-3l2011p6m3.pdf

Issues in separation of criminal procedural functions

Judicial inquiries into political branch motivation have long bedeviled courts and scholars. Especially vexing are questions regarding judicial review of facially neutral government action. The canonical decision in this arena, Washington v. Davis, holds that facially neutral legislation or administrative action resulting in a disparate impact on the basis of race or gender will not on its own trigger heightened scrutiny. In order to invoke more careful scrutiny of government action, there must be evidence of discriminatory intent. Many scholars understand the Court’s intent doctrine to license malintent by encouraging policymakers to conceal invidious purposes behind facially neutral language. For this reason, many argue that Davis is a low point for equal protection that fails to address the many forms of state-sponsored discrimination. 

This Article offers a different approach to motivational inquiries by examining how the political process itself can be an important site of information. Legislative and executive decision-making—or “small-p” process—can bear heavily on the question whether the government has acted properly or improperly. This idea of “small-p” process scrutiny stands in contradistinction to a more well-established notion, famously articulated by process theorist John Hart Ely, that flaws within deliberative processes can invite, if not require, judicial protection of excluded interests. Ely’s classic rationale for heightened scrutiny was based upon the Constitution’s role in preserving accessibility to the political process—what I call “Big-P” process. Small-p processes, by contrast, concern more evident procedures, such as the quality or duration of deliberation, the involvement of experts, the facilitation of regular public hearings and open debate, or the documentation of studies and reasoning behind various policies.

This Article seeks to overcome the difficulties of uncovering and operationalizing “Big-P” process failure by showing how a breakdown in more evident and easily detectable kinds of process failure can help bring to the surface forms of improper intent that are otherwise hard to see. I posit that courts can rely upon “small-p” indicia to decipher motivation, especially where there is no record of Big-P political failure or similar smoking-gun evidence of discrimination. By shifting the inquiry from interest-group dynamics in the legislative process to more ordinary forms of process, I offer a method that is available to courts to surface malintent (or vindicate government intent) trans-substantively, and in ways already established in doctrine. 

One important advantage of a small-p process framework is that it is based less on substantive interpretations of value and intent—which can be highly contested and subjective—and more on objective criteria grounded in the political branches’ own chosen practices. Yet if process scrutiny offers powerful and revelatory indicators of governmental motivation, the theory also raises a number of concerns, including the risk of incentivizing or permitting an enacting body to camouflage other substantive deficiencies by simply meeting a bare minimum level of deliberative procedure, setting the stage for evasion.

Process Scrutiny: Motivational Inquiry and Constitutional Rights

Objective Introduction: All social life spheres in Ukraine are influenced by corruption. Ukrainian citizens were inquired in order to determine corruption rate in various social spheres. It was conditioned by reforming criminal justice and administrative management, which is directed, particularly, for liquidation of corruption in the state. Special emphasize is stressed on corruption rate in the medical sphere. The aim of the article is to determine: 1) population's attitude towards to corruption, in particular, in the medical sphere; 2) the most corruptive social spheres; 3) efficiency of anti-corruption measures; 4) readiness of population to participate into struggle with corruption. Patients and methods Materials and methods: The study is grounded on dialectical, comparative, analytic, synthetic, sociological (special-purpose inquiry form, interview), statistic and comprehensive research methods. The study group consisted of 1 120 citizens and 513 medical and pharmaceutical professionals of Ukraine. Questions were related to: 1) citizens' contact with corruption; 2) corruption expansion rate in state authorities, self-governing authorities, in various infrastructure spheres, particularly, in healthcare; 3) awareness about struggle with corruption in the state and in the region and determination of citizens' readiness to cope with corruption. Results Results: Corruption contact level of citizens remains steadily high. Corruption in the medical sphere is the most widespread: during the previous year before the inquire 63% respondents were involved into corruptive schemes. Corruption in the medical sphere can be subdivided in the following levels: from patient to doctor; inside the hospital - from a healthcare institution employee to the executive hospital staff; on state level concerning state procurements of medications. A bribe to health care professionals was given for: receipt of a sick leave certificate and various references (for example, about unfitness for military service, fitness for driving a car or fulfillment of particular works); high-quality conduct of an operation, medical servicing rendering; writing out a "necessary" prescription; approval or hiding of any bodily injuries; falsification of a true cause of death. All health care professionals have come across different corruptive practices, among which the following payments are widespread: for employment in a hospital, license for private medical practice or establishment of private clinics, "avoidance" of checks of healthcare institutions' activity. The largest bribes are given state officials for participation in tenders for medical drugs supply by pharmaceutical companies. All health care professionals have come across different corruptive practices, among which the following payments are widespread: for employment in a hospital, license for private medical practice or establishment of private clinics, "avoidance" of checks of healthcare institutions' activity. Conclusion Conclusion: Corruption on the sphere of medical practice is complex phenomenon. The conducted poll made it possible to structure the corruption problem, to see its various levels and levels. In respondents' opinion, a scrupulous information campaign is a positive tendency: 45% consider this is a guarantee of anticorruption. Nevertheless, only 5% respondents assume personal notification of anticorruption bodies about receipt of a bribe by medical staff.

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Corruption in medical sphere of Ukraine: current situation and ways of prevention.

OBJECTIVE The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. PATIENTS AND METHODS Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. CONCLUSION Conclusion: The current regulatory framework does not provide for the procedure by which the subject's medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert's procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

/pdf/medical-and-procedural-legal-aspects-of-inpatient-and-3lyve4krce.pdf

Medical and procedural-legal aspects of inpatient and outpatient forensic psychiatric examination.

/pdf/prokurora-loma-kriminalprocesa-atjaunosana-jaunatklatu-5dqr407bde.pdf

Prokurora loma kriminālprocesa atjaunošanā jaunatklātu apstākļu dēļ

The opportunity to use the tangible resources of our planet – water, air, subterranean depths – secure the existence of our civilization. Despite the existence of private property and the division of ownership of tangible resources between natural and legal persons, the resources required for life are objectively determined by the very life form. Any living creature needs air, water and subterranean depths. They are the common value of the mankind. The right to live in a favourable environment is recognized as the basic right of each individual, of each member of the public. A significant aspect is the high quality environment, which includes specific standards and requirements for the quality of air, water and subterranean depths. This is necessary in order to ensure the legal protection of the environment, balancing the rights of private owners and society as a whole. The protection of the environment is the subject matter of the legal framework. The key challenge for the protection of the environment is to find an opportunity to balance the economic development and the sustainable development of the environment, which is why the greatest attention should be allocated to the questions that relate to the prevention and compensation for the damage caused to the environment. Keywords: environment, damage caused to the environment, sustainable development

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Sandra Kaija

Papers

Corruption in medical sphere of Ukraine: current situation and ways of prevention.

Medical and procedural-legal aspects of inpatient and outpatient forensic psychiatric examination.

Issues in separation of criminal procedural functions

Prokurora loma kriminālprocesa atjaunošanā jaunatklātu apstākļu dēļ

The Damage Caused to the Environment in the Context of the Sustainable Development of Society