Journal articles on the topic 'Casuistic Questions'

Theoretical and practical issues concerning the justification of paternalism towards children are widely debated in a variety of philosophical contexts. The major focus of these debates either lies on questions concerning the general legitimacy of paternalism towards children or on justifications of paternalism in concrete situations involving children (e.g. in applied ethics). Despite the widespread consensus that the legitimacy of educational paternalism in important respects hinges on its principled, temporal and domain-specific limitation (e.g., via a soft-paternalist strategy), surprisingly little has been said about conditions and criteria that determine what exactly (if anything) is morally wrong with paternalism towards children. This contribution aims to further the understanding of these normative issues by providing a critical analysis of the theoretical and methodological difficulties involved in developing context-invariant criteria for the identification of specific wrong-making features of paternalist rationales and paternalistically justified practices in cases involving children. I am going to show that the moral status of pro- and anti-paternalist reasons is much more context-sensitive than usually assumed by proponents of standard generalist justificatory strategies. In conclusion my argument is that a moral particularist and casuistic framework may offer an adequate theoretical alternative to make sense of the context-dependent wrongs (and rights) of educational paternalism.

Secondary hypothyroidism is a rare disease. There is a number of questions and difficulties in diagnosis and management of this condition. There are two forms of secondary hypothyroidism: congenital (casuistic seldom) and acquired. The main causes of secondary hypothyroidism in adults are tumors of the hypothalamic-pituitary region and the state after surgical and radiation effects on this area. Hormonally active and inactive pituitary macroadenomas cause the development of acquired secondary hypothyroidism in more than 50% of cases. The development of secondary hypothyroidism is possible years after the radiotherapy of brain tumors. As well as in case of primary hypothyroidism, the clinical manifestations of secondary hypothyroidism are non-specific. Diagnosis and management of this pathology is often complicated by its combination with the deficiency of other tropic hormones. The diagnosis of secondary hypothyroidism is based on anamnestic data and laboratory tests - the simultaneous determination of the levels of fT4 and TSH. The level of fT4 today is also used as the main marker of the adequacy of the dose of L-T4 in the treatment of secondary hypothyroidism. The results of recent studies help us to optimize replacement therapy in secondary hypothyroidism. However, the use of additional biochemical markers to assess the adequacy of replacement therapy remains unexplored.

One of the most interesting and important questions of operative gynecology was and is the question of surgical methods of treatment of uterine cancer. The task and purpose of each operative removal of a malignant neoplasm should be expressed, on the one hand, in its technical simplicity, and, on the other, in achieving the desired and final result, i.e., in the radical healing of the body, since the operation is undertaken under conditions with a predicted quo ad valetudinem, and not quo ad vitam. A whole galaxy of scientists, converging more or less in this complex and main goal of surgical intervention for uterine cancer, begins to break up into groups, as soon as it comes to the nature and extent of the spread of neoplasm in connection with the operative method, with indications and contraindications to it. These disagreements, depending both on the difficulty of determining in each given case microscopically the extent of cancer prevalence, and on the complexity of some of the problems, are the reason that the main surgical methods, such as: Amputatio infravaginalis colli uteri, supravaginalis, colpohysteroectomoectomia and laparohyster serve as controversial points in gynecology.

The first chapter of this study on divorce in Czechoslovak law deals with some general questions. It deals first with a problem which is, according to the opinion of the author, worth of interest and which is constituted by the mode of conceiving in the legal norm, the conditions of the dissolution of the marriage. What solution does the legislator give to the legal problem, represented by the dissolution of the marriage in the countries, where such a dissolution of the marriage by a decision of the court is admitted by the law? The corresponding solutions are very different, both as far as the civil and the legal procedure regulations are concerned. The problem is that of the regulation of divorce, of the conditions under which the divorce can be granted and which are determined by the civil regulations, as well as by the legal procedure regulations concerning divorce cases. These questions have been and are resolved in many States, as well in the bourgeois law as in the socialist law. The author deals first with the example constituted by the evolution of this legal problem in Czechoslovakia, from 1919 up to the actual period. Originally, the Czechoslovak law knew on the one hand the judicial separation from table and bed and on the other hand the divorce. The legal conception of divorce, that means the expression in the law of this conception, was a typical example of a casuistic determination of conditions requested for the dissolution of marriage. The author analyses afterwards some regulations of the bill of a new general Civil code, prepared in 1933, as far as they concerned the divorce. After this introductory analysis, the author comes to the conclusion that the legal regulation of the dissolution of the marriage is always determined first of all by the political and social circumstances, that it depends on the type of the State in question. It is however influenced also by other factors, those which influence the legal regulations of family relations in general. The circumstances in question are historical, religious and often very various ones and only temporarily acting. The legal regulation of the dissolution of the marriage cannot be understood therefore separately from the legal regulation of other family relations, because it is connected in an organic way with this general regulation. The different legal regulations influence each other as far as the conception itself is concerned and sometimes even in details — principally when the historical, the social and the political conditions of the societies in question are almost identical. In such cases, not only the experiences and the principles of the juridical regulation are accepted, but sometimes, in several States, even the formulations of the corresponding legal texts become very near and similar. This phenomenon can be observed not only as far as the evolution of the bourgeois family law is concerned, but it is especially characteristic for the socialist family law in the course of its evolution. In this case, it is above all necessary to pay attention to the investigation of these problems in the family law of the USSR, where the evolution of the legal regulations concerning the dissolution of the marriage by divorce depends, during decades, on the concrete living conditions of the Soviet society. The legal regulation in question, that means the legal regulation of the divorce, was very clearly connected in this case with the regulation of the origin of the marriage and the global conception of marriage. In spite of the naturally complex character of the evolution of legal regulations concerning these problems, the Soviet family law brought nevertheless a great deal of valuable experience for the formation of a socialist family law; practically all the Codes of the people’s democracies were based on this experience. The author deals further with some general features, as well as with some interesting and particular phenomena in the evolution of the legal regulation of divorce during the original period of the people’s democracies and of the construction of socialism. From this standpoint of view, very interesting are the years 1945—1950, as far as the different people’s democracies are concerned. Two periods can be clearly distinguished. During the first period, beginning just after the end of the second World War, a tendency can be observed in favour of a large relaxation of divorce; this tendency is obvious in the legal expression of the conditions requested for divorce. So, for instance, has been introduced at that time the so called preconcerted divorce. This period of evolution was obviously historically necessary. The second, following period, is characteristic by a retreat from the tendency favourable to an easy divorce; so, for instance, the regulation of the preconcerted divorce is abandoned, the legislator retreats from the casuistic method and on the contrary, very broad, generalizing formulations are adopted in order to express the legal conditions requested for the dissolution of the marriage. It is during this period also that another characteristic feature appears: a considerable mutual approach of the legal regulations concerning divorce in the different socialist and people’s democratic States. The adopted solution gives the possibility to individualize every case during the debates in court; the debates in court are not formal in such a case, they proceed in fact in a way which corresponds to the principle of the ascertainment of the material (objective) truth. This tendency becomes naturally manifest also in the course of the actual period in the Czechoslovak legal regulation of the divorce. In the second chapter of the study, the author examines the pre-conditions of the divorce according to the Czechoslovak civil as well as legal procedure regulations. The author analyses first of all the principal general question, which means, first of all, the theoretical interpretation of the notion “rift in the marriage”. The notion of “rift in the marriage” and its interpretation from the viewpoint of the Czechoslovak legal regulation concerning divorce, is very important. The author considers that, from the viewpoint of the legislative expression and conception, this rift always signifies an existing, contemporary and real state of things, caused by certain causes. The rift itself represents afterwards the cause of the fact that the marriage cannot fulfil its social aim. For that reason, the proper “reason for the divorce” is in fact always constituted by the rift in the marriage. During the debates in court the decisive factor is therefore the examination of the said rift and the examination of the social influence this rift exercises on the marriage. The author deals afterwards in detail first with the conditions of the divorce, as requested by the rules of the civil law, and later also with the involved questions concerning legal procedure. She makes a comparison between the regulation concerning these problems, as contained in the previous Act and the corresponding regulation, as contained in the Family Code No. 94 1963 of the Bui.; she points to the fact that the new Family Code brought about many differences. She considers the rejection of the action for divorce as being one of the most important problems; she examines the theoretical aspect of the problem from the viewpoint of the interpretation of the new Act, as well as some practical questions which result from it and which appear in the process of the application of these regulations by the courts. Also in the domain of the rules concerning legal procedure, the new regulation, based on the Code of Civil Procedure, brought about a series of new theoretical and practical problems. This concerns first of all the so called conciliatory procedure between husband and wife. The author considers that this procedure could have a practical importance only if it would have a forcible impact from its very beginning. The court should therefore proceed having certain minimum knowledge of the facts concerning the concrete case. It is however not excluded that this will not always be the case. It must be feared in a certain way that the new regulation, which established this new condition of legal procedure for the dissolution of the marriage, consisting in the conciliatory procedure between husband and wife, will practically be considered only as a means by which the divorce case is prolonged. The third chapter deals with problems involved by the decisions of the courts concerning the children under age in case of the divorce of their parents. The divorce becomes undoubtedly a major social question, where there are children under age, originated from the marriage. This is still more important in view of the fact that in Czechoslovakia, out of the total number of divorces, prevails the number of cases, where the divorce means the dissolution of a marriage with children under age. The questions connected with those problems are in general very troublesome for the society. Already the situation itself of a disturbance in the personal relations between husband and wife is, as a conflict situation, not favourable for the interests of the child. The means, by which the child can be protected against the rift in the marriage of the parents, are in fact minimum. Some possibilities exist to exerce an influence on the parents, but all these are very limited means, which bring about a remedy only in a very limited number of cases. The law provides therefore certain means designed to soften at least the consequences of the rift or of the divorce of the child’s parents. The law provides for the case of the divorce of parents special means designed to the protection of the rights of the children under age, originated from the marriage in question. If the court comes to the conclusion that it will dissolve the marriage by divorce, it must always resolve also the question of the situation of the child for the time after the divorce of the parents and it must fix for that time the exercise of rights and duties of the parents towards their child. The proceedings concerning the rights and the duties of the parents towards their child during the time after the divorce, represent often the most difficult section of the divorce case. The best solution is in every respect if the parents arrange all those questions by a mutual agreement, approved by the Court. The law prefers therefore such a solution. If, however, such an agreement is impossible, it is necessary that the court should take itself a corresponding decision. The problems involved in such a case are extremely various and are as well theoretical as practical. The problems treated in that respect by the author in the present study concern principally the question which consists to know to whom of the parents the Court will commit the child’s education, the question of the determination of the maintenance allowances for the child and the question of the regulation of the relations between the child and the parent. The last chapter is devoted to the problem concerning the blame for the rift in the marriage. The experience acquired during the validity of the preceeding Act on family law, that means during the years 1950-1962, has shown that the statement as to guilt had to be made in about 50 p.c. of all the divorce cases. It is obvious therefore that the blame for the divorce has been a conception quite deep-rooted in our population. It is necessary to consider on the other hand the fact — and the legislator based obviously himself on this consideration in the elaboration of the new Act, which already completely omits the conception of the blame for the divorce — that in matrimonial relations it is sometimes very difficult to determine exactly up to what point reaches legal duty and from where begins the ethical relation and the ethical duties based on it. Guilt is however, if contained in a legal norm, a legal category and it can therefore refer only to the relation of the acting person to the results of the acting, provided that the acting in question constitutes a violation of some legal duty. The distinction between the different forms of guilt, practical in the other juridical branches, is not practical as far as the blame of rift in the marriage is concerned. In the previous Act a certain legal importance has been attached as well to the blame of the rift in the marriage - for the question of the admissibility of the divorce under certain specific conditions — as to the statement as to the blame for the divorce. It is why the new Act, which does not know the notion of guilt in connection with divorce, has resolved differently also those problems. As for the admissibility of the divorce, the legislator considers as being the basis of this question the examination of the problems involved by the rift in the relations between the spouses; he does not bind himself anymore by the ascertainment of the conduct of the spouses in connection with the qualification of such a conduct in the sense of the ascertainment of a guilt. As far as certain juridical consequences are concerned, which have been linked up by the previous Act to the statement as to the blame for the divorce and which have been first of all the problems concerning the maintenance allowances after the divorce, they are also regulated differently. The author concentrates herself in this respect on the analysis of the problems concerning the maintenance allowances after the divorce, first of all on some practical aspects of the decisions taken by the courts in this domain. It results from this analysis, that the courts will now have to assemble, in a series of cases, far more basic materials for their decision than it was necessary before, when the basic criterion for the decision on the adjudgement or the non-adjudgement of maintenance allowances has been the previous statement concerning the blame for the divorce of the marriage.

The case of cesarean section cited by us, in addition to casuistic interest, deserves attention in 2 respects: 1) in relation to deformity of the pelvis, as a result of bilateral coxitis with sequential ankylosis of the hip and knee joints (complete ankylosis of the right limb and 2 incomplete in the left) the relationship of the question of the significance of antiseptics in the use of it for cesarean section, produced as an ultimum refugium in advanced cases of childbirth.

This article focuses on the different characteristics of Islamic law (Sharia) compared to other legal systems. First, it was examined that Islamic law is a legal system based on divine principles. Later, the question of the further development of Islamic law by jurists, although of divine origin, was discussed. It was also pointed out that Islamic law includes secular sanctions. In addition, it was emphasized that Islamic law was developed using both casuistic (problem-oriented) and abstract methods. Keywords: Islamic Law, Sharia, Source, Ijtihad, Mujtahid, Sanction, Religion, Causal Method, Abstract Method, Universality.

Trata-se de um estudo quantitativo sobre as necessidades das famílias de vítimas de Trauma Cranioencefálico (TCE), realizado a partir de seis meses após o evento traumático. A casuística do estudo constituiu-se de 161 familiares e 71 pacientes de TCE. Foi desenvolvido nos domicílios das vítimas atendidas em hospital de referência para trauma e centro de especialidade médica referência para o atendimento ambulatorial de neurocirurgia, ambos situados em Aracaju, Sergipe, Brasil. Na visão dos familiares, a quase totalidade das necessidades do Family Needs Questionnaire foi “importante” ou “muito importante” (índice médio proporcional de 93,1%), e a necessidade mais valorizada foi “ter as minhas perguntas respondidas com honestidade”. A maioria das necessidades não era atendida, e a necessidade menos atendida foi “ter recursos para mim ou para minha família, ex. aconselhamento financeiro ou legal, folga do cuidado, aconselhamento, serviço de enfermagem”.Descritores: Traumatismos Encefálicos, Família, Enfermagem Familiar, Determinação de Necessidades de Cuidados de Saúde.Family needs after a Traumatic Brain Injury: data of the Brazilian realityThis work presents a quantitative study about the needs of the patients’ families with Traumatic Brain Injury (TBI), accomplished six months after the traumatic event. The casuistic of the study was constituted by 161 family members and 71 patients with TBI. The study was developed in the victims’ homes assisted in a regarded Hospital to trauma assistance and a regarded medical specialized center to neurologic and ambulatory assistance both located in Aracaju-Sergipe (Brazil). In the relatives' vision, nearly all the needs of the Family Needs Questionnaire were considered "important" or "very important" (proportional mean index of need, 93.1%). The most important need considered was "to have my questions answered honestly". Most of the needs were not met. The least met need was "to have enough resources for myself or the family, ig. financial or legal counseling, respite care, counseling and nursing services".Descriptors: Brain Injuries, Family, Family Nursing, Needs Assessment.Las Necesidades de las famílias despues de um Trauma Craneoencefálico: dados de la realidad BrasileñaSe trata de um estúdio cuantitativo sobre las necesidades de la familias victimas de un trauma Craneoencefálico (TCE), realizado pasados seis meses del trauma. La casuística del estúdio fue realizada tomando como base 161 familiares y 71 pacientes de TCE. La casuística se llevo en los domicilios de las victimas atendidas en el hospital referencia para traumas y en el centro de especialidad médica para el atendimiento clínico de neurocirugia, los dos localizados en Aracaju- Sergipe, Brasil. En la visión de los familiares, casi la totalidad de las necesidades del Family Needs Questionnaire fueron importantes o muy importantes (indice medio proporcional de 93,1%), la necesidad mais valorizada fue “tener mis preguntas respondidas honestamente”. La mayoria de las necesidades no era atendida, la necesidad menos atendida fue “tener recursos para mi o para mi familia como por ejemplo aconsejamiento financiero o legal, cuidado, aconsejamiento, servicio de enfermeria”.Descriptores: Traumatismos Encefálicos, Familia, Enfermería de la Familia, Evaluación de Necesidades.

This paper addresses the question: Who or what can have a moral status in the sense that we have direct moral duties to them? It argues for a biocentric answer which ascribes inherent moral status value to all individual living organisms. This position must be defended against an anthropocentric position. The argument from marginal cases propounded by Tom Regan and Peter Singer for this purpose is criticised as defective, and a different argument is proposed. The biocentric position developed here is related to that of Albert Schweitzer and Paul F. Taylor, but rejects their assumption of equal inherent value for all living organisms. It argues instead for equal moral status value for moral persons and agents, and gradual moral status value for nonpersons, depending on their degree of similarity with moral persons. Mary Ann Warren's recent book on Moral Status is also discussed. The argument is constructed as a casuistic argument, proceeding by analogical extension from persons to non-persons. The meta-ethical question of its pragmatic validity is discussed.

One of the most severe complications during childbirth is the separation of the tattoo from the vaginal arches (from the sleeve). Hugenberger was the first to draw attention to the ruptures of the vaginal fornix and gave them the name colpaporrhexis . They occur much less frequently than ruptures of the uterus, which is evident from the following: Belousov (1910) collected only about 100 cases, and that, apparently, exclusively from Russian literature; in a major work on this issue, Brindeau and Lerne land stated that the frequency of this kind of complications of labor is difficult to establish, since statistics on this issue do not exist. Obviously, the specific nature of this severe complication is characteristic of Russian obstetrics. Indeed, the statistics of Shchetkin and Belousov is based mainly on domestic casuistry (Guggenberger, Syromyatnikov, Vernits, Lvov, Poroshin, Kutova, Brunoit. E).

Abstract The recent development unfolding in the Arab region forces the observer into the question of security and stability. The Middle East region has been coined with violence and transformations with the growing inability to bring the Israeli-Palestinian conflict to an end. The history of Lebanon is not separate from the surrounding danger. For that end, Hizbullah has pushed Lebanon into the heart of the Israeli-Palestinian struggle. This article investigates the role Hizbullah plays amidst regional conflicts, and its ability to stand out as a religio-political party able to face the Israeli aggression and withstand its religious identity. Interestingly, this has been a key to the Party’s success, where the Party’s religious identity and politics go hand in hand. As such, this paper offers the reader an analysis of how Hizbullah uses religion to its favour, and how religion (specifically Shi’ism) offers a ground for political pragmatism to be justified.

M.m. G.G.! Taz, which I have the opportunity to show you and which is one of the precious copies of the collection of pathological pelvises of the obstetric clinic of St. Vladimira, belongs to the patient K b, who came to the clinic for eversion of the urinary bladder (ectopia vesicae). This patient had already been demonstrated in our Society by Dr. V.N. Gogotsky in the spring semester of 1894. I intend to demonstrate to you only the pelvis of this patient, which is of significant scientific interest, as well as casuistic, as extremely rare encounter. The question of the treatment adopted in this case will be sorted out in another place).

Henry Sidgwick has gone down in the history of philosophy as both the great, classical utilitarian moral theorist who authored The Methods of Ethics, and an outstanding exemplar of intellectual honesty and integrity, one whose personal virtues were inseparable from his philosophical strengths and method. Yet this construction of Sidgwick the philosopher has been based on a too limited understanding of Sidgwick's casuistry and leading practical ethical concerns. As his friendship with John Addington Symonds reveals, Sidgwick was deeply entangled in an effort to negotiate the proper spheres of the public and private, not only in philosophical and religious matters, but also with respect to explosive questions of sexuality – particularly same sex actions and identities, as celebrated by Symonds and other champions of Oxford Hellenism and Whitmania. His willingness to mislead the public about such issues suggests that Sidgwick's utilitarian casuistry was rather more complex and esoteric than has been recognized.

Passion for laparotomy at different times of ectopic pregnancy is considered by most authors to be mandatory in the first half of pregnancy and the sooner the better; and even some authors are beginning to speak out for expectant treatment, even with internal bleeding as a consequence of such a pregnancy. In view of his enthusiasm for operational assistance in such cases, the author considers it necessary to collect more facts for and against and thus solve the question: when it is necessary to operate and when not. To this end, he reports three cases: two operational and one non-operational.

La source éditée et traduite dans ce numéro consiste en un ensemble de textes issus d’un corpus inédit de près de 1400 pages de résolutions de cas moraux jésuites composés durant la première moitié du XVIIe siècle et conservé aux archives de la Compagnie de Jésus à Barcelone. Plusieurs extraits de ce recueil relatifs à la question de l’esclavage avaient déjà été publiés dans Source(s) no 7. Les cas qui sont ici publiés concernent la communauté des résidents chinois aux Philippines, appelés Sangleys. Ceux-ci traitent de problèmes de diverse nature, tels que la répression qui a fait suite à l’insurrection du quartier du Parian de Manille en 1603, les fraudes pratiquées par les Espagnols dans le cadre des interactions commerciales avec les Sangleys, les médecins chinois, les divertissements de la communauté, le débat autour de la coupe des cheveux des Sangleys souhaitant se marier, l’épineuse question des pourboires distribués aux Espagnols à l’occasion des festivité du Nouvel An chinois, ainsi que d’autres questions légales.

Abstract This paper addresses the important current problem of illegal crossing of a national border, which since autumn 2021 has been particularly intense on the Belarusian–Polish section of the border. It has been serious enough to pose a security threat not only to Poland, but also to the rest of Europe. This article contains a discussion of the solutions provided for in the 1999 Criminal Code of the Republic of Belarus that concern illegal border crossing and associated crimes, i.e. organization of illegal migration and violation of the period of prohibition of entry into the territory of the country. For the purposes of the article, it was assumed that the scope of the regulations in question is casuistic and restrictive, and provides little guarantee of protection of the national border of Belarus. The legal analyses that were conducted generally confirmed the assumed evaluation of these solutions.

Evolutive interpretation is one of the most important principles of interpretation that has enabled the Court to interpret the Convention in the light of present-day conditions, expanding the scope of protection under the Convention, and at the same time, raising the question of the permissible limits of interpretation. In the recent climate change case law, the Court has found a violation due to the failure of the respondent state to develop and implement a normative framework that would mitigate the consequences of climate change. The Court has applied evolutive interpretation considering that the Convention does not guarantee the right to a healthy environment or a similar right. The authors use the normative and casuistic methods to determine whether the Court’s recent climate change case law provides clearer parameters for the application of the evolutive interpretation. The research results indicate that judicial case law is not coherent with regard to these conditions, and consequently, the limits of the Convention’s evolutive potential remain unclear.

В работе исследуется структурный элемент статьи Особенной части Уголовного кодекса Российской Федерации - диспозиция. Затрагивается вопрос о соотношении диспозиции статьи, диспозиции нормы и состава преступления. Уделено внимание существующим в современной доктрине уголовного права представлениям о диспозиции статьи уголовного закона, ее видах, структуре. Обращено внимание на простые, описательные, бланкетные, ссылочные диспозиции, а также на особенности их использования. Исследуются абстрактный, казуистический приемы изложения нормативного материала. Обозначены преимущества и недостатки применения законодателем тех или иных приемов, а также влияние способа изложения диспозиции на пределы судейского усмотрения при применении статей. В работе обращено внимание на тенденции, характерные для современного законодателя. The article investigates the structural element of the article of the Special Part of the Criminal Code of the Russian Federation - disposition. The question is raised about the ratio of the disposition of the article, the disposition of the norm and the corpus delicti. Attention is paid to the ideas exiting in the modern doctrine of criminal law on the disposition of an article of the criminal law, its types, structure. Attention is drawn to simple, descriptive, blank, reference dispositions, as well as to the features of their use. Abstract, casuistic techniques of presentation of normative material are investigated. The advantages and disadvantages of the use of these or those methods by the legislator, as well as the influence of the method of presentation of the disposition on the limits of judicial discretion when applying the articles are indicated. The article draws attention to the trends characteristic of the modern legislator.

Prof JUDr. Jiří Boguszak, DrSc., deals in his paper called “Political Parties – Continuity and Discontinuity (Legal Casuistry)” mainly with general characteristics of development of legal position of political parties in our country. A major part of the paper, the casuistry itself, is dedicated to property case of CSSD (Czech Social Democratic Party). The reason is a case, complicated from the interpretation point of view – dispute over People’s House that has been dragging on for years in the post-November period. For ruling in the case it is important to decide, among other things, the question of factual and mainly civil existence of political parties. The author cites in this context act 15/1990 Col. which provides for establishing, change and termination of political parties as artificial persons and he considers them to be an artificial person of a specific kind. The author argues that the question that needs to be decided is focused on the issue of legal continuity of the political party, that is CSSD. CSSD abroad has never stopped its activity and it participated in congresses of Socialist International. In 1990 XXIII. The congress of the party, so-called restoration congress, took place in Prague, party organization abroad was Jater transformed imo another, foreign region of CSSD. These facts together with reflections on illegality of “fusion” with KSC (Communist Party of Czechoslovakia), and continuity between the parties existing before World War II and after it, show that the present CSSD is fully authorized to bear continuity, including civil continuity.

We are probably not mistaken when we state here that one of the most heatedly debated issues in German legal doctrine remains the problem of the delimitation of the limits of judicial lawmaking (Richterrecht). In other words, and in the most succinct terms, the judge’s right to legislate. For the judicial law is, and it would be difficult not to agree with such an opinion, one of the most interesting but also controversial issues in contemporary legislation. The question as to whether a judge is merely the „mouthpiece of the law”, or whether he or she is allowed to make a creative contribution to its interpretation, cannot be regarded, even today, as not serious or merely outdated. Hence, the attempt of Karl Engisch (1899–1990), one of the most prominent German criminal law theorists of the 20th century, to answer this question can and should be seen not only in terms of casuistic demonstration, but also (and who knows if not primarily) as the evidence of a scholar who rejects seeing the judge as a kind of automaton acting according to cognitive dogmas. From the Polish perspective, this account remains convincing insofar as one takes into consideration Engisch’s rejection of National Socialist delusions in the study as well as in the application of law. An attitude which, as we know, was not typical of this milieu during the Third Reich.

A “human being,” Kant writes, “is not entitled to sell his limbs for money, even if he were offered ten thousand thalers for a single finger” (LE 124). This arresting statement is part of a broader position of Kant’s according to which persons lack property rights in parts of their own bodies. One can find in his work at least three arguments in support of this position. One is an argument from human freedom. It is riddled with difficulties. The second is an argument from humanity and dignity. It has general appeal but does little to justify Kant’s verdict on some of his own examples. The last is an argument from self-respect. It has some force. Yet, unless one tempers the Kant of moral opinion with the Kant of moral theory, this argument sometimes delivers unacceptable answers to casuistical questions.

Malaria infections increase the risk of complications in the mother-fetus binomial. In Venezuela, the casuistry of this vulnerable group has not been updated in recent years. The objective of this narrative review was to comprehensively describe what pregnancy-associated malaria is and its maternal, fetal and neonatal effects; trying to answer the following research question. All forms of pregnancy-associated malaria, including gestational, placental and congenital malaria, cause maternal-fetal and neonatal alterations that, if they progress, could lead to the death of this binomial. Physiopathology and immunopathology can explain the symptoms of pregnant women and the fetus, as well as their complications; depending on the parasitic form affecting. There are new updates in the diagnosis, prevention and treatment of this entity.

Justice: Revenge or Reconciliation? An Outline on the Conception of Law in Old Israel:The main part of the present article concerns the most controversial law feature in the Book of the Covenant, namely the so-called lex talionis, the law of retaliation, with the well known words, »a life for a life, an eye for an eye, a tooth for a tooth…« etc. (Ex. 21,23-25). Most likely this law was originally taken over as a quotation from the ancient Mesopotamian codes. However, in the Book of the Covenant it got a quite new meaning, concretized in the case which immediately follows the quotation and concerns a slave or a slave woman who has been maltreated by the master. If such cruelty has cost the person in question either an eye or a tooth, the master will be sentenced to set him or her free. Expressis verbis, this casuistic clause refers to the connotations of lex talionis. But at the same time the case turns this hard old law, originally used for substantiating capital punishment, into an argument for the manumission of slaves. Consequently the ancient lex talionis in the oldest Israelite book of justice was sublimated as a progressive alternative to mere revenge as the basic conception of law.

Collaborative economy platforms now play a fundamental role in the development of digital commercial relations and with the birth of this model of exchange, a series of legal questions have arisen that national and international legislators have preferred to approach cautiously. This paper examines the debate surrounding the liability of intermediaries through an analysis of the Law on Information Society Services and the dichotomy between the digital intermediary and the service provider, analysing the difficulties that exist in distinguishing between them and graduating their liability regime. With a view to the proposed Digital Services Regulation, the lack of current international legislation covering this casuistry means that it must be resolved by means of Private International Law rules to be subsumed in the domestic legislation of each country, although there are some “general” regimes of contractual and non-contractual liability, which will be the subject of study in this article.

The article investigates the relations between Neo-Stoicism and the model of the Christian soldier developed in the military catechisms which were invented after the Council of Trent. After bringing out how the concept of the just war had been Christianized over the centuries, it shows that in the sixteenth century the discussion concerning the legitimacy of conflicts, particularly in the Iberian Peninsula, became a matter of conscience in which theologians had a major voice and a political role. Increasingly, however, thinking about how to behave during a war became more and more important, at the expense of the traditional questions concerning the ius ad bellum. This was also possible thanks to the development of fixed military chaplaincies, like those that set up by the Society of Jesus in Flanders. Finally, a number of texts appeared in the seventeenth century in which theological-moral casuistry, catechism, and military penal law converged to discipline the conscience of soldiers.

This article tries to approach technical or specialized translation from the supposedly opposite view : general culture, a concept, which is increasingly formulated in terms of flows, rather than inventory. The question thus become how to access information one can rely on in order to translate effectively into a specialized language ? This calls for a cognitive approach, leading to rehabilitate the role of forgetting in translation. To provide theoretical background for those operation, one could refer to systemics, one step further from terminology, to the theory of cognitive patterns, or to the version of casuistry advocated by Carlo Ginzburg. In each case, the idea is to articulate generality and specificity in a universe that has become too vast for closed, general theories. As a conclusion, one needs a general culture to translate specialized documents, but first of all in order to achieve a genuine professionalization, thus making it an ethical, deontological and ultimately political endeavor.

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

Contemporary just war thinking has mostly been split into two competing camps, namely, Michael Walzer’s approach and its revisionist critics. While Walzerians employ a casuistical method, most revisionists resort to analytical philosophy’s reflective equilibrium. Importantly, besides employing different methods, the two sides also disagree on substantive issues. This article focuses on one such issue, the moral equality of combatants, arguing that while a methodological reconciliation between the two camps is impossible, contemporary debate would benefit from a ‘third-way’ approach. Presenting James Turner Johnson’s historical method as such an approach, the article suggests that while revisionists are correct in considering the symmetry thesis as ethically indefensible, in order to arrive at this judgement, it is not necessary to employ far-fetched thought experiments and the use of historical cases is preferable. The root cause of Walzer’s problematic reasoning vis-à-vis the symmetry thesis, the historical approach reveals, is his uneasy relationship with the just war tradition. Contributing to a deeper understanding of the respective approaches’ differences, the article seeks to move the focus of contemporary just war away from a narrow intra-disciplinary divide and towards an engagement with substantive questions.

The author by analyzing theoretical ideas put forward b y A. Yu. Simanovskiy in the research ‘Concerning Economic Nature of Crypto-Currency’, which was published in the journal “Issues of Economics’ provides his own opinion concerning whether currency (including crypto-currency) can have economic nature. This question is not rhetoric and has nothing to do with casuistry. It is essential, principle and touches upon problems dealing with national security. On the basis of system-functional analysis and achievements of modern theory of money and using its fundamental provisions the author considers the content of money in dialectic unity of form transformation (material, money, paper, electronic) and spheres (social – money as a symbol; economic – bank notes; political and legal – monetary units) of their being. It is shown that currency, especially crypto-currency cannot have economic nature. In this connection the author studying the process of historical transformation of international monetary systems with regard to achievements of finance, technical and social engineering aimed at creation of ‘digital gold’ thinks that the social and economic model of the future international monetary system has been tested already.

The obligation to act professionally and loyal to the managed corporation is a statutory component of the organizational relationship and expresses the essence of these bonds and the sense of entrusting the values of the company to these hubs for the purpose of its proper management. The sources of the administrator’s duties cannot be limited to respecting statutory injunctions and prohibitions, since they designate only border points. They do not constitute a casuist regulation of all situations. Assuming the legislator’s praxeological and axiological rationality in the process of legislating, it would be necessary to involve a lack of due professional diligence on the basis of civil law liability. However, most courts, as well as the majority of the representatives of doctrine, do not recognize the basis of this responsibility in the mere failure to observe the standards in question, regardless of the seriousness of negligence or inefficiency in the exercise of functions.

"Moral case deliberation is regularly used as a teaching method at our medical school. Besides we facilitate moral case deliberation on the ward in our hospital. In both instances, our assumption is that practicing moral case deliberation will assist our (future) healthcare professionals to cultivate the virtue of practical wisdom. But, is this assumption, right? The answer to this question requires both empirical research and conceptual analysis. This paper focuses on the latter. The claim defended is that we can elucidate the relation between moral case deliberation and practical wisdom through an analysis of so called morisprudence. We start with discussing two divergent but related interpretations of morisprudence: one introduced by Toulmin and Jonsen, related to casuistry, and one related to a Dutch interpretation with a strong relation to moral case deliberation. The combination of the both interpretations shed new light on the conceptual connections between cultivating prudence (practical wisdom) and moral case deliberation, but it also provides new insights into the individual and collective dimensions of practical wisdom, of character formation within organizational contexts. Finally, it may have consequences for how moral case deliberation should actually be employed to teach practical wisdom. "

According to the American Thyroid Association’s 2015 guidelines: “Since hyperfunctioning nodules rarely harbor malignancy, if one is found that corresponds to the nodule in question, no cytologic evaluation is necessary”. These findings are based on numerous studies proving the rareness of the combination of functional autonomy and thyroid cancer, and when such casuistry is detected, the non-aggressive course of the malignant process is observed.Rare revealing of malignant nodules functional autonomy can be attributed to several fundamental bases of non-medullary thyroid carcinoma pathogenesis. According to one of the hypotheses of carcinogenesis, dedifferentiation of thyrocytes occurs initially with the loss of the possibility of the sodium-iodine symporter synthesis, and later of the thyroid-stimulating hormone receptor synthesis by the cell, which reduces the hormone production by tumor cells. In addition, hyperthyroidism has a protective feature. It reduces the level of thyroid-stimulating hormone (which causes hypertrophy, hyperplasia of thyrocytes and has an antiapoptotic effect). This protective function is used in practice for suppressive therapy in the postoperative period, which reduces the progression, recurrence and mortality from thyroid cancer. The above circumstances prove the rareness of the clinical observation described below, which deserves additional attention and subsequent discussion.

AbstractThe Rome Statute contains a body of legal standards on elements of the offences, concepts of criminal responsibility and defences of unprecedented detail. Whereas these standards serve the International Criminal Court as normative framework, the principle of complementarity implies that domestic jurisdictions are to take the lead in the adjudication of international crimes.This article addresses the question whether domestic legislators and courts are bound to meticulously apply the international standards, or whether they are left some leeway to apply their own (criminal) law. The article starts with a survey of the actual performance of national jurisdictions. Current international law does not explicitly compel states to copy the international standards; at most one might argue that the codification of international criminal law and the principle of complementarity encourage harmonization.Capitalizing on the concept of 'open texture of law' and the methodology of casuistry, the present author argues that a certain measure of diversity in the interpretation and application of international standards is inevitable and even desirable. However, as a general rule, states have less freedom of interpretation in respect of the elements of crimes than in the application of concepts of responsibility and defences.

Is there a relationship between commercial locations and crimes against high-value property, specifically vehicles? To answer this question, we analyze the used vehicle and parts market, a segment regulated by the National Dismantling Law - Law #. 12,977/2014, for the control with greater rigor of the activities of dismantling, sale and resale of parts and used vehicles. In Paraná state Decree # 8,804/2018 requires accreditation of this type of trade, "shredder", with National Department of Transit - DETRAN. Thus, we analyzed the spatial correlation between the occurrences of vehicles recovered from crime in Curitiba and the points of trade related to dismantling, pointing out areas of high casuistry of occurrence and possible relations with areas of concentration of automotive establishments of parts and used vehicles not yet regularized with DETRAN. A clear similarity was observed between some of the variables distributed by neighborhood, such as "partially legalized chop shops" and "recovered vehicles" (r=0.365). It can be concluded that the Law of the Auto Dismantlers brought evident contributions to economic and social development, once it contributed to the expressive fall of patrimonial crimes against vehicles in several states, also in Paraná. The results may alert the state to a greater and better commercial inspection of those establishments in its territory.

The article concentrates on the study of such a technical and legal solution as approximate list of modi operandi. The author considers the wording used to reflect the modus operandi in the criminal law in general. In addition, using specific examples, the author explains the significance of fixing the modus operandi in the disposition of the main and within the framework of the qualified composition of a crime. Using the example of the wording "in another way" specified in the disposition of Part 1 of Article 150 of the Criminal Code of the Russian Federation, attempts to understand the justification for an approximate list of modi operandi. It was revealed that the approximate list of modi operandi in the current criminal law, in addition to the above wording, is also indicated by the phrases "in another socially dangerous way", "in another illegal way" and "other illegal actions". It is stated that the technical and legal solution under study can indicate the modus operandi as a mandatory element of the actus reus of a specific crime only from the position of the legislator’s understanding of the most typical variations for this crime. It is noted that the enumeration as one of the techniques of casuistic exposition is usually used to limit judicial discretion. But in cases with an approximate list of modi operandi, this goal is not achieved. As a result of this research, the author comes to the conclusion that the technical and legal solution in question is nothing more than a legislative mistake, because it has no practical significance. Moreover, this solution creates practical and theoretical problems. The last conclusion is based on an analysis of materials from judicial practice and the works of researchers in the field of criminal law. It is proposed to exclude all the above specified formulations from the text of the criminal law, as well as the list of modi operandi in the articles where these formulations are used.

The article analyses the structure of the norm on criminal liability for looting (Article 356.1 of the Criminal Code of the Russian Federation). This norm is a novelty of the current domestic criminal legislation, in connection with which, in the author’s opinion, there are some shortcomings and technical gaps in it. The author gives a small retrospective analysis of the rule on responsibility for looting. When studying the composition of the crime in question, the author notes the excessive casuistics used by the legislator in the construction of the composition of looting. It is proposed to exclude the signs characterising theft from Part 1 of the article under study, as well as to exclude concretisation regarding the range of victims whose property may be stolen by a looter. The author considers it expedient to indicate in the disposition the rules on looting the features characterising: 1) extortion and 2) the place of commission of the crime, as the absence of these signs is a legal and technical error. A note to Article 356.1 of the Criminal Code of the Russian Federation, which contains quantitative characteristics of the damage caused to a person by looting actions, namely a large amount over 250 thousand rubles and a particularly large amount over one million rubles, also falls under the critical analysis. According to the author, these characteristics are overestimated and require adjustment, as the current norm will be «dead» due to the fact that it is difficult to imagine the amounts of money or other property fixed by the legislator that are with the victims of looting. In conclusion, the author proposes an amended version of the main composition of the looting rule.

In a press release during the television news on the Malian television, Colonel Abdoulaye Maïga, government’s spokesperson, announces the rupture of the defense agreements with France. This denunciation, carrying out a threat that has been agitated for months, constitutes a new manifestation of the deterioration of relations between the authorities dominated by the soldiers who came to power by force in August 2020 and the former allies of Mali in the fight against the jihadists. Thus, the objective of this article is to report on the effects of the violation of the independence, power and autonomy of the Malian state by France. Starting from this objective, the problem statement to which this reflection invites is the following: what is the impact of the in observation of Malian sovereignty by France? This question is justified in view of the mutations or transformations of the law of international relations leading to the erosion of Malian sovereignty. By mobilizing legal casuistry, the hypothesis of this analysis is as follows: Malian sovereignty has more or less been affected and infected following French military espionage. On this basis, we arrive at two results, namely: first, the re-examine of the concept of sovereignty in context with regard to benevolence in the field of the law of international relations and, subsequently, the fragmentation of the law friendly relations between states through control over the internal activities of a state.

- An instrument for the control of the complexity that is now regaining favour is the redefinition of "rules". The purpose of this redefinition contains a second one in itself: to establish in general if a public Ethic is necessary. The typically polemic expectation, that request of rules emerges on, pertains to the field of both private and public ethic. At the general request of ethically connoted rules, to be meant as an indicative strategy of the action in a horizon of foreseeable risks, corresponds a much widespread awareness that a complex society must rest on the thesis of the Normal Accident, that is, of a normalization of the loss, both human and material. In fact: the normal loss, above all, means a normalization of human loss. The reappearance of the questions that have always followed mankind, now surprise the ethic spring of rules in a phase of disconcerting improbability. The great seasons of moral control of the rapidly increasing social complexity today (for instance Jesuitical casuistry), reintroducing the "moral" fluid medium, show a great weakness. The socio-structural insubstantiality of Ethic shows both the strength and the topicality of the anthropological change we are living, as well as the need to be furnished of instruments of analysis of the human that set aside the scantiness of old mechanical analogies. If the complex society applied only the 40% of the biblical motto "Don't do onto others what you wouldn't like to be done to you", this society (ours) couldn't exist the way it is. Man is no longer the criterion of reference of human actions.Parole Chiave: autoreferenza, complessitĂ , concetto di societĂ , norma sociale, teoria dei sistemi sociali, rapporto tra sociologia ed etica, Codice della Morale.Key Words: Self-reference, Complexity, The Concept of Society, Social Norm, Social System Theory, Evolution of Complexity, Relationship of Sociology and Ethics, The Code of the Moral.

Since their very first entry into the Ming empire (Jesuits 1580s, Franciscans 1630s), Christian missionaries produced an extensive body of testimonies on this exotic and unknown territory, in which they described Chinese history, philosophy, nature, culture, religions, society, and people, including Chinese food, culinary practices, and habits. This extensive corpus of missionary documents not only discussed "things Chinese" but also interpreted this unknown country for their European readers in a process our current scholarship has deemed as "transcultural translation", during which the foreign culture is explained using familiar European terms. In my article, I focus on one particular aspect of food intake, or rather its voluntary absence: the practices of ecclesiastical fasting. I analyse how the first Jesuit and Franciscan missionaries understood fasting in the particular context of Chinese and Japanese culture and, more importantly, what obstacles and dilemmas they had to face in establishing it in their missionary work. I then relate these doubts and questions to contemporary missionary casuistry and moral theology. Finally, I explore ecclesiastical fasting as a compelling symbol of Christianity's encounter with the alien spiritual and cultural idioms of China (and Japan). I argue that it exemplifies the nature of the inter-cultural and inter-religious confrontation, displaying the inevitable difficulties inherent in rendering the Christian message. As far as the methodology is concerned, I explore some central assumptions of transculturality, transcultural translation, and Otherness, though I also point out the potential flaws and deficiencies of these perspectives when applied to this textual material. However, I do not aim at establishing an unambiguous methodology for dealing with these sources; my intention is rather to emphasize the absence of a reliable methodological approach for Early Modern missionary documents.

Efficiency in Environmental Administrative Law – on the Role of Law and Environmental Economics With respect to economic theory there is a demand for more “efficient” law, especially when it comes to environmental law. The“law and economics” strand of research, however, remains (at least under this rubric) strongly influenced by civil law issues. Against this background, the question arises to what extent the methods and arguments usually applied in the economic analysis of civil law can be transferred to public law. So far, environmental administrative law has not been the subject of a cohesive economic theory, but rather of multiple approaches (here referred to as “economic analyses”) that are rapidly becoming more differentiated. These are applied rather selectively and are often only potential economic analyses because they are suitable and relevant for environmental law but have not yet really been activated in this respect. A full-scale transfer of legal economic concepts from the economic analysis of civil law is certainly not possible. Precisely because of the recognition of this fact, intensive and intensifying efforts have been made in environmental economics for about 50 years to develop an adapted methodological casuistry for (public) environmental issues. These adaptations affect both the understanding of efficiency, the institutions analyzed, as well as the challenges of uncertainty and contextual assurance. The result may not yet be fully convincing as “Law and Environmental Economics”, but a methodological approach to the object of knowledge and its particularities in environmental law cannot be denied. In this regard, “economic analysis” seems to be fruitful and expandable for environmental law without further ado, but in an adapted and specific form. For example, the objection that judicial efficiency control of the administration (and the legislature) is institutionally impossible and materially undesirable (e. g., with respect to the separation of powers) must give way to more differentiated considerations.

INTRODUCTION:The main difficulties encountered in the integration of ethics in Health Technology Assessment (HTA) were identified in our systematic review. In the process of analyzing these difficulties we then addressed the question of the diversity of ethical approaches (1) and the difficulties in their operationalization (2,3).METHODS:Nine ethical approaches were identified: principlism, casuistry, coherence analysis, wide reflexive equilibrium, axiology, socratic approach, triangular method, constructive technology assessment and social shaping of technology. Three criteria were used to clarify the nature of each of these approaches: 1.The characteristics of the ethical evaluation2.The disciplinary foundation of the ethical evaluation3.The operational process of the ethical evaluation in HTA analysis.RESULTS:In HTA, both norm-based ethics and value-based ethics are mobilized. This duality is fundamental since it proposes two different ethical evaluations: the first is based on the conformity to a norm, whereas the second rests on the actualization of values. The disciplinary foundation generates diversity as philosophy, sociology and theology propose different justifications for ethical evaluation. At the operational level, ethical evaluation's characteristics are applied to the case at stake by specific practical reasoning. In a norm-based practical reasoning, one must substantiate the facts that will be correlated to a moral norm for clearly identifying conformity or non-conformity. In value-based practical reasoning, one must identify the impacts of the object of assessment that will be subject to ethical evaluation. Two difficulties arise: how to apply values to facts and prioritize amongst conflicting ethical evaluations of the impacts?CONCLUSIONS:Applying these three criteria to ethical approaches in HTA helps understanding their complexity and the difficulty of operationalizing them in HTA tools. The choice of any ethical evaluations is never neutral; it must be justified by a moral point of view. Developing tools for ethics in HTA is operationalizing a specific practical reasoning in ethics.

The article analyzes the legislative tools designed to combat corruption, Art. 369-2 of the Criminal Code of Ukraine «Abuse of influence» occupies a special place. On the one hand, this prohibition is actively demanded in practice, on the other hand, its inclusion in the Criminal Code increased the casuistic nature of the latter, partially created an excess of legislative description of criminal behavior related to corruption, and due to non-compliance in this case with the principle of legal certainty, seriously complicated the application of Criminal Law of Ukraine in practice.
 The criminal offense provided for in Art. 369-2 «Abuse of influence» of the Criminal Code of Ukraine is quite difficult to understand and apply. In addition, there are certain problems with the proper criminal-legal qualification of criminal behavior at the junction of such corruption components of criminal offenses as Art. 369-2 and Art. 368 «Acceptance of an offer, promise or receipt of an illegal benefit by an official», Art. 368-3 «Bribery of an official of a legal entity of private law, regardless of the organizational and legal form», Art. 368-4 «Bribery of a person providing public services» of the Criminal Code of Ukraine.
 The norm of Article 369-2 of the Criminal Code of Ukraine is the result of the implementation of Article 12 of the Criminal Convention of the Council of Europe on the fight against corruption and Art. 18 of the UN Convention against Corruption. However, this implementation is far from perfect, which always creates problems for law enforcement.
 The origin of the concept of «abuse of influence» is interesting. Most likely, it is the fruit of creativity of the Ukrainian legislator. After all, the concept of «trading in influence» is used in international acts, which in translation means trading in influence, but not abuse.
 Thus, the specified composition of the criminal offense was permanently problematic in qualification and, accordingly, in understanding. For a long time, difficulties arose with the application of the note, which has lost its validity, and, accordingly, with the definition of the person authorized to perform the functions of the state. And although this problem was later settled by the legislator, the question of the nature of the influence still remains debatable: whether it must necessarily be connected with the official position or whether it is possible to use friendly, family and other ties - the appropriateness of fixing as a separate qualifying sign of extortion, as well as the type of subjects of the specified crime.

Unlike other principles of criminal procedure (such as legality, presumption of innocence, etc.), the principle of dispositivity (the principle of autonomy of the will of a participant in the proceedings) does not have an independent legal formula, enshrined in a separate article in the current criminal procedure legislation of Azerbaijan. In this regard, questions about the existence, concept, content, individual elements, manifestations, and scope of the principle are becoming relevant and at the same time highly disputable. The author aims to determine the essence of dispositivity, to consider its individual manifestations, as well as to develop scientifically sound recommendations for optimizing the application in practice of the norms of the Code of Criminal Procedure in regulating issues related to the dispositive basis of the criminal process. The set goals predetermined solution for such basic issues as study of the philosophical and legal concept of dispositivity; determination of determinants-manifestations of dispositivity in criminal proceedings as a whole; recognition of dispositivity as one of the autonomous principles of the modern criminal process of Azerbaijan. The study was conducted by methods of dialectical cognition based on the principles of reflection, comprehensiveness, unity of induction and deduction, determinism, contradiction, and unity of analysis and synthesis. The author has studied and summarized a great deal of doctrinal material and jurisprudence, and some selected judicial acts have been used as real models for casuistry of the issues addressed in the article. As a result of the study, the author substantiates that, despite the absence of an independent article in the CPC on this principle, dispositivity is an autonomous principle of criminal procedure, not covered by other principles; on the contrary, it enters into various correlative relations with them. In other words, the Code of Criminal Procedure does not provide a binding feature of the principle of criminal procedure. As the main determinants of the principle under study, the author proposes to consider a system of procedural rights of non-governmental participants in the proceedings that have the effect of initiating some kind of proceedings, and the consent of a participant category, which is a mandatory condition in the procedural decision-making mechanism of entities with power.

Cleft lips and palate are considered congenital craniofacial malformations originating in the early stage of embryo development, due to an incomplete fusion of the medial nasal processes and maxillary processes. A multidisciplinary team is required to carry out the ideal treatment for these childhood patients. Aims: The objective of this study was meant to describe the casuistry of patients with cleft lip and palate in infants who attended the Operation Smile Venezuela Foundation in the period from 2015 to 2019. Subjects and Method: This was a non-experimental and descriptive field research. The sample included medical records from patients with cleft lip and palate that were attended since 2015 to 2019, having in account exclusion and inclusion criteria. A questionnaire was used as an instrument through the Google Form application with 34 closed questions of dichotomous answers. The variables studied were epidemiological characteristics such as: age, gender and origin, also we analyzed types of clefts lip and palate and whether they obtained surgical resolution or not, which were collected and evaluated according to our type of research and the objectives. Results: 618 medical records were analyzed, with an average of showing a prevalence in preschool age ( 40%) , followed by minor infants ( 29%) and the age with less prevalence was newborns (1%). In terms of gender there was an almost equal distribution, males (58%) and females (42%). Geographically there was a predominance in the Capital District (20%), Miranda (15%), Aragua (13%) and Monagas (12%) during the period studied. But states such as Amazonas, Barinas, Cojedes, Delta Amacuro, Lara and Nueva Esparta had the lowest percentage (0%). Of the cleft lip the most prevalent was the Complete left Unilateral, followed by the Incomplete Left Unilateral and the Complete Bilateral cleft lip. The Complete Bilateral and the Hard and Soft Posterior Palate Cleft were the most common. Conclusions: It is essential to determine the epidemiological variants, as well as to know the etiology of the cleft lip alveolus palatal and how to prevent them. Likewise, through this work, the activity that Operation Smile Venezuela Foundation carried out day by day is made known.