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DEJTONSKE KONTROVERZE – JAVNO ODLUČIVANJE IZMEĐU PARLAMENTARNE DEMOKRATIJE I PARTITOKRATIJE

DEJTONSKE KONTROVERZE – JAVNO ODLUČIVANJE IZMEĐU PARLAMENTARNE DEMOKRATIJE I PARTITOKRATIJE

Author(s): Emir Tahirović,Ermin Kuka / Language(s): Bosnian,Croatian,Serbian Issue: 6/2021

In Bosnia and Herzegovina, the pluralization of society and the state began during 1990. This is the time when political parties are formed and the first multi-party parliamentary elections are held. Due to the strong influence and domination of the ethnic principle, political parties were formed in Bosnia and Herzegovina in 1990 in two basic forms: as ethnic or people's (national) parties, and as civic (multiethnic) parties. In almost all election cycles from the beginning of the pluralization of Bosnian society until today, ethnic political parties have won the elections. Ethnic political parties have appropriated a monopoly in the promotion of national interests since the 1990 election campaign, guided by the idea of protecting the national interests of “their“ peoples. The continued rule of ethnic parties without a coalition political agenda and agreement has strengthened ethnic pluralism in Bosnia and Herzegovina. Thus, instead of democratic decision-making and competition between the majority and the opposition, the representative bodies in Bosnia and Herzegovina have become an arena and a place of mutual competition and confrontation between the parties that make up the parliamentary majority. The lack of the necessary democratic consensus between the ruling ethnic political parties at the state level was compensated and compensated by the High Representative of the International Community (OHR), who, on the basis of the Bonn powers, promulgated certain laws. Hundreds of laws in Bosnia and Herzegovina have been promulgated by high representatives. This prevented blockages in the work of the Parliamentary Assembly of Bosnia and Herzegovina. In the absence of the necessary consensus of the ruling ethnic parties, it is not possible to develop or strengthen the power of parliaments as the highest representative body of the people and citizens of Bosnia and Herzegovina. Instead of parliamentary democracy, classical partitocracy is at work. The situation is similar at the entity level, and at the cantonal level in the Federation of Bosnia and Herzegovina entity. All this, along with heterogeneous and complicated decision-making procedures and processes, ultimately reflects on the adoption of laws and decisions of importance to society and the state. Complicated forms of decision-making and the existence of a famous mechanism for the protection of vital national interests are some of the obstacles to the development of the state and society. All of these are some of the essential problems, but also the controversies that follow the decision-making processes in the representative bodies in the country. This is especially true of the adoption of important and significant public policies aimed at solving socio-political problems. Only decision-making at the level of local self-government units (municipalities and cities) can serve as a positive example. In general, the local level of government has so far proved to be the most efficient level of government in Bosnia and Herzegovina. The basis for strengthening the democratic decision-making capacities of the representative bodies of the state of Bosnia and Herzegovina is contained in the application of the democratic principle on which parliamentary democracy is established and functions. Applying almost all basic and general scientific research methods, as well as the method of analysis (content) of relevant documentation as a method of data acquisition, will identify key problems and controversies of public decision-making and policy making in Bosnia and Herzegovina, in the period after the Dayton Peace Agreement. today. A conclusion will be drawn on the need to establish a parliamentary majority based on the coalition agreement and the political program of that coalition, which significantly affects the public decision-making processes and the adoption of the necessary state public policy. Bosnia and Herzegovina is required to reconstruct public decisions in the direction of strengthening state public decisions and policies and building European standards, in order to more efficiently compose them with the requirements and directives of the European Union.

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Review of the Book “Etică și dezvoltare comunitară” [Ethics and Community Development], Author: Ana Caras, Lumen Publishing House, 2016

Review of the Book “Etică și dezvoltare comunitară” [Ethics and Community Development], Author: Ana Caras, Lumen Publishing House, 2016

Author(s): Loredana Terec-Vlad / Language(s): English Issue: 2/2020

The book “Etică și dezvoltare comunitară” [Ethics and community development] by Ana Caras, published by Lumen Publishing House from Iași, Romania, in 2016, brings to the forefront a new perspective on development at the community level. The ethical approach of the paper that was the basis of this volume comes to complete the anthropological perspective and the aim is to evaluate the “effectiveness of the community development program” (Caras, 2016). As projects that take place at the rural level must have an ethical basis, the author emphasizes a number of elements aimed at responsibility, supporting the specific cultural element and the training of the community leaders and members.

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Dezvoltarea Mecanismelor InternaţIonale de Securitate în Lupta împotriva Terorismului (En)

Dezvoltarea Mecanismelor InternaţIonale de Securitate în Lupta împotriva Terorismului (En)

Author(s): Delia-Mihaela Marinescu / Language(s): English Issue: 48/2021

The analysis of viable international mechanisms that are used in the fight against terrorism is related to understanding the significance of the terrorist phenomenon, in its essential aspects, especially since its criminal effects are beginning to be felt daily in various countries on all continents, showing a new face. of terrorism based on elements of action, knowledge and organization of high technical-scientific, technological, logistical and military level, which use the most modern means of communication, military equipment and fighters trained and psychologically prepared for the missions they have to fulfill.The objective of scientific research is related to the presentation of international security mechanisms based on legal instruments, with the presentation of those developed by the League of Nations and the UN, but also of European and national instruments to combat terrorism, exposing the importance of Romania’s role in the International Court against Terrorism. , the article presents aspects related to the effort of the international community to identify the legislative ways to fight terrorism, given that it is a complex phenomenon that is constantly diversifying.

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Exploring Existing and Potential Normative Solutions for an EU-Wide Legal Framework for Security of Information in the Context of Defence and Security Procurement

Exploring Existing and Potential Normative Solutions for an EU-Wide Legal Framework for Security of Information in the Context of Defence and Security Procurement

Author(s): Simion-Adrian Purza / Language(s): English Issue: 2/2021

In the current international environment, an effective implementation of national security objectives is to a great extent dependant on the ability of national governments to ensure the highest possible degree of confidentiality to information used in strategical, as well as tactical decisions. Ensuring security of information has been a conundrum for all international organisations seeking to reach varying degrees of coordination, cooperation or integration. As the most ambitious of all, thus far, the EU has raised the bar even higher, especially in terms of desired cooperation in defence and security, where the drive for integrated defence procurement takes centre stage. Consequently, the issue of sharing (classified) information between the Member States and their relevant authorities is of fundamental importance. Against this backdrop, this paper seeks to identify potential regulatory solutions for the management of classified information that would effectively contribute to the final objective of integrating defence and security procurement, as envisaged by the Defence Procurement Directive 2009/81/EC. An essential prerequisite in this respect is to determine what legal solutions could better serve this purpose, starting from normative instruments already implemented at various levels in the EU institutional mechanism. To this end, the paper is based on a two-phased theoretical approach: (1) the material segment – the characteristics of an effective integrated system for security of information (within the scope of defence procurement integration) and (2) the procedural segment – how to apply a potential solution at EU level (by what means). Ancillary research questions are aimed, first, at understanding the current state of play of the EU regulatory framework pertaining to handling classified information, in terms of granting security clearances to both individuals and legal persons (private, as well as public).

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Cyberspace, the Final Frontier? Concluding and Performing Agreements. Unfair Terms in B2B Adhesion Contracts

Cyberspace, the Final Frontier? Concluding and Performing Agreements. Unfair Terms in B2B Adhesion Contracts

Author(s): Carmen Tamara Ungureanu / Language(s): English Issue: 4/2021

If a few years ago the virtual space was a „place” considered exotic for concluding contracts, now it is a common practice. The vast majority of contracts can be concluded online and most of them are adhesion contracts. Adhesion contracts (take-it-or-leave-it) are a consequence of trade modernization and are absolutely necessary. Nevertheless, they carry their own special risks, no matter the adherent’s quality, that of a consumer or a professional. One of the risks is that of acceptance by the adherent of unfair terms imposed by the other contractual party. We will not discuss the unfair terms in consumer contracts, but those embedded in B2B contracts. Starting from the relatively recent legislative changes in European law and the laws of certain member states (Germany and France in particular) we will show that the current trend is to sanction abusive clauses/unfair terms in adhesion contracts, irrespective of the contract type, B2C or B2B.

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Perspective curente de semnare a contractelor online în dreptul comparat

Perspective curente de semnare a contractelor online în dreptul comparat

Author(s): Andreea-Luminița Buțureanu-Cărpușor / Language(s): Romanian Issue: 4/2021

The possibility of signing contracts electronically is a widespread practice long before the onset of the global COVID-19 pandemic and continues to facilitate relations between the parties, the provision of services and the making of profits. Despite the possibility of fraudulent signing of contracts, online conclusion brings important benefits in reducing bureaucracy and for international trade relations. This paper aims to delimit the specifics of signing online contracts in Romania and the United Kingdom. The purpose of this comparative approach is both to highlight the opportunities offered by current legislation and to identify potential local legislative improvements in relation to British legislation. In the first part, we discuss the legislation of our country and the types of contracts that are suitable for signing online. In the second part, we question the signing of online contracts in the UK.

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O nowej teorii prawa naturalnego, małżeństwie i  wolności religii

O nowej teorii prawa naturalnego, małżeństwie i wolności religii

Author(s): Krzysztof Motyka / Language(s): Polish Issue: 24/2021

This article has been written in connection with the Polish edition of the book What Is Marriage? Man and Woman: A Defense by three American representatives of the New Natural Law theory/school: Sherif Girgis, Ryan T. Anderson, and Robert P. George. In the first part, the article introduces the authors of the book as well as their theory/school and its position on marriage as a basic good. Then it discusses the case law of the US Supreme Court relating to same-sex marriage, including the role of the right to privacy in this regard. Particular attention has been paid to the decision of this court in the case of Obergefell v. Hodges, and especially its aspects relating to the freedom of religion that have previously received little attention in Polish literature on the subject. The article ends with a brief overview of several post-Obergefell cases related to same-sex marriage and freedom of religion, including the very recent case of Fulton v. Philadelphia.

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Czy miesięcznice smoleńskie były uroczystościami religijnymi? Prawo a polska kultura religijna

Czy miesięcznice smoleńskie były uroczystościami religijnymi? Prawo a polska kultura religijna

Author(s): Zbigniew Pasek / Language(s): Polish Issue: 24/2021

Drawing on the example of the conflicts around the monthly Smolensk commemorations in 2017, the article discusses the issue of taking into account the tradition of Polish religious culture in cases pursued under article 196 of the Penal Code. Using the rule of cultural defense as an analogy, the Author recalls the historical roots of traditional Polish religiosity whose main features crystallized in the baroque (Sarmatism) era. One of the most important features of this religiosity is the close connection between religion and politics. The lack of statehood in the period of partitions and during the communist times enhanced, in a similar way to the diasporic culture of Judaism, the interconnections between religion and secular spheres of life. The Author suggests taking into account the cultural factor when analyzing cases pertaining to offending religious feelings that arise nowadays as the dominant character of traditional religious culture is being undermined. The clash between traditional culture and the liberal and leftist heritage of the Enlightenment (which determines contemporary Polish legal culture) has led to growing divergences in the symbolic sensitivity and perception of the axiological foundations of the State. The preamble to the 1997 Constitution illustrates these divergences well.

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Zawarcie małżeństwa kanonicznego i cywilnego w prawie hiszpańskim – zarys perspektywy historycznej

Zawarcie małżeństwa kanonicznego i cywilnego w prawie hiszpańskim – zarys perspektywy historycznej

Author(s): Piotr Ryguła / Language(s): Polish Issue: 24/2021

The present paper focuses on the possibilities of contracting a canonical and civil marriage in Spain in the period from the rule of the Catholic Monarchs, Isabella and Ferdinand, to the present-day constitutional monarchy. The analysis begins with a discussion of the possibilities of contracting a canonical marriage in the Catholic Habsburg Monarchy. The second historical period examined in the paper is the First Spanish Republic, when the legislator, laying foundations of a civil state, attempted to introduce the institution of civil marriage to Spanish law for the first time. When it comes to the subsequent three historical periods, the Bourbon Restoration, the Second Spanish Republic, and General Franco’s Spain, the paper analyses the regulations that either enabled or limited the possibility to contract a canonical and civil marriage. A careful reader will notice that those regulations were not created from the perspective of the right to contract a marriage, which corresponds to a specific person’s convictions (the perspective of private law), but from the dynamically changing perspective of state-church relations in the political system (the perspective of public law). That approach was abandoned by the Spanish legislator only in the times of the present-day constitutional monarchy.

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Mechanizm limitacji prawa do wolności uzewnętrzniania przekonań religijnych w międzynarodowym systemie ochrony praw człowieka ze szczególnym uwzględnieniem kontekstu europejskiego

Mechanizm limitacji prawa do wolności uzewnętrzniania przekonań religijnych w międzynarodowym systemie ochrony praw człowieka ze szczególnym uwzględnieniem kontekstu europejskiego

Author(s): Maciej Kubala / Language(s): Polish Issue: 24/2021

Article 18 of the Universal Declaration of Human Rights provides that the right to the freedom of thought, conscience and religion (along with the freedom to change one’s religion or belief) includes the right to manifest religious beliefs. In the international system of human rights protection built after the Second World War, the aim of the Declaration was to proclaim human rights as an international standard and consequently, to define the notion of human rights as used in the United Nations Charter. In parallel to Article 18 of the Declaration, the right to the freedom to manifest religious beliefs is recognized by Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 18 of the International Covenant on Civil and Political Rights and Article 10 of the Charter of Fundamental Rights of the European Union – treaties concerning human rights, important for the European understanding of the standard of protection of the right to manifest religion or beliefs on the transnational and regional level. The second paragraphs of the Convention and the Covenant contain limitation clauses that permit the limitation of the freedom to manifest religious beliefs. The Charter draws – though not without reservations – from the Convention’s protected rights, including limitation mechanisms. The analysis presented in this paper is conducted using the legal dogmatic method. In order to contribute to a better understanding of the practical and legal consequences of the implementation of the theoretical assumptions of the limitation clauses in the treaty provisions protecting the freedom to manifest religious beliefs, which are important from the European perspective, the author discusses the relevant provisions of the Convention, the Covenant and the Charter and analyzes the conditions of legal admissibility of limiting the right to manifest religious beliefs under the international instruments under discussion.

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FİKRİ MÜLKİYET HAKLARININ YAZILIM SEKTÖRÜ AÇISINDAN DEĞERLENDİRİLMESİ: USEDSOFT VE VERİSİL DAVALARI

FİKRİ MÜLKİYET HAKLARININ YAZILIM SEKTÖRÜ AÇISINDAN DEĞERLENDİRİLMESİ: USEDSOFT VE VERİSİL DAVALARI

Author(s): Dilek Karaman,Muhammet Damar / Language(s): Turkish Issue: 24/2021

Despite the fact that the sale of second-hand or used software has been legal in many developed nations since 2006, it was illegal in Turkey until the VeriSil case. Second-hand software is a product that can be reused and from which the end-user can profit financially if certain guidelines are followed. This is a global market with a large magnitude. When considering the importance of protecting the rights of businesses operating in the sector, the size of the second-hand software market, and its importance for developing countries like Turkey, as well as the human and institutional rights that purchase license rights in this direction, this market is critical, and bilateral balance and protection of rights is required. In this regard, the paper assesses the legal rights that preserve software products, discusses end-user rights in the context of the UsedSoft and VeriSil cases, and examines and evaluates the issue in terms of both the economic and legal dimensions. Office software, operating systems, database and server service software, and application development software are all heavily reliant on foreign sources in Turkey. In our country, there is still a lack of enthusiasm and knowledge about the market. According to the findings, the rotation of used software goods will reduce the loss of foreign cash when it is sent abroad.

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Prawne aspekty honorowania i posługiwania się papieskimi orderami i odznaczeniami w Polsce

Prawne aspekty honorowania i posługiwania się papieskimi orderami i odznaczeniami w Polsce

Author(s): Robert Krzysztof Tabaszewski / Language(s): Polish Issue: 24/2021

The goal of the article is to present the origin and the legal aspects of honouring, as well as awarding and using papal decorations in Poland. It analyses the legal regulations formed as a result of the reforms implemented by Pius X in 1905, Paul VI in 1966 and John Paul II in 1993. These regulations are compared with the established papal practice, international customs and Polish legislation. It is claimed that the present complicated honours system of the Holy See has undergone a profound evolution. The Author interprets the Polish constitutional and statutory provisions which make the receipt of papal decorations as foreign honours subject to prior consent of the President of the Republic of Poland. It has been shown that currently, contrary to the communist times, the Polish regulations recognize the papal honours system without any subjective, objective and functional exceptions and limitations. Political practice is also favourable to papal awards, which is reflected for example by the priority of papal decorations over those from other states. Finally, the article also enumerates the most important rules of using papal honours in Poland.

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Konstytucyjna wolność uzewnętrzniania przekonań religijnych  a posiadanie i używanie konopi (innych niż włókniste) w celach rytualnych

Konstytucyjna wolność uzewnętrzniania przekonań religijnych a posiadanie i używanie konopi (innych niż włókniste) w celach rytualnych

Author(s): Katarzyna Tkaczyk-Rymanowska / Language(s): Polish Issue: 24/2021

The article examines the question whether possession of an intoxicating drug (specifically cannabis) for the purposes of one’s religious practice is allowed in the light of the constitutional provisions that guarantee freedom of conscience and religion as well as the right to manifest one’s religion by religious worship, prayer and participation in rituals and that prohibit compelling anyone not to participate in religious rituals. Freedom of conscience is not the same concept as the freedom to practice a particular religion. It follows from the Constitution that the freedom to express one’s beliefs may be limited due to, inter alia, health, morality or public order. Therefore, the author takes the position that although freedom of religion is an important right among other human rights and freedoms, the right to manifest one’s beliefs must often give way to a higher-order good. Hence the conclusion that there are no grounds to consider the process of deliberate intoxication as religious worship that enjoys constitutional protection.

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Wyjątki od zakazu dyskryminacji ze względu na religię lub przekonania w zatrudnieniu pracowniczym na gruncie art. 4 dyrektywy 2000/78/WE

Wyjątki od zakazu dyskryminacji ze względu na religię lub przekonania w zatrudnieniu pracowniczym na gruncie art. 4 dyrektywy 2000/78/WE

Author(s): Łukasz Wacław / Language(s): Polish Issue: 24/2021

Equal treatment and the prohibition of discrimination are among the fundamental principles of EU law. This also applies to equal treatment on the grounds of religion or belief in employment. In this area, these values have been secured by Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation. However, the Directive provides for certain exceptions to these general rules. There are circumstances in which the employer’s actions create the appearance of discrimination, but in their essence they do not constitute discrimination. Such a situation occurs when, due to the type of occupational activities or the conditions in which they are carried out, the characteristics related to religion or belief constitute a genuine and determining occupational requirement, and the objective is legitimate and the requirement is proportionate (art. 4 (1)). Such a situation also occurs when, due to the nature or context in which the occupational activities of a church or other organization whose ethos is based on religion or belief are carried out, religion or belief constitute a genuine, legitimate and justified occupational requirement, having regard to the organization’s ethos (art. 4 (2) para. 1). Finally, this is also the case with the requirement of acting in good faith and with loyalty to the organization’s ethos that churches or other organizations whose ethos is based on religion or belief may impose on their employees (art. 4 (2) para. 2). These three situations constitute, as it were, three separate exceptions to the prohibition of discrimination. However, this classification, with which the Author of this study agrees, is not always accepted in jurisprudence and doctrine. Therefore, apart from a detailed analysis of the above-mentioned exceptions to the prohibition of discrimination, the article also presents the existing discrepancies in this matter.

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Rządowy projekt ustawy o ratyfikacji Konkordatu między Stolicą Apostolską i Rzecząpospolitą Polską w obradach sejmowej Komisji Spraw Zagranicznych z 16 grudnia 1997 r.

Rządowy projekt ustawy o ratyfikacji Konkordatu między Stolicą Apostolską i Rzecząpospolitą Polską w obradach sejmowej Komisji Spraw Zagranicznych z 16 grudnia 1997 r.

Author(s): Wojciech Góralski / Language(s): Polish Issue: 24/2021

The conclusion of the Concordat between the Holy See and the Republic of Poland on July 28, 1993 was undoubtedly an important event in the recent history of the mutual relations between the Polish state and the Catholic Church. However, due to the political disputes, the process of ratification of this international agreement was significantly delayed. The present paper discusses one element of this process, that is, the debate that was held at the sitting of the Sejm Committee for Foreign Affairs on 16 December, 1997. The debate concerned, among other things, the legislative procedure for ratification of the Concordat and the issue of including the Government’s interpretive declaration of 15 April, 1997 in the ratification act. As a result of the work undertaken by the Committee, the draft ratification act was submitted to the Sejm and subsequently adopted on 8 January, 1998. The Concordat was ratified on 23 February, 1998.

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Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 czerwca 2020 roku (III AUa 129/20)

Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 czerwca 2020 roku (III AUa 129/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 34 (2)/2021

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Wyrok Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 10 lutego 2021 roku (II SA/Sz 956/20)

Wyrok Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 10 lutego 2021 roku (II SA/Sz 956/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 34 (2)/2021

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Małgorzata Ofiarska, Zbigniew Ofiarski, Fundusz dróg samorządowych. Komentarz, Wolters Kluwer, Warszawa 2020

Małgorzata Ofiarska, Zbigniew Ofiarski, Fundusz dróg samorządowych. Komentarz, Wolters Kluwer, Warszawa 2020

Author(s): Rafał Dowgier / Language(s): Polish Issue: 34 (2)/2021

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Seminarium naukowe „Czy Unia Europejska ma przyszłość?”, 14 grudnia 2020 roku

Seminarium naukowe „Czy Unia Europejska ma przyszłość?”, 14 grudnia 2020 roku

Author(s): Agata Szwed,Karolina Słotwińska / Language(s): Polish Issue: 34 (2)/2021

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Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 lipca 2020 roku (III AUa 248/20)

Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 lipca 2020 roku (III AUa 248/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 35 (3)/2021

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