scholarly journals Biopolitics, biotechnologies, biomedicine, and biolaw as forms of bioregulation

2021 ◽  
Vol 108 ◽  
pp. 01009
Author(s):  
Aleksandr Anatolyevich Mokhov ◽  
Anatolii Nikolaevich Levushkin ◽  
Aleksander Nikolaevich Yavorskiy

Modern science, education, and medicine are increasingly becoming the primary agents of biopolitics. Biomedicine is emerging, and before our eyes, it is becoming a part of the social sphere and, in the long term, a part of the new economic order and one of the state’s main agents of biopolitics. In this regard, attention to ethical and legal issues in biomedicine will only increase in the coming years. The study’s objective was to determine the role and legal nature of biotechnologies, biopolitics, biomedicine, bioethics, and biolaw as forms of bioregulation. The methodological basis of this work was provided by general scientific methods of cognition of legal phenomena, such as synthesis, the method of analogy, formal logic, and others, as well as private, scientific methods of research of biotechnology, biopolitics, biomedicine, bioethics, and biolaw as forms of bioregulation. The issue is considered from the perspective of the concept of four “BIOs”: biotechnology-biosafety-bioeconomics-biopolitics. It is concluded that the role of not only bioethics but also the emerging biolaw in the implementation of biopolitics, i.e., policies aimed at the development of the economy, social sphere, and society, taking into account the new realities formed under the onslaught of modern biological technologies, is significantly increasing. Progress in biology and medicine led to the need to combine scientific and theoretical, and socio-cultural knowledge to solve society’s problems, bioethics began to take shape. The authors propose the accelerated development of biolaw as a supra-sectoral legal formation, allowing from the perspective of a systematic approach to combining the achievements of both established sectoral legal sciences (administrative law, civil law, etc.) and medical law, pharmaceutical law to solve new problems, leveling of biological threats, risks, ensuring biological safety. The development of biolaw cannot be done without the interdisciplinary approach provided by links with bioethics, biology, medicine, economics, public health, healthcare, and others.

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.


Author(s):  
Elina Sergeevna Sarygina

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.


2021 ◽  
Vol 7 (3A) ◽  
pp. 60-66
Author(s):  
Natalya I. Besedkina ◽  
Vasily V. Gushchin ◽  
Taimuraz E. Kallagov ◽  
Tatiana V. Larina ◽  
Zlata V. Makarchuk

The purpose of the article is to study the legal nature and essence of the categories of reasonableness and good faith in the field of private law regulation in the legislation of modern Russia. The methodological basis of the research was the general scientific dialectical method of cognition and the private scientific methods that follow from it: system-structural, concrete-sociological, technical-legal, historical-legal, and comparative legal methods. Their application allowed the authors of the article to study the objects under consideration in their interrelation, integrity, comprehensively and objectively. The article concludes that good faith is essential in filling the gaps in the legislation. It is not always possible to establish a single rule, to approve a norm that excludes unfair conduct. The gaps are not only due to legislative errors. Two factors have an important impact: the diversity of relations and their constant development in different areas (for example, e-commerce, financial markets).


2021 ◽  
pp. 95-104
Author(s):  
Ruslana Bezuhla

The article analyzes approaches to the study of phenomena and concepts of performativity, discourse and communication, and makes it possible to trace how various types of communication are interconnected in the structure of artistic culture. It has been established that in modern society, performativity, discourse and communication provide a higher level of generalization and prevalence than in previous historical periods, which leads to an expansion of the subject field for the study of these phenomena. The aim of the work is to research and systematize existing theories conceptualizing performativity, communication and discourse in the mode of humanitarian knowledge. This approach will contribute to solving the scientific problem of clarifying the conceptual and categorical apparatus of modern cultural studies and art history. Methodology of work. The theoretical and methodological basis of the study were philosophical and general scientific approaches, principles and methods that made it possible to analyze the phenomena of performativity, discourse and communication from different-vector positions: the method of generalization, made it possible to determine the place of performativity, discourse and communication in the worldview paradigm due to the analysis of ambiguous formulations and statements about the phenomena, which were presented in various sources; an interdisciplinary approach ensured the use of the latest theoretical developments in the social sciences and humanities; the sociological approach made it possible to consider the phenomena of performativity, discourse and communication at the macrosocial and microsocial levels.


2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.


Author(s):  
Anna Zhuikova

Taking into consideration the legal nature of evidence, we analyze the main procedural features of evidence widely used by persons participating in the case when resolving civil cases related to the protection of intellectual rights, such as screenshots of materials posted on Internet sites, electronic messages. We define the general features that characterize the indicated sources of evidence in this category of disputes. We point out, in particular, the objective influence of the procedural rules governing the rules of jurisdiction over intellectual disputes, as well as the substantive rules of Part 4 of the Civil Code of the Russian Federation, on the features of the development and provide evidence for the protection of intellectual rights in court, sources of evidence. We describe the relationship between the concepts of electronic documents, written evidence, and evidence generated through the use of the Internet. When applying general scientific methods of comparative analysis (in relation to certain sources of evidence) and deduction (in relation to the analysis of special norms through the prism of general, basic, main procedural institutions that regulate relations in terms of the legal nature and characteristics of the evidence presentation in the category of cases under consideration), we form the main conclusions in terms of possible options for the development of these procedural institutions. We prove the necessity of the proposed changes for the purpose of the subsequent optimal functioning, action and application of the norms governing the evidence process in this category of cases, the concept of “electronic text evidence” is introduced.


Author(s):  
E. V. Yakovleva ◽  
◽  
A. R. Terentyeva ◽  

Ensuring the economic reliability of industrial enterprises in the modern conditions of technological dynamics is a necessary and indispensable condition for the successful development and functioning of the enterprise in the long term. The results of the study aimed at substantiating the methodological approach to the formation of the mechanism of economic reliability of technological development of industrial enterprises are presented, which determines the theoretical significance and novelty of the results are shown. The basis of the study is general scientific methods of classification, generalization, comparison, analysis


2019 ◽  
Vol 91 ◽  
pp. 06004 ◽  
Author(s):  
Dzhaudat Faizrakhmanov ◽  
Alsou Zakirova ◽  
Guzaliya Klychova ◽  
Alfiya Yusupova ◽  
Aigul Klychova

The purpose of the article is to substantiate theoretical provisions and develop practical recommendations for the formation and disclosure of information on social responsibility of enterprises in the agrarian sphere of economy. The research objectives are as follows: to study and specify the economic essence of the notion of “corporate social responsibility”, to substantiate theoretical foundations and propose new methodological approaches of corporate social responsibility assessment and the formation of social reporting. The essence and content of corporate social responsibility, principles of formation and structure of the social report are studied with the help of such general scientific methods as systematic approach, comparison, economic-statistical method and data systematization and generalization method. The paper presents the main sections subject to including in the social report and suggests forms of social reporting, which include key performance indicators which help to assess the socio-economic performance of organizations in the agrarian sector of economy.


Author(s):  
Nadiia Pashkova

The purpose of the article is to analyze the views on the relation between sign and symbol in modern linguistics and cultural studies and to formulate a theoretical conclusion in order to avoid misunderstandings in scientific works. The methodology is based on the application of an interdisciplinary approach to the study of the central concepts of semiotics, linguistics, and cultural studies. In addition to general scientific methods of analysis and synthesis, a cultural-genetic method was used, as well as such linguistic methods as descriptive, comparative, methods of functional and conceptual-ideographic analysis. The scientific novelty of the study is that it first revealed the cause of differences in the interpretation of the relation between sign and symbol in traditional semiotics, modern linguistic and cultural studies, and formulated recommendations for their definition. Conclusions. It is proved that the opposition of sign and symbol in modern humanities is based on the special symbolism of the symbol, which distinguishes it from the other signs, classified by Ch. Pierce in traditional semiotics. Genetically, a symbol is a sign that has developed particular anthropogenic trait distinctions, contrasting with other signs, which nevertheless does not completely remove its sign properties and functions.


Author(s):  
Tamara Turko ◽  
Dmitriy Popikov ◽  
Natalia Kruchak

The world experience of most developed countries shows that the basis of their economic growth is the expansion of the spheres of activity of traditional sectors of the economy through the introduction of innovative technologies. In this regard, an understanding of the trends, characteristics and prospects of scientific and technological development will allow us to determine competitive advantages, identify bottlenecks, and set priorities in the development of long-term strategic documents for the development of not only the economy, but also the social sphere at the level of both the Russian Federation as a whole and individual territories. This, in turn, requires an assessment of the current state, dynamics and main factors of the formation of scientific and innovative potential. Since innovation potential is a multidimensional concept it is necessary, when assessing it and for comparing it between different territories, to bring it to a single integral indicator.


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