Social Concept of Law: A New Approach

10.12737/5274 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 32-37
Author(s):  
Сария Нанба ◽  
Sariya Nanba ◽  
Юрий Тихомиров ◽  
YUriy Tikhomirov ◽  
Фатима Цомартова ◽  
...  
Keyword(s):  
Social Services ◽  
Self Regulation ◽  
Legal Culture ◽  
Legal Consciousness ◽  
Social Efficiency ◽  
Public Interests ◽  
New Approach ◽  
Behavioral Mechanism ◽  
Private And Public ◽  
The Right

Social conception of right is presented in the article. The aims of conception it is been forming of behavioral mechanism of law, and also combination of private and public interests. On the basis of social conception of right the models of her realization are offered: “conservative”, “pessimistic”, “optimistic”. Elements are offered models that are the form of expression of substantive provisions to conception. Elements it is been: aim, social interest, measure of legitimity, methods of the socially-legal affecting behavior, self-regulation, legal consciousness and legal culture et al. Methodologies of measuring of social efficiency of the legal adjusting are also offered in the article. Authors consider actual next methodologies: level of legal knowledge, legal being informed, legal culture, relation of citizens to the right; satisfaction providing of social services; estimation of quality and availability of public organs; estimation of character and volume labour.

Legal views of E. Olesnytsky

2020 ◽  
pp. 39-48
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Legal Protection ◽  
Legal Culture ◽  
Political Activity ◽  
Practical Significance ◽  
Comparative Approach ◽  
Public Interests ◽  
Cooperative Movement ◽  
Special Scientific ◽  
General Scientific ◽  
The Right

Purpose. The purpose of the study is to analyze the legal and state views of E. Olesnytsky, in particular his assessment of imperial law, as well as practical activities as a lawyer and one of the initiators of the cooperative movement in Galicia in the early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism. The key was the biographical method and the comparative approach, which allowed to reveal the peculiarities of the formation of legal views of E. Olesnytsky. Findings. It is established that through the prism of the analysis of political and legal views of E. Olesnytsky it is possible not only to trace the level of legal culture, social and political activity of the population of Galicia, but also to determine the practical content of imperial legislation. The influence of I. Franko and socialist ideas in general on the legal views of E. Olesnytsky, who was one of the founders of the «Сhasopys Рravnycha», actively analyzed the imperial regional legislation for expediency, rationality and compliance with public interests. This work was key in raising the level of legal culture of the population, and after 1891 it was supplemented by the legal activity of E. Olesnytsky. Among the regional legislation, the lawyer's special attention was drawn to the right of propination, which gave large landowners a monopoly on the production and sale of alcohol. After 1901, E. Olesnytsky focused on the development and popularization of the cooperative movement in Galicia, including the legal protection of producers and sellers of agricultural products. Originality. The directions of E. Olesnytsky's professional and professional interests in the field of economic and financial law of Austria-Hungary, advocacy and organization of the cooperative movement are determined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

scholarly journals Dualism of Public Relations Regulation (Legal and Regulatory Regulation)

2021 ◽  
pp. 7-16
Author(s):  
V. F. Popondopoulo ◽  
Keyword(s):  
Public Relations ◽  
Power Relations ◽  
Self Regulation ◽  
Public Law ◽  
Regulatory Regime ◽  
Private And Public ◽  
The Law ◽  
Legal Forms ◽  
The Right

The article examines the issues of differentiation of the regulation of public relations, defined primarily by the differentiation of public relations, and then inherent in their legal forms (based on self-regulation) and external regulatory forms (based on power regulations). The need to renounce the traditional differentiation of the right to industry, including its division into so-called private and public law, is justified because it reflects external forms of expression of law, i.e. differentiation of legislation governing a variety of public relations, divided into private and public relations. The notion of dualism (pluralism) of the law must be replaced (or at least interpreted) with the notion of dualism of the regulation of public relations, meaning legal and regulatory regulation, with all the ensuing consequences. Such an approach implies the need to clarify the entire terminology range of jurisprudence. This article discusses issues such as the legal and regulatory regime (mechanism) of public relations regulation, legal and regulatory principles for regulating public relations, legal and regulatory legal facts, as circumstances that are the basis for the emergence, change and termination of legal relations and power relations.

scholarly journals Learning 2-in-1: Towards Integrated EEG-fMRI-Neurofeedback

2018 ◽  
Author(s):  
Lorraine Perronnet ◽  
Anatole Lécuyer ◽  
Marsel Mano ◽  
Mathis Fleury ◽  
Giulia Lioi ◽  
...  
Keyword(s):  
Parietal Lobe ◽  
Brain Activity ◽  
Self Regulation ◽  
Imagery Task ◽  
New Approach ◽  
Feedback Strategies ◽  
Activity Measures ◽  
Early Effects ◽  
Types Of Information ◽  
The Right

ABSTRACTNeurofeedback (NF) allows to exert self-regulation over specific aspects of one’s own brain activity by returning information extracted in real-time from brain activity measures. These measures are usually acquired from a single modality, most commonly electroencephalography (EEG) or functional magnetic resonance imaging (fMRI). EEG-fMRI-neurofeedback (EEG-fMRI-NF) is a new approach that consists in providing a NF based simultaneously on EEG and fMRI signals. By exploiting the complementarity of these two modalities, EEG-fMRI-NF opens a new spectrum of possibilities for defining bimodal NF targets that could be more robust, flexible and effective than unimodal ones. Since EEG-fMRI-NF allows for a richer amount of information to be fed back, the question arises of how to represent the EEG and fMRI features simultaneously in order to allow the subject to achieve better self-regulation. In this work, we propose to represent EEG and fMRI features in a single bimodal feedback (integrated feedback). We introduce two integrated feedback strategies for EEG-fMRI-NF and compare their early effects on a motor imagery task with a between-group design. The BiDim group (n=10) was shown a two-dimensional (2D) feedback in which each dimension depicted the information from one modality. The UniDim group (n=10) was shown a one-dimensional (1D) feedback that integrated both types of information even further by merging them into one. Online fMRI activations were significantly higher in the UniDim group than in the BiDim group, which suggests that the 1D feedback is easier to control than the 2D feedback. However subjects from the BiDim group produced more specific BOLD activations with a notably stronger activation in the right superior parietal lobe (BiDim > UniDim, p < 0.001, uncorrected). These results suggest that the 2D feedback encourages subjects to explore their strategies to recruit more specific brain patterns. To summarize, our study shows that 1D and 2D integrated feedbacks are effective but also appear to be complementary and could therefore be used in a bimodal NF training program. Altogether, our study paves the way to novel integrated feedback strategies for the development of flexible and effective bimodal NF paradigms that fully exploits bimodal information and are adapted to clinical applications.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

Balance of private and public interests in the field of entrepreneurial activity during the period of taking measures to ensure the sanitary and epidemiological welfare of the population

2020 ◽  
pp. 495-502
Author(s):  
Anton Bibarov-Gosudarev
Keyword(s):  
State Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Public Interests ◽  
Counter Measures ◽  
Balance Of Interests ◽  
Private And Public ◽  
Coronavirus Infection ◽  
The Right

The work is devoted to the issue of determining the balance of interests of the entrepreneurial community, society and state. We conduct a fairly detailed analysis of the reasons for the restrictions imposed due to the spread of new coronavirus infection COVID-19. We work on the concepts of “public interest” and “private interest”, we investigate the limits of restric-tions that the state has the right to impose in terms of entrepreneurial activity regulation. We substantiate the conclusions that the tasks of entrepreneur-ship’s state regulation indicate that state regulation is necessary not only for the state, but also for entrepreneurs themselves. And the introduction of re-strictions, despite all their painfulness, was beneficial in the long term for en-trepreneurs. We also emphasize that these restrictions are not always propor-tionate and adequate to the current conditions. In the course of the study, we conclude that the restrictions should be thoughtful, understandable and justi-fied, while the state should think about counter measures of support, since in fact, in the current situation, the entrepreneurial community shared with the state all the risks and severity of consequences from the complication of the sanitary and epidemiological situation in the country.

scholarly journals Rule of law as a national phenomenon people's consciousness

2019 ◽  
pp. 58-67
Author(s):  
Olena Panchenko
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
Personality Structure ◽  
Natural Basis ◽  
Main Thrust ◽  
The Rule Of Law ◽  
The People ◽  
The Right

The article is devoted to the study of the rule of law as a social phenomenon, which is formed and viewed by us through the national legal consciousness of the people. These philosophical and legal categories are important for the formation of the correct (tested by time and reality) and the right awareness of society of their behavior, as well as effectively serve from the point of view of natural and legal influence on the formation and implementation of legal relations, and are a natural basis of law itself The main thrust of this article is that the rule of law in society depends to some extent on the national spirit of law and finds its foundations in the mentality of the people themselves. Historically, state and natural features of the rule of law further influence the formation of legal consciousness and legal culture in particular. Willingness is an important element of the national phenomenon in the consciousness of our people. The rule of law is the legal culture and legal consciousness that are closely linked to the national elements and characteristics of the people themselves who use the phenomenon. Since the rule of law is largely inherently in the form of ideas and perceptions, it is appropriate to note that such perceptions are necessarily nationalist in nature. Legal ideas and national ideas are fundamental to the formation and awareness of the rule of law Just as the rule of law is directly related to human nature, its national identity, and its vitality, it directly controls the sphere of human behavior and actions. The basic tenets that are enshrined in the rule of law are the ideas of freedom and justice. The rule of law as a national phenomenon of justice of the people is of the highest philosophical and legal value, since its place in the legal reality is determined by social and national factors and personality structure. Keywords: law, rule of law, phenomenon, national, legal consciousness.

scholarly journals Public Interest and Privacy: the Right to Privacy in the Cover-age of Events by the Mass Media

2018 ◽  
Vol 7 (4.38) ◽  
pp. 239
Author(s):  
Elena Anatolyevna Kirillova ◽  
Varvara Vladimirovna Bogdan ◽  
Elena Stepanovna Ustinovich ◽  
Yuliya Olegovna Pronina ◽  
Olga Aleksandrovna Kovaleva ◽  
...  
Keyword(s):  
Mass Media ◽  
Public Interest ◽  
Right To Privacy ◽  
Public Interests ◽  
The Right To Privacy ◽  
Social Tasks ◽  
Private And Public ◽  
The Mass Media ◽  
Observation Method ◽  
The Right

The article deals with the problems related to the balance between private and public interests when covering events by the mass media. One of the most important social tasks is coordinating various interests, reaching a compromise, and ensuring social harmony and partnership. The purpose of the present study consists in analyzing the right to privacy when covering events by the mass media and identifying specifics of private and public interests. The research is based on the observation method that allowed obtaining a specific factual material. Monitoring was carried out according to the developed plan involving the allocation of specific monitoring objects and stages. The study offers the authors’ definitions of private and public interests, highlights the main features of public interest, as well as identifies the distinctive features of private and public interests. On the basis of the conducted analysis it is proposed to introduce the Concept of privacy (the right to be left alone), excluding cases where the right to privacy can be violated and where the information related to the privacy of a person can be disseminated without the consent of the person. This proposal is practical in nature and will allow the mass media to specificate the notion of the right to privacy. 

scholarly journals Easement as a burden for the owner`s property

Legal Ukraine ◽  
2020 ◽  
pp. 28-34
Author(s):  
Oleh Ilkiv
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Aspects ◽  
Property Right ◽  
Public Interests ◽  
Private And Public ◽  
Legal Forms ◽  
The Individual ◽  
The Right ◽  
Market Relations

The article analyzes the features of such a legal category as easement, namely the concept, content and characteristics of easement as a way of exercising property rights in terms of civil law of Ukraine and formulates proposals for improving the civil law regulation of easement. Emphasis is placed on the study of not only theoretical problems but also issues of a practical nature. The signs of servitude rights, the grounds for private and public interests are investigated. The legal aspects of the servitude are clarified, as well as the individual-normative character is monitored. Positions on concretization of the ratio of the terms «encumbrance» and «restriction» of property rights through the prism of the provisions of easement rights are substantiated. The author clearly concludes that the property right in the form of an easement gives the owner the opportunity to effectively use their property, and also provides the right to satisfy the intangible interests of others whose property right to another’s property is not related to property rights. In the conditions of development and domination of market relations in the society the question of creation of such legal forms which would provide a possibility of a certain participation of one person in the property right of another irrespective of simple personal consent of the last becomes actual. Due to the involvement of land in the civil turnover, the system of easements is a rather complex legal phenomenon. Scientific and theoretical analysis of the construction of easements, methods of their acquisition, the practice of application of relevant legislation indicates the relevance of this institution of property law, especially in the development of land and agrarian reform, the development of legislation on property rights to real estate. Key words: easement, ownership, property rights, limits and restrictions.

scholarly journals The Establishment of an “Exit Tax” as a Potential Way to Broaden Russian Deoffshorization Measures

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 55-58
Author(s):  
Natalya G. Andrianova ◽  
Keyword(s):  
Russian Federation ◽  
The European Union ◽  
Tax Base ◽  
Public Interests ◽  
Balanced Approach ◽  
The Face ◽  
Private And Public ◽  
Capital Outflows ◽  
The Russian Federation ◽  
The Right

The article examines the European regulation of the «exit tax» enshrined in the Council of the European Union Directive No. 2016/1164 of July 12, 2016. The situations in which the «exit tax» is levied are analyzed, the procedure for determining the tax base, the procedure for the payment of tax, the possibility of presenting a deferral of tax, cases in which the tax is to be paid immediately in full, the problematic issues of the practical application of the Directive with regard to the «exit tax» are identified. The practice of implementing the provisions of the Directive about «exit tax» in Luxembourg is examined, as well as the specifics of the implementation of the Directive into national legislation on the example of Ireland’s experience. It is proposed to establish an «exit tax» in the Russian Federation as an additional source of budget revenues in the face of capital outflows and a pandemic of coronavirus infection. It is proposed to take a balanced approach in establishing an «exit tax» in order to maintain the balance of private and public interests. The establishment of a minimum value threshold will not prevent the movement of small assets when the state obtains the right to tax large assets when they move outside the Russian Federation.

scholarly journals Limits of Transparency of Justice in Civil Cases

2020 ◽  
Vol 10 ◽  
pp. 8-10
Author(s):  
Karina K. Magomedova ◽  
Keyword(s):  
Democratic Society ◽  
Public Interests ◽  
Information Transparency ◽  
The Public ◽  
Private And Public ◽  
Legitimate Interests ◽  
Civil Cases ◽  
The Right

The article is devoted to the problem of the limits of transparency and their role in ensuring the balance of private and public interests. At all importance and necessity of transparency of justice for modern democratic society, it has certain limits and restrictions. The implementation of justice is always connected with the interests of certain subjects, therefore the right for information about justice and public court of one can conflict to the right and desire of others not to disclose certain information as it can affect their rights and legitimate interests, cause them damage and harm. Based on an understanding of the transparency of justice as information transparency for those individuals who involved in the (a) case and for the public, it is concluded that the limits of transparency for those individuals who involved in the case and the limits of transparency for the public should be distinguished.

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