Abweichender Aufteilungsschlüssel nach § 19 WEG 1975 – Übergangsrecht zum 3. WÄG

Nach stRsp bezieht sich die Rückwirkung eines Gesetzes nur auf jene Tatbest?nde, für die sie ausdrücklich ausgesprochen wird. Das übergangsrecht des 3. W?G h?lt am Grundsatz fest, dass neues Recht (hier: nach § 19 Abs 2 WEG 1975 einstimmig schriftlich zu vereinbarender, vom Anteilsverh?ltnis abweichender Aufteilungsschlüssel der Liftkosten) nicht auf Sachverhalte anzuwenden ist, die vor Inkrafttreten der neuen Bestimmung endgültig und abschlie?end verwirklicht worden sind (hier: Mehrheitsvereinbarung der Wohnungseigentümer gem § 19 Abs 1 Z 1 WEG 1975 idF § 56 Z 2 MRG). Auch § 56 Abs 9 WEG 2002 ?ndert nichts daran, dass die seinerzeit von den Wohnungseigentümern geschlossene Mehrheitsvereinbarung nach § 19 Abs 1 Z 1 WEG 1975 weiterhin wirksam bleibt.     

Lockdown labs: Pivoting to remote learning in forensic science higher education

Forensic Science training and education is reliant on the application of knowledge to casework scenarios and the development of key practical skills that provide a platform for career development in the field. The COVID-19 pandemic introduced a number of challenges to effectively deliver practical content online and remotely, whilst still meeting intended learning outcomes, accreditation requirements, and attaining a high level of student engagement and experience. The MSc Forensic Science programme featured in this study is a one-year degree programme with a strong emphasis on the practical elements of forensic science, and a diverse international student cohort. Therefore, the restrictions associated with the pandemic made it very difficult not only to plan the delivery of material but also to adapt the content itself for effective online and remote learning.By focusing on the intended learning outcomes, a number of innovative teaching practices were developed to successfully transition from face-to-face teaching to online and remote delivery. A range of online and practical resources were developed, including a laboratory home kit, demonstration videos, online practical technique simulations (produced by Learning Science), data analysis tasks, and interactive workshops and activities, all designed to consolidate student learning and build confidence, in preparation for such a time that on campus practical teaching could resume. The initial feedback received from these activities from both staff and students was extremely positive and the transition from classroom to online teaching was a success, as reflected in student attainment and later student feedback. Students reported that they had a better understanding of what was expected of them, including knowledge of protocols and techniques, and felt much more confident moving into the next stage of their learning development. Even though the practical laboratory sessions were the most significantly affected by the restrictions associated with the pandemic, and resulted in reduced interaction for the students, this was counteracted by virtual sessions and workshops, which gave students the opportunity to engage with each other and communicate their thoughts and opinions, ultimately building key presentation and group working skills.This case study will detail the pivot to remote learning, as well as critically evaluating the feedback from students and discussing the changes that are likely to be retained as longer-term teaching practices, versus those that were a necessary temporary addition or adjustment in response to the pandemic.     

Forensic examination of security features of the CDC-issued COVID-19 vaccination card and suggested improvements to minimize counterfeiting

During the COVID-19 pandemic, the United States released the CDC-issued vaccination card to document the status of immunizations. It eventually was used as a verification system to allow patrons to safely access public venues. This is/was apparently a simple printed piece of paper with minimal security features which made it an easy target for counterfeiters with little expertise required. Those unvaccinated who wished to enter areas that required proof of the COVID-19 vaccine were soon finding alternative illegal methods to do so which led to public health concerns. This research was divided into two parts. Part A aimed to forensically identify the security features with a video spectral comparator and a stereomicroscope. Ten “known” blank cards were collected directly from dispensaries that administered the vaccine and 68 “unknowns” from individuals who received the COVID-19 vaccine. Part B aimed to evaluate the authentication systems employed by countries outside the United States to propose a model on how the vaccination card could be improved and what security features should be included for future instances requiring proof of immunization. The results revealed the CDC document was produced with minimal security features making the document prone to counterfeiting. Furthermore, based on the information collected from other countries' vaccination certificates, it is recommended to develop a dual authentication system, with digital and printable aspects, that contains a QR code linked to a database. Other security features may include a non-optical brightener substrate, security fibers, a watermarked logo, offset printing, and a geographical color-coded system.     

Radical Islam and the struggle for influence in Central Asia

The threat of an Iranian‐style Islamic takeover of the newly independent states of Central Asia is currently more of a potential than actual threat to the secular rulers of these countries. Nonetheless, economic, environmental and nationality problems render these rulers vulnerable to a future Islamic potential challenge. The threat of Islam has been used by local leaders to justify dictatorships and intervene in neighboring countries, while foreign governments, such as Turkey and Israel, have sought to exploit the threat of Islam in Central Asia to strengthen their support from the United States. By contrast, Iran has downplayed the Islamic factor in its foreign policy toward these new republics and as a result has enhanced its relationship with Russia, which seeks to establish its hegemony over the region.     

中国朝鲜族H19基因上游差异甲基化区SNP分布

目的调查中国朝鲜族群体中H19基因上游差异甲基化区(differentially methylated region,DMR)SNP及单倍型分布,为法医学应用及群体遗传学研究提供基础数据。方法收集中国朝鲜族101份无关个体血样和14份来自5个亲缘关系已知的两代家系血样,用PCR-循环测序、McrBC消化DNA后PCR方法检测H19基因上游DMR的SNP,并用亲源印记等位基因(parentally imprinted allele,PIA)分型法进行单倍型检测,再计算相关遗传学参数。结果在H19基因上游DMR 1174bp的目的基因扩增产物中,共检出13个SNP(rs10840167、rs2525883、rs12417375、rs4930101、rs2525882、rs2735970、rs2735971、rs11042170、rs2735972、rs10732516、rs2071094、rs2107425、rs4930098)和5种单倍型,有9个SNP属于高鉴别能力的遗传标记,其单倍型具有较高的个人识别率,单倍型平均基因多样性(GD)为0.714。应用McrBC酶消化基因组DNA的PIA分型法确定了家系子代样本的母源单倍型。结论 H19基因上游DMR在中国朝鲜族群体中具有很高的遗传多态性,母源单倍型的确定进一步提高了印记基因的法医学鉴定效能。     

Genotype profile for fifteen tetranucleotide repeat loci in two Tibeto-Burman speaking tribal populations of Arunachal Pradesh, India

POPULATION: Two Tibeto-Burman-speaking Adi tribal populations of Arunachal Pradesh, India, Adi Pasi ( n =121) from Upper Siang district, and Adi Minyong ( n =33) from East Siang district were analyzed for polymorphisms at 15 microsatellite loci. The populations belong to Mongoloid ethnicity and are of special significance in genetic studies due to their small population size, relative isolation in remote hilly areas, and traditional subsistence patterns.     

Allele frequency distribution based on 17 STR markers in three major Dravidian linguistic populations of Andhra Pradesh, India

Allele frequencies for 15 tetranucleotides and 2 pentanucleotides repeat loci were determined in 317 unrelated, healthy individuals of Andhra Pradesh, India, belonging to three pre-dominant endogamous populations namely, Kappu Naidu, Kamma Chaudhary and Kapu Reddy. Adherence to the expectations of the Hardy-Weinberg equilibrium (HWE) was confirmed for all loci with few exceptions, which were not significant after applying Bonferroni's correction. Statistical parameters of forensic interest; observed heterozygosity, probability of homozygosity, probability of extact test, power of discrimination, match probability, polymorphism information content, power of exclusion and mean paternity index were determined for all loci. The present study reveals that Penta E and D2S1338 are the most informative loci in all the studied populations. The combined power of discrimination was greater than 0.976, whereas the cumulative power of exclusion gave an expected value of 0.9999 for all the tested microsatellite loci. No difference was observed in the discriminatory power of 15 loci in studied populations on comparison with other populations of India. Population differentiation tests revealed significant differences between the studied and neighboring populations at several loci. Analyzed parameters indicate the utility and efficacy of the studied 17 STR systems as a powerful tool in forensic human identification, paternity testing and human population genetic studies.     

新时代完善我国宪法实施监督制度的新思考

健全宪法实施与监督制度是实现依宪治国的关键。宪法的实施首先是政治实施,宪法的法律实施也主要强调的是宪法对部门法实施的根本依据,而并非在司法判决中具体直接适用。宪法司法化并不是我国完善宪法实施与监督制度的应然路径。全国人民代表大会及其常务委员会是我国宪法实施与监督的机关,应该予以坚持。党的十九大报告指出,要完善合宪性审查,这意味着应加快在全国全国人民代表大会内部进行完善宪法实施与监督的专门机构的建设。     

COVID-19 and Historical Global Rupture in Latin America

This article contrasts two significant ruptures in globalisation. World War I in 1914 was a significant break from the Latin American export-oriented development that was firmly connected to economic globalisation. This article uses the Argentine case study to reveal the ramifications of the post-1914 global breakdown for the republic's internationally dependent development. It draws comparisons with the current COVID-19 crisis as a significant departure from rapid globalisation. Both events altered the trajectory of international activity. Analysis of the 1914 rupture exposes the parallels with COVID-19 and its potential severity for Latin America's internationally connected development.     

新冠疫情背景下妨害传染病防治罪的解释扩张及其回归

新型冠状病毒肺炎疫情中的法律规范适用带来新视角与新问题,在超越可容忍的社会相当性且有刑事可罚追究必要的场合,我国刑法中妨害传染病防治罪的规范适用值得关注。该罪的对象被限定为"甲类传染病",本次新冠肺炎被列为"乙类传染病",从而该罪存在适用上的瓶颈。司法解释的渐进扩张具有唤醒妨害传染病防治罪和注重公共卫生安全法益保护的一面,但是选取的方式难以与刑事法治相契合。为了更好地实现刑法参与社会治理的功能需求,应当对妨害传染病防治罪采取"立法类型化调整、司法解释适度限制"的组合路径,使刑法规范的社会适应性与刑罚处罚的有限性相融合。