67 research outputs found

    Standard constitutional catalog of principles of judicial authority in the CIS countries

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    The present paper presents the results of a comparative legal analysis of constitutions of the CIS member states in order to identify a standard catalog of judicial power principles in them, considering their interpretation as a set of fundamental principles determining the institutional and procedural aspects of judicial powe

    Mediation as an alternative dispute resolution: world experience

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    The present paper is devoted to the application of mediation as an alternative dispute resolution procedure. It defines features of the legal regulation of mediation procedures in different countries and legal systems, such as United States, European Union, China, and Russian Federation. In addition, the main principles of mediation and their implementation in different legal systems are analyzed in this pape

    Humanitarian context of the principles of the judiciary in the constitutions of the countries of Eastern Europe

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    The article is devoted to the comparative analysis of norms of the constitutions of the countries of Eastern Europe in connection with the identification in them of the principles of the judiciary, enshrined in the special sections on the rights and freedoms of man and citize

    Educating the Principles of Judiciary in Eastern Europe

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    The study subject in this article is aims to educate the concepts of judiciary principles in Eastern eroup. We substantiated the conclusion on constitutional structuring of the formalization of judiciary principles in the sections devoted to the state foundations (constitutional system); human and civil rights and freedoms; judiciary; higher judicial authorities (usually the constitutional court). A comparative legal study of the norms of special sections on judiciary contained in the constitutions of Eastern European countries allowed the author forming a list of principles that organize and constitute the basis of activity of this kind of judiciary; identify the specific nature of their consolidation; present quantitative and qualitative features of the declared fundamental principles

    Educar los principios del poder judicial en Europa del Este

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    The study subject in this article is aims to educate the concepts of judiciary principles in Eastern eroup. We substantiated the conclusion on constitutional structuring of the formalization of judiciary principles in the sections devoted to the state foundations (constitutional system); human and civil rights and freedoms; judiciary; higher judicial authorities (usually the constitutional court). A comparative legal study of the norms of special sections on judiciary contained in the constitutions of Eastern European countries allowed the author forming a list of principles that organize and constitute the basis of activity of this kind of judiciary; identify the specific nature of their consolidation; present quantitative and qualitative features of the declared fundamental principles.El tema de estudio en este artículo tiene como objetivo educar los conceptos de los principios judiciales en el grupo oriental. Verificamos la conclusión sobre la estructuración constitucional de la formalización de los principios judiciales en las secciones dedicadas a las fundaciones estatales (sistema constitucional); derechos y libertades humanos y civiles; judicial; autoridades judiciales superiores (generalmente el tribunal constitucional). Un estudio jurídico comparativo de las normas de secciones especiales sobre el poder judicial contenidas en las constituciones de los países de Europa del Este permitió al autor formar una lista de principios que organizan y constituyen la base de la actividad de este tipo de poder judicial; identificar la naturaleza específica de su consolidación; Presentar características cuantitativas y cualitativas de los principios fundamentales declarados

    STANDARD CONSTITUTIONAL CATALOG OF PRINCIPLES OF JUDICIAL AUTHORITY IN THE CIS COUNTRIES

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    Purpose of Study: The present paper presents the results of a comparative legal analysis of constitutions of the CIS-member states in order to identify a standard catalog of judicial power principles in them, considering their interpretation as a set of fundamental principles determining the institutional and procedural aspects of judicial power. There is a lack of unity in the institutional and procedural aspects of the considered fundamental ideas together with a unified approach to the formation of a principles catalog for the judiciary in the focus group of constitutions. Methodology: The present study was based on a rational approach to the disclosure of legal phenomena and processes, using general (system, logical, analysis and synthesis) scientific and private scientific methods. Among the latter are the formal legal, linguistic legal, comparative legal, collectively used to identify the judiciary principles. Results: The identified standard list of constitutional principles of the judiciary in the CIS countries is presented. It includes the justice administration only by the court, organization legality and judiciary activities, prohibition of creation of emergency courts, independence, interaction, inadmissibility of interference with judiciary implementation, openness, competitiveness and equality of the parties, the state language of legal proceedings, cooperation and unity of procedure, court decisions, and state funding of courts Implications/Applications: The comparative legal analysis, with a unified approach to the formation of the list of principles of the judiciary in the focus group of Constitutions, the lack of unity in institutional and procedural aspects of the fundamental ideas can be still stated. We believe that this discrepancy mediates the integration of the considered principles in the judiciary’s framework

    Constitutional principles of judiciary: peculiarities of formalization in the CIS countries

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    The modern principles of judiciary, being an integrative consttutional-theoretical category, are the object of scientific research from the point of view of a meaningful interpretation, as well as the specific nature of formalization, including its the comparative legal aspect. In this regard, the research subject of this article is represented by the norms of the constitutions of the member states of the Commonwealth of Independent States. The article presents the analysis results, which allowed us identifying the nonstandard approaches to consolidate the constitutional principles of the judiciary in the focus group of act

    Evolution of the Reactor Antineutrino Flux and Spectrum at Daya Bay

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    The Daya Bay experiment has observed correlations between reactor core fuel evolution and changes in the reactor antineutrino flux and energy spectrum. Four antineutrino detectors in two experimental halls were used to identify 2.2 million inverse beta decays (IBDs) over 1230 days spanning multiple fuel cycles for each of six 2.9 GWth_{\textrm{th}} reactor cores at the Daya Bay and Ling Ao nuclear power plants. Using detector data spanning effective 239^{239}Pu fission fractions, F239F_{239}, from 0.25 to 0.35, Daya Bay measures an average IBD yield, σˉf\bar{\sigma}_f, of (5.90±0.13)×1043(5.90 \pm 0.13) \times 10^{-43} cm2^2/fission and a fuel-dependent variation in the IBD yield, dσf/dF239d\sigma_f/dF_{239}, of (1.86±0.18)×1043(-1.86 \pm 0.18) \times 10^{-43} cm2^2/fission. This observation rejects the hypothesis of a constant antineutrino flux as a function of the 239^{239}Pu fission fraction at 10 standard deviations. The variation in IBD yield was found to be energy-dependent, rejecting the hypothesis of a constant antineutrino energy spectrum at 5.1 standard deviations. While measurements of the evolution in the IBD spectrum show general agreement with predictions from recent reactor models, the measured evolution in total IBD yield disagrees with recent predictions at 3.1σ\sigma. This discrepancy indicates that an overall deficit in measured flux with respect to predictions does not result from equal fractional deficits from the primary fission isotopes 235^{235}U, 239^{239}Pu, 238^{238}U, and 241^{241}Pu. Based on measured IBD yield variations, yields of (6.17±0.17)(6.17 \pm 0.17) and (4.27±0.26)×1043(4.27 \pm 0.26) \times 10^{-43} cm2^2/fission have been determined for the two dominant fission parent isotopes 235^{235}U and 239^{239}Pu. A 7.8% discrepancy between the observed and predicted 235^{235}U yield suggests that this isotope may be the primary contributor to the reactor antineutrino anomaly.Comment: 7 pages, 5 figure

    Improved Measurement of the Reactor Antineutrino Flux and Spectrum at Daya Bay

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    A new measurement of the reactor antineutrino flux and energy spectrum by the Daya Bay reactor neutrino experiment is reported. The antineutrinos were generated by six 2.9~GWth_{\mathrm{th}} nuclear reactors and detected by eight antineutrino detectors deployed in two near (560~m and 600~m flux-weighted baselines) and one far (1640~m flux-weighted baseline) underground experimental halls. With 621 days of data, more than 1.2 million inverse beta decay (IBD) candidates were detected. The IBD yield in the eight detectors was measured, and the ratio of measured to predicted flux was found to be 0.946±0.0200.946\pm0.020 (0.992±0.0210.992\pm0.021) for the Huber+Mueller (ILL+Vogel) model. A 2.9~σ\sigma deviation was found in the measured IBD positron energy spectrum compared to the predictions. In particular, an excess of events in the region of 4-6~MeV was found in the measured spectrum, with a local significance of 4.4~σ\sigma. A reactor antineutrino spectrum weighted by the IBD cross section is extracted for model-independent predictions.Comment: version published in Chinese Physics
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