Subject of Law: Sociologist’s Opinion

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Наталья Хлопаева ◽  
Natalya Khlopaeva
Keyword(s):  
Legal Status ◽  
Comparison Method ◽  
Legal Consciousness ◽  
Synthesis Methods ◽  
Historical Method ◽  
State Management ◽  
Management Concepts ◽  
Analysis And Synthesis ◽  
Service Oriented ◽  
General Scientific

This article reviews the behavioral aspect of law as one of core factors of laws’ efficiency. In order to overcome gaps between law-making, legal consciousness and law enforcement, the author suggests investigating motives of the subject’s choice of this or that strategy for its legal status’ enforcement. On the basis of general scientific cognitive methods such as comparison method, historical method, analysis and synthesis methods, the author offers her own model typology through which the subject of law enforces its status. Factors of efficient enforcement of a government employee’s status are considered in the context of the administrative reform, as well as the global tendency to transition to the concept of a service-oriented state. The author identifies ways of overcoming restrictions in the process of assimilation of management concepts and technologies from business into the state management sphere. The author suggests expanding the list of government employees’ performance indicators through the inclusion of qualitative criteria, as well as through implementation of relevant educational programs.

Peculiarities of Individual Judicial Regulation of Relations with Participation of Peasant (Farm) farms

2021 ◽  
Vol 2 ◽  
pp. 27-33
Author(s):  
V.A. Chirkova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Peasant Farm ◽  
Legal Document ◽  
General Scientific ◽  
The Law

The legal regulation of relations with the participation of peasant (farmer) farms is complicated by the absence of a single legal act that would consistently cover all the rules governing the creation and activities of known types of peasant farms, which include: a sole peasant farm represented by an individual entrepreneur, a contractual association of citizens without the formation of a legal entity and peasant farms as the legal form of a legal entity. Individual judicial regulation, possessing a sign of feedback for legal regulation, can help increase its effectiveness. The purpose is to study the characteristics of individual judicial regulation of relations with the participation of peasant (farmer) enterprises on the example of individual judicial acts, as well as suggesting ways to resolve the problems identified. To achieve the stated goal, the following tasks were set: – designation of peasant farms confirmed by court decisions on disputes involving them; – the identification and study of the features of individual judicial regulation of relations with the participation of these types of peasant farms; – consideration of the possibility of application by courts of an analogy of the law in relation to peasant farms; – suggesting ways to address the identified problems of individual judicial regulation of relations with the participation of peasant farms. The methodological basis of the study consists in the use of general scientific (dialectics, analysis and synthesis) and private scientific research methods (formal legal, document analysis method). Brief conclusions of the study. 1. The marked differentiation of types of peasant farming makes it possible to specify the features of legal and individual regulation of each of them, and also makes it possible to exclude the accidental application of improper legislation in relations with the participation of peasant (farm) farms. 2. To determine the characteristics of individual types of farms, it is necessary to accurately determine the basis for the occurrence of each of them. 3. The application of the analogy of the law to peasant farms as partnerships or societies should be excluded, and the full identification of farms with these legal entities should not be allowed. 4. A special law that would determine the particular legal status of the peasant economy as a legal entity in accordance with clause 5 of article 86.1 of the Civil Code has not yet been adopted.

scholarly journals The Crisis (of Idea) of European Union: Conditions and Possibilities to Overcome

2019 ◽  
Vol 12 (8) ◽  
pp. 53
Author(s):  
Amra Nuhanović ◽  
Jasmila Pašić
Keyword(s):  
European Union ◽  
Focal Point ◽  
Synthesis Methods ◽  
Important Conclusion ◽  
Scientific Methods ◽  
Historical Method ◽  
Analysis And Synthesis ◽  
Inductive Methods ◽  
Migration Crisis ◽  
The Eu

Focal point of research is crisis (of idea) of European Union (EU), and conditions and possible directions of its overcoming. The authors have come to very important conclusion, regarding the fact that the Union is facing a great challenge, unity and further integration is needed in order to overcome many weaknesses and ensure further development, prosperity and unity. Building a common European identity, the economic crisis, the euro crisis, the migration crisis, exit of the Great Britain from the EU are all the weaknesses facing the EU and they are posing a threat to EU unity. The sustainability of the EU concept is brought into question and there is an obvious need for changes in its action. Basic scientific methods used in the research: deductive and inductive methods, methods of analysis and synthesis, methods of abstraction and concretization, and economic-historical method.

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

scholarly journals Methodology for assessing the budgetary security of regional infrastructure provision (case study of the Komi Republic)

2020 ◽  
Vol 217 ◽  
pp. 07013
Author(s):  
Elena Karanina ◽  
Mihail Kyzyurov
Keyword(s):  
Comparison Method ◽  
Komi Republic ◽  
Synthesis Methods ◽  
Mathematical Methods ◽  
Regional Budget ◽  
Infrastructure Provision ◽  
Analysis And Synthesis ◽  
Security Indicators ◽  
Budget Component

The aim of the study is to analyze methodological approaches to assessing the budget component of financial and budgetary security and to develop a methodology for assessing the budgetary security of a region on their basis. In the process of research, statistical and mathematical methods were used, a comparison method, an indicative method, analysis and synthesis methods. A brief description of the main approaches and methods for assessing the regional budget security is given, and the most significant indicators are selected that allow diagnosing threats to the budget component of the regional financial and budget security. The article presents the author’s methodology for assessing the budget component of the financial and budgetary security of the region, a set of indicators and threshold values for its implementation is formed. The proposed methodology has been tested on the example of the analysis of budget security indicators of the Komi Republic.

scholarly journals THE POSSIBLE SUBJECTS WITH PUBLIC AUTHORITY IN EUROPEAN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 822-826
Author(s):  
Fedor F. Chaplickij ◽  
Marina V. Markhgeym ◽  
Marina S. Savchenko ◽  
Viktor N. Strukov ◽  
Sergey A. Zaporozhets
Keyword(s):  
Eastern Europe ◽  
Legal Status ◽  
Public Authority ◽  
European Countries ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Scientific System ◽  
Legal Fact

Purpose: This study was aimed at analyzing the constitutional consolidation of the oath in the states of Eastern Europe, using various criteria. Methodology: The present study was carried out based on a dialectical approach to investigate legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of the study were systematized with a certain sequence and set out taking into account recipients of the oath; identification of the oath as a legal fact for acquisition/loss of the legal status of a subject of public authority, and general and specific provisions in the texts of the oath. Applications: This research can be used for the universities, teachers and politic students. Novelty/Originality: In this research, the model of public authority in European countries is presented in a comprehensive and complete manner.

scholarly journals MONTAGE AS THE UNIVERSAL CREATIVE DEVICE: INTERDISCIPLINARY APPROACH

10.23856/3608 ◽  
2019 ◽  
Vol 36 (5) ◽  
pp. 73-83
Author(s):  
Liudmyla Korotkova
Keyword(s):  
Interdisciplinary Approach ◽  
Literary Work ◽  
Theoretical Research ◽  
Historical Method ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of this paper is to prove the hypothesis: montage is the universal creative device which is present in nature, culture and art. The evolution of this device is considered in cinematography, methods of using montage in various kinds of art are generalized. Methods used in the study: general scientific (analysis and synthesis, induction and deduction), methods of theoretical research (from abstract to concrete), historical method. As a purely technical method, montage is used everywhere, starting with the unforgettable past. The goal of literary montage is to bring the reader closer to an understanding of completely different characters as it was before. Montage is inherent in works of painting; it is applied to photo and is also used in music. Music – a sound and dynamic art, painting and photography – visual and static, basing on a literary work, is theatre.

scholarly journals LEGAL TERMINOLOGY PHENOMENON IN THE CONTEXT OF MODERN LEGAL SYSTEM EVOLUTION

2019 ◽  
Vol 7 (4) ◽  
pp. 1291-1295
Author(s):  
Vladislav Yu. Turanin ◽  
Evgenii E. Tonkov ◽  
Irina A. Kuprieva ◽  
Lyubov A. Pozharova ◽  
Neonila A. Turanina
Keyword(s):  
Legal System ◽  
Synthesis Methods ◽  
Education Students ◽  
Scientific Methods ◽  
System Evolution ◽  
Legal Standard ◽  
Analysis And Synthesis ◽  
Two Factors ◽  
Present Context ◽  
General Scientific

Purpose: This study aimed to determine the legal terminology phenomenon in the context of modern legal system evolution. Methodology: In the present research different general scientific methods and ways of logical cognition are used. Analysis and synthesis methods were applied for the studying purpose of legal terminology entity and also its conversion to a legal terminological system. Result: On the basis of the Russian legal system periodization stages of the legal terminological system forming were marked out. In the present context the attention to logical and legal circumstances that directly influence emergence of legal terms is paid. These terms serve as premises for legal terminological systems appearing: need to express an entity of the new legal phenomenon or process; need for its language denomination, visualization, and, respectively, systematic conversion of a legal idea to legal standard. Evolution features of a legal terminological system in terms of its consecutive change occurring under the influence of two factors are investigated: terminological continuity and differentiation. Applications: This research can be used for the universities, teachers and education students. Novelty/Originality: In this research, the model of the legal terminology phenomenon in the context of modern legal system evolution is presented in a comprehensive and complete manner.

scholarly journals FEATURES OF STATE REGULATION OF EDUCATION IN THE CONTEXT OF THE FORMATION OF THE SOCIAL STATE

2018 ◽  
pp. 9-16
Author(s):  
Tetyana Vasylieva ◽  
Vorontsova Anna ◽  
Mayboroda Tetyana
Keyword(s):  
Synthesis Method ◽  
Social Institution ◽  
Comparison Method ◽  
State Regulation ◽  
Social State ◽  
Current State ◽  
State Education ◽  
The Social ◽  
Analysis And Synthesis ◽  
General Scientific

Introduction. In today's economic conditions, there is a transformation of the priority of the country's development from the economic to the extra social, which is connected with the existing concept of a social state. Education, as an important social institution, is also affected by these changes, which leads to further research in the context of its state regulation. Purpose. The article aims to determine the peculiarities of state regulation of the field of education in the context of the formation of a social state. Method (methodology). To achieve this goal, the following general scientific and special methods are used: method of induction and deduction, method of logical generalization, method of analysis and synthesis, method of comparison, method of grouping. Results The essence of the concept of a social state and its connection with the institute of education has been investigated. Its historical formation, the basic principles and functions have been considered. The main models of the social state and the current state of its development have been analysed, taking into account the educational component.

scholarly journals Particular characteristics of recidivism of foreign criminals subjected to conviction in Russia

2021 ◽  
Vol 108 ◽  
pp. 02018
Author(s):  
Leonid Vitalievich Smirnov ◽  
Valentin Stanislavovich Kharlamov
Keyword(s):  
Russian Federation ◽  
Research Problem ◽  
Synthesis Methods ◽  
Recidivism Rate ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Age Range

Russia is attractive to foreign citizens not only for its originality which lies in the beauty of people and nature or in the presence of unique attractions. They are also attracted by the possibility of doing work and business. However, not all foreign citizens are law-abiding. Some of their representatives are distinguished by illegal behavior. It happens that noncitizens of Russia commit crimes. Purpose of the research: to consider the state, structure and dynamics of crimes of foreign citizens in the Russian Federation; to work out the categories of crimes for which they are convicted; to give information about representatives of foreign countries dominating places of imprisonment; to assess the nature of the repetition of crimes committed in Russia by foreign immigrants; to reveal their age range and give information about the commission of repeated crimes in Russia by foreigners who have served their sentences in domestic correction facilities. Methods: the work based on a systematic approach widely uses general scientific and specific scientific methods. General scientific methods, such as logical, structural-functional, analysis and synthesis methods, made it possible to identify the features of the foreigners’ recidivism risk in Russia. Modern criminological concepts based on such specific scientific methods as the method of interpretation and the methods of interpreting documents have successfully fostered the development of the research problem. Main results: the research made it possible to assess the nature of “foreign crime” in the Russian Federation and the recidivism rate of foreign immigrants. Novelty: the research shows the contingent of foreign citizens serving sentences in Russian correction facilities and differentiated by categories of crimes; it also presents their criminological features, reveals the post-penitentiary recidivism of foreign immigrants, it gives a comparative assessment of foreigners’ repeated crimes in Russia and at home.

scholarly journals LEGAL STATUS OF THE COURT SESSION SECRETARY IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
pp. 55-66
Author(s):  
Kateryna Kutsenko ◽  
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Legal Protection ◽  
Civil Servants ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Impact

The scientific research is focused on the legal status of the court session secretary in civil and administrative proceedings. The purpose of the article is to determine specific features of the legal status of the court session secretary. The objective of the research is to develop recommendations for amending the current legislation to improve the legal status of the court session secretary. The methodological basis of the research constituted general scientific and special legal methods of cognition. The author has used the method of philosophical dialectics among the general scientific methods, which is revealed through the methods of analysis and synthesis, ascent from simple to complex, from abstract to concrete, modeling, abstraction, idealization and formalization. The special legal methods used in the research combine systemic, theoretical and legal, formal and dogmatic, comparative and legal methods of cognition, as well as the method of state and legal modeling. The norms of legislative acts and by-laws regulating the legal status of this official have been analyzed. The author has defined specific features of the legal status of the court session secretary related to the public service, belonging to the court administration, place and significance in civil and administrative proceedings. Specific features of the legal status of the court session secretaries are to apply the rights and responsibilities of civil servants to them; to appoint them to the position based on the results of the competition; the submission of a declaration of their property status for the previous year before the appointment; to apply restrictions of civil servants and anti-corruption restrictions for them. Remuneration, social and legal protection of the court session secretaries are determined in accordance with the legislation on public service; they exercise their powers within the internal labor regulations established for court staff, they comply with the rules of conduct for court employees and ethical requirements for civil servants in relations with court staff and visitors. Among specific features of the legal status we should name the existence of special grounds for bringing to disciplinary liability, the focus of powers on organizational provision of the case hearing by a judge, the impact of the nature of communication (interaction) of the court session secretary with the participants in the trial on the authority of the judicial power in society, the possibility to file the motion to recuse the court session secretary in civil and administrative proceedings. The author as a result of studying the researched problem has formulated own definition of the “legal status of the court session secretary”. It has been offered to amend the current legislation, which determines the legal status of the court session secretary.

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