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 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 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.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

How to Improve Remanufacturing?—A Systematic Analysis of Practices and Theories

2018 ◽  
Vol 141 (2) ◽  
Author(s):  
Tomohiko Sakao ◽  
Erik Sundin
Keyword(s):  
Customer Value ◽  
Success Factors ◽  
Theory And Practice ◽  
Systematic Analysis ◽  
Effect Analysis ◽  
Product Service ◽  
Fishbone Diagram ◽  
Cause And Effect Analysis ◽  
The Right ◽  
A Company

Remanufacturing has gained attention from industry, but the literature lacks the scientific comprehension to realize efficient remanufacturing. This hinders a company from commencing or improving remanufacturing efficiently. To fill this gap, the paper proposes a set of practical success factors for remanufacturing. To do so, it analyzes remanufacturing practices in industry through interviews with staff from remanufacturing companies with long experience. The practical success factors are found to be (1) addressing product and component value, (2) having a customer-oriented operation, (3) having an efficient core acquisition, (4) obtaining the correct information, and (5) having the right staff competence. Next, the paper further analyzes remanufacturing processes theoretically with both cause and effect analysis and means-ends analysis. Since the factors show that, among other things, the product/service system (PSS) is highly relevant to remanufacturing in multiple ways, theories on the PSS are partly utilized. As a result, the distinctive nature of remanufacturing underlying in the processes is found to have high variability, high uncertainty and, thus, also complexity. The obtained insights from practice and theory are found to support each other. In addition, a fishbone diagram for remanufacturing is proposed based on the analysis, including seven m's, adding two new m's (marketing and maintenance) on top of the traditional five m's (measurement, material, human, method, and machine) in order to improve customer value. The major contribution of the paper lies in its insights, which are grounded in both theory and practice.

scholarly journals Cause-and-Effect Analysis as a Tool To Improve the Reproducibility of Nanobioassays: Four Case Studies

2019 ◽  
Vol 33 (5) ◽  
pp. 1039-1054 ◽  
Author(s):  
Elijah J. Petersen ◽  
Cordula Hirsch ◽  
John T. Elliott ◽  
Harald F. Krug ◽  
Leonie Aengenheister ◽  
...  
Keyword(s):  
Case Studies ◽  
Effect Analysis ◽  
Cause And Effect ◽  
Cause And Effect Analysis

Open Plan Office Design Features Affecting Staff’s Health and Well-being Status

2014 ◽  
Vol 70 (7) ◽  
Author(s):  
Arezou Shafaghat ◽  
Ali Keyvanfar ◽  
Hasanuddin Lamit ◽  
Seyed Ali Mousavi ◽  
Mohd Zaimi Abd Majid
Keyword(s):  
Psychological Health ◽  
Indoor Environment ◽  
Well Being ◽  
Environment Design ◽  
Effect Analysis ◽  
Office Design ◽  
Open Plan ◽  
Cause And Effect Analysis ◽  
Physical And Psychological Health ◽  
Health And Well Being

Sustainable office building indoor environment design is a challengeable issue for professionals in thermal comfort, satisfaction, health, and energy fields of research. The professionals intensively need a comprehensive list of office indoor environment design features to promote the level of performance and productivity of staff. One of the most effective factors dealing with staff performance and productivity is physical and psychological health which has not yet been investigated in depth is open-plan office design. In this regard, the current research aimed at establishing a comprehensive list of Open Plan Offices Design (OPOD) features affecting physical and psychological health and well-being of the staff at office buildings. Research methodology engaged two phases corresponding to two objectives. Phase one was to investigate OPOD features and sub-features through a critical literature review using fishbone cause-and-effect analysis technique. Phase one has clustered the OPOD features into two; positive and negative classes. The cause-and-effect analysis determined 3 positive features and 5 negative features involved in the positive and negative classes, respectively. The Efficient Workflow and Performance, Flexible Design, and Cost Efficient were identified as positive OPOD features which involves a number of sub-features. The Distraction, Decreasing Work Feedback, Job Dissatisfaction, Illness, and stress have been determined as OPOD features which impact negatively on staff’s health. The second phase conducted a content analysis on reviewed literatures to indicate the popularity of citation of each OPOD feature in previous studies. The content analysis determined in the Positive cluster, the sub-feature “Facilitate Communication”, under Efficient Workflow & Performance was investigated more than other sub-features. In addition, in the Negative cluster, the sub-feature Auditory Distraction under Distraction was highly investigated. The research asserts that undertaking the research outputs will promote performance and productivity of staff in office buildings. Architects, facility managers, design consultants, and authority may use the output as a decision support checklist for future office design and/or renovations.

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