Academic literature on the topic 'Social aspects of Civil procedure'

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Journal articles on the topic "Social aspects of Civil procedure"

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ZHIHUA, WAN. "SEVENTIETH ANNIVERSARY OF PRC CIVIL PROCEDURE LEGISLATION." Herald of Civil Procedure 10, no. 5 (November 30, 2020): 199–211. http://dx.doi.org/10.24031/2226-0781-2020-10-5-199-211.

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In this article, the author examines the history of the development of legislation on civil proceedings over 70 years since the formation of the New PRC. The article analyzes the historical prerequisites for the adoption of the CPC of the PRC, describes the features of the development of legislation on civil procedures in different periods, and also reveals the connection between the evolution of legislation on civil procedures and the development of social life in China. Achievements and successes achieved in civil procedure legislation, prospects for the development of Chinese civil procedure legislation are summarized. In particular, in the study, the author emphasizes that at present, artificial intelligence is widely used in all aspects of people’s daily life, including in the judicial sphere. On the one hand, artificial intelligence contributes to improving the efficiency, fairness and speed of justice, and on the other hand, numerous disputes related to Internet transactions and human rights violations on the Internet are inevitably associated with the use of artificial intelligence in the process of legal proceedings in the collection, verification or certification of evidence. Another finding is that citizens are increasingly advocating that the state guarantees their legal rights and interests. The process of democratization and the rule of law at the global level also exerted significant pressure on the judiciary, which led to a very active development of the civil procedure system in China for a further long period.
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Bortnik, O. H., and T. V. Stepanenko. "Instrumental aspects of proportionality in civil proceedings." Law and Safety 85, no. 2 (June 30, 2022): 169–78. http://dx.doi.org/10.32631/pb.2022.2.16.

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The purpose of the work is to define the role of proportionality as a tool for overcoming legal uncertainty in the application by courts of the principles and norms of law in modern civil proceedings. It was supported the statement that within the limits of modern legal understanding, different from the objective or subjective determination of legal phenomena, which were traditionally characteristic of the national legal doctrine, the understanding of principles is not limited to the properties of technical means for constructing norms or means of overcoming gaps in legal regulation. The principles of law determine the purpose, possibility, regime and limits of law enforcement. Based on intersubjective legal understanding, an instrumental approach has been applied to the analysis of principles in law, their role and significance for the implementation of civil justice, primarily for those legal situations in which the procedure for carrying out proceedings is determined discretionarily. The position regarding the separation of written and unwritten, as well as structural and ideological principles has been supported. It has been concluded that the hierarchy of values in society determines the hierarchy and content of principles in law, namely: basic (fundamental, primary) principles of law and legal (general, inter-branch, branch) principles. The impracticality of assessing the effectiveness of civil proceedings only through the implementation of the protective function (due to effectiveness) has been emphasized and it has been suggested to pay attention to such a category as the balance of interests implemented in civil proceedings. It has been concluded that fair is justice, which guarantees a balanced, necessity-based limitation of opportunities in the realization of procedural and legal interests, in the exercise of rights, as well as compliance with the procedure established by law, which is a reflection of public interests in legal security. It has been emphasized that proportionality is an instrumental principle that allows to ensure legal discourse, which is a means of achieving a balanced legal and social result, which is connected with ensuring the rule of law during the exercise of power. The decisive factor in the application of proportionality is the reflection by the subject of law enforcement of his/her understanding of the law, as well as his/her own good faith. The application of proportionality in the version of the test, in which the procedure for solving the case (committing a procedural action) is based on a factual (pragmatic) approach in combination with a procedural institutional approach, allows the application of relatively defined legal norms, in relation to which the rules of deontic logic do not apply.
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Нуртдинова, Алия, and Aliya Nurtdinova. "Social Responsibility of Business: Legal Aspects of the Economic Concept." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7247.

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The article deals with the problem of creation of the business (corporative) social responsibility conception and key elements of this conception. The functioning of the market economy in the modern society is impossible without strong ties between society and business community, social obligations of companies, corporations, firms and so on. Idea of business (corporative) social responsibility reflects these ties and is based on the philosophical doctrine of moral ideals as the goal of social progress. Business (corporative) social responsibility supposes free-will initiatory social activity of companies — activity, that is not related to commercialization. There are some areas of such activity: occupational safety, providing favourable conditions of employment, protection the environment, social security, health protection, culture and education. The author has attempted to characterize principles of companies’ social activity. These are: respect for law order, which means not only subjection to the law, but voluntary renunciation of using deficiencies of law and other law imperfections; respect for international laws; respect for human rights; concerning for moral ideals. Companies realize social responsibility in different ways. First of all through collective bargaining procedure. The next way is cooperation with government and local communities. Cooperation with non-government organizations (civil society organizations) and charity are also possible.
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Kovalev, Artem Aleksandrovich. "Participation of the prosecutor in consideration of civil cases by the courts of appeal." Право и политика, no. 4 (April 2021): 1–9. http://dx.doi.org/10.7256/2454-0706.2021.4.35399.

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The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.
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Cherneha, Andriy P., Zhanna V. Udovenko, Nataliia A. Sergiienko, Nataliia O. Oblovatska, and Alyona O. Dotsenko. "State Guarantees of the Right to Housing for War Veterans: Substantive and Procedural Aspects." Cuestiones Políticas 38, Especial (October 25, 2020): 223–47. http://dx.doi.org/10.46398/cuestpol.38e.15.

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The purpose of the article was to reveal the problematic aspects of the realization of the right to housing by war veterans who participated in counter-terrorism operations / joint operations. I am interested in observing the protection of this right in civil, criminal and executive proceedings based on national and international law. The methodological basis of the study includes general and special methods of scientific research (historical, statistical, formal logic, comparative legal and structural logic). Statistics are given on the number of war veterans (combatants) as of 2019-2020, in the dynamics of providing them a living space in Ukraine during 2015-2020. In addition, the article provides examples of the elimination of conflicts of laws and ambiguous judicial practices of application of civil, family, housing and social law, as well as civil, criminal and executive procedure in the field of exercise of the right to housing by combatants and their families, protection of this right before the courts and execution of decisions in this category of cases. The results of this work can be useful for combatants who need to improve their living conditions, as well as for human rights defenders who help these people.
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Korotkov, D. B., and T. V. Shershen. "Substantive and Procedural Representation: Civil Law and Family Law Aspects." Вестник Пермского университета. Юридические науки, no. 50 (2020): 738–61. http://dx.doi.org/10.17072/1995-4190-2020-50-738-761.

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Introduction: representation as a civil law relationship has long been an area of particular research interest, which can be explained by its special significance as one of the guarantors of the subject's right to free participation in civil circulation. At the same time, there have developed certain stereotypes in scientific research concerning the legal relationship of representation, the doctrine lacks a holistic approach to the study of representation as a relationship under civil law, which indicates the necessity of developing such an approach. Taking into consideration the dynamic development of procedural legislation, the legal relationship of representation is also undergoing changes, especially in relation to civil and family law relations. Purpose: to develop a holistic view on the current civil and family law regulation of substantive and procedural representation taking into account new changes in Russian procedural legislation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic, comparative legal, method of interpretation of legal norms. Results: the study showed that representation should be considered as an organizational and informational relationship regulated by civil law within the framework of which the representative exercises the authority received from the represented person to perform on behalf of this person in relation to third parties legal actions and closely related to them factual actions entailing the emergence, change or termination of the rights and obligations of the person represented. Accordingly, a stable closed set of legal rules regulating this social relationship is called the institution of representation. Conclusions: representation as a legal relationship can be classified by types and forms: types are distinguished according to the branch affiliation (substantive or procedural law), while forms are distinguished according to the grounds for the emergence of the representative authority (representation by virtue of law, including based on an administrative act; contractual representation; representation from the situation). The legal relationship of representation is different from similar legal relationships (commission legal relationship, agency service, legal participation, activities of a signer’s assistant, activities of a mediator).
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Chernykh, I. I. "Interdisciplinary approach by IT-technologies implementation into the civil procedure." Journal of Physics: Conference Series 2210, no. 1 (March 1, 2022): 012002. http://dx.doi.org/10.1088/1742-6596/2210/1/012002.

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Abstract This article substantiates that the demand for large research projects of the mega class in the field of social sciences is very high today. The system of regulators of public relations is faced with unprecedented challenges: from the need to develop state and world policies regarding the regulation of the use of AI and cyberspace to the determination of the boundaries of the possible replacement of humans with information technologies. The key aspect in this discourse is the activity of the state to ensure the protection of the rights in civil procedure. In this area, there is a need for an interdisciplinary and transnational nature of research. World legal practice needs a uniform approach to the digitalization of the law, to the status of IT-information, to its use in the cognitive activity of the court1. Introduction
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Dobkinа, K. R. "Social and economic aspects of reforming legislation participation of public authorities in civil procedure (on the second half of the XIX century)." Legal Novels 9 (2019): 15–21. http://dx.doi.org/10.32847/ln.2019.9.02.

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Meringolo, Patrizia. "Juvenile Justice System in Italy. Research and interventions." Universitas Psychologica 11, no. 4 (July 12, 2012): 1092. http://dx.doi.org/10.11144/javeriana.upsy11-4.jjsi.

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This paper talks about the juvenile justice system in Italy. The author describes the interventions done with minors, boys and girls aged from 14 until 18 years, who have committed offenses of the civil or penal code, by the New Code of Criminal Procedure for Minors (1988). The Procedures have had some positive psychological aspects, aimed to avoid detention, thanks to alternative measures and strategies for inclusion, including also the minors living in the South, that are often involved in mafia-crimes. Nonetheless there are more negative psychological issues, because alternative punishments are not often applied to minors that lack social networks, particularly to foreign ones. Three examples of participatory researches will be shown, promoted by the Municipality of Florence, Department of Psychology and Third Sector Associations, aimed to promote psychological and social inclusion of minors (particularly those coming from abroad), with the commitment of active citizenship organizations, with an evaluation of their strengths and weaknesses.
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Gadomska-Radel, Anna. "Legal Aspects of Domestic Violence in the Light of Amendments to the Police Act and Other Acts." Internal Security 13, no. 2 (December 29, 2021): 13–14. http://dx.doi.org/10.5604/01.3001.0015.6546.

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Violence in the family is an important social issue and one of the most dangerous pathological problems leading to victimisation. It can take various forms, namely physical, psychological, economic and sexual abuse, and each time it causes multi-level consequences for all family members. The extent of domestic violence and its consequences show that the binding regulations of the Act on Counteracting Domestic Violence, as well as of the Code of Criminal Procedure, referring among others to the order for the perpetrator of domestic violence to leave the place of residence, have often proved insufficient in practice. It was therefore necessary to introduce more effective instruments of the legal protection of a person subjected to violence into the Polish legal system, allowing, inter alia, to order the offender to leave the place of residence with immediate effect. It was additionally improved by allowing the court, as a form of safeguarding measures under the provisions of the Code of Civil Procedure, to extend the validity of an order or a ban issued by the Police or Military Police for a further period of more than 14 days, as well as by speeding up the proceedings related to obliging a violent person to leave a shared dwelling and its immediate vicinity or bar him or her from the dwelling and its immediate vicinity. This was expressed in the Act of 30 April 2020 on amending the Act - the Code of Civil Procedure that came into force on 30 November 2020 and in some other acts. The introduced regulations will make it possible to ensure the safety of a person affected by violence who will not have to leave the dwelling to seek shelter for themselves and their children, and should also contribute to the improvement of victims’ situation and measures taken to counteract violence in the family.
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Dissertations / Theses on the topic "Social aspects of Civil procedure"

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Grant, Eli. "Network analysis for social programme evaluation." Thesis, University of Oxford, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.719991.

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Velasco, Junior Estanislau. "Processo judicial eletrônico: novos tempos para o trabalho da advocacia?" Universidade Tecnológica Federal do Paraná, 2013. http://repositorio.utfpr.edu.br/jspui/handle/1/568.

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Esta pesquisa investiga como se dão as interações e as relações entre a tecnologia e o trabalho do(a) Advogado(a). O estudo tem o objetivo de analisar as condições atuais do trabalho na advocacia a partir das modificações trazidas pelo Processo Judicial Eletrônico – PJE. Busca-se apresentar o quantum o PJE tem condicionado a práxis cotidiana da atividade da advocacia. Temse como pressuposto teórico que o trabalho e a tecnologia não determinam o agir humano, sendo, pois, o ser humano livre para direcionador as facilidades trazidas pela tecnologia, as quais deveriam, em tese, proporcionar a melhoria nas condições materiais da vida das pessoas. Trata-se de pesquisa realizada a partir de questionários abertos que permitem, tanto uma análise qualitativa dos conteúdos de depoimentos escritos, quanto certa quantificação, via consolidação das respostas obtidas. São analisadas as transformações provocadas pela informatização do processo judicial em sua nova forma eletrônica – mudanças estas ocorridas a partir do advento da Lei 11.419/2006 – e a reestruturação do trabalho na advocacia brasileira nestes últimos anos. O problema que se pretende responder, em última análise, é o seguinte: Qual a potencialidade emancipatória da tecnologia para o trabalho do(a) advogado(a)? Ao final do estudo são apresentados os resultados obtidos na pesquisa quanto a: intensificação no trabalho do(a) advogado(a); modificações observadas na estrutura dos escritórios de advocacia; principais dificuldades dos(as) advogados(as) com o PJE; alterações na produtividade no trabalho dos(as) advogados(as); percepção dos(as) advogados(as) quanto aos impactos da implantação do PJE na saúde, e; algumas implicações de gênero, entre advogados e advogadas, para se para trabalhar com o Processo Judicial Eletrônico.
This research investigates how interactions occur and the relationship between Technology and the Work of the Lawyer. The study aims to analyze the current conditions of work of advocacy from the changes brought by Judicial Process Electronic - PJE. We seek to present the quantum the PJE has conditioned the daily praxis of advocacy activity. It has as theoretical assumption that the Work and Technology does not determine human action and therefore humans free to control the facilities brought by technology which should in theory provide the improvement in the material conditions of life people. This is research from open questionnaires that allow both a qualitative analysis of the content of the written reports, as some quantification via consolidation of replies. It analyzes the transformations caused by computerization of the judicial process in your new electronic form, these changes occurred since the enactment of Law 11.419/2006 and the restructuring of the work of Brazilian advocacy in recent years. The problem we intend to answer is the following: What is the emancipatory potential of technology to the work of the lawyer? At the end of the study presents the results obtained in the research regarding: intensification of labor lawyer, modifications in the structure of advocacy firms, lawyers 'main difficulties with the PJE, changes in work productivity of lawyers, lawyers' perception regarding impacts of the implementation of PJE in health and some gender implications between men and women lawyers to get to work with the Judicial Process Electronic.
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Abbasian, Hosseini Seyed Alireza. "Social and Engineering Aspects of Construction Site Management using Simulation and Social Network Analysis." Thesis, North Carolina State University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10110533.

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The crews/actors/subs during a construction project make relationship and communicate with each other on the jobsite primarily when they work in a task sequence or when they work in the same working area at the same time. These interdependencies can have various impacts on their performance, the decisions their supervisor make and their action from both engineering and social aspects. The main focus of the past research is on the project parties’ relationship based on the information exchange and formal communication, while the research pertaining to the interpretation and investigation of the construction crews/trades’ interdependencies during the construction project is very limited. How are the construction jobsite actors connected in a construction jobsite? How do the existing interdependencies among them affect their performance? And how can understanding these interdependencies be beneficial for construction site managers? The primary goal of this research is to better understand the existing interdependencies among the construction crews/trades/subs and its impact. Particularly, the objectives of this research are to: 1) develop the jobsite social network of construction crews/trades and quantify its impact, 2) investigate the impact of social conformity on the performance of construction crews/trades, 3) identify the improvement direction (benchmarks) for inefficient construction crews/trades, and 4) investigate the cost/benefit of low or high reliable construction crews/trades and to develop a new educational version of Parade Game.

First, social network analysis (SNA) is implemented to develop a technique to construct the dynamic jobsite social network of crews/trades in a project and quantify its impact through the network centrality analysis. The results of a case study are presented. Then, SNA and social norm analysis are combined as a method to measure conformity, one of the main social network influences types that results in a change of performance/behavior in order to fit in a group, at construction crew/trade level and demonstrate how it can play role in the performance of crews/trades/subs particularly in their work plan reliability through two case studies. Then, inspired by social learning phenomenon, data envelopment analysis and SNA is combined to develop a procedure that can identify the improvement direction for the inefficient crews/trades/subs in a construction project. At the end, the research concentrates on the engineering aspects of the jobsite interdependencies by developing a simulation model, as a new educational version of Parade Game, that uses different variability levels and the corresponding costs at different work stations to investigate the relationship between the interdependencies and crews/trades’ variability/reliability.

Results demonstrate that the performance of construction crews/trades is under the influence of the social aspect of the interdependencies as well as the engineering aspect. They show that there is an association between influences a crew/trade/sub receives from the network and his/her performance. Results of case studies show that the subcontractors follow the performance norm in the project and their tendency to follow the norms of their neighborhood is higher than their willingness to follow the project norm. Parade Game simulation results also show that the production will enhance if the reliability increases and the investment made to improve reliability will return in most of the scenarios.

This research is significant and valuable as it looks at construction jobsite interdependencies from an exclusively analytical perspective, which has not been done previously. Previous research also did not investigate the social aspects of the construction crews/trades/subs interdependencies. Construction personnel at every level of management are constantly planning and trying to figure out how best to manage and coordinate the construction crews/trades/subs. A better understanding of the existing jobsite interdependencies will help project managers to control it through better planning and leadership, consequently increasing jobsite productivity.

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Saranovic, Filip. "Private international law aspects of freezing injunctions." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/270457.

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The Commercial Court in London is frequently dealing with applications for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their scope, let alone the need to identify and question the legitimacy of the justifications for their existence. Contrary to the traditional view, this thesis has identified equipage equality as the primary function of freezing injunctions. This recognition that freezing injunctions seek to establish a level-playing field in litigation has led the author to conclude that the current scope of the relief is excessively claimant-friendly and involves illegitimate interference with the sovereignty of foreign states. Taking into account the tactical reasons for seeking a freezing injunction, the author challenges the current interpretation of the substantive preconditions for granting the relief. Their current interpretation does not strike a fair balance between the interests of the parties. The author argues that these concerns are exacerbated by the current international scope of freezing injunctions due to the insufficient regard for the principles of public international law. The encroachment on the jurisdiction of foreign states undermines equipage equality by enabling claimants to make multiple applications for interim relief in respect of the same assets. In the light of the above, the author has sought to make a range of proposals to restrict the scope of freezing injunctions with the aim of bringing the relief in line with equipage equality.
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Whiteley, Diane Elizabeth. "A naturalistic justification for criminal punishment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0026/NQ34643.pdf.

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Gore, Sally 1979. "Premenstrual syndrome as a substantive criminal defence." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80923.

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It is now over twenty years since the criminal trials of two women caught the attention of the British media. Sandra Craddock (later Smith) and Christine English both raised a successful defence of diminished responsibility based on premenstrual syndrome to a murder charge. In these cases the Court of Appeal apparently determined that PMS is a factor that can limit criminal responsibility. Although this thesis concentrates on the situation as it exists in English law, many of its conclusions are equally relevant to other legal systems, particularly those in common law jurisdictions.
The issues that are likely to arise in a criminal trial in which a defendant wishes to base a substantive defence on premenstrual syndrome can be condensed into five central questions: (i) Does premenstrual syndrome exist at all? (ii) If so, does the defendant suffer from the condition? (iii) Did PMS cause or contribute to the defendant's actions? (iv) If the answer to (iii) is yes, should the act be excused? (v) If so, under what category of excuse? This thesis will discuss the way in which these questions might best be approached. (Abstract shortened by UMI.)
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Egnell, Robert. "The missing link : Civil-military aspects of effectiveness in complex irregular warfare." Doctoral thesis, Department of War Studies, King's College, London, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-146707.

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Stephens, Michael 1964. "The interface between education and social change efforts in civil society agencies /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33930.

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Social change strategies grounded in theory help change agents to be more effective in their efforts. This study attempts to make explicit the links between public education efforts and the social change goals of non-profit organizations through an examination of both radical humanist thought and various social change theories.
This thesis maintains that public education is an essential component of lasting change, serving eleven identifiable roles in the social change process. Of particular note, education can serve to challenge the dominant corporate paradigm and to develop an informed, critical, and more active citizenry. Education can also help create an environment conducive to achieving systemic changes. It is argued that civil society organizations are well situated to play a leading role in the creation of a more just and healthy society. Public education is proposed here as an approach that shows considerable promise to move us in that direction.
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Mills, Jared G. "Social studies and global education: viewing economic, social and political aspects of the civil war through multiple perspectives." The Ohio State University, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=osu1407404987.

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Karlidag-Dennis, Ecem. "Basic education and hegemony in Turkey : thinking on ideology, policymaking and civil society." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/49691/.

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This thesis is concerned with the latest education reform, called 4+4+4 (4+), and overall educational changes in the basic education system (K12) since 2002 by the governing Justice and Development Party (AKP). The study investigates the role that education plays in state formation processes as well as looking at how dominant groups’ ideologies influence education policies. The research problem is the extent to which the state uses education policies to create a new public ideology. There are three key research questions that this thesis addresses. The data for this research was obtained from fifteen semi-structured interviews conducted with teacher trade unions, journalists and policy makers, focusing on their experiences and views not only about the 4+4+4 education system but also about the policymaking process in Turkey. The interviews present the pressing issues within the education system and indicate how education works a state apparatus for the government to gain and secure society’s consent. Located in a critical tradition, the research draws its theoretical framework from the Italian theorist Antonio Gramsci, especially focusing on his concepts of hegemony, civil society and consent. Using a Gramscian theoretical framework allows this study to place the 4+ reform in a bigger picture. The thesis analyses the reform not only from a local perspective but also from an international education policy perspective, focusing on the relationship between power, ideology and schooling. The findings suggest that the state and its private associations (i.e. media, and political parties) are actively encouraging Islamisation along with neoliberalism in order to consolidate their hegemonic dominance.
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Books on the topic "Social aspects of Civil procedure"

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Umfang und Grenzen eines sozialen Zivilprozesses. Frankfurt am Main: P. Lang, 1994.

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Dinamarco, Cândido R. A instrumentalidade do processo. São Paulo, SP: Malheiros Editores, 2002.

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Dinamarco, Cândido R. A instrumentalidade do processo. São Paulo, SP: Malheiros Editores, 2008.

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Dinamarco, Cândido R. A instrumentalidade do processo. 2nd ed. São Paulo, SP, Brasil: Editora Revista dos Tribunais, 1990.

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Dinamarco, Cândido R. A instrumentalidade do processo. 3rd ed. São Paulo, SP: Malheiros Editores, 1993.

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Dinamarco, Cândido R. A instrumentalidade do processo. São Paulo, SP, Brasil: Editora Revista dos Tribunais, 1987.

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Purcell, Edward A. Litigation and inequality: Federal diversity jurisdiction in industrial America, 1870-1958. New York: Oxford University Press, 1992.

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F, Kressel Dorit, ed. Stack and sway: The new science of jury consulting. Boulder, Colo: Westview Press, 2004.

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F, Kressel Dorit, ed. Stack and sway: The new science of jury consulting. Boulder, Colo: Westview Press, 2002.

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Civil procedure: The economics of civil procedure. New York, N.Y: Foundation Press, 2003.

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Book chapters on the topic "Social aspects of Civil procedure"

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Kawashima, Shiro. "One Aspect of Civil Procedure Reform in Asia: Placing the Focus upon Vietnam." In Kobe University Monograph Series in Social Science Research, 101–29. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-6203-3_6.

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Taruffo, Michele. "Philosophy of Civil Procedure." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–5. Dordrecht: Springer Netherlands, 2018. http://dx.doi.org/10.1007/978-94-007-6730-0_354-1.

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Inchausti, Fernando Gascón. "Electronic Service of Documents National and International Aspects." In Electronic Technology and Civil Procedure, 137–80. Dordrecht: Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4072-3_8.

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Seckinelgin, Hakan. "Civil Society and Solidarity in the Politics of Global AIDS." In Social Aspects of HIV, 59–83. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-46013-0_4.

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Yulin, Fu. "Social Harmony at the Cost of Trust Crisis: Goals of Civil Justice in China." In Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems, 167–82. Cham: Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-03443-0_8.

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Inti, Sundeep, Megha Sharma, and Vivek Tandon. "Social Considerations in Selection of Sustainable Pavement Designs." In Pavement Materials and Associated Geotechnical Aspects of Civil Infrastructures, 83–97. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95759-3_7.

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Zaballa, Karenina, Gabriela Fernandez, Carol Maione, Norbert Bonnici, Jarai Carter, Domenico Vito, and Ming-Hsiang Tsou. "Social Response to COVID-19 SMART Dashboard: Proposal for Case Study." In Lecture Notes in Computer Science, 154–65. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-09593-1_12.

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AbstractThe COVID-19 pandemic took a toll on the world’s healthcare infrastructure as well as its social, economic, and psychological well-being. In particular, Italy’s unexpectedly high COVID-19 case and death rate from March to June, 2020, captured headlines due to its speed and virulence. Many governments are currently implementing measures to help contain and slow down the spread of COVID-19. The Social Response to Covid-19 Smart Dashboard was built by researchers at the Metabolism of Cities Living Lab, Center for Human Dynamics in the Mobile Age at San Diego State University and Politecnico di Milano. This dashboard provides an aggregated view of what people in 10 Italian metropolitan cities (Milan, Venice, Turin, Bologna, Florence, Rome, Naples, Bari, Palermo, and Cagliari) tweet during the pandemic by monitoring social media behaviors in the north, center, south, and islands. Moreover, the dashboard is a geo-targeted search tool for Twitter messages to monitor the diffusion of information and social behavior changes which provides an automatic procedure to help researchers to: associate tweets based on geography differences, filter noises such as removing redundant retweets and using machine learning methods to improve precisions, analyze social media data from a spatiotemporal perspective, and visualize social media data in various aspects such as weekly trends, top urls, top retweets, top mentions, and top hashtags. The Social Response to Covid-19 SMART Dashboard provides a useful tool for policy makers, city planners, research organizations, and health officials to monitor real-time societal perceptions using social media.
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"PERGAMON INTERNATIONAL LIBRARY of Science, Technology, Engineering and Social Studies." In Aspects of Civil Engineering Contract Procedure, i. Elsevier, 1985. http://dx.doi.org/10.1016/b978-0-08-031638-3.50001-4.

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"Critical Procedure." In A Guide to Civil Procedure, edited by Brooke Coleman, Suzette Malveaux, Portia Pedro, and Elizabeth Porter, 349–58. NYU Press, 2022. http://dx.doi.org/10.18574/nyu/9781479805938.003.0039.

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In previous work, the author described a hastening rush toward alternative dispute resolution (ADR) paired with a notable decline in mainstream scholarship critical of key aspects of ADR. He observed then that the ADR train had left the station and that critics of its impacts on societal “outsiders” were not welcome aboard. Writing during a “First Wave” of efficiency procedural reforms in the 1980s through mid-1990s, he asked whether this “ADR Express” undermined legal discourse and policy decisions critical of ADR’s overall efficacy. ADR’s overpowering salutary narrative, it appeared, tended especially to exclude, or at least overlook, those critical of ADR’s harmful effects on marginalized social groups. He cast these perceptions in preliminary fashion. Many have since materialized into procedural reality. This reality is integral to the larger “Second Wave” procedural changes that commenced around the mid-2000s and continue today. A spate of restrictive Supreme Court rulings sharply constricts court access and claim development. The consequences are startling. These cases block fair resolution of a wide range of potentially meritorious claims possessed by those of lesser societal stature or economic power. They erect for many an insurmountable threshold barrier to justice. Moreover, the combined procedural rulings undercut major businesses’ and institutions’ substantive legal liability and diminish their public accountability—undermining the rule of law.
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"Aspects of U.S. and French law." In On Civil Procedure, 109–21. Cambridge University Press, 2000. http://dx.doi.org/10.1017/cbo9780511549540.008.

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Conference papers on the topic "Social aspects of Civil procedure"

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Neimane, Kristine. "IMPACT OF THE SUPREME COURT’S CASE -LAW ON THE REALIZATION OF PROCEDURAL AND SUBSTANTIVE RIGHTS IN CIVIL PROCEDURE; SPECIFIC ASPECTS IN LATVIAN CIVIL PROCEDURE." In "Social Changes in the Global World". Универзитет „Гоце Делчев“ - Штип, 2022. http://dx.doi.org/10.46763/scgw22131n.

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Fekete, Gábor. "VIDEOCONFERENCE HEARINGS AFTER THE TIMES OF PANDEMIC." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18316.

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The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.
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Held, Mateja, and Kristina Perkov. "SPATIAL PLANNING IN THE EU AND CROATIA UNDER THE INFLUENCE OF COVID-19 PANDEMIC." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22445.

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Spatial planning is an interdisciplinary process dealing with practices of regulating and transforming the space, including experts from various fields such as lawyers, spatial and urban planners, geographers, civil engineers, economists, sociologists, etc. Spatial plans are general acts that arise due to the complex spatial planning process in which public participation is a necessary tool for transparent and legal procedure. They impact human rights due to their influence on a healthy environment, organization of life, quality of public services, green areas in the cities, etc. Spatial plans also deal with the economic aspect of investments, urban planning, and development of a particular territory. Cities are rapidly evolving and are characterized by density and overcrowded population, so the EU has a special interest in the adequate organization of the space. Consequences of the COVID- 19 pandemic have produced a need for a different land use regulation from the established one. New challenges for the Member State’s governments include regulation for the organization of life and everyday needs in 15 minutes’ walk areas (work, market, health care, school, kindergartens, public services, parks, etc.). Although the European Union does not have direct competence in spatial planning of each Member State, it has a strong influence on the Member States through regulations (for example, European Spatial Development Perspective, The New Leipzig Charter, etc. which provide a strong framework for good and sustainable urban governance) and practice, as well as through the financial support to the Member States. This paper has two main goals. The first aim of this paper is to analyse how the EU tries to overcome the consequences of the pandemic in the physical planning system (recommendations, guidelines, financial support, consulting, or others). We also aim to discover how the pandemic affected the process of adopting the spatial plans in the Member States on the example of Croatia in one case study. The paper is divided into several parts. After the introduction, the first part of the paper brings an overview of the spatial planning process in the EU and Croatia based on the analyses of the relevant EU and domestic regulations. Next part of the paper deals with the influence of the COVID-19 pandemic on the spatial planning at the EU level, and on the development and adoption of spatial plans in Croatia. This includes the duration of the process, restrictions, and new ways of public participation in the process of the development and adoption of spatial plans (for example online public presentations), the influence on economic development (investments in a building), social distancing, etc. Last part of the paper will contain a research of development and adoption of spatial plans under the influence of the COVID-19 pandemic. The paper concludes with particular suggestions for improving the Croatian situation based on the good practices of the EU.
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Nihiu, Agim, and Ferat Polisi. "SOME LEGAL ASPECTS OF THE JUDICIAL PROCEDURE FOR PROTECTION AGAINST DISCRIMINATION." In "Social Changes in the Global World". Универзитет „Гоце Делчев“ - Штип, 2021. http://dx.doi.org/10.46763/scgw211239n.

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Alpers, Sascha. "Integrating Ethical, Legal and Social Aspects into Common Procedure Models." In 12th International Conference on Computer Science and Information Technology (CCSIT 2022). Academy and Industry Research Collaboration Center (AIRCC), 2022. http://dx.doi.org/10.5121/csit.2022.121314.

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Many different procedure models can be applied to the management of software development projects. Such models also consider the ascertainment and management of requirements – based on very different agile or classic approaches. The framework provided in particular by ethical aspects, legal constraints and social technology design issues (ELSA or ELSI) is not explicitly addressed in procedure models, which is why approaches such as the IEEE Standard Model Process for Addressing Ethical Concerns during System Design (IEEE7000-2021) have been developed. However, the lack of explicit integration of these issues into common process models such as SCRUM or V-ModellXT implies a lack of necessary space for reflection on ELSA within development projects. The article discusses this problem and highlights possible solutions for further discourse.
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Габазов, Тимур Султанович, and Аминат Умаровна Бунтышева. "INSTITUTE OF ARBITRATION IN CIVIL PROCEDURE LAW." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Март 2021). Crossref, 2021. http://dx.doi.org/10.37539/vt190.2021.70.49.010.

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Статья посвящена институту третейского разбирательства. Рассматривается актуальность третейских судов в современном правовом пространстве. Раскрыты исторические аспекты развития третейских судов. Определены понятия «третейский суд» и «третейское разбирательство». Рассмотрена нормативно-правовая база функционирования третейских судов, способы образования третейского суда. Раскрыты особенности третейского судопроизводства, а также изучены преимущества и проблемы третейского судоустройства. The article is devoted to the institution of arbitration. The article considers the relevance of arbitration courts in the modern legal space. The historical aspects of the development of arbitration courts are revealed. The concepts of "arbitration court" and "arbitration proceedings" have been defined. The regulatory and legal framework for the functioning of arbitration courts, methods of formation of an arbitration court are considered. The features of arbitration proceedings are disclosed, as well as the advantages and problems of the arbitration court system are studied.
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Wang, Xiaomei, Andrew J. South, W. Spencer Guthrie, and Clifton Farnsworth. "Rebalancing Civil Engineering Education to Address Social Aspects of Sustainability." In 2022 Intermountain Engineering, Technology and Computing (IETC). IEEE, 2022. http://dx.doi.org/10.1109/ietc54973.2022.9796742.

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Stanković, Gordana. "NORMATIVE RESTRICTION OF THE RIGHT TO LEGAL PROTECTION IN THE CIVIL PROCEDURE." In "Social Changes in the Global World". Универзитет „Гоце Делчев“ - Штип, 2021. http://dx.doi.org/10.46763/scgw211285s.

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Militaru, Ioana Nely. "SOME ASPECTS ABOUT EXTINCTIVE PRESCRIPTION IN THE ROMANIAN CIVIL LAW." In 2nd International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2015. Stef92 Technology, 2015. http://dx.doi.org/10.5593/sgemsocial2015/b21/s5.087.

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Ivaschuk, Orest. "SOCIAL ASPECTS OF PROCESSING GEOLOGICAL AND TECHNOLOGICAL INFORMATION DURING THE EIA PROCEDURE." In 18th International Multidisciplinary Scientific GeoConference SGEM2018. Stef92 Technology, 2018. http://dx.doi.org/10.5593/sgem2018/2.2/s08.051.

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Reports on the topic "Social aspects of Civil procedure"

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VASYUKOV, O. G., V. M. BOLSHAKOVA, and P. YU NAUMOV. THEORETICAL AND PRACTICAL ASPECTS OF FORMING SOCIAL RESPONSIBILITY OF STATE CIVIL EMPLOYEES. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/978-0-615-67324-0-4-12.

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Target. Currently, the development of professional values and official behavior of civil servants are relevant for training personnel for the public authority system. One of the ways to form the personality of a civil servant who is a professional is to increase the real level of his social responsibility. The article is devoted to the study of the phenomenon of social responsibility of civil servants. Method or methodology of the work. The systematic, activity-based and axiological approaches were used as methodological principles in the work. The research methods were analysis and synthesis, movement from the general to the particular, comparison and analogy, movement from the abstract to the concrete, complex generalization and classification. Results. The main results of the study include the concretization of the concept of «social responsibility of civil servants», the identification of the essential properties of social responsibility, the determination of the features of its functioning, the formulation of urgent problems for further research in this aspect. Scope of the results. The scientific results of the article can be applied when conducting psychological and pedagogical research and organizing classes in educational institutions of higher education.
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LEONOV, T. M., V. M. BOLSHAKOVA, and P. YU NAUMOV. THEORETICAL AND LEGAL ASPECTS OF PROVIDING MEDICAL ASSISTANCE TO EMPLOYEES OF THE MILITARY PROSECUTOR’S OFFICE. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2576-9634-2021-5-4-12.

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The work is devoted to a comprehensive study of medical support, incl. sanatorium-resort treatment of employees of the military prosecutor’s office and members of their families (persons who are dependent on them). It is noted that health care is structurally included in services that, in addition to cash payments and benefits in kind, represent the entire social security system. The main attention in the article is focused on the analysis of the normative legal regulation of the health protection of employees of the military prosecutor’s office, as well as the provision of medical assistance to them (prophylactic medical examination, medical examination, military medical examination, medical and psychological rehabilitation, sanatorium treatment, reimbursement of expenses for drugs and treatment) of proper quality and in the required volume. The key scientific results of the study are the generalization of legal information and scientific knowledge about the procedure for providing medical assistance to employees of the military prosecutor’s office. The main scientific results of the article can be applied to organize training in the discipline «Military law and military legislation». The article will be of interest to persons conducting scientific research on the problems of social protection of servicemen and their families.
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JHA, Anil. ICIMOD Annual Report 2019. International Centre for Integrated Mountain Development (ICIMOD), 2020. http://dx.doi.org/10.53055/icimod.5.

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The stories in this annual report provide a summary of our accomplishments over the last year. They showcase key aspects of our work on multiple fronts – from working with communities, engaging policymakers, facilitating regional cooperation, promoting gender and social inclusion, and generating new knowledge and building capacity – to create positive change in the Hindu Kush Himalaya. The stories also highlight the range of partnerships, with governments and civil society, that make possible our work in the region.
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Haider, Huma. Political Settlements: The Case of Moldova. Institute of Development Studies, May 2022. http://dx.doi.org/10.19088/k4d.2022.065.

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The new elite in post-1991 independent Moldova gradually captured state institutions, while internal drivers of reforms have generally been weak. Civil society has had limited effectiveness; and the media is largely dominated by political and business circles (BTI, 2022). The Moldovan diaspora has emerged in recent years, however, as a powerful driver of reform. In addition, new political parties and politicians have in recent years focused on common social and economic problems, rather than exploiting identity and geopolitical cleavages. These two developments played a crucial role in the transformative changes in the presidential and parliamentary elections in 2020 and 2021, respectively.1 The new Moldovan leadership has experienced many challenges, however, in achieving justice and anti-corruption reforms—the primary components of their electoral platform—due to the persistence of rent-seeking and corruption in the justice sector (Minzarari, 2022). This rapid review examines literature—primarily academic and non-governmental organisation (NGO)-based—in relation to the political settlement of Moldova. It provides an overview of the political settlement framework and the political history of Moldova. It then draws on the literature to explore aspects of the social foundation and the power configuration in Moldova; and implications for governance and inclusive development. The report concludes with recommendations for government, domestic reformers, Moldovan society, and donors for improving inclusive governance and development in Moldova, identified throughout the literature. This report does not cover political settlement in relation to Transnistria.
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