scholarly journals Civilistic approach to the concept of robot as an object of civil law

2019 ◽  
Vol 135 ◽  
pp. 04007
Author(s):  
Vera Borshcheniuk ◽  
Nina Semeryanova ◽  
Uliana Filatova ◽  
Valeriy Zhabskiy
Keyword(s):  
Civil Law ◽  
Physical Characteristics ◽  
Point Of View ◽  
Scientific Methods ◽  
Legal Method ◽  
The Status ◽  
Main Thing ◽  
Definition Of ◽  
Legal Identification

The relevance of the study is specified by the issue of determining the status of robots in civil law. The paper attempts to establish the legal identification of robot as an object of civil rightsin order to enshrine in the law provisions on this new object. Classification of robots is also proposed, which can serve as the basis for subsequent systematization of robots and their registration systems. The leading research approaches used by the authors are such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method. Conclusions: definition of digital and virtual robot is proposed. The authors believe that digital robot does not have to possess signs of anthropomorphism, the main thing in it is the level of intelligence. Anthropomorphism should currently be considered from the point of view of resembling a person by intellect, not by physical characteristics.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW

2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova
Keyword(s):  
Goal Setting ◽  
Social Relations ◽  
Civil Law ◽  
Scientific Research ◽  
Scientific Work ◽  
Point Of View ◽  
Existing Problems ◽  
The Creation ◽  
Scientific Results ◽  
Definition Of

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.

On the Dynamic Isotropy of Mechanisms With Two Degrees of Freedom

2005 ◽  
Author(s):  
Raffaele Di Gregorio ◽  
Alessandro Cammarata ◽  
Rosario Sinatra
Keyword(s):  
Finite Number ◽  
Degrees Of Freedom ◽  
Point Of View ◽  
Closed Curves ◽  
Special Cases ◽  
Dynamic Performances ◽  
Definition Of ◽  
Geometric Locus

The comparison of mechanisms with different topology or with different geometry, but with the same topology, is a necessary operation during the design of a machine sized for a given task. Therefore, tools that evaluate the dynamic performances of a mechanism are welcomed. This paper deals with the dynamic isotropy of 2-dof mechanisms starting from the definition introduced in a previous paper. In particular, starting from the condition that identifies the dynamically isotropic configurations, it shows that, provided some special cases are not considered, 2-dof mechanisms have at most a finite number of isotropic configurations. Moreover, it shows that, provided the dynamically isotropic configurations are excluded, the geometric locus of the configuration space that collects the points associated to configurations with the same dynamic isotropy is constituted by closed curves. This results will allow the classification of 2-dof mechanisms from the dynamic-isotropy point of view, and the definition of some methodologies for the characterization of the dynamic isotropy of these mechanisms. Finally, examples of applications of the obtained results will be given.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

scholarly journals Philosophical and ideological views of Abai: historical and philosophical aspect

2021 ◽  
Vol 81 (1) ◽  
pp. 18-24
Author(s):  
D. Syzdykovа ◽  
Keyword(s):  
Point Of View ◽  
Philosophical Methodology ◽  
Moral Code ◽  
New Approach ◽  
Historical Process ◽  
Scientific Methods ◽  
The World ◽  
The Status ◽  
New Thinking ◽  
History Of

The authors attempt to consider the philosophical and ideological ideas of the great thinker and humanist Abay Kunanbayev. The analysis of Abay Kunanbayev's work has shown that there are poorly developed aspects, however, without claiming to cover all aspects of the problem comprehensively, the authors made an attempt to study the nature and essence of Abay's philosophical and ideological views in the work "Words of Edification" based on the material of Abay Kunanbayev's work "Words of Edification". The authors focused on the analysis of the philosophical content of the work "Words of Edification". The article uses a philosophical methodology that corresponds to the current level of spiritual and scientific- theoretical culture. The authors implemented scientific methods such as the ascent from the abstract to the concrete, the principle of concrete historicism (the unity of historical and logical). Concrete historicism, exploring the history of the subject, considers the logic of the historically developing subject (process), this principle contributes to the active reflection of the historical process. Historicism traces and reproduces the essence of the historical process from the point of view of its formation and development in the system of concepts. Abay's creativity occupies a special place in the world culture, he raised spiritual culture to a new level, gave new examples of reflection of the Kazakh reality. Abai justified a new worldview, new thinking, new values, which are fundamentally different from everything that was in the traditional culture of the Kazakhs. In the work "Words of Edification", the object of criticism is the traditional Kazakh society. Criticism has a constructive character, as a result of which universal problems, ideas of kindness, humanity, compassion, mercy, freedom and responsibility are raised. Abai forms a new approach to the concept of labor. The great thinker showed the role of work in the formation and development of a person, personality, that through work and activity it is possible to comprehend knowledge, science. Abay expressed a new approach to religion, he contrasted blind faith with a reasonable study of Islam, when they accept Iman not only as something sacred, but also know how to protect and strengthen it with reasonable arguments. Abay developed a new ideal of a perfect, true person, "tolyk adam", who strives for knowledge, is a moral person, recognizes freedom of choice and responsibility. The moral code of the great humanist is "Adam Bol". Abay, determining the status of a person in the world, notes that a person's mind, erudition, honor and charm make him beautiful and strong, he focuses on spirituality, knowledge, education and culture.

scholarly journals FINANCIAL AND ECONOMIC BASES OF THE FUNCTIONING OF STATE EXECUTIVE BODIES: PAST, PRESENT AND PROSPECTS OF IMPROVEMENT

2019 ◽  
Vol 5 (1) ◽  
pp. 126
Author(s):  
Oleksandr Mykolenko ◽  
Iryna Lychenko ◽  
Olena Klymiuk
Keyword(s):  
Executive Branch ◽  
Administrative Reform ◽  
Structural Method ◽  
Legal Regulations ◽  
Negative Effects ◽  
Scientific Methods ◽  
Legal Method ◽  
History Of ◽  
State Of Affairs ◽  
Definition Of

The aim of the article is to analyse legal regulations and perspectives available in the specialized literature concerning financial and economic bases of the functioning of state executive bodies, which should be strengthened and formed according to one of the areas of administrative reform in Ukraine. The subject of the study is financial and economic bases of the functioning of state executive bodies: past, present, and prospects of improvement. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to analyse the legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies. The comparative legal method was used to improve the system of executive bodies and their authorities’ exercise. The system-structural method enabled to consider and identify the most negative effects of the insufficient financing of executive branch activities and the exercise of their authorities. The methods of grouping and classifying were the basis for the author’s approach to the identification of forms of financing state executive bodies. The technical legal method enabled to interrogate the state of affairs in financial and economic bases of the functioning of state executive bodies. The results of the study enabled to highlight the drivers of the improvement of forms of financing state executive bodies. Practical implications. In the study, scientific sources and legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies are interrogated. The article highlights that strengthening and forming new financial and economic bases of the functioning of state executive bodies have been provided for by one of the areas of the Concepts of Administrative Reform, which nowadays is implemented both at the legislative and law enforcement levels. It was concluded that the formation of new financial and economic bases of the functioning of state executive bodies failed. There is only modelling of certain forms of financing of state executive bodies, familiar to the history of the origin and development of these bodies. Therefore, financial and economic bases of the functioning of state executive bodies should be interrogated by representatives of both administrative and financial law not only from a historical perspective or from a modern perspective but also with a view to the future. Relevance/originality. The original author’s approach to the definition of financial and economic bases of the functioning of state executive bodies is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals INITIATING LAW REFORM IN INDONESIA (FROM THE DIGNIFIED JUSTICE PERSPECTIVE)

2020 ◽  
Vol 3 (1) ◽  
pp. 14-25
Author(s):  
Christina Maya Indah S ◽  
Teguh Prasetyo
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Status Quo ◽  
Point Of View ◽  
Law Reform ◽  
Social Changes ◽  
Sociological Jurisprudence ◽  
Legislative Branch ◽  
The Status ◽  
The Government

It is argued in this article that a study on the law reform of a country is the study which related to understanding of a scientific paradigm which made up of the basic idea of a country’s legal system. The main argument in this article is that the basic idea ofma legalmrefom on a legal system must be build upon the enforcement of the juridical principles found and developed in the system. This is derived from a postulate of the Dignified Justice teory perspective.In this view legal virtues underpinning a legal system are examined together as one system of principles and rules or a legal system. Philosophically, or it is a theoretical and a paradigm that law is believed as inseparable from the legal science itself. This philosophy has been developed to make a correction to the sociological jurisprudence perspective, which mainly argued that each occurence of social changes in a legal system cannot be answered by regulation alone. The sociological jurisprudence point of view argues that law is confined to the status quo of a society. Many has argued that this sociological indicative has occurred in many civil law systems, in particular Indonesia, to be used as its best prototype. In the Indonesian legal system, law is positioned as rules and regulations made by the legislative branch of the government. In this perspective laws has been excluded from humanity almost altogether. This article argues that Pancasila as the Indonesia Legal System is the way to solve this problem. Since Pancasila is used as the basis of the State and the source of all legal sources. For this reason, it is interesting to examine how the Pancasila actually became a basis of values in initiating the project of law reform in Indonesia.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

Sign in / Sign up

Export Citation Format

Share Document