scholarly journals Frequency of using additional coefficients during the engineering-and-technical investigation of buildings

2021 ◽  
Vol 258 ◽  
pp. 09006
Author(s):  
Ivan Doroshin ◽  
Aleksandr Perunov
Keyword(s):  
Common System ◽  
Regulatory Documents ◽  
The Common ◽  
Definition Of ◽  
The Right

For definition of cost of works on the engineering technical investigation we need to apply some correcting coefficients presented in the article. These coefficients are recommended and show the difficulty of real investigation. We have found some other coefficients, that reflect the conditions of investigation more exactly, based on real works in certain investigation organization, that are not recommended in standards. For each coefficient we bring the frequency of its use, based on the data of certain organization. If the coefficient is used rather often but not always, we think it possible to obtain the right value of the coefficient. The obtained results for the coefficients are compared to the new regulatory documents. The comparison lets us say, that coefficients, brought in different documents vary. Moreover, for certain cases, met rather often in the practice of investigation, there are no coefficient in the recommended sourcebook. So we propose to create the common system of coefficients, based on statistics of several investigative organizations.

Public Interest as a Ground for Restriction of the Ownership Right

2018 ◽  
Vol 8 (7) ◽  
pp. 2157
Author(s):  
Elena Anatolyevna KIRILLOVA ◽  
Varvara Vladimirovna BOGDAN ◽  
Petr Martynovich FILIPPOV ◽  
Bela Bertovna BIDOVA ◽  
Olesya Genadyevna FILIPENKOVA
Keyword(s):  
Public Interest ◽  
Scientific Work ◽  
Systematic Analysis ◽  
Economic Relations ◽  
Common System ◽  
Private And Public ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
Ownership Rights

The public interest right as a ground for restriction of the ownership right is studied in this article. The notion of sustainable development, widely discussed in recent years at the international level, considers the thesis of balanced regulation of economic relations as one of the main principles of state policy. The balanced regulation of economic relations is impossible without clear definition of the areas of private and public interests in law, as well as without development of the common approaches to the notion, content, criteria, and principles of restriction of the ownership rights. The purpose of this study is to analyze public interest as a groundfor restriction of the ownership right. This scientific work is based on the dialectical method, in which each legal phenomenon is considered in development, in constant movement, and the contradictions of different levels within the framework of the common system are recognized as the internal impulses of development. The principle of systematic analysis of the limits of implementation and restrictions of private and public ownership rights is actively applied. The study proposes to expand the subject composition in legal relations on restriction of the ownership rights and to introduce a new subject of law (the ʽfuture generationsʽ), the interests of which may become the limit of the implementation of the ownership right; the authors' definition of the ʽinterest of the societyʽ is given, the conclusion is madethat the restrictions of the ownership rights are independent legal relationships, arising from the legal facts, based on the law. The proposal is substantiated that in the system of fundamental human rights and freedoms it is necessary to single out the right to property as the basic right of an individual (person), different from the ownership right. The right to property is a potential, yet unrealized opportunity for everyone to possess any property. The conclusions and proposals made in the study will make it possible to ensure the balance of the property interests of the owners and the society.

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

scholarly journals THE NOTION OF THE CLAIM: PROBLEMS OF DEFINITION

Lex Russica ◽  
2020 ◽  
pp. 28-40
Author(s):  
V. N. Ivakin
Keyword(s):  
Civil Rights ◽  
Public Law ◽  
Administrative Procedure ◽  
Legitimate Interest ◽  
The Russian Federation ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Latin Term

The main form of protection of civil rights (in the broad sense) is the form of action bringing, the impact of which has increased significantly as a result of the transition to a market economy. This form has gained even wider application with the adoption of the Code of Administrative Procedure of the Russian Federation of March 8, 2015, that has introduced the institution of an administrative action in relation to cases arising from administrative and other relations regulated in the context of public law. However, the question concerning the concept of the action, regarding which in the legal science several concepts are being applied, remains unclear and the paper examines different concepts dealing with the notion of the action. In particular, according to the author, the term “action” does not mean a legal act. This view is based on the common identification of the Russian term “isk” with the Latin term actio that literally meaning “action.” The article also subjects to extensive criticism an outdated doctrine about the action in procedural and substantive senses. Attention is also drawn to the shortcomings of the doctrine that treats the action as the unity of the two parties — procedural (the applicant’s claim to the court) and substantive (the applicant’s claim to the defendant). The author has examined the inconsistency of the doctrine of the lawsuit developed by G. L. Osokina treating the action as the claim to protect a right and at the same time to admit the existence of the right to bring an action in a procedural and substantive sense. Also, the article analyzes the shortcomings of the definitions of the action given by V. V. Yarkov and O. V. Isaenkova. In conclusion, the author substantiates and gives his own definition of the concept of the action as the request addressed to court by the person concerned, submitted and considered in a certain procedural order in order to protect the violated right. The concept under consideration is also defined as the right that requires confirmation, freedom or legitimate interest and the direct exercise of the right or the satisfaction of a legitimate interest for which another person is held liable.

What is the Common Good? The Case for Transcending Partisanship

Daedalus ◽  
2013 ◽  
Vol 142 (2) ◽  
pp. 84-94
Author(s):  
Mickey Edwards
Keyword(s):  
Political Parties ◽  
Common Good ◽  
Political System ◽  
General Election ◽  
Policy Outcomes ◽  
Men And Women ◽  
The Common Good ◽  
The Common ◽  
Definition Of ◽  
The Right

Even if most of us can agree on a definition of the “common good” (not a simple matter), there are substantial barriers to establishing public policies in accord with that agreement. The “democratic” element in our political system – the right of voters to choose the men and women who will create our laws – depends on the views of those voters being given considerable weight in determining eventual policy outcomes. Unfortunately, we have developed a political system – both in our elections and in the governing process – that gives disproportionate influence to relatively small numbers of voters (who are also the most partisan) and allows political parties through their closed procedures to limit the choices available to general election voters. Coupled with legislative rules that allow partisans to determine the makeup of legislative committees, the resulting process leaves the common good, however defined, a secondary consideration at best.

The Need for a Constitution in the United Kingdom

1979 ◽  
Vol 14 (3) ◽  
pp. 269-285
Author(s):  
Wilberforce
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Legal System ◽  
Common Law ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Flexible Instrument ◽  
The Common ◽  
Definition Of ◽  
The Right

I was not surprised when, from several alternative subjects, you chose, as the title of my Lecture, the need for a Constitution in Britain. Those of us without a written constitution are indeed, a select club—New Zealand, Israel, the United Kingdom.I will start with a quotation from Lord Salmon. In a recent lecture, he said: In this country [U.K.] we have an unwritten constitution. I have always regarded this as a blessing and never agreed with the theoretical objections to it. It is superbly flexible and above all it has stood the test of time. It works—and works admirably. But I am beginning to wonder whether it might not be wise to evolve, not an elaborate written constitution but perhaps the equivalent of a modern Bill of Rights. A statute which should lay down our basic freedoms, provide for their preservation and enact that it could not be repealed save by, say, a 75% majority of both Houses of Parliament.One can recognize in this passage the views of an eminent common lawyer, believing in the strength and potentialities of the common law as a flexible instrument, in, of course, the right hands: of one who believes deeply in human freedom, and who is concerned about the threat to it: who desires an explicit definition of the basic liberties and who believes that these can be protected by a sufficiently strong, entrenched, legal system. In this he undoubtedly reflects the views of many people, probably of the majority of ordinary men.

scholarly journals Advertisement as a mean of manipulative influence on the consumer: language and style

Obraz ◽  
2019 ◽  
Vol 3 (32) ◽  
pp. 64-69
Author(s):  
Oksana Livitska
Keyword(s):  
Advertising Effectiveness ◽  
Modern World ◽  
Common System ◽  
Tv Advertising ◽  
The Common ◽  
The Right ◽  
Power Of Words ◽  
The Impact ◽  
Potential Customers

Introduction. The study describes different expressive means and devices which are used in TV advertising texts. Advertising has taken a dominant place on television and radio, in newspapers and magazines, and on the Internet. Advertising has become a conglomerate that has covered almost every area of our lives. The relevance of the study. The increasing role of advertising in the modern world has led to an increased interest in the study of this social phenomenon among scholars in various fields. A text is one of the most important components of advertising and a means of manipulation. Creating an effective, influential advertising text, which excites the consumer desire to buy an advertised item, requires the precise selection and a successful combination of words. So we can speak about the relevance of language study of advertising texts, which has a significant impact on the effectiveness, comprehensibility of TV advertisement, and its perception. The methodology. The following methods were used in the study: typological (identification and ordering of expressive means in TV advertising texts); functional (clarifying the role of the above-mentioned means); structural (identification of relationships between components of the common system); hermeneutic (in-depth interpretation of the semantic load of expressive means). Results: different expressive means and devices are used in TV advertising texts in order to provide the success of the advertised product, to create an attractive image of goods, services for potential customers, and to ensure a certain level of demand for goods. In order to attract more attention to their products manufacturers and advertisers take into account the power of words, so they use a large number of tropes: epithet structures, metaphors, hyperbole, comparisons. Such lexical expressive means significantly enrich advertising texts, contribute to their easy memorization, maximize the advertising effectiveness. Conclusions: So epithet structures, metaphors, hyperboles, comparisons are important elements of advertising texts that provide the impact of high-intensity on consumers, creating a certain emotional effect, reduce the distance between the object of advertising and its consumer, show the advantages of the advertised product over others, provide the opportunity to influence on the minds of the audience. Thus, the above means have a high manipulation potential, become the basis for the transfer of the basic idea of the advertisement itself, push the consumer to the right opinion, and therefore motivate to purchase the advertised product or service. Keywords: expressive means, manipulative influence, advertising text, TV advertisement.

The Science of Rock Art Research

2017 ◽  
Author(s):  
Guy Gibbon
Keyword(s):  
Scientific Method ◽  
Rock Art ◽  
Research Association ◽  
Social Psychological ◽  
Physical Sciences ◽  
Social Scientists ◽  
The Common ◽  
Art Research ◽  
Definition Of ◽  
The Right

This chapter discusses the science of rock art research within the context of what science is and its process. It begins by considering the definition of science and the similarities shared by the multitude of natural and social sciences. It then examines how science works, with particular emphasis on the typical steps in the scientific method. It also looks at the common difficulties cited by social scientists trying to replicate the methodology of the physical sciences. Finally, it presents a basic seven-step version of the process of science that emphasizes the right (social, psychological) side of the spectrum of science and its application to rock art research. It suggests that the science of rock art research is a global community endeavour that may include researchers, students, educators, technicians, amateur enthusiasts, and organizations such as the Australian Rock Art Association and the American Rock Art Research Association.

1. Introduction to the law of evidence

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
European Convention ◽  
Law System ◽  
Rules Of Evidence ◽  
The Common ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
Law Of Evidence ◽  
The Impact

This chapter provides an overview of the law of evidence. It discusses the definition of evidence and how the law of evidence differs from the science or philosophy of evidence; the characteristics of the judicial trial that demand a particular legal approach to the presentation and use of evidence including, on occasion, its exclusion; the development of the rules of evidence in the common law system and the factors that influenced this; the classification of the rules of evidence; and the impact of the European Convention on Human Rights, in particular the provisions relating to the right to a fair trial.

UKRAINIAN EMIGRATION AFTER WWII: HISTORY IN THE LIGHT OF IDEOLOGICAL AND POLITICAL CONFLICTS

2019 ◽  
pp. 84-91 ◽  
Author(s):  
Kateryna Kobchenko
Keyword(s):  
Third Wave ◽  
Political Conflicts ◽  
Political Sovereignty ◽  
Political Views ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
Political Groups ◽  
Political Opinions

The main topic of the article is the analysis of political views and ideological conceptions of the Ukrainian political emigration after WWII also known as the Third wave of Emigration. According to the done overview it is shown, that the Ukrainian political emigration of the after-war period was politically and ideologically heterogeneous community which activity in political area on theoretical and practical levels had mostly conflicting character. The common principles were however the idea of the national independent of Ukraine as well as aspiration to overthrow of the Soviet communist power. Meanwhile the differences in the views of the most influenced political circles consisted in various strategies and tactics of the liberation struggle, in search for allies and the definition of their own role in the liberation movement. An important point for elaboration of principles and methods of the national liberation was the attitude to the Soviet Ukraine, and the positions of different political parties in this case were extended from its recognition as formal and limited form of the national statehood till the deny of its political subjectivity and proclaiming it as a territory occupied by Moscow bolshevist power. An important aspect of the question of attitude towards Soviet Ukraine by different political groups was the fact of the membership of the Ukrainian SSR in the UNO as well as the interpretation of the international and legal role of this fact in the context of defending of political sovereignty and rights of Ukraine. On these examples it is shown, that political views of the Ukrainian emigration constituted a wide pluralistic spectrum from the left to the right political opinions.

Politieke beroepsethiek en politieke corruptie

Res Publica ◽  
1980 ◽  
Vol 22 (4) ◽  
pp. 633-655
Author(s):  
Bertrand J. De Clercq
Keyword(s):  
Common Good ◽  
Political Process ◽  
Abuse Of Power ◽  
The Public ◽  
Democratic Principle ◽  
Systematic Exploration ◽  
The Common ◽  
Definition Of ◽  
The Right ◽  
Legislative Measures

«Without a theory of corruption there cannot be a remedy for corruption unless by happy accident» (J.Q. Wilson). There are empirical theories, such as the functional approach of the political process, but how useful they may be, they essentially fall short. One needs a normative, i.e. an ethical theory of political  action.After having evaluated the idea, that politicians and rulers have the right to make use of violence, lies and ruses in order to combat violence and ruse within the community, the article draws some important conclusions from the general democratic principle «no power without control and possibility of sanction by those being subject to that power».Applied to the problem of corruption, this principle can be used as a guideline for a systematic exploration of the structural sources of corruption, defined in a general way as abuse of power («détournement de pouvoir»). The main thesis reads as follows. The sources of corruption are to be found in those «deficiencies of the system» that create chances for a particular pressure of power to exert an overweight - without possibilities of control and sanction - in the processes of actual definition of the «public interest» or the «common good».An elaboration of the thesis is made by means of an analysis of this kind of «deficiencies» in the Belgian political-administrative system, most of them however not specific for the Belgian situation in particular.Finally, some suggestions for «remedies » against corruption are made, especially in the field of legislative measures.

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