scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

RISK MANAGEMENT SYSTEM IN THE CUSTOMS POLICY MECHANISM

2020 ◽  
Vol 13 (2) ◽  
pp. 51-57
Author(s):  
V.N. Glaz ◽  
◽  
V.I. Berezhnoy ◽  
T.G. Martseva ◽  
E.V. Berezhnaya ◽  
...  
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
The State ◽  
The Other ◽  
State Control ◽  
Economic Interests ◽  
Economic Relations ◽  
International Economic Relations ◽  
Common Interests ◽  
The One

The mechanism of public policy in the regulation of public relations is built on the skillful combination of prohibitions of restrictions on the one hand, and laxity and opportunities on the other. But weakening state control may increase the level of risk to relationships. This is most clearly evident in international economic relations, where not only individual States that assume responsibility by becoming parties to conventions, agreements and treaties, but also individuals and entities that do not always support the policy of the State in the practice of implementing signed contracts, are parties. Russia pays special attention to a reasonable combination of the country’s economic interests and common interests within the framework of integration associations. The Russian customs authorities, represented by the Federal Customs Service, are one of the agents of state policy in this regard. The purpose of the activity is not only to administer the revenues from foreign economic activity to the budget, but also to protect the economic interests of the state, the participants of the foreign economic activity, professional intermediaries and individual consumers. Therefore, the development of a comprehensive policy of monitoring and assessment of customs risks will reduce the efforts of customs authorities to prevent possible offenses, and thus protect the interests of participants in foreign trade at any level.

scholarly journals JUSTICE IN MODERN RUSSIA: THE CONCEPT AND FEATURES

2018 ◽  
Vol 22 (4) ◽  
pp. 527-546
Author(s):  
Olga V Pankova
Keyword(s):  
Intrinsic Property ◽  
Subject Area ◽  
The State ◽  
Point Of View ◽  
General Definition ◽  
Judicial Reform ◽  
State Activity ◽  
Judicial Procedures ◽  
The One ◽  
Definition Of

The article reveals the essential characteristics of justice as a specific type of state activity; identifies the main features of justice that distinguish it, on the one hand, from other types of state activity, and on the other - from other types of judicial activity. The purpose of this article is to identify and analyze the features of justice in its modern sense. The versatility of this legal category as an ambivalent definition is reflected in its various characteristics, through the consideration of which the most general definition of justice is formulated in the work. The methodological basis of the article is the modern achievements of the theory of knowledge. In the course of research theoretical, General philosophical (dialectics, system method, analysis, synthesis, deduction), traditional legal methods (formal-logical) were applied. Turning to the question of the characteristics of justice, the author touches upon the problem of its broad and narrow understanding due to the increasing role of mediation, conciliation and arbitration as alternative forms of resolution of legal conflicts, as well as in connection with the empowerment of certain state bodies of jurisdictional powers, and concludes that, unlike a number of foreign countries, justice in Russia can be carried out only by state courts. Of considerable interest is also the study of the subject area of justice, which is related to the situation of legal conflict. In this context, the author's analysis of the concept of "legal conflict" and his proposed differentiation of such conflicts into types with subsequent consideration of each of them is quite legitimate. In the context of the formation of the new Russian statehood, the arbitration sign of justice acquired a different sound, which is considered in the work from the standpoint of the special jurisdictional procedural activity of the court and the situational nature of justice. Since the beginning of the modern judicial reform, objective changes in the activities of the courts associated with the emergence of simplified and writ proceedings that have simplified the procedure for the consideration and resolution of certain categories of administrative and civil cases, as well as the allocation of jurisdictional powers to other state bodies that are not part of the judiciary, but use quasi-judicial procedures, i.e. almost judicial procedures as close as possible to them, have significantly changed the attitude to the procedural form of justice, which has lost its former importance. In this regard, the author substantiates the point of view that nowadays in order to determine the qualitative nature of the jurisdictional bodies, it is necessary to identify, in particular, the distinctive features in each of the procedural forms. Revealing in more detail the content of methods and means of justice, the author touches upon the problem of correlation of this legal category with justice and on the basis of the analysis of different points of view comes to the conclusion that these concepts can not be considered as legal phenomena that coincide in whole or in part. Justice is rather an intrinsic property of justice, contributing to its perception as a social and legal value. As one of the most important signs of justice in the work is considered the state-power nature and reliability of judicial decisions, the execution of which involves the suppression of the will (freedom) or material deprivation of one of the parties with the use in certain cases of power and force of the state. In this regard, some attention is paid to the characterization of the binding nature of the judgment as one of its essential properties. Examining justice as categories which help to reveal the contents and legal merits of this form of state activity, in the definition of the given concept into a single, unified definition.

scholarly journals SEMANTICS OF THE VERBALITY ЖИТЬ IN RUSSIAN DIALECTS OF UDMURTIA

2021 ◽  
Vol 31 (2) ◽  
pp. 230-235
Author(s):  
E.A. Zhdanova
Keyword(s):  
Point Of View ◽  
The Other ◽  
Semantic Features ◽  
Literary Language ◽  
Historical Information ◽  
Lexical Semantic ◽  
Other Hand ◽  
The One ◽  
Definition Of

The article is devoted to the analysis of semantic features that are noted in the verb жить in Russian dialects of Udmurtia. As the analysis of the material of the corpus of Russian dialects of Udmurtia showed, this verb is found in contexts indicating values different from those known in the literary language. In connection with the need to clarify the layout of the corpus and create a dictionary of Russian dialects in Udmurtia, a definition of the semantics of this verb is required. The semantic features of a dialect word can be established both by linguistic factors: the syntactic role and lexical compatibility, as well as extralinguistic factors: the range of specific uses of the verb, historical information about the settlement of this territory, religious and ideological features of dialect speakers. For analysis, material from various lexicographic sources, as well as etymological information, was used. As a result of the study, an idea about the possibility of double interpretation of the semantics of the analyzed dialect word was formed: on the one hand, from the point of view of its implementation in dialect, as a syncretic unit, on the other hand, from the point of view of its lexicographic representation, as a set of lexical-semantic variants.

Two Kinds of Soft Facts

2018 ◽  
Vol 95 (1) ◽  
pp. 34-53 ◽  
Author(s):  
Ciro De Florio ◽  
Aldo Frigerio
Keyword(s):  
Point Of View ◽  
The Other ◽  
Future Contingents ◽  
The Past ◽  
Other Hand ◽  
Divine Knowledge ◽  
Soft Fact ◽  
The One ◽  
Definition Of

The concept of soft facts is crucial for the Ockhamistic analysis of the divine knowledge of future contingents; moreover, this notion is important in itself because it concerns the structure of the facts that depend—in some sense—on other future facts. However, the debate on soft facts is often flawed by the unaware use of two different notions of soft facts. The facts of the first kind are supervenient on temporal facts: By bringing about a temporal fact, the agent can bring about these facts. However, on the one hand, the determination of the existence of these facts does not affect the past; on the other hand, assimilating divine knowledge into this kind of facts does not help the Ockhamist. The authors will argue that, to vindicate Ockhamism, another definition of “soft fact” is necessary, which turns out to be much more demanding from a metaphysical point of view.

scholarly journals As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 585
Author(s):  
Luiz Henrique Urquhart Cademartori ◽  
Noel Antônio Baratieri
Keyword(s):  
Public Education ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Future Generations ◽  
Constitutional Amendment ◽  
Right To Education ◽  
Constitutional Evolution ◽  
The One ◽  
The Right

As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação Resumo: O artigo aborda os limites e as possibilidades de alteração de normas constitucionais que garantem vinculação orçamentária para funções típicas do Estado tais como a Educação Pública. O problema é saber se uma emenda constitucional supressiva da referida garantia orçamentária seria constitucional ou não. A hipótese que se suscita neste estudo procura delinear em que medida seria inconstitucional tal adoção, posto que estaria restringindo, indiretamente, um direito fundamental, no caso o direito à educação, mas, ao mesmo tempo, esta simples constatação encontraria entraves sob a ótica de uma democracia intergeracional. Considera-se, de uma parte, o direito à educação é protegido, originariamente, no âmbito constitucional brasileiro como cláusula pétrea, mas, de outra, gerações futuras ou problemas conjunturais governamentais posteriores à 1988 podem questionar a legitimidade de normas fundamentais originadas em contexto sociopolítico anterior. Para o desenvolvimento deste trabalho, primeiramente analisam-se as cláusulas pétreas e os limites ao poder reformador. A seguir, estudam-se as referidas cláusulas e a sua evolução constitucional. Posteriormente, faz-se uma análise da constitucionalidade de eventual emenda que suprima a vinculação obrigatória de receitas para a educação sob o prisma da proibição de retrocesso. Palavras chave: Cláusulas pétreas. Constituição. Educação. Retrocesso. Receitas públicas. Safeguard clauses: the possibility of constitutional reviewing the bonded educational income Abstract: The article deals with the limits and possibilities of altering constitutional norms that guarantee budgetary linkage to functions typical of the State as a Public Education. The problem is whether a constitutional amendment suppressing the standard budget guarantee would be constitutional or not. The hypothesis that arises in this study looks for what is necessary, is not a fundamental right, is not a case, but the same, this is a finding found obstacles from the point of view of an intergenerational democracy. It is considered, on the one hand, that the right to education is protected, originally, it is not very Brazilian constitutional as a stony clause, but, on the other hand, future generations or post-1988 governmental conjunctural problems may question the legitimacy of fundamental norms originated in context previous sociopolitical. For the development of this work, firstly they are analyzed like stone clauses and the limits to the reformer power. Next, they are studied as clauses of clauses and their constitutional evolution. Subsequently, an analysis is made of the constitutionality of any amendment that abolishes the mandatory binding of transfer to the critic of a prison of prohibition of retrocession. Keywords: Constitution. Education. Public income. Regression. Safeguard clauses.

scholarly journals Formation of the Economic Federalism Theoretical Model Based on the Dual State Nature

Federalism ◽  
2021 ◽  
Vol 26 (4) ◽  
pp. 75-88
Author(s):  
N. Yu. Korotina
Keyword(s):  
Legal Status ◽  
Methodological Approach ◽  
The State ◽  
The Other ◽  
Federal State ◽  
Binary Representation ◽  
Economic Interests ◽  
Economic Relations ◽  
The One ◽  
Regional Product

The complexity of the economic aspects of federal relations and the multidimensional nature of management tasks predetermines the need to comprehend the essence of the system of federalism. Therefore, the purpose of this study is to substantiate a model that, on the one hand, considers federalism as the concept of the creation and functioning of the state system and as a way of managing the economy of the federal state on the other. Application of an evolutionary methodological approach allowed the author to divide the fundamental theories of federalism into two groups: the one examines federalism as a power paradigm, focuses on the federal principles of building a state, political and legal status The other examines federalism as a mechanism for coordinating the economic interests of its participants from the position of providing resources for fulfilling the assigned state functions at each level of the federal structure. The first group of fundamental works allows us to single out the essential features of federal relations. The second group of works made it possible to determine the economic principles of the functioning of federalism relations. Based on the highlighted features and principles of economic relations of federalism the article presents the author’s view of the dual subject essence of the state. Firstly, as a carrier of federal relations as a construct that structures and formats the territorial-state structure, as a mechanism of management and organization that sets the formal conditions for the reproduction of the subjects of the federal state based on the possession of power. Secondly, as an actor, one of the participants in the economic cycle of reproduction of the gross regional product based on the resources of the public sector. The proposed binary representation of the state allows us to show not only its creating role in the system of economic federalism, but also includes the goals of the regional economy in the federal system.

Vacant inheritance, heirless inheritance and claims from Warsaw Decree (part II)

2019 ◽  
Vol 3 (3) ◽  
pp. 11-28
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Civil Code ◽  
The State ◽  
The Other ◽  
Inheritance Law ◽  
Other Hand ◽  
Current Article ◽  
The Law ◽  
Post War ◽  
The One ◽  
Definition Of

The second part of the article concerns the interpretation and application in the central parts of Poland of the provisions of the Napoleonic Code on vacant inheritances. The Code does not provide a definition of the vacant inheritance. The key to the interpretation of the provisions on the acquisition of vacant inheritances by the state is the term “is presumed to be” (a vacant inheritance) used in the former Article 811 of the Napoleonic Code (French: est réputée vacante), see the current Article 809 of the French Civil Code which omits the term “is presumed to be”).This indicates that, in the absence of suitable heirs, the law introduced a specific rebuttable presumption of a vacant inheritance, belonging to the state. Only after an appropriate period of time did the presumption turn into certainty, i.e. it resulted in the inability to invoke the inheritance title. In practice, this meant that thirty years after the time necessary to draw up an inventory of the inheritance and to deliberate (ad deliberandum), the inheritance ultimately fell to the State. The mechanism adopted in the Napoleonic Code made it possible, on the one hand, for the heir to acquire the inheritance, which remained under the supervision of a curator for the period when it was presumed vacant, and on the other hand, it prevented the existence of inheritances without a claimant, i.e. inheritances devoid of the persons entitled to take them over. In the post-war period, when the communist authorities passed subsequent legal acts concerning the provisions of the inheritance law, the deadlines for heirs to apply for inheritance changed. Ultimately, the legislator did not adopt the model of vacant inheritances in the regulations harmonising the inheritance law on the Polish lands since 1947; instead, a solution analogous to the one provided for in the German Civil Code of 1986 (BGB) was adopted. The “shortening” of the statute of limitations also influenced the assessment of the admissibility of further application of the provisions of the Napoleonic Code in regard to vacant inheritances during the period of the People’s Republic of Poland regime (despite the existence of different inheritance law solutions).

Social entrepreneurship in Russia: problems and prospects

2020 ◽  
Vol 22 (2) ◽  
pp. 92-96
Author(s):  
DMITRY V. ISAEV ◽  
Keyword(s):  
Social Entrepreneurship ◽  
Practical Experience ◽  
Legal Framework ◽  
Entrepreneurial Activity ◽  
Social Entrepreneurs ◽  
Non Profit ◽  
Russian Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Conceptual Foundations

The article is devoted to the problems and prospects of the development of social entrepreneurship in Russia. The author notes the need to stimulate this kind of activity and create an appropriate institutional and regulatory legal framework. However, there is no common understanding and definition of ‘social entrepreneurship’, which gives the existing experience and scientific research a fragmented character. In practice, the concept of social entrepreneurship as an activity aimed at generating commercial profit, rather than creating social value and solving social problems, is widespread. The article gives an attempt to identify the causes of this condition, analyzes existing research approaches and practical experience, as well as draws the appropriate conclusions and offers recommendations. The existing traditional and modern approaches to the interpretation of entrepreneurship as a special type of human activity are analyzed. The analysis showed that entrepreneurial activity is traditionally associated with innovation, risk, uncertainty and entrepreneurial profit. Particular attention is paid to existing research approaches to the study of ‘social entrepreneurship’ as a modern phenomenon. The characteristic features of ‘social entrepreneurship’ that distinguish it from other types of entrepreneurial activity are identified, the definitions existing in the Russian scientific environment that are most common when trying to draw up the theoretical and conceptual foundations of social entrepreneurship are highlighted. As a Russian experience, the activities of the non-profit partnership ‘The World of the Older Generation’, which not only unites social entrepreneurs, but also operates as an institution for the development of the social sphere, are considered. Conclusions are made about the research prospects in this area and directions for further study of social entrepreneurship are proposed. The author suggests examining the experience of social entrepreneurship accumulated in Russia when formulating recommendations for the further development of the regulatory framework.

Materialistic Psychiatry [Materialistische Psychiatrie]. (Monats. f. Psych. und Neur., Bd. ix, H. 1, 1901.) Juliusburger, Otto

1902 ◽  
Vol 48 (200) ◽  
pp. 162-162
Author(s):  
W. H. B. Stoddart
Keyword(s):  
Causal Relationship ◽  
Physical Phenomenon ◽  
Point Of View ◽  
The Other ◽  
Special Relation ◽  
Animal Psychology ◽  
Mind And Brain ◽  
The One ◽  
Definition Of

Dr. Weygandt, in an article entitled “Psychology and Cerebral Anatomy in Special Relation to Modern Phrenology,” which appeared in Die Deutsche Medizinische Wochenschrift, made the statement that the only true basis for the study of psychiatry is the acceptance of the doctrine of psycho-physical parallelism, and quotes Wundt's definition of this parallelism in support. Dr. Juliusburger feels it his duty to pen a somewhat indignant and scornful reply, and points out, in the first place, that whereas in 1863 Wundt, in his lectures, treated human and animal psychology from a monistic point of view, it is only in later years (1892) that he took up his dualistic standpoint of a psycho-physical parallelism, according to which, although with every psychical act there is a co-existent physical phenomenon, nevertheless these two manifestations are entirely independent of each other and have no causal relationship. Dr. Weygandt agrees with Ebbinghaus that mind and brain are not separable entities—the one a product of the other—but they are an actual combination, varying only according to the point of view from which we regard their manifestations; when viewed from within, these phenomena are psychical, when from without, physical.

scholarly journals “Bobok” as a Mirror of Surprise

2021 ◽  
Vol V (4) ◽  
pp. 157-174
Author(s):  
Svetlana Neretina
Keyword(s):  
World Literature ◽  
Emotional State ◽  
Point Of View ◽  
The Other ◽  
Life And Death ◽  
Physiological Processes ◽  
The One ◽  
Definition Of ◽  
True Definition ◽  
The Voice

The article considers the phenomenon, on the one hand, of a mirror, in which any thing, subject, person, first of all, is fixed in a reflection that makes it possible to observe oneself for the sake of self — understanding, on the other hand, the boundaries, mainly the boundaries between life and death, which can be crossed for the same purpose with the help of certain mental and physiological processes that affect the psycho — emotional state (in this case, sleep). Both phenomena, which seem similar, are in fact different: in one case, the emphasis is placed on contemplation, in the other — on speculation and hearing, tuned to the voice of another world. It is not by chance that Dostoevsky chose the place of the event: the cemetery as the border between life and death and the cemetery monument as a symbol of memory, where the hero “thought accordingly”. Since the hero of the story is in an inadequate state after the funeral, the theme of menippea, a seriously funny genre, appears as if by itself, especially since M. M. Bakhtin considered the story “Bobok” “one of the greatest menippe in world literature.” The author of the article considers Bakhtin's approach to the story from the standpoint of menippea justified, because he defines this genre not from the point of view of the effect it produces on the reader, but from the standpoint of the philosophy of action, which Bakhtin considered to be the true definition of this genre. The author draws attention to the “logic of turning”, or tropologic, on the basis of which the story is built with its oxymorons, comparisons, and irony. The story, according to the author, is characterized not by ambivalence, but by the convergence of beginnings and ends. The philosophical thought of one of the characters in the story correlates the thoughts of the living and the dead, i.e. those who are in different space-time realities, so that they seem to be embedded in each other. This similarity, which does not deprive the story of carnivalization, which always deals with duality, is internally focused on the idea of like-mindedness having one source, anticipating the question that has not yet been born about the way of modifying being in possibility into being in reality.

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