scholarly journals The Dualism of the Category “Municipal Service”

Legal Concept ◽  
2019 ◽  
pp. 76-83
Author(s):  
Danil Kononenko ◽  
Irina Eliseeva
Keyword(s):  
Public Service ◽  
Science Methods ◽  
Methodological Framework ◽  
Complex Character ◽  
Effect Analysis ◽  
Municipal Service ◽  
Cause And Effect Analysis ◽  
General Scientific ◽  
Definition Of ◽  
Two Sides

Introduction: the variety of interpretations of the category “municipal service” gives rise to semantic diversity and variability of interpretation of the concept. In this regard, the authors aim to conduct a historical research and comparative analysis of existing approaches to the definition of “municipal service”, presented in the legislation and legal science. Methods: the methodological framework for this study, which has a complex character, is a set of methods of scientific knowledge, among which the main ones are the comparative-historical, general scientific dialectical, logical-syntactic, and semantic methods of cognition, as well as the methods of cause and effect analysis, forecasting, synthesis and analysis. Results: in the paper the authors reveal the debatable aspect of the correctness of the use of the term “permanent basis” as a fundamental feature of the concept of “municipal service”, reveal its fundamental features, and study the semantic and syntactic meaning. Conclusions: the authors conclude that the cause of the variable interpretation of the concept under study in both objective and subjective senses is the interaction of these two sides of a single phenomenon, outside of which the statutory will cannot exist and be put into practice. The ways of further research in connection with the presence of the debatable theoretical legal category “public service” are also outlined.

scholarly journals Termination of a Civil Contract Due to a Significant Change in Circumstances: Legislation and Practice of Post-Soviet States

Legal Concept ◽  
2021 ◽  
pp. 43-47
Author(s):  
Mohammed Alhamdawi ◽  
Maxim Nenashev
Keyword(s):  
Civil Code ◽  
Methodological Framework ◽  
Scientific Interest ◽  
Effect Analysis ◽  
Scientific Cognition ◽  
Cause And Effect Analysis ◽  
General Scientific ◽  
Significant Change ◽  
Civil Contract ◽  
Statutory Regulation

Introduction: the scientific interest in the study of peculiarities of regulating the termination of a civil contract due to a significant change in circumstances in the foreign practice is predetermined by both the discussion and lack of scientific coverage of the relevant issues, and the difficulties in interpreting and applying the relevant norms of the law of obligations in Russia. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the general scientific dialectical, comparative legal, logical-syntactic, semantic methods of cognition, as well as the methods of cause-and-effect analysis, forecasting, synthesis and analysis. Results: the study reveals the features and main problematic aspects of the application of the rules on the termination of a civil contract due to a significant change in circumstances in a number of post-Soviet states. The paper presents the insights on the need to improve the statutory regulation of the considered grounds for the termination of a civil contract in Russia, including specifying the provisions of Article 451 of the Civil Code.

scholarly journals The Theory of “Smart Regulation”: The Ideological and Historical Context of Formation

Legal Concept ◽  
2021 ◽  
pp. 12-17
Author(s):  
Vladimir Slezhenkov ◽  
Keyword(s):  
Historical Context ◽  
Legal Regulation ◽  
Theoretical Background ◽  
Methodological Framework ◽  
Effect Analysis ◽  
Smart Regulation ◽  
Cause And Effect Analysis ◽  
General Scientific ◽  
Theoretical Foundations ◽  
Controversial Nature

Introduction: the scientific interest in studying the specifics of the formation of the “smart regulation” theory is due to both its controversial nature, novelty, practical orientation, and a certain fragmentary coverage of relevant issues in Russian jurisprudence. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the general scientific dialectical, comparative law, logicalsyntactic methods, the semantic methods of cognition, as well as the methods of cause-and-effect analysis, forecasting, synthesis, and analysis. Results: the study reveals the theoretical background and socio-historical context of the emergence of the ideas of “smart regulation”, shows the features of their conceptualization and differences from previous scientific views on the phenomenon of legal regulation. The paper substantiates the conclusions about the need for an expanded interpretation of the ideological and theoretical foundations of “smart regulation”, whose specifics are due to the long tradition of the development of previous political and legal thought.

scholarly journals Evidence of administrative violations in the area of taxes and duties

2020 ◽  
pp. 46-54
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Scientific Literature ◽  
Document Analysis ◽  
Case Law ◽  
Human Sciences ◽  
Methodological Framework ◽  
New Approach ◽  
General Scientific ◽  
The Subject ◽  
Definition Of ◽  
Scientific Achievements

The subject of this research is the normative legal acts, scientific literature, and case law materials reflecting the evidence of administrative violations. Covering the problem, the author notes the flaws in the existing legislation on administrative liability, using external (formal) sign to characterize a particular act as a legal violation or an offence. Underlining the flaws of such approach, special attention is paid to the search for the evidence of administrative violation, which allows characterizing the essence of the act. In the course of this research, the author applies scientific achievements of other human sciences, primarily economics. Methodological framework is comprised of the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of the materials, are used  general scientific and special methods of research: induction, deduction and document analysis. The main conclusion of this study consists in the formulation of the definition of administrative violation in the area of taxes and duties. The author develops a new approach towards structuring the system of evidence of such unlawful act, highlighting the essential (conceptual) evidence – public danger, and proposing a mechanism for determining public danger of a particular act.

scholarly journals ETHICAL NORMSIN THE ACTIVITIES OF PUBLIC SERVICE ENTITIES

2021 ◽  
Vol 117 (4) ◽  
pp. 120-131
Author(s):  
VESELOV Mykola ◽  
YEPRYNTSEV Pylyp
Keyword(s):  
Public Service ◽  
Ethical Behavior ◽  
Code Of Ethics ◽  
Codes Of Ethics ◽  
Ethical Conduct ◽  
The Public ◽  
General Scientific ◽  
Scientific Results ◽  
Definition Of ◽  
To Receive

Background. The choice of the topic of the article is dictated by the presence of significant theoretical problems and the need to improve the understanding and legal definition of the principle and rules of ethical behaviorin the activities of public service entities in Ukraine. The aim of the article is to obtain new scientific results in the form of substantiated conclusions and proposals for solving current theoretical, applied and legal problems of determining the principle and rules of ethical behaviorin the activities of public service entities in Ukraine. Materials and methods. The empirical basis of the study were legal acts of legislation of Ukraine and some other countries, scientific works of other scholars in the field of administrative law. Thanks to a combination of general scientific and special methods of cognition it was possible to process the specified empirical material and to receive own scientific conclusions. Results. It is noted that there is no clear definition and common understanding of the concept of the principle of ethical conduct of public service entities in the Ukrainian legislation. It is stated that the normative consolidation of ethical norms for different categories of public service entities in Ukraine takes place mainly at the by-law level and has a sectoral nature. It is established that the terms «principle of ethical conduct» and «rules of ethical conduct» are interdependent concepts, but not identical. Conclusion. According to the results of the research, the author’s vision is given to the concepts of «principle of ethical behavior» and «rules of ethical behavior». It is emphasized that the provisions of the Codes of Ethics or the Code of Ethics should also include requirements that would regulate the conduct of the public service entity in the off-hours. The necessity of unification of basic principles of public service in profile laws is substantiated, which should be reflected in general provisions of branch Rules and Codes of ethics together with special norms which will embody specificity of this or that public activity. Keywords: public service, the subject of public service, principles of activity, ethical behavior, rules, norms.

scholarly journals Fintech as a Source of Financial Innovations on the Polish Financial Services Market

2019 ◽  
Vol 19(34) (1) ◽  
pp. 162-171
Author(s):  
Karolina Anielak
Keyword(s):  
Financial Markets ◽  
Financial Services ◽  
English Language ◽  
Global Scale ◽  
Effect Analysis ◽  
Financial Innovations ◽  
Language Studies ◽  
Cause And Effect Analysis ◽  
The Subject ◽  
Definition Of

The paper presents the definition of innovation, advancement and development of the Fintech sector on the global scale, with particular emphasis put on Poland. Fintechs, i.e. IT companies that provide increasingly more modern solutions for customers active on the financial markets are not fully described in the literature on the subject. The aim of the paper was to present a comprehensive definition of Fintech, show the scale of this type of ventures around the world and in Poland, and analyze the forms and potential of the cooperation of Fintech companies with financial services entities, in particular with the banks. The article uses a critical analysis of the literature of mainly English-language studies from the last 5 years, indicating the state of financial innovations and their importance on the global scale. The author analyzed statistical data from PWC Global Fintech Report, CitiGPS reports, Capgemini reports and KPMG, which enabled her to present the value of global investments in Fintech. The performed cause and effect analysis indicates that investments in the Fintech sector are becoming more and more popular, that this market will be growing due to cooperation, among others, with the banks which want to meet the requirements of their customers using more advanced technologies.

scholarly journals LEGAL STATUS OF THE COURT SESSION SECRETARY IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
pp. 55-66
Author(s):  
Kateryna Kutsenko ◽  
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Legal Protection ◽  
Civil Servants ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Impact

The scientific research is focused on the legal status of the court session secretary in civil and administrative proceedings. The purpose of the article is to determine specific features of the legal status of the court session secretary. The objective of the research is to develop recommendations for amending the current legislation to improve the legal status of the court session secretary. The methodological basis of the research constituted general scientific and special legal methods of cognition. The author has used the method of philosophical dialectics among the general scientific methods, which is revealed through the methods of analysis and synthesis, ascent from simple to complex, from abstract to concrete, modeling, abstraction, idealization and formalization. The special legal methods used in the research combine systemic, theoretical and legal, formal and dogmatic, comparative and legal methods of cognition, as well as the method of state and legal modeling. The norms of legislative acts and by-laws regulating the legal status of this official have been analyzed. The author has defined specific features of the legal status of the court session secretary related to the public service, belonging to the court administration, place and significance in civil and administrative proceedings. Specific features of the legal status of the court session secretaries are to apply the rights and responsibilities of civil servants to them; to appoint them to the position based on the results of the competition; the submission of a declaration of their property status for the previous year before the appointment; to apply restrictions of civil servants and anti-corruption restrictions for them. Remuneration, social and legal protection of the court session secretaries are determined in accordance with the legislation on public service; they exercise their powers within the internal labor regulations established for court staff, they comply with the rules of conduct for court employees and ethical requirements for civil servants in relations with court staff and visitors. Among specific features of the legal status we should name the existence of special grounds for bringing to disciplinary liability, the focus of powers on organizational provision of the case hearing by a judge, the impact of the nature of communication (interaction) of the court session secretary with the participants in the trial on the authority of the judicial power in society, the possibility to file the motion to recuse the court session secretary in civil and administrative proceedings. The author as a result of studying the researched problem has formulated own definition of the “legal status of the court session secretary”. It has been offered to amend the current legislation, which determines the legal status of the court session secretary.

YOUTH CRIMINAL SUBCULTURE AS A FACTOR IN THE FORMATION OF THE PERSONALITY OF A MINOR CRIMINAL

2020 ◽  
Vol 10 (3) ◽  
pp. 177-180
Author(s):  
VERA SHUNYAEVA ◽  
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
System Research ◽  
Scientific Methods ◽  
General Scientific ◽  
Definition Of ◽  
A Minor ◽  
Method Analysis

The article is devoted to the research of the youth criminal subculture and its impact on the personality of under-aged. In the course of analysis of this negative impact, a definition of the criminal subculture of under-aged was proposed. The main principles of such a criminal subculture as AUE (the acronym, transcribed from Russian: АУЕ or А.У.Е., comes from «Арестантский уклад един» / “Prisoners Unity (Solidarity)” are defined. The reasons contributing to the development of this negative phenomenon and the typical fea- tures of a minor sharing the ideology of the AUE were identified. The methods for counteracting the AUE were proposed. The method- ological basis of the research is formed by general scientific methods: dialectical, system research method, analysis, synthesis, induction, deduction, analogy, etc., as well as such private scientific methods as comparative legal, formal legal, structural and functional, statistical ones. The authors relied on the results of research by Russian and foreign legal scholars, sociologists, psychologists.

ГЕРМЕНЕВТИКА ЛИЧНОСТИ КАК МЕТОД СОВРЕМЕННОЙ ПЕРСОНОЛОГИИ

1970 ◽  
Vol 6 (1) ◽  
pp. 32-42
Author(s):  
Елена Старовойтенко
Keyword(s):  
Text Setting ◽  
Research Setting ◽  
Textual Representations ◽  
General Scientific ◽  
Definition Of ◽  
The Individual ◽  
The Continuum

Персонологическая интерпретация текстов предполагает реализацию общенаучных, а также специфических для персонологии, герменевтических установок, к которым относятся: установка на интерпретацию текста как исследование, установка на разнообразие герменевтических действий с текстом, установка на выявление неисследованных содержаний текста, установка на творческое постижение тайн текста, установка на целостное отношение к личности и "Я" автора текста, установка на выявление способности автора быть "практикующим феноменологом", установка на определение места изучаемого текста в континууме текстовых репрезентаций "личности", установка на соотнесение своего понимания текста с другими интерпретациями и их интеграцию, установка на раскрытие сущности авторской "идеи личности", возможное только в единстве интерпретаций, установка на построение и применение герменевтической модели, определяющей процедуру интерпретации как исследования и творчества, установка на определение места проделанного герменевтического поиска в культуре познания и жизни личности, установка на интерпретацию различных видов "текстов личности". Personological interpretation of texts suggests the implementation of the general scientific and also hermeneutical settings specific for Personology which include the setting of the interpretation of the text as a research, setting of a variety of hermeneutical actions with the text, setting to identify unexplored contents of the text, setting of the creative comprehension of the mysteries of the text, setting of the integrity of the attitude of the individual and the "I" of the author of the text, setting to reveal the author's ability to be "practicing phenomenologist", setting of the definition of the place in the text in the continuum of textual representations of the "personality", setting in the correlation of the understanding of the text with other interpretations and their integration, setting of the disclosure of the author's "ideas person" is possible only in the unity of interpretation, setting of the construction and usage of hermeneutical models defining the procedure for the interpretation of both studies and work, the setting to determine the place of hermeneutical research in culture and knowledge of a person's life, setting of the interpretation of various types of "texts of the individual."

The specifics of mergers and acquisitions of innovative and technological companies

2020 ◽  
Vol 26 (5) ◽  
pp. 1186-1204
Author(s):  
A.V. Fedorov ◽  
Zh.S. Peredera
Keyword(s):  
Digital Technology ◽  
Comprehensive Analysis ◽  
Methodological Framework ◽  
Comparison Study ◽  
Technology Sector ◽  
Theoretical Perspectives ◽  
Innovation And Technology ◽  
Set Up ◽  
Definition Of ◽  
Traditional Approaches

Subject. The article reviews distinctions of M&A deals in innovation and technology. Objectives. We determine the specifics of innovative and technological companies and its impact on the synergy, process, finance, valuation of M&A deals. Methods. The article employs methods of generalization, comprehensive analysis, systematization, specification, comparison, study into trends and the structure. Graphics and tables are used to display the findings. Results. We conducted the content analysis of the term Mergers & Acquisitions, thus finding the divergence of foreign and the Russian approaches. We provide our own definition of the concept and analyzed the dynamics of the overall M&A market and the innovation and technological sector. The article describes operational distinctions of innovative and technological companies and compares them with conventional sectors. The article determined the specifics of synergy, process, finance, valuation of M&A deals in innovation and technology. Conclusions and Relevance. The innovation and technology sector saw M&A deals become more frequent for the recent five years. What distinguishes them is the number of startups and infant businesses, large M&A deals in order to develop their ecosystems, involve digital technology companies. Traditional approaches should be adapted for structuring M&A deals, their arrangement, financing and valuation of target companies. The findings can lay the groundwork for further studies into the specifics of the innovation and technology sector, M&A deals, and set up the methodological framework for the valuation of innovative and technological companies. The findings can also immediately support parties of M&A deals from theoretical perspectives.

METHODOLOGICAL ANALYSIS OF THE EXISTING PRACTICE OF UNIVERSITY TRAINING IN TERMS OF GRADUATES' INTEGRATED COMPETENCIES

2020 ◽  
Author(s):  
P. A. Strelnikov
Keyword(s):  
Professional Activity ◽  
Scientific Process ◽  
Educational Productivity ◽  
Interdisciplinary Approaches ◽  
Educational Integration ◽  
General Scientific ◽  
Scientific Competence ◽  
Definition Of ◽  
University Training ◽  
Training Practice

The article presents the results of the methodological analysis of the existing practice of University training in terms of graduates' integrated competencies. The analysis was carried out at the general philosophical (system and genetic approaches), general scientific (process-effect approach), specific scientific (competence, personal-activity and situation-problem approaches) and methodological and procedural levels (integrative and interdisciplinary approaches). Systemic shortcomings that impede the educational productivity of the existing training practice in terms of the efficiency of educational integration are identified and described. The definition of educational integration is given as the process of integration of individual competencies acquired by a student in the process of mastering individual disciplines into a single system totality, which is an integral tool for the graduate's professional activity.

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