scholarly journals PROCLAMATIONS AS A SOURCE OF HETMANATE’S CITY LAW OF THE SECOND HALF OF XVII – XVIII CENTURIES

2019 ◽  
pp. 7-13
Author(s):  
O. Y. Vovk
Keyword(s):  
Public Relations ◽  
Urban Communities ◽  
Social Relations ◽  
Municipal Government ◽  
City Government ◽  
Left Bank ◽  
Legal Analysis ◽  
Economic Relations ◽  
The Social ◽  
The Right

The article contains a historical and legal analysis of proclamations as a cumulative source of Hetmanate’s city law of the second half of 17th – 18th centuries, and their characteristic by origin and purpose. It was established that Hetmanate (a state official name was – Zaporizhian Host) was under the rule of Polish-Lithuanian Commonwealth during this period with all the lands and cities, and then as a part of the Russian monarchy. It is studied that in the field of municipal government, public relations in Ukrainian cities were governed by the norms of urban law, including the provisions of local proclamations (locations) of the autonomous government ofHetmanate, which should be divided into separate specific groups. The most significant of them were those that confirmed the granting of the right to self-government of the Magdeburg sample to Ukrainian cities. The proclamations of Ukrainian hetmans of a defensive, prohibited or protective nature, which were granted to the cities of Hetmanate since the reign of B. Khmelnytskyi and including K. Rozumovskyi, protected the rights of urban communities from abuse bythe local administration and representatives of other classes. The cities were given the right to leave a significant part of the income to the city government bodies and burghers by Hetman permitting proclamations. The electoral proclamations of hetmans to certain individuals controlled the order of elections in cities and prevented abuse duringtheir conduct. The regulation proclamations, issued to the cities by hetmans and colonels, clarified the social and economic power ofmagistrates or town halls and established the economic relations of the urban inhabitants. A separate group of local proclamations consisted of those relating to the proper economic activity of urban craft workshops anddefended the social rights of burghers-artisans. It is proved that the norms of proclamations of all groups provided legal regulationof social relations in the sphere of municipal government of Left-Bank Ukraine primarily till the first city reform in Ukrainian citiesconducted by Russian Empire and the introduction of the Charter to Cities of 1785.

СТРУКТУРА, МОДЕЛИ И СТРАТЕГИИ УЧАСТИЯ ГОРОДСКИХ СООБЩЕСТВ В КОНФЛИКТАХ

2020 ◽  
Vol 15 (2) ◽  
pp. 54
Author(s):  
А. И. Кольба ◽  
Н. В. Кольба
Keyword(s):  
Political Parties ◽  
Urban Communities ◽  
Municipal Government ◽  
Structural Characteristics ◽  
City Government ◽  
Expert Interviews ◽  
Competitive Strategies ◽  
Scientific Publications ◽  
The City

The article describes the structural characteristics of the urban communities of the city of Krasnodar and the related features that impact their participation in urban conflicts. This issue is considered in a number of scientific publications, but there is a need to expand the empirical base of such studies. On the base of expert interviews conducted with both city activists, their counterparty (representatives of the municipal government) and external observers (journalists), the parameters of urban communities functioning in the process of their interaction with other conflict actors are revealed. The communities characteristics such as the predominantly territorial principle of formation, the overlap of online and offline communications in their activities, the presence of a “core” with a relatively low number of permanent participants and others are determined. Their activities are dominated by neighborly and civilian models of participation in conflicts. The possibilities of realizing one’s own interests through political interactions (participation in elections, the activities of representative bodies of power, political parties) are not yet sufficiently understood. Urban communities, as a rule, operate within the framework of conventional forms of participation in solving urgent problems, although in some cases it is possible to use confrontational methods, in particular, protest ones. In this regard, the most often used compromise, with the desire for cooperation, a strategy of behavior in interaction with opponents. The limited activating role of conflicts in the activities of communities has been established. The weak manifestation of the civil and especially political component in their activities determines the preservation of a low level of political subjectivity. This factor restrains the growth of urban communities resources and the possibility of applying competitive strategies in interaction with city government and business.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

‘Payments for Ecosystem Services’ and Property: The Expansion of Exclusionary Land Management Practices in Costa Rica

2015 ◽  
Vol 8 (2) ◽  
pp. 38-54
Author(s):  
Brett Sylvester Matulis
Keyword(s):  
Ecosystem Services ◽  
Land Management ◽  
Social Relations ◽  
Environmental Governance ◽  
Management Practices ◽  
Payments For Ecosystem Services ◽  
Private Ownership ◽  
Economic Relations ◽  
The Social ◽  
Ownership Rights

The practice of making “payments for ecosystem services” (PES) is about the formation of new social relations between land managers and the human beneficiaries of functioning ecological systems. More specifically, it is about establishing economic relations that (theoretically) transfer financial resources from “users” of services to “producers” who institute prescribed land management practices. Interpreted as a form of “neoliberal conservation”, this approach to environmental governance can be seen as a driving force in the commodification, marketization, and financialization of nature. Hinging on “clearly defined and enforced” property rights, it can also be seen as a factor in the expansion of individualized private ownership. Troubled by this renewed prospect of privatization, critical scholars have done well to challenge the new enclosures of land and resources. But what about when PES operates in areas where private ownership rights are robust and widespread? Are we to believe that the tendency towards privatization poses no threat because those areas are already “lost” to private ownership? This paper considers how the social relationships that constitute property are shifting under the prescribed management practices of PES. I present evidence from Costa Rica's national PES program to suggest that, even on lands that are ostensibly already privately owned, these new practices are resulting in an expansion of exclusionary management. The objective is to demonstrate some of the reasons why financialized approaches to conservation are a problem in “already neoliberal” economies and to offer some conceptual tools for challenging the uncritical assumption that PES is harmless in areas where private ownership is already well established.

A Critical Evaluation of the Commodification Thesis

2002 ◽  
Vol 50 (4) ◽  
pp. 525-542 ◽  
Author(s):  
Colin C. Williams
Keyword(s):  
Social Sciences ◽  
Social Relations ◽  
Critical Evaluation ◽  
Market Exchange ◽  
Capitalist Production ◽  
Economic Relations ◽  
Goods And Services ◽  
Advanced Economies ◽  
The Social ◽  
Structural Shifts

A recurring theme across the social sciences is that non-capitalist production is disappearing albeit slowly and unevenly, and is being replaced by a commodified economy in which goods and services are produced by capitalist firms for a profit under conditions of market exchange. In this paper, however, I evaluate critically this commodification thesis. Even in the heartland of commoditisation – the advanced economies. Large economic spaces are identified where alternative economic relations and motives prevail. Rather than view them as leftovers of pre-capitalist formations, this paper argues that they are the result of both the contradictions inherent in the structural shifts associated with the pursuit of commodification as well as the existence of ‘cultures of resistance’, As such, they are viewed as ‘spaces of hope’ which highlight the demonstrable construction and practice of alternative social relations and logic's of work outside profit-motivated market-oriented exchange.

scholarly journals Biopolitical turn in the Law: from the legal and institutional model to the biolaw

2021 ◽  
Vol 1 (2) ◽  
pp. 203-214
Author(s):  
Dmitriy Popov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Human Life ◽  
Management Model ◽  
Natural Order ◽  
Sovereign Power ◽  
Legal Norms ◽  
The Social ◽  
Political Management ◽  
Institutional Model

Relevance. Since the XVIII century, there has been a gradual qualitative transformation of sovereign power in the course of the formation of a biopower based on the regulation of natural processes inherent in the population. At the turn of the XX–XXI centuries, biopolitics as an authoritative organization of the life of the population became the dominant management model. At present, numerous biopolitical tools carry out the construction of the social. Objectives. The purpose of the article is to explicate the process of transformation of the legal and institutional model of regulation of public relations inherent in sovereign power into biolaw as a tool for regulating public relations carried out by biopower. Results. In the course of the study, the process of the formation of biolaw, which arises on the basis of the already established system of legal and political regulation due to its modification by biopolitical means of medicalization, normalization, identification, criminal biopolitics, is considered. As a result of the steady biopolitical intervention in the regulation of the life of the population, the lex-law as a system of legal norms expands to nomos-law focused on a sample of the natural order, correlative to the constructed norms of human life as a biosocial being. Conclusions. Biopolitics in the process of formation radically transforms the social, including legal relations. Biolaw is a system of flexible tools for regulating social relations, tending to the model of the natural order. Biopolitical regulation is steadily replacing the traditional legal and political management model.

scholarly journals The right to a fair trial: conceptual rethinking in an era of quarantine restrictions

2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk
Keyword(s):  
International Law ◽  
Social Relations ◽  
Common Law ◽  
Fair Trial ◽  
Legal Method ◽  
The Social ◽  
Cybernetic Method ◽  
The Subject ◽  
The Right

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.

scholarly journals ATMOSPHERE IN WORKPLACE MIRROR OF SOCIETY

2021 ◽  
Vol 19 (1) ◽  
pp. 25-37
Author(s):  
Kristína Králiková ◽  
◽  
Jozef Králik ◽  
Keyword(s):  
Social Relations ◽  
Selection Process ◽  
Personal Responsibility ◽  
The State ◽  
Economic Relations ◽  
Management Processes ◽  
The Social ◽  
Management Functions

The current atmosphere ruling in the society,the quality of created and contemporary relations among people are in principle simultaneously relatively faitfully projected into the relations inside the family, into the collective. Its approximate reflection is present, therefore, in the living working collective. Deformed social relations are deforming, what is clear, also the environment of economic relations. The atmosphere in the working place is immediately influencing the movement of social relations, from the atmosphere unreeled from the state of the society.However, the most dangerous for the society and its existence is the creation of such a situation and the social atmosphere that are directly determined and channeled by non legal and unrightful practices of concret individuals and groups which are typical for the so called social underworld.It is unavoidably necessary also to proceed to the revision of documents concerning the attained education in the interest of the optimal run of the state and its economics that are shoved by managers in all grades and levels of the state and its public administration management. Such a procedure in the private sector should be activated in the facultative base. It would be necessary to eliminate and to remove - on the basis of the exactly achieve results - from management processes and influence such persons that are not shoving the achieved declared education by the trustworthy way. It will be also necessary to analyze their justification and ways of their selection into the management functions together with the determination of the concrete personal responsibility for the contingent unstandard way in the selection process. After the moral and material social damages counting up it will be inevitably necessary to require the compensation from persons and institutions that caused the mentioned damagers.Means accumulated in such a way will be able to use for the development of public estates.

scholarly journals Codification of Criminal Law in the First Years of the Soviet Rule: From Continuity to Independence

Lex Russica ◽  
2019 ◽  
pp. 154-160
Author(s):  
S. N. Tokareva
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Public Order ◽  
Soviet Rule ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Political Reality ◽  
The Russian Empire

The relevance of the work lies in the study of regulatory legal acts of the Soviet rule, which became the first experience of creating norms of law in the changed socio-political reality, based on new principles, including criminal law.The purpose is to analyze the Guidelines on the criminal law of the RSFSR of December 12, 1919, revealing the features of the content of the document.In the process of research, general scientific methods of the sphere of humanitarian knowledge (e.g. system, structural and functional) were used. Special methods were also applied: technical and legal analysis, specification, interpretation, historical description. Legal experience is analyzed from the standpoint of the relationship of events and phenomena, as well as taking into account their development in a specific historical situation.As early as the end of 1917 the RSFSR People’s Commissariat of Justice headed by the left SR I.Z. Steinberg announced the creation of the Soviet criminal code. The developed document is recognized as an independent normative act, a monument of criminal law, which corresponded to the principle of continuity and was transitional between the legislation of the Russian Empire and the RSFSR.When the leadership of the RSFSR People’s Commissariat of Justice became bolshevik, a working group was created, and as a result, on December 12, 1919, Guidelines on the criminal law of the RSFSR were adopted. The document was the first existing codified act in the field of Soviet criminal law.The guidelines are a small text, the content of which resembles the general part of criminal law. Despite this, it has several fundamental differences from the previous legislation. The main mechanism is repression, and the priority is the interests of workers.The crime is considered as a violation of the order of social relations protected by criminal law. It is defined as an act or omission of an act dangerous for public relations, causing the need for the state authorities to fight against criminals. Despite the fact that the Guidelines identified the stages of the crime, they did not affect the measure of repression, which is determined by the degree of danger of the offender.The task of punishment is to protect public order from the offender and prevention of a crime. Punishments appear in the form of adaptation of the criminal to public order, isolation and, in exceptional cases, physical destruction. However, the punishment should not cause unnecessary and excessivr suffering to the offender. In general, the Guidelines became the basis for the further development of legal doctrine and criminal law, as well as directed the vector of law enforcement activities of new judges.

scholarly journals Any Chance for the Enforceability of the Human Right to Subsistence?

2020 ◽  
pp. 140-162
Author(s):  
Celia Fernández Aller
Keyword(s):  
Fundamental Rights ◽  
Social Rights ◽  
Legal Analysis ◽  
Human Right ◽  
Complex Issue ◽  
Philosophical Foundations ◽  
The Social ◽  
Wide Range ◽  
Policies And Programs ◽  
The Right

It is not true that the idea of the right to subsistence should not give rise to much controversy. In fact, social rights are not considered as fundamental rights by everyone. The aim of this paper is to analyze whether abstract social rights –and the right to subsistence in particular- should be put in constitutions and laws and if judges should be given powers to interpret them. The philosophical foundations and the content of the right are studied and five great challenges are presented, although the most powerful one is to focus on the social and political enforceability of the fundamental right to subsistence. Assessing the effectiveness of the right to subsistence, and the right to food particularly, is a complex issue. In the legal discourse, the question seems to be only suggested.  Even when the Constitutions expressly recognize this right in some countries, its implementation faces many constraints. The progressive realization of ESC rights requires a complex interaction of policies and programs in a wide range of sectors and institutions.The scientific method used in this work is the legal-sociological method, regarding the understanding of the rules, the lack of them, their effectiveness,  etc.   Several methodological techniques have been used, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.

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