Scientific Discussion and Friendship between Loschmidt and Boltzmann

Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial law-making”. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which the system of law first of all synthesizes only the principles and norms of law contained in a single, multi-level and developing system of forms of national and international law, implemented in the state, the article concludes that it is possible to highlight two types of “judicial law-making” in the special literature: “moderate” and “radical” types of “judicial law-making”. Results. “Moderate judicial law-making” is allowed only outside the law, its results are not binding on other courts, as the “norm” created by the court is only applicable ex post, only to a particular dispute and is not binding on other courts. In the opinion of the author of the article, this result of “moderate judicial law-making” is theoretically more reasonable to be considered as a kind of wrong – as “court positions” obligatory only for participants of individual judicial process, developed in the process of consideration and resolution of individual dispute as a result of interpretation of principles and norms of law. Discussion and Conclusion. Researchers – supporters of the “radical” type of “judicial lawmaking” allow the development of “judicial precedents of law” “through the law, beyond and against the law” (contra legem).It seems to the author that this type of “judicial lawmaking” is based on the scientific discussion concept of integrative legal understanding, according to which the heterogeneous social phenomena – right and wrong – are synthesized in the unified system of law (for example, law and individual judicial acts, including those containing specific positions of the court).New concepts and their definitions have been introduced into scientific circulation. The author concludes that the “radical” kind of “judicial law-making” is theoretically debatable, and practically counterproductive.

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Features of Copyright and Related Rights Defense on the Internet: Scientific Discussion at a Seminar in the First Court of Appeal

RUSSIAN JUSTICE ◽

10.37399/issn2072-909x.2020.7.94-100 ◽

2020 ◽

Vol 7 ◽

pp. 94-100

Author(s):

N. V. Buzova ◽

◽

M. M. Karelina ◽

Keyword(s):

Copyright Protection ◽

The Internet ◽

Judicial Reform ◽

Scientific Discussion ◽

Rights Protection ◽

Moscow City ◽

Interim Measures ◽

Judicial Protection ◽

Appeal Courts ◽

Court Of Appeal

The final stage of the judicial reform was the creation of new cassation and appeal courts in the system of courts of general jurisdiction that provide additional guarantees for the effective judicial protection of citizens. Russian legislation establishes a mechanism for the protection of infringed copyright and related rights on the Internet. Such a mechanism provides for the imposition of interim measures by the Moscow City Court and the termination by Roskomnadzor of access to the site or page of the site on the Internet, on which information is posted in violation of copyright and related rights. In the case of interim measures, the case decision belongs to competence of the Moscow City Court. As a result of changes in the legislation on the judicial system, the courts of appeal and cassation of general jurisdiction began to work. Consideration of complaints against judicial acts of the Moscow City Court, rendered by them at first instance, are referred to the competence of the new courts. The article notes the stages of development of legislation on copyright protection on the Internet, as well as some problematic aspects of copyright and related rights protection on the Internet.

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Management of the Energy and Economic Potential of Nuclear Waste Use

Energies ◽

10.3390/en14123709 ◽

2021 ◽

Vol 14 (12) ◽

pp. 3709

Author(s):

Bader Alshuraiaan ◽

Sergey Pushkin ◽

Anastasia Kurilova ◽

Magdalena Mazur

Keyword(s):

Nuclear Fuel ◽

Nuclear Waste ◽

Spent Nuclear Fuel ◽

Integrated Approach ◽

Economic Potential ◽

Nuclear Waste Storage ◽

Scientific Discussion ◽

Management Algorithm ◽

Waste Storage ◽

The Eu

Recently, issues related to the effects (benefit or harm) of processing nuclear waste and its further use as fuel have been increasingly often raised in the scientific discussion. In this regard, the research aims to investigate issues related to the assessment of the economic potential of nuclear waste use, as well as the cooperation between states in the context of the reduction of risks associated with nuclear waste storage and processing. The research methodology is based on an integrated approach, including statistical, factor analysis, and the proposed system of performance indicators for managing spent nuclear fuel use. The research was carried out on the basis of materials from Russia and the EU countries. In the course of the study, a model of cooperation between states has been developed (based on the example of technologies and methods of processing nuclear waste used in the EU and Russia) according to the nuclear waste (spent nuclear fuel) management algorithm. The model considers the risks and threats associated with ecology and safety. The developments and other results described in the study should be used in further research devoted to the use of nuclear waste as heat-producing elements.

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Sustainability of Extraction of Raw Material by a Combination of Mobile and Stationary Mining Machines and Optimization of Machine Life Cycle

Sustainability ◽

10.3390/su122410454 ◽

2020 ◽

Vol 12 (24) ◽

pp. 10454

Author(s):

Katarína Teplická ◽

Martin Straka

Keyword(s):

Life Cycle ◽

Raw Materials ◽

Simulation Method ◽

Raw Material ◽

Optimal Distribution ◽

Transport Costs ◽

Scientific Discussion ◽

Mining Companies ◽

Conveyor Belts ◽

The Impact

This article summarizes the arguments within the scientific discussion on the issue of using mining machines and their life cycle. The main goal of the article is to investigate the impact of a combination of mobile and stationary mining machines and their optimal distribution in the mining process to increase the efficiency of mining and processing of raw materials. The following methods of research were focused on the use of technical indicators for the valuation efficiency of the mining process: a simulation method was used for the distribution of mining machines, comparison analysis was used for the real and past state of mining machines, and a decision tree was used as managerial instrument for optimal alternatives of mining machines. The research empirically confirms and theoretically proves that optimal distribution of mining machines and machine parks is very important for mining companies. The benefit of this research for the mining company was the new location of the machines and the combination of stationary production lines and mobile equipment. The optimal layout of the machines reduced the number of conveyor belts and improved the transfer of limestone processing to mobile devices, saving time, which was reflected in transport costs. The results can be useful for other mining companies seeking to create an optimal machine park.

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