scholarly journals FEATURES OF STUDYING THEME «CORRUPTION AS A SOCIAL PHENOMENON» IN THE FRAMEWORK OF THE TRAINING COURSE «JURISPRUDENCE» IN CHEMICAL UNIVERSITY

2021 ◽  
Vol 3 (4) ◽  
pp. 164-172
Author(s):  
Nadezhda V. Plaksina ◽  
Tatiana N. Akulova ◽  
Elena V. Smirnova
Keyword(s):  
Legal Aspects ◽  
Educational Environment ◽  
Point Of View ◽  
Special Role ◽  
Dynamic Component ◽  
Priority Ranking ◽  
Legal Nature ◽  
Judicial Proceedings ◽  
The Subject ◽  
Student Audience

The article discusses the peculiarities of studying corruption by students of a technical university from the standpoint of the relevance of its research component. The acquisition of knowledge of a legal nature is substantiated from the point of view of importance not only from the standpoint of the humanitarian discipline «jurisprudence», but also the significant situation of knowledge of legal aspects in any sphere of life. The authors assign a special role in the materials of the article to the dynamic component in the study of the student audience with a view to increasing interest in the humanitarian disciplines, where «jurisprudence» comes to the fore among the disciplines of the humanitarian block. Problematic issues of a social plan, in particular, the negative manifestation of the phenomenal and modern criteria elements of corruption schemes in the current modernity. According to the results of the study, the peculiarities of the procedures of judicial proceedings in relation to criminal acts in general, in particular, in the field of education, arouse keen interest among students. The article presents the effective positions of the research on the subject of active discussion and analysis of situations of corruption in the educational environment. The materials of the study of the disciplines of the humanitarian cycle in higher education are given according to the priority ranking among students.

scholarly journals Normatywne ujęcie czynności operacyjno-rozpoznawczych w aspekcie dowodu nielegalnego

2021 ◽  
Vol 13 (24) ◽  
pp. 333-350
Author(s):  
Norbert Nowicki
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Roles And Responsibilities ◽  
Legal Nature ◽  
The Subject ◽  
Covert Activity ◽  
Effective Use ◽  
Illegal Evidence ◽  
Operational Methods ◽  
Practical Dimension

Zagadnienia omawiane w niniejszym artykule dotyczą statusu normatywnego czynności operacyjno-rozpoznawczych w kontekście ustawy o Policji oraz kodeksu postępowania karnego. Podjęto próbę wskazania warunków, które rzutują na legalny charakter inwigilacji, a co za tym idzie – na skuteczne wykorzystanie materiału operacyjnego w procesie karnym. W tym celu scharakteryzowano niejawną aktywność Policji, wyszczególniając dopuszczalne metody operacyjne oraz definiując czynności operacyjno-rozpoznawcze w świetle literatury przedmiotu. Aby w pełni zobrazować problematykę poruszoną w artykule, przeanalizowano relację prawną między dowodem nielegalnym, o którym mowa w art. 168a kpk, a dowodem z czynności operacyjno-rozpoznawczych, na przykładzie zarządzonej kontroli operacyjnej. Praktyczny wymiar tych rozważań omówiono z punktu widzenia postępowania dowodowego, z uwzględnieniem ról i obowiązków procesowych prokuratora oraz sądu. Normative approach to operational and reconnaissance activities in terms of illegal evidence The issues discussed in this article refer to the normative status of operational and investigative activities in the context of the Police Act and the Code of Criminal Procedure. Namely, an attempt was made to demonstrate the conditions that affect the legal nature of surveillance, and thus the effective use of operational material in a criminal trial. For this purpose, the covert activity of the Police has been characterized by listing acceptable operational methods and defining operational and reconnaissance activities in the light of the literature on the subject. Therefore, in order to fully illustrate the issues discussed, an analysis was conducted of the legal relationship between the illegal evidence referred to in Art. 168a of the Code of Criminal Procedure and the evidence from operational and reconnaissance activities, on the example of an ordered operational control. The practical dimension of these considerations is discussed from the point of view of evidence proceedings, taking into account the procedural roles and responsibilities of the prosecutor and the court.

scholarly journals Economic Mechanism of Ecological Conflicts Prevention in the Region

2019 ◽  
Vol 12 (5) ◽  
pp. 70-81 ◽  
Author(s):  
I. Y. Novosyolova ◽  
A. A. Avramenko
Keyword(s):  
Mathematical Model ◽  
Negative Impact ◽  
Local Population ◽  
Mineral Resources ◽  
Point Of View ◽  
Expert Assessment ◽  
Economic Mechanism ◽  
Priority Ranking ◽  
The Subject ◽  
Optimal Set

The subject of the research is conflicts between businesses and local population concerning negative impact of mineral resources extraction on the environment and possibilities of its prevention. The purpose of the work is creating an economic mechanism for  ecological conflicts prevention in the regions where mineral resources are extracted through implementing an economic mathematical model of forming optimal assortment of compensatory measures. Mechanisms of preventing ecological conflicts in mineral resources extracting regions including two ingredients — expert analytical and optimizational — are proposed. While realizing the expert analytical constituent of the mechanism, local population on a par with authorities and representatives of the extracting enterprise are involved in prioritizing in the course of reducing man-impact on the environment and in the process of compensatory measures portfolio forming. Optimizational constituent of the mechanism for ecological conflicts prevention demands forming a model for optimal compensatory measures choice. Scientific novelty and significance of the work are presented by a rate scale for expertise of possible negative ecological consequences of creating and operating an extracting enterprise from the point of view of population groups. As the research result an algorithm of expert assessment processing enabling to determine the priority ranking for reducing man-impact on the environment and tension reduction between the extracting enterprise and local population is formed. An optimizational model enabling to determine optimal set of compensatory measures taking into account the interests of both extracting enterprises and the most conflict groups of local population is proposed.

scholarly journals Environmental law and the essence of separation of prisoners sentenced to imprisonment: structural analysis

2021 ◽  
Vol 244 ◽  
pp. 12006
Author(s):  
Yulia Golovastova ◽  
Ludmila Prikhozhaya
Keyword(s):  
Environmental Law ◽  
Point Of View ◽  
Legal Analysis ◽  
Correctional Institutions ◽  
Narrow Sense ◽  
Functional Connection ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of

The article examines existing approaches and different opinions of scholars-penitentiaries regarding the legal nature of separation of prisoners sentenced to imprisonment. The legal analysis of positions of scholars in the field of criminal executive law, who investigated the essence of separation of prisoners sentenced to imprisonment in various aspects, made it possible to highlight following approaches: 1) principle of institution of execution of punishment in the form of imprisonment; 2) means of ensuring the regime; 3) condition for implementation of principle of differentiation; 4) special classification issue; 5) type of classification; 6) intrageneric institution; 7) criminal-executive means of preventing crimes in correctional institutions. The authors come to the conclusion that separation of convicts is an inter-sectoral institution (in a broad sense), and also belongs to the category of internal penal means (in a narrow sense). Arguing this point of view, the general constant and special features of legal institutions and legal means and their application to the subject of research are considered. The authors identify and substantiate the main tasks of separation of prisoners and its functions, which are an external manifestation of its essence and determine the social and legal purpose, functional connection with other phenomena. As a result of study of the legal nature, the author’s definition of separate maintenance of those sentenced to imprisonment is proposed, its goals are highlighted and argued.

scholarly journals RELATIONSHIP OF CONCEPTS LEGAL PROTECTION AND PROTECTION OF RIGHTS IN SCIENTIFIC DISCOURSE

2021 ◽  
pp. 8-11
Author(s):  
Ya. Babych ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Point Of View ◽  
Theoretical Research ◽  
Scientific Schools ◽  
Legal Nature ◽  
Universal Approach ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of

The article addresses the understanding of the legal categories "legal protection" and "protection of rights". The legal nature and content of these definitions are analyzed. Particular attention is paid to the characteristics of these definitions in scientific international and domestic doctrines. The positions of five different scientific schools on the understanding of these concepts are considered. The first cohort of scientists adheres to the views according to which such definitions are analyzed as interaction of whole and part. The second group of scholars identifies the concepts of "legal protection" and "protection of rights". The third point of view on the specified theoretical problems, consists of the delimitation of the outlined definitions. The fourth constellation of scholars reveals the analyzed categories through the prism of individual branches of law, taking into account the subject and method of legal regulation of each area. The universal approach distinguishes between the concepts of "legal protection" and "protection of rights" and considers them as different, but at the same time absolutely full-fledged legal categories. It is substantiated that the latter has normative and applied significance and is effectively used by the international community both at the doctrinal and legislative levels. On the basis of the conducted theoretical research the independent scientific conclusions and judgments on the analyzed subjects are offered, in particular the author's definition of definition "legal protection" is given. In addition, the main features inherent in the above categories are highlighted. Particular attention is paid to the need of highlighting the preventive component of the concept of "legal protection", which is particularly important within this category.

scholarly journals Implementation of Registration Actions as Manifestation of the Legal Form of Public Administration

2020 ◽  
Vol 89 (2) ◽  
pp. 227-238
Author(s):  
V. I. Teremetskyi ◽  
Y. V. Zhuravel
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Point Of View ◽  
Legal Form ◽  
Administrative Services ◽  
Legal Personality ◽  
Stage Of Development ◽  
Legal Nature ◽  
The Subject ◽  
Legal Forms

The issue of carrying out registration actions as a manifestation of the legal form of public administration at the present stage of development of national practice has been analyzed. The level of scientific developments in this area has been clarified and the lack of a unified approach to determining the implementation of registration actions in the context of the realization of legal forms by public administration entities has been emphasized, which leads to difficulties in law-enforcement. It has been concluded that the implementation of registration actions as a manifestation of the legal form of public administration involves official recognition of a certain fact by the state certifying that has legal consequences, and / or in order to ensure the exercise of certain rights by individuals. It has been found out that the result of these actions is the act – the expression of the will of the subject of public administration (decision) or registration actions. It has been substantiated that legal and preventive control is carried out during registration actions, where the subject of public administration has the right to check the scope of legal personality and their behavior of the subjects who applied for registration actions. The implementation of registration actions in the context of providing administrative services with different content and public legal nature has been studied. The issues of the nature of legal relations formed during the implementation of registration actions between the recipients of relevant administrative services and public administration entities have been studied. The author has emphasized problematic issues of delimitation of jurisdictions during the resolution of disputes by courts, which arise during the provision of administrative services for the implementation of registration actions. It has been concluded that relations arising during the implementation of registration actions between the subjects of public administration from the point of view of legal protection of the recipient of the relevant administrative service, may be of private or public legal nature.

scholarly journals On the issue of liability in economic judicial proceedings

2020 ◽  
pp. 47-51
Author(s):  
L.D. Rudenko
Keyword(s):  
Criminal Code ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Commercial Code ◽  
Legal Nature ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
The Will ◽  
The Subject ◽  
State Coercion

The article specifies the legal nature of liability in commercial litigation, defines the ratio of measures of procedural coercion and liability in commercial litigation. Based on the analysis, a conclusion was made about the inexpediency of combining the measures of responsibility provided by the Commercial Procedural Code of Ukraine into an independent type of legal liability. The expediency of separating the category "Responsibility in commercial litigation" is argued. It is noted that the purpose of such liability is to comply with the procedural order of commercial proceedings under the threat of criminal, administrative, civil, disciplinary liability. Liability in commercial litigation includes all types of liability that are realized in connection with the implementation of such litigation: criminal, administrative, disciplinary liability of judges, lawyers, prosecutors, civil liability. Measures of such responsibility may have as their normative source not only the Commercial Procedure Code, but also the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Commercial Code, the Civil Code. It is noted that liability in commercial litigation is a complex legal institution. It is specified that measures of procedural coercion and liability in commercial litigation are forms of state coercion. Procedural coercion has a wider scope than liability in commercial litigation. The signs of procedural coercion in commercial litigation are specified: implementation regardless of the will of the subject to which they are applied; application by the court; implementation in connection with the implementation of legal proceedings in a particular case; ensuring the implementation of the tasks of commercial litigation; in some cases it is an unfavorable consequence of violation of the requirements of the legal norm (disposition), ie in connection with the implementation of dispositions of legal norms, in other cases it is the implementation of dispositions of legal norms that establish certain restrictions to ensure proceedings.

Some Notes on the Establishment of the Office of Public Trustee in England

1910 ◽  
Vol 44 (3) ◽  
pp. 306-345
Author(s):  
William Charles Sharman
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Point Of View ◽  
Insurance Companies ◽  
Close Connection ◽  
The Public ◽  
Intimate Connection ◽  
The People ◽  
Financial Interests ◽  
The Subject

In bringing these Notes under the consideration of the members I feel some apology is needed for the reason that the subject may he said to be somewhat outside the scope of the ordinary proceedings of the Institute.In addition, however, to its legal aspects, which will doubtless appeal to a profession which demands from its members a not inconsiderable knowledge of law, I venture to think there are other grounds on which the subject may be considered suitable for discussion.The Public Trustee Act brings into being a Department, which, from its intimate connection with the affairs of the people and the large financial interests involved, may in course of time rank only second to some of the great Departments of the State, and, from this point of view alone, the subject is of interest.Moreover, it has a close connection with the work of many Actuaries owing to the large investments made by Life Offices in reversionary securities, this kind of investment being peculiarly affected by questions concerning the trusteeship.When, further, it is remembered that Insurance Companies form one of the classes of Corporate Bodies which may be authorized by the Treasury and Public Trustee to undertake the duties of Custodian Trustees, I think it will be admitted that the subject is one with which we are practically concerned.

scholarly journals The Legal Design of the Smart Contract: The Legal Nature and Scope of Application

Lex Russica ◽  
2019 ◽  
pp. 51-62 ◽  
Author(s):  
O. S. Grin ◽  
E. S. Grin ◽  
A. V. Solovyov
Keyword(s):  
Information Technologies ◽  
Computer Code ◽  
Legal Aspects ◽  
Point Of View ◽  
Smart Contracts ◽  
Distributed Ledger ◽  
Smart Contract ◽  
Distributed Ledger Technology ◽  
Legal Nature ◽  
Scope Of Application

Within the framework of this article, the authors carry out the study of the design of the smart contract in the context of jurisprudence and technical sciences. The paper analyzes the legal nature of the smart contract and the issues concerning the scope of application (in relation to distributed ledger technology).The authors conclude that the category of “smart contract” can be defined in technical and legal aspects. In foreign literature, there are two categories: a legal smart contract and a smart contract code (or smart contract). The smart contract as a technical phenomenon represents a computer code that allows automated fulfillment of obligations. From legal point of view, the approaches to the definition of the smart contract depend primarily on the fact that the authors rely on the possibility of using smart contracts only within the framework of distributed ledger technology or other information technologies. At the same time, the majority of authors share the view that the smart contract exists exclusively in relation to the technology of distributed ledgers, namely, the blockchain. The article proposes to define the smart contract as a standard (special) contractual design — a contract concluded by electronic or other technical means, under the terms of which performance of the obligation is carried out without directed explicit additional expression of will (under Part 2 of Article 309 of the Civil Code of the Russian Federation).The article states that the smart contract cannot be qualified as an independent way of ensuring the performance of obligations. Such qualification is possible only if the functional approach to understanding security is applied. The paper examines the main fields of application of smart contracts and possible risks of their application (in terms of statement of terms of agreements in relation to a programming language; in respect of necessity of compliance with such fundamental principles of civil law as legality, fairness, protection of the weak; the need for communication with public authorities and notaries, as well as risks of using smart contracts in relations involving the participation of consumers). A separate set of questions concerns the protection of the rights infringed due to the use of smart contracts.

scholarly journals PEDAGOGICAL POSSIBILITIES OF USING THE SUBJECT "FOREIGN LANGUAGE" IN THE FORMATION OF A MULTILINGUAL PERSONALITY

2021 ◽  
Author(s):  
Nuraiym Tulyuvbekova ◽  
Gulbanu Aubakirova
Keyword(s):  
Foreign Language ◽  
Educational Environment ◽  
The State ◽  
Point Of View ◽  
Multilingual Education ◽  
The Subject ◽  
The Republic

Knowledge of several languages ​​gives a real opportunity to take a worthy position in society, both socially and professionally. Multilingual education in the Republic of Kazakhstan is one of the most important strategies and key directions for the development of the state. The author examines the essence of multilingual education, the reasons for its relevance in the Republic of Kazakhstan, the functioning of languages ​​from the point of view of the development of a modern linguistic personality. Taking into account the advantages of linguistic education in the multilingual educational environment of Kazakhstan and the principles of the formation of a linguistic personality, the author compared different views on this issue.

scholarly journals LEGAL REGIME OF CREATION OF A SECURE DIGITAL EDUCATIONAL ENVIRONMENT

2020 ◽  
Vol 24 (2) ◽  
pp. 274-292 ◽  
Author(s):  
Lyudmila N. Bokova
Keyword(s):  
Internet Addiction ◽  
Information Technologies ◽  
Research Process ◽  
Legal Aspects ◽  
Educational Environment ◽  
Point Of View ◽  
Legal Regime ◽  
Information Law ◽  
Analysis And Synthesis ◽  
Definition Of

The relevance of the four-part article is that it examines the legal aspects of the use of information technologies in education, as well as their security, which is the legal basis for regulating these relations. Meanwhile, it should be noted that in recent decades insufficient attention has been paid to these problems in scientific works on jurisprudence. In legal studies the legal constructions of the concepts of Internet addiction, digital educational environment, online training, digital infrastructure, etc. have not yet been investigated. The purpose of the study is: 1) to determine the actual directions for improving legislation on the information security of the educational environment; 2) to substantiate the point of view according to which it is necessary to create and implement programs to educate children and adolescents on the rules of safe behavior in the Internet space and to prevent Internet addiction; 3) to better understand the term safety of the educational environment. In the research process, a diverse set of methodological tools was used: 1) general philosophical methods (dialectical and idealistic); 2) general scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) private (special) methods - logical, comparative legal, formal legal, normative dogmatic; 4) method of interpretation, including a method of problem-theoretical reconstruction. The paper analyzes the main regulatory documents that are used to implement the digital educational environment. The main results of achieving the goal of the study are proposals on: 1) introduction of the concept of safety of the educational environment into the scientific circulation of jurisprudence; 2) relevant legislative initiatives in this area. The theoretical significance of the study. The paper discusses the legal relations prevailing in the field of using information technologies in education, proposes the authors definition of the legal regime for creating a modern and safe information educational environment. The author formulated priority areas for improving this activity. The indicated research results can be used to improve the science of information law.

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