Причинная связь в сложных ситуациях: уголовно-правовая наука и судебная практика
The article is devoted to non-ordinary cases of causation in criminal law. The author starts with the critical review of general theories and blames them for their ineffectiveness in dealing with specific cases connected with the multiplicity of causes, victim’s condition, intervention of other actors. All these cases are divided into three groups, namely ‘aggregate causality’, ‘atypical causality’ and ‘intervening causality’. With regard to each group there are formulated general rules of imputation of liability based primarily on idea of conditio sine qua non and limitation of liability. The author reveals the interaction between different modes of causation i.e. transformation of ‘aggregate causality’ into ‘intervening causality’. Review of case law allows to formulate clear rules of imputation of liability distilled from philosophical and theoretical overburdened constructs. With regard to various specific types of non-ordinary causation, there are proposed as possible different approaches based either on strict adherence to objective view on causation and limitation of liability as a consequence or on more flexible approach allowing imputation of liability in morally and socially blameworthy cases. Theory and practice of common law and continental law systems are also widely used as a supporting basis for some propositions. The article concludes with proposed general rule. However, this general rule may be subjected to further clarifications and exemptions. The author also urges not to try to elaborate in future the general theory of causation applicable to the whole body of criminal law. Instead it is expected development of special rules much needed in real practice.
The article focuses on the issues of systemacity in language, the category of causation, functioning of causatives of the informative-modificative class. In this article causation is examined from the perspective of functional approach, suggested by A. Bondarko. A verb of causative semantics is related to a more general class on the basis of its essential properties. In the centre of our attention is a lexical causative of interpersonal semantics which is the core of the functional-semantic field of causation.
The article examines an abstract model of assignment of claims in comparison with causal one. The authors analyze strong and weak points of both systems and come to a conclusion that the abstract system of transfer is preferable.
This work is devoted to the creation of an information-analytical system for identifying causal relationships between events recorded in the IT infrastructure. The purpose of such a system is to increase the efficiency of support engineers by identifying possible causes of events, thereby reasonably directing the search and investigation of events, incidents and problems. The paper shows the use of templates as a way of primary classification of events, without revealing the semantics / meaning of the event. Extracting templates from raw records is a preprocessing step. For the purpose of extracting templates, a template engine was developed that automates this process. The claimed system is implemented using open, free, well-established tools, such as the Rsyslog logging server and the developed application software - Tabler.
In their 2010 book, Biology’s First Law, D. McShea and R. Brandon present a principle that they call “ZFEL,” the zero force evolutionary law. ZFEL says (roughly) that when there are no evolutionary forces acting on a population, the population’s complexity (i.e., how diverse its member organisms are) will increase. Here we develop criticisms of ZFEL and describe a different law of evolution; it says that diversity and complexity do not change when there are no evolutionary causes.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/