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Verantwortung von unternehmen bei verletzung der privatsphäre –verantwortung von und in netzwerken 公司应对网络侵犯隐私的行为的责任
IF 0.3 Pub Date : 2021-01-01 DOI: 10.46941/2021.se1.180-190
Csenge Halász
Certain technological improvements mean the obvious rethinking of the boundaries of the private sphere. This process has made a legislative response necessary. In this sense, Act LIII of 2018 can be highlighted, which states in its preamble that the modern devices of info communication have laid new foundation for the everyday communication, hence the protection of private life extends beyond the physical harassment to Internet. An important factor in the protection of privacy is the responsibility of companies, which must ensure the protection of the privacy rights of entities using their online interfaces.
某些技术进步意味着对私人领域边界的重新思考。这一进程使得立法回应成为必要。从这个意义上讲,2018年的第iii号法案是值得强调的,该法案在其序言中指出,现代信息通信设备为日常通信奠定了新的基础,因此对私人生活的保护已经从身体骚扰扩展到互联网。保护隐私的一个重要因素是公司的责任,公司必须确保使用其在线界面的实体的隐私权得到保护。
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引用次数: 0
Responsibility of the data controllers in data protection law and the practice of the authorities in imposing administrative fine 数据控制者在数据保护法中的责任及主管机关实施行政罚款的实践
IF 0.3 Pub Date : 2021-01-01 DOI: 10.46941/2021.se1.167-179
Mário Čertický
The European Union’s general data protection regulation ensures a high level of protection of personal data. The data controllers, during their data processing practice, must take into account not only the provisions of the Regulation but also national regulations and evolving data protection practice. Regulatory fragmentation makes it more difficult to comply with data processing standards. The responsibility of the data controller can arise in several directions, first of all, we can separate civil and public liability. The subject of this study is the examination of administrative liability within the scope of the latter, in the framework of which it analyses the theoretical and practical issues of imposing a data protection fine. For the practice of imposing fines, the decisions taken by each European Data Protection Supervisor are presented and conclusions are drawn from them.
欧盟的一般数据保护条例确保了对个人数据的高水平保护。数据控制者在其数据处理实践中,不仅必须考虑条例的规定,还必须考虑国家法规和不断发展的数据保护实践。监管的分散使得遵守数据处理标准变得更加困难。数据控制者的责任可以从几个方向产生,首先,我们可以将民事责任和公共责任分开。本研究的主题是在后一种范围内的行政责任的审查,在此框架内,它分析了施加数据保护罚款的理论和实践问题。对于实施罚款的做法,每个欧洲数据保护监管机构做出的决定都被展示出来,并从中得出结论。
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引用次数: 0
Social Innovation in Bulgaria: an Ambiguous Concept with Fragmented Practice 保加利亚的社会创新:一个模糊的概念和碎片化的实践
IF 0.3 Pub Date : 2021-01-01 DOI: 10.46941/2021.e2.15-19
V. Kirov
This short paper is part of a project in preparation for a White Paper addressed to the Hungarian government defining social innovation. Its aim is to add the specific experience of social innovation in Bulgaria to this discussion. The concept of social innovation has been almost absent from public debates and policy agendas in Bulgaria since the country’s European Union accession. The reasons for this are beyond the scope of this paper but certainly do deserve special attention from the academic community in the future. The paper includes a short presentation of the specific Bulgarian context, followed by a section on social innovation and a final section focusing on workplace social innovation.
这篇短文是为匈牙利政府定义社会创新的白皮书准备项目的一部分。其目的是将保加利亚社会创新的具体经验加入到这一讨论中。自从保加利亚加入欧盟以来,社会创新的概念几乎没有出现在公共辩论和政策议程中。造成这种情况的原因超出了本文的范围,但在未来确实值得学术界特别关注。本文包括一个简短的介绍具体的保加利亚背景,其次是社会创新的部分,最后一节侧重于工作场所的社会创新。
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引用次数: 0
Child Interviewing in Legal Cases : A European Perspective 法律案件中的儿童访谈:欧洲视角
IF 0.3 Pub Date : 2021-01-01 DOI: 10.46941/2021.e2.92-105
Judit Torma
Child interviewing in legal cases is a multidisciplinary, multiprofessional topic that has been addressed as a following realisation, that accurate and eligible oral evidence, information or confession from children can only be obtained by a specific genre of interviews. Child development experts and researchers have advocated for specialised techniques for forensic child interviewing since the 80s and 90s, along with specialised police training and practice. In the European Union the last decade could rightly be called the decade of child-friendly justice. During these ten years several legal instruments were implemented about children’s involvement in legal proceedings and their special needs and rights as a vulnerable group. This shift is reflected in national legislations, however, there is still room for improvement, especially in the everyday practices within the interrogation rooms.
法律案件中的儿童访谈是一个多学科,多专业的主题,已经作为以下认识得到解决,即儿童的准确和合格的口头证据,信息或供词只能通过特定类型的访谈获得。自上世纪八九十年代以来,儿童发展专家和研究人员一直主张采用专门的法医儿童面谈技术,同时还提倡专门的警察培训和实践。在欧盟,过去十年可以被恰当地称为儿童友好司法的十年。在这十年中,执行了几项关于儿童参与法律诉讼及其作为弱势群体的特殊需要和权利的法律文书。这种转变反映在国家立法中,但是,仍有改进的余地,特别是在审讯室内的日常做法方面。
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引用次数: 0
Requirements for CFO Within The Business Model 商业模式对CFO的要求
IF 0.3 Pub Date : 2020-10-22 DOI: 10.5755/j01.eis.1.14.27558
R. Zvirgzdiņa, Helena Skadina, A. Vane
The concept “Business modeling” has become commonplace in everyday business due to the rapidly changing market situation, fierce competition and digital transformation trend that affects every business. Other player can appear unexpectedly and bring a new business model to the market, typically fueled by innovative technologies and ideas, and render everyone else obsolete. To remain successful shifting of business environment is required as well as an updated management capability not only to modernize processes, but also to select, empower and appreciate workforce. One of the key roles in any business organization plays the Chief Financial Officer (CFO) that contributes and determines the wellbeing of the business. The role has become more important because of the new technological influence and therefore is more needed by business organizations. This paper aims to formulate requirements for CFO for companies that are going to establish a new business model or to reinvent the existing one. The result of this paper forms the basis for conclusions about the role of the CFO while modelling business, contribution to the modelling success and about requirements that the CFO has to meet.
由于瞬息万变的市场形势、激烈的竞争和影响每一项业务的数字化转型趋势,“商业建模”的概念在日常业务中已经变得司空见惯。其他玩家可能出人意料地出现,给市场带来一种新的商业模式,通常是由创新技术和理念推动的,从而淘汰其他所有人。为了保持成功的商业环境的转变,需要更新的管理能力,不仅要使流程现代化,还要选择,授权和欣赏劳动力。在任何商业组织中,首席财务官(CFO)都是一个关键角色,它对企业的健康发展做出了贡献并决定了企业的健康发展。由于新技术的影响,这个角色变得更加重要,因此商业组织更需要这个角色。本文旨在为正在建立新的商业模式或重塑现有商业模式的公司制定对CFO的要求。本文的结果构成了关于CFO在建模业务中的作用、对建模成功的贡献以及CFO必须满足的要求的结论的基础。
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引用次数: 3
Marketing Communications of Latvian Social Enterprises from a Consumer Perspective 消费者视角下拉脱维亚社会企业的营销传播
IF 0.3 Pub Date : 2020-10-22 DOI: 10.5755/j01.eis.1.14.26373
Kristīne Casno, D. Skiltere, B. Sloka
The purpose of this study is twofold - to contribute to the further understanding of social enterprises’ marketing by providing a consumers’ perspective on the content that social enterprises generate in order for them be to be able to better understand their strengths and weaknesses and to establish a reference point with regards the current situation to be able to compare and measure improvement in with regards social enterprise marketing in the future and, if needed, provide fact-based evidence to assist social enterprises in their call for support from public authorities. Among tasks of research are 1) analysis of recent scientific publications associate with social enterprises, their challenges in Europe and in Latvia and specifically with regards social enterprise marketing 2) analysis of online survey, filled out by 329 respondents and conducted by Kristīne Casno in 2019. For data anlysis such quantitative research methods were used as analysis of descriptive statistics (indicators or central tendency or location (arithmetic mean, mode, median), indicators or variability (range, standard deviation and standard error or mean), testing of statistical hypothesis with t-test and analysis or variance - ANOVA. Authors highlight that social enterprise consumers are supportive of social enterprises and their cause and are also interested in the marketing content provided, however, the full potential of word-of-marketing is not used, suggesting that there is significant room for improvement. With regards marketing communication content, social enterprises are most appreciated by consumers for aesthetic and interesting content. On the drawback side – the greatest challenges for social enterprises are to provide content on a regular basis and achieve visibility. Since the comparatively lower evaluations for aforementioned characteristics may be directly associated with lack of financial resources and skills, Authors recommend greater support from Ministry of Welfare of Republic of Latvia for development of support programs with the aim of increasing the marketing skills of social enterprises as well as promoting close win-win cooperation between commercial outdoor, print and online media holders and social enterprises (e.g. in the form of subsidized advertisement spaces while they are not used by commercial clients in return for lower taxes) in order to help social enterprises reach higher visibility.
这项研究的目的有两方面:一是透过提供消费者对社会企业所提供的内容的观点,以加深对社会企业营销的了解,使他们能够更好地了解社会企业的长处和短处;二是就目前的情况建立一个参照点,以便能够比较和衡量未来社会企业营销方面的改善情况,如有需要,提供基于事实的证据,协助社会企业向政府当局寻求支持。研究任务包括:1)分析最近与社会企业相关的科学出版物,它们在欧洲和拉脱维亚面临的挑战,特别是在社会企业营销方面;2)分析在线调查,由329名受访者填写,由krist ne Casno于2019年进行。对于数据分析,定量研究方法包括描述性统计分析(指标或集中趋势或位置分析(算术平均值、众数、中位数)、指标或可变性分析(极差、标准差和标准差或平均值)、t检验和方差分析(ANOVA)的统计假设检验。作者强调,社会企业消费者支持社会企业和他们的事业,也对提供的营销内容感兴趣,然而,没有充分发挥口碑营销的潜力,这表明有很大的改进空间。在营销传播内容方面,社会企业最受消费者青睐的是具有美感和趣味性的内容。在缺点方面,社会企业最大的挑战是定期提供内容和实现可见性。由于对上述特征的相对较低的评价可能与缺乏财政资源和技能直接相关,作者建议拉脱维亚共和国福利部提供更多的支持,以制定支持计划,以提高社会企业的营销技能,并促进商业户外、纸媒和网络媒体持有人和社会企业(例如,以补贴广告位的形式,但不被商业客户使用,以换取较低的税收),以帮助社会企业提高知名度。
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引用次数: 2
ESTIMATING PRODUCTION FUNCTION BEFORE COVID-19 PANDEMIC IN EUROPE 估算欧洲COVID-19大流行前的生产函数
IF 0.3 Pub Date : 2020-10-22 DOI: 10.5755/j01.eis.1.14.26367
Paweł Młodkowski
The purpose of the study is to discuss consequences of pandemic events for estimating the economic growth mechanism in the European Union. The most recent COVID-19 growing death toll has drawn the attention to impact such unexpected, but not unprecedented situations have on society and economy. In the current study the focus is on estimating economic effects of a disease, which reduces the working population. It turns out that the prominent basic production function framework may fail to deliver consistent results, when analyzing transformation of labor and capital into output in all 27-EU Member countries. This is because of asymmetric impact of COVID-19 on each individual EU-country. A historical perspective on epidemic death toll shows that Europe experienced numerous periods of a similar demographic developments. Those were individual countries, regions, or most recently the whole continent (and the world) that suffered from outbreaks of a deadly disease. The paper offers a meta-analysis, and draws from numerous sources to provide as wide as possible coverage on population-decreasing events. Due to similarity in their economic consequences, information about death toll of wars and genocide cases supplements the narration. Conclusions draw the attention to the fact that in the post-COVID-19 era any growth related studies will suffer from the lack of time series that describe the new underlying transformation mechanism that is responsible for generating the GDP at country and EU-level. The contribution of the paper is in offering a point of reference for any future studies that will try to assess pandemic effects in regard to economic growth, economies of scale or any other production function framework element.
本研究的目的是讨论大流行事件的后果,以估计欧洲联盟的经济增长机制。最近新冠肺炎死亡人数的增加引起了人们对这种意外但并非前所未有的情况对社会和经济的影响的关注。在目前的研究中,重点是估计一种疾病的经济影响,这种疾病减少了工作人口。结果表明,在分析所有27个欧盟成员国的劳动力和资本转化为产出时,突出的基本生产函数框架可能无法提供一致的结果。这是因为新冠肺炎对每个欧盟国家的影响是不对称的。从流行病死亡人数的历史角度来看,欧洲经历了许多类似的人口发展时期。这些是个别国家、地区,或最近整个大陆(和世界)遭受致命疾病爆发的影响。这篇论文提供了一项荟萃分析,并从众多来源中提取,以尽可能广泛地覆盖人口减少事件。由于它们的经济后果相似,关于战争和种族灭绝案件的死亡人数的信息补充了叙述。结论提请注意这样一个事实,即在后covid -19时代,任何与增长相关的研究都将受到缺乏时间序列的影响,这些时间序列描述了负责产生国家和欧盟一级GDP的新的潜在转型机制。该文件的贡献在于为今后试图评估流行病对经济增长、规模经济或任何其他生产函数框架要素的影响的任何研究提供了一个参考点。
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引用次数: 2
Legal and politological aspects of competition in Bosnia and Herzegovina as a paradigm of the European integration process 法律和政治方面的竞争在波斯尼亚和黑塞哥维那作为一个范例的欧洲一体化进程
IF 0.3 Pub Date : 2020-10-22 DOI: 10.5755/j01.eis.1.14.25287
Kanita Imamović-Čizmić, Samir Sabljica
As a country in transition and development, committed to the path towards membership in the European Union, Bosnia and Herzegovina encounters many challenges and obstacles in terms of fulfilling the tasks set before it. Quite complicated governmental and legal arrangement determines the pace of achieving the tasks that are prerequisites for the European Union membership status. By signing the Stabilisation and Association Agreement, Bosnia and Herzegovina assumed the obligation to gradually harmonise the national legislation with the EU legislation in the most important areas related to the internal market. In this context, one of highly important ones is the area of competition law. This paper analyses the quality of solutions provided by the normative and institutional framework of the market competition protection in Bosnia and Herzegovina by using the normative, historical, comparative, and content analysis methods. Basic features of the Stabilisation and Association Agreement between Bosnia and Herzegovina and the EU are presented through a chronological summary of the integration process of BiH into the EU. The primary hypothesis of the paper is that recent legal solutions in the area of competition do not follow the current legal standards of the competition regulations in the EU. Analytical overview of annual reports on the operation of the Council of Competition as regulatory body in Bosnia and Herzegovina shows that competition is a typical example of the ‘crawling’ integration of Bosnia and Herzegovina to the EU. It is quite obvious that the lack of political will of the ruling structures slows the integration processes down. This area requires an efficient enforcement of competition regulations whose implementation enables the companies to act in line with the law. Without adequate and prompt amending of the Law on Competition and related by-laws there can be no positive evaluation of the European Commission concerning the progress of Bosnia and Herzegovina.
波斯尼亚-黑塞哥维那作为一个过渡和发展中的国家,致力于走上加入欧洲联盟的道路,在完成摆在它面前的任务方面遇到了许多挑战和障碍。相当复杂的政府和法律安排决定了实现欧盟成员资格先决条件的任务的速度。通过签署《稳定和联合协定》,波斯尼亚和黑塞哥维那承担了在与内部市场有关的最重要领域逐步使国家立法与欧盟立法协调一致的义务。在这方面,其中一个非常重要的是竞争法领域。本文运用规范分析法、历史分析法、比较分析法和内容分析法,对波黑市场竞争保护的规范性框架和制度框架所提供的解决方案质量进行了分析。通过波黑加入欧盟一体化进程的时间顺序摘要,介绍了波斯尼亚-黑塞哥维那与欧盟之间《稳定与结盟协定》的基本特点。本文的主要假设是,最近在竞争领域的法律解决方案不遵循欧盟竞争法规的现行法律标准。对作为波斯尼亚和黑塞哥维那监管机构的竞争委员会运作年度报告的分析概述表明,竞争是波斯尼亚和黑塞哥维那与欧盟“爬行”一体化的典型例子。很明显,统治结构缺乏政治意愿减缓了一体化进程。这一领域需要有效执行竞争法规,这些法规的实施使公司能够依法行事。如果不充分和迅速地修正《竞争法》和有关的细则,就不可能对欧洲委员会对波斯尼亚-黑塞哥维那的进展作出积极评价。
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引用次数: 1
Tax Incentives as a Part of Governments’ Applied Mechanisms for the Third Pension Pillar in Estonia, Latvia, and Lithuania 税收优惠作为爱沙尼亚、拉脱维亚和立陶宛第三养老金支柱政府应用机制的一部分
IF 0.3 Pub Date : 2020-10-22 DOI: 10.5755/j01.eis.1.14.26379
Evija Dundure, B. Sloka
The main objective of the improvements to public pension systems is to create a balanced three-pillar pension structure and increase public accountability for pension capital formation. Most pension systems are based on the first two pension system pillars – mandatory contributions in the state compulsory unfunded pension scheme and the state-funded or accumulated pension scheme in pension funds. However, the pension level adequacy has been reached by adding the third pension system pillar - voluntary investments in private pension funds. Governments are private pension system policymakers by defining a legal framework and providing tax incentives for voluntary investments for retirement. In the Baltic countries – Estonia, Latvia, and Lithuania, the third pension pillar is at an early stage of its development, and as such, should be particularly stimulated. This research focuses on the tax incentives utilized by the governments of Estonia, Latvia, and Lithuania and aims to ascertain and compare the effectiveness of the tax incentive policies applied to the third pension pillar by the governments of the three Baltic countries. It questions the effectiveness of the incentive mechanisms the governments of the Baltic countries have chosen, which include involving most of the population in the private pension saving programs. The research methods used are the analysis of scientific publications on the previously conducted research, acts of legislation of Baltic countries, as well as an analytical study of statistical data on the development of voluntary pension fund contributions in Estonia, Latvia, and Lithuania. The research results indicate that the tax incentives are the mechanism to motivate the population to create savings in the third pension pillar in all three Baltic countries. However, Latvia being the country with the highest coverage rate of the third pension pillar has the most unfavorable conditions for creating savings. There are no tax incentives on returns on investment and tax-exempt withdrawals in Latvia, while Estonia and Lithuania have all positions tax-exempt. A more detailed analysis of the tax incentives at the contribution stage explains the underdeveloped third pension pillar in Lithuania, as Lithuanian personal income tax reliefs are targeted at low or medium wages or gross income. The research has highlighted the impact of tax incentives on voluntary savings for retirement in the three Baltic countries, opening a discussion about the effectiveness of governments' applied mechanisms.
改善公共养恤金制度的主要目标是建立一个平衡的三支柱养恤金结构,并加强对养恤金资本形成的公共问责制。大多数养老金制度基于前两个养老金制度支柱——国家强制性无基金养老金计划中的强制性缴款,以及养老基金中国家资助或累积的养老金计划。然而,通过增加养恤金制度的第三个支柱- -自愿投资于私人养恤基金,已经达到了养恤金充足的水平。政府是私人养老金制度的决策者,制定法律框架,为自愿退休投资提供税收激励。在波罗的海国家- -爱沙尼亚、拉脱维亚和立陶宛- -第三个养恤金支柱正处于发展的早期阶段,因此应特别加以鼓励。本研究的重点是爱沙尼亚、拉脱维亚和立陶宛政府使用的税收优惠政策,旨在确定和比较三个波罗的海国家政府对第三个养老金支柱适用的税收优惠政策的有效性。它质疑波罗的海各国政府选择的激励机制的有效性,其中包括让大多数人口参与私人养老金储蓄计划。所使用的研究方法是分析关于以前进行的研究的科学出版物、波罗的海国家的立法行为,以及对爱沙尼亚、拉脱维亚和立陶宛自愿养恤基金缴款发展的统计数据进行分析研究。研究结果表明,在波罗的海三国,税收优惠是激励人口在第三养老金支柱中创造储蓄的机制。然而,拉脱维亚作为第三个养恤金支柱覆盖率最高的国家,其创造储蓄的条件最为不利。拉脱维亚对投资回报和免税提款没有税收优惠,而爱沙尼亚和立陶宛的所有头寸都免税。对缴款阶段税收激励的更详细分析解释了立陶宛不发达的第三养老金支柱,因为立陶宛的个人所得税减免针对的是中低收入或总收入。这项研究突出了税收激励对三个波罗的海国家自愿退休储蓄的影响,开启了一场关于政府应用机制有效性的讨论。
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引用次数: 1
Exploring Tendencies in Migrants’ Legal Consciousness Research and Uncovering Factors for Socio-Legal Integration 流动人口法律意识研究趋势探索与法社会融合因素揭示
IF 0.3 Pub Date : 2020-10-22 DOI: 10.5755/j01.eis.1.14.26774
Ramunė Miežanskienė
The current state of scientific discourse on legal consciousness occurs within a range of topics of enquiry. In this scope of research, a trendline of publications emerged which employs a narrower focus on the aspects of migrants‘ legal consciousness. As there were no systematic research aspirations in this particular field, this research explores the current scientific discourse, addresses factors for sociolegal integration and uncovers further paths for scientific enquiry as well. The following investigation adopts a method of systematic literature review which covers the time frame of research of three decades - since 1990 and introduces the main tendencies in scientific research on migrants’ legal consciousness. It addresses their geographical spectrum and reasoning that lead to scientific research. The other task was set to highlight the main factors which were identified to be affecting migrant’s legal consciousness and socio-legal integration as equally. The results of the investigation revealed a relatively small, but growing body of literature exploring migrants’ legal consciousness with a considerably narrow geographical division of the research, concentrating mainly to one continent, and with a dominant focus to national (versus comparative) context. Therefore the current field of scientific literature on migrants’ legal consciousness could benefit from the dissemination of investigations in the varied cultural environments and legal systems, as well as launching comparative studies while addressing a varying legal status. This research indicates a range of factors which plays a role in shaping migrants‘ consciousness, though few of them come into frontline while referring different migrants’ legal status. These include, but are not limited to the list, covering legal framework and social norms or ideals of the host country, as well as the encounter with the institutional sector and cultural heritage.
关于法律意识的科学论述的现状发生在一系列的探究主题中。在这一研究范围内,出现了一种出版物的趋势,其中对移徙者法律意识方面的关注范围较窄。由于在这一特定领域没有系统的研究愿望,本研究探索了当前的科学话语,解决了社会法律整合的因素,并为科学探究揭示了进一步的途径。下面的调查采用系统文献回顾的方法,涵盖了自1990年以来三十年的研究时间框架,并介绍了移民法律意识科学研究的主要趋势。它阐述了他们的地理范围和导致科学研究的推理。另一项任务是强调确定的影响移徙者法律意识和社会-法律融合的主要因素。调查结果显示,研究移民法律意识的文献数量相对较少,但数量在不断增加,研究地域划分相当狭窄,主要集中在一个大陆,主要关注国家(相对于比较)背景。因此,目前关于移民法律意识的科学文献领域可以受益于传播在不同文化环境和法律制度下的调查,以及在处理不同法律地位的同时开展比较研究。本研究指出了影响移民意识形成的一系列因素,但在参考不同移民的法律地位时,这些因素很少成为前沿。这些包括但不限于清单,涵盖东道国的法律框架和社会规范或理想,以及与机构部门和文化遗产的接触。
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引用次数: 2
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European Integration Studies
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