scholarly journals CURRENT QUESTIONS AND LEGAL ISSUES OF IMPROVING THE LEGISLATION ON STATE CONTROL OF THE TURNOVER OF CERTAIN KINDS OF WEAPONS IN MODERN CONDITIONS

2021 ◽  
Vol 4 (2) ◽  
pp. 24-37
Author(s):  
Miras I. Useinov
Keyword(s):  
Point Of View ◽  
Theory And Practice ◽  
Future Research ◽  
Scientific Article ◽  
State Control ◽  
Legal Problem ◽  
Topical Problem ◽  
Main Emphasis ◽  
The Law ◽  
The Right

The scientific article is devoted to the topical problem of the law on state control over the circulation of certain types of weapons, issues related to theory and practice at the present stage. The particular significance of this work is attached to the legal problems of the law on state control over the circulation of certain types of weapons, namely, the age of the citizen, according to which the right to acquire weapons is given. In the article, much attention is paid to the tragic events that are directly related to the illegal use of firearms in adolescence, the legislative acts of the neighboring countries are analyzed and examples are given. In addition, the author provides specific proposals for solving these problems. The relevance of the article is beyond doubt, as weapons have been one of the most fundamental problems of all time and remains an important milestone for future research. The scientific article is relevant because in recent years, crimes related to the use of firearms have sharply increased in different countries of the world, especially among young people. This demonstrates the importance and timeliness of this article. In the course of the study, the main emphasis is placed on the relevance of the legal problem of imperfection of the law on weapons. The material of the article has a pronounced author's line, since the author does not easily analyze the scientific positions of different authors, but also expresses his point of view.

scholarly journals Domestic Philosophy of Law as an Ideological Prerequisite of a Philosophical Type of Understanding of Law

2019 ◽  
Vol 2 (3) ◽  
pp. 51-67
Author(s):  
Vladimir Valentinovich Kozhevnikov ◽  
Anastasia Evgenievna Cherednichenko
Keyword(s):  
Social Sciences ◽  
Subject Area ◽  
Point Of View ◽  
Scientific Article ◽  
Russian Scientist ◽  
The Status ◽  
The Subject ◽  
Scientific Nature ◽  
The Law ◽  
The Right

This scientific article is based on the analysis of some,           from our point of view, basic provisions of the textbook for masters by the famous Russian scientist, professor Martysciin Orestes Vladimirovich "Philosophy of the law". The purpose of the article is to prove scientific character the Philosophy of the Law against the background of the contrary statements of philosophers and lawyers-theorists about its not scientific nature; to consider Philosophy of the Law as an ideological prerequisite of philosophical type of understanding of the right and to analyses the last. For the achievement of this purpose the following tasks were set: 1) to analyses various arguments of the scientists who are not recognizing the scientific nature of Philosophy of the Law, considering it as a method of the human relation to the world; 2) to consider views of the scientists giving to the Philosophies of the Law the status of science; 3) to show features of philosophical type to which it is not given in science of due attention; 4) to critically evaluate positions of those scientists who unreasonably identify moral (natural and legal) and philosophical types of understanding of the law; 5) to show distinction of moral (natural and legal) and philosophical types of understanding of the law. The result of the article's research are the provisions: 1) the legal philosophy is to be considered as the independent science having the subject, methodology, performing the specific functions, corresponding to other both legal, and social sciences; 2) the Philosophy of the Law is an ideological prerequisite of philosophical type of understanding of the law which defines the sphere or border of a measure of freedom of the person. In conclusion it is to emphasize that joint efforts of lawyers, philosophers, representatives of other social sciences concerning this subject area and a subject matter are necessary for overcoming the existing disagreements on the matters of principle concerning Philosophy of the Law, and for the decision, arising in the course of its development and improvement of problems.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KELALAIAN PEMENUHAN PEMBAYARAN NAFKAH ANAK PASCA PERCERAIAN BERDASARKAN PUTUSAN PENGADILAN AGAMA BLITAR

2020 ◽  
Vol 9 (1) ◽  
pp. 50
Author(s):  
Rufia Wahyuning Pratiwi
Keyword(s):  
Law Enforcement ◽  
Human Values ◽  
Legal Problem ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

Penelitian ini dilatar belakangi oleh adanya beberapa permasalahan yang ada di Pengadilan Agama Blitar, dengan beberapa pengaduan masyarakat terkait tentang lalainya mantan suami dalam kewajibannya memberikan nafkah kepada anaknya pasca perceraian.  Karena anak adalah manusia kecil yang butuh perlindungan dan butuh diperlakukan secara manusiawi, dan sila kemanuasian yang adil dan beradab maupun misi dalam maqoshidussyariah hifdhul nafsi dan hifdhul nasl (melindungi jiwa dan keturunan) dalam syariah Islam harus terwujud. Tujuan penelitian ini agar supaya para pencari keadilan cerdas dan paham akan hukum serta langkah-langkah yang harus ditempuh dalam menghadapi suatu permasalahan hukum guna tegaknya hukum dan terwujudnya keadilan. Hasil penelitian ini memperoleh bahwa hasil pertama mengetahui penyebab adanya kelalaian terhadap pemenuhan pembayaran nafkah anak pasca perceraian, sehingga perlu ditelaah ulang tentang putusan hakim yang bisa menjadi tolak ukur telah adanya jiwa kemanusian demi tegaknya hukum dan rasa keadilan yang dirasakan oleh pencari keadilan. Kedua, mencari solusi tepat agar produk pengadilan yang berupa putusan benar-benar bisa mencerminkan nilai-nilai kemanusiaan, keadilan yang benar-benar bisa melindungi kepentingan para pencari keadilan.Kata kunci: anak, perceraian, perlindungan, hukum This research is motivated by a number of problems that exist in the Blitar Religious Court, with some related public complaints about the negligence of ex-husband in his obligation to provide for their children after divorce. Because children are little people who need protection and need to be treated humanely, and the precepts of fair and civilized humanity and mission in maqoshidussyariah hifdhul nafsi and hifdhul nasl (protecting souls and offspring) in Islamic sharia must be realized. The purpose of this study is so that justice seekers are smart and understand the law and steps that must be taken in dealing with a legal problem in order to uphold the law and the realization of justice. The results of this study found that the first result found out the cause of negligence in fulfilling child income payments after divorce, so it was necessary to review the judge's decision that could become a benchmark for the existence of a humanitarian spirit for the sake of law enforcement and a sense of justice felt by justice seekers. Second, finding the right solution so that court products in the form of decisions can truly reflect human values, justice which can truly protect the interests of justice seekers.Keywords: child, divorce, protection, law

scholarly journals Theory and Practice of the Realization of the Right to Freedom of Religion: All-Ukrainian and Regional Contexts

2013 ◽  
pp. 5-10
Author(s):  
Liudmyla O. Fylypovych
Keyword(s):  
Theory And Practice ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
The Law ◽  
The Right

The right to freedom of religion is enshrined in the Constitution of Ukraine and the Law of Ukraine on Freedom of Conscience and religious organizations. Article 35 of the Constitution of Ukraine states that this right includes the freedom to profess any religion or not to profess any, to freely send individually or collectively religious ceremonies, to conduct religious activities.

scholarly journals Does foodservice industry care about CSR? A study in Portugal and Ukraine

10.5219/1281 ◽  
2020 ◽  
Vol 14 ◽  
pp. 544-553
Author(s):  
Oksana Sokil ◽  
Iveta Ubrežiová ◽  
Teresa Eugenio ◽  
Tânia Marques
Keyword(s):  
Service Industry ◽  
Food Service ◽  
Point Of View ◽  
Theory And Practice ◽  
Future Research ◽  
Financial Situation ◽  
Multicultural Environment ◽  
Culture History ◽  
Spearman Test ◽  
Awareness Level

The purpose of the article is to compare the CSR perception level of the food service industry in Portugal and Ukraine. The main goal of the study is to find the attitudes in Portugal and in Ukraine towards CSR. Additionally, two hypotheses were formulated to understand the possible relation between (1) the financial situation and (2) the duration of the company with the awareness level about the CSR concept. A quantitative approach, using questionnaires, was adopted to survey using a sample of 201 representatives of SMEs in the foodservice sector (101 Portuguese and 100 Ukrainian), in 2019. Descriptive statistics and Spearman test were used to analyze the data. The present work demonstrates a significant correlation between the financial situation of the company and the CSR awareness level of leadership. Furthermore, the research shows that activities related to the economic sphere and CSR workplace policy among food sector companies in Ukraine and Portugal are developed to a great extent. From this point of view, we can state, that the publication of the article is one of the results and supported by grant project KEGA 005SPU-4/2019 “Theory and Practice of the International Management and Entrepreneurship in Multicultural Environment”. In this study, two different countries were chosen (Portugal and Ukraine), which are different in culture, history, and economic background. The paper focused on the food service industry and contributes to the ongoing debate about the SMEs and its involvement with CSR. It also helps schools to identify plans in CSR policy and topics for future research.

scholarly journals The impact of economic analysis of law on legal thinking

2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Point Of View ◽  
Economic Regulation ◽  
Economic Analysis Of Law ◽  
Race And Gender ◽  
The Law ◽  
And Gender ◽  
The Right ◽  
The Impact

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals Prawo do tłumaczenia pokrzywdzonego w polskim procesie karnym – wybrane zagadnienia

2020 ◽  
Author(s):  
Michał Toruński
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Legal Certainty ◽  
The Law ◽  
The Right

The analysis of the provisions of the Code of Criminal Procedure shows a clear asymmetry in the rights of the accused and the victim as regards the right to interpreting. Despite the implementation of subsequent amendments, the legislators consistently ignored the rights of the victim with regard to the right to interpreting; when they actually dealt with that issue, it was done in a fragmented and selective manner.Moreover, the exegesis of the provisions on the right to interpreting leads to the conclusion that the analyzed right is not fully regulated by the provisions of the Code of Criminal Procedure, and some extremely important normative parts of it must be decoded from the Law on the System of Common Courts. Both these spheres interpenetrate each other, which is undeniably undesirable from the point of view of the standard of legal certainty and transparency.This study aims at identifying legislative shortcomings, as well as at proposing de lege ferenda solutions in relation to the analyzed right of the victim to interpreting.

scholarly journals Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease

2020 ◽  
pp. 89-100
Author(s):  
L.R. Miskevych
Keyword(s):  
Civil Rights ◽  
Natural Resources ◽  
Water Body ◽  
Civil Law ◽  
Scientific Article ◽  
Land Plot ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
The Right

The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.

scholarly journals The Coordination of Activities of the Law Enforcement Agencies in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 26-32
Author(s):  
Ekaterina Azarova ◽  
Vyacheslav Vnukov
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
System Analysis ◽  
Criminal Activity ◽  
Point Of View ◽  
Theory And Practice ◽  
Russian Society ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
The Law

Introduction: in modern Russian society, the fight against crime requires the legislative regulation. Crime is a multifaceted phenomenon that is becoming more complex in parallel with the development of society. Its growth makes it necessary to research the fundamentals of the theory and practice of coordinating the activities of the law enforcement agencies in the fight against crime. The important factors from the point of view of the state of coordination activities are their proper organizational support, the development of the right strategies and tactics when performing the necessary actions, as well as their effective use by the law enforcement agencies to curb criminal activity. The authors of the paper set the goal of the study, which is to analyze the coordination activities of the law enforcement agencies in the fight against crime. Methods: the methodological framework for the research is the dialectical-materialistic method of cognition, which includes the elements of system analysis, and the specific scientific methods, such as the logical and legal one. Results: based on the legal analysis, the content of coordination activities as the effective coordinated actions in the fight against crime is revealed. Conclusions: it is revealed that there is a need to adopt a special law aimed at improving the status of prosecutors in the framework of these coordination activities.

METHODOLOGICAL PECULIARITIES OF MILITARY FINANCIERS TRAINING ON THE EXAMPLE OF TEACHING SPECIAL SUBJECTS ON THE SPECIFICS AND PECULIARITIES OF THE ORGANIZATION OF COMPENSATION OF EMPLOYEES OF THE ARMED FORCES OF UKRAINE

2019 ◽  
pp. 26-29
Author(s):  
I. Diachenko
Keyword(s):  
Content Knowledge ◽  
Armed Forces ◽  
Educational Process ◽  
Theory And Practice ◽  
Scientific Article ◽  
Practical Skills ◽  
Economic Activities ◽  
Main Emphasis ◽  
Close Relationship ◽  
The Military

The scientific article reveals the purpose and meaning, subject and content (knowledge, skills, abilities) of the discipline «Compensation ofmilitary unit employees», its place in the system of specialists training of accounting specialties. The value of the discipline is to providefundamental knowledge and practical skills in the organization of remuneration of labour, to teach how to charge and pay wages correctly and timely to employees of the Armed Forces of Ukraine, to be able to analyze expenses related to compensation of employees of the Armed Forces of Ukraine. The task of this discipline is to form and develop general and professional competencies in this field, to train fully developed, qualified and competitive military specialists capable of carrying out financial and economic activities of the military unit.It has been established that in today's conditions, in order to ensure quality education in military higher education institutions, special attention must be paid to the introduction of advanced pedagogical technologies in the educational process. Accounting disciplines, unlike many other economic disciplines, are based on events that are changing rapidly. Therefore, in order to form a high-quality military financier, the main emphasis in teaching accounting should not be on mechanical memorization of educational material, but on the development of thinking. The question of the close relationship between theory and practice is relevant nowadays.

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