scholarly journals CONCEPTUAL AND STRUCTURAL ANALYSIS OF PROCEDURAL OBLIGATION

2020 ◽  
pp. 73-86
Author(s):  
Olga V. Nikolaychenko ◽  
Keyword(s):  
Structural Analysis ◽  
Law Enforcement ◽  
Scientific Concept ◽  
Ideal Model ◽  
Deterministic Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Definition Of ◽  
Normative Content

For the legal characteristic of procedural duties in their content aspect, the concepts of "procedural duty" and "performance of procedural duty" are correlated. Dialectical, herme-neutic and deterministic methods of cognition were of particular methodological importance for the formation of a scientific concept of the content of procedural duty. They made it pos-sible to identify the existing scientific concepts of the definition of procedural obligation. General scientific systemic method of cognition in conjunction with analysis and synthesis predetermined the consideration of procedural obligation as an ideal-model behavior of a person, as well as actually implemented. In this way the "establishment - execution" of obli-gation as legal categories gets different normative content and interpretative coloring. The characteristic of procedural obligation, based on system-structural and system-functional approaches, is proposed. The first one is predetermined by the place of duties in the norms of law, where they are personified in the norms-prescriptions, norms-prohibitions. The classifi-cation of legal prescriptions into general normative and specific (sectoral) ones has been car-ried out. The second approach predetermined the study of the execution of procedural obliga-tion in "movement", through the study of stage-by-stage and private (single) implementation of normative potential. Ideally, the objective of any scientific concept, especially in jurisprudence, is to program the behaviour in which the sectoral objective is achieved. In law enforcement practice, how-ever, there is a different legal result that falls far short of the normative setting and the realisa-tion of the dispositive powers of those concerned. This manifests itself when the court in-stances erroneously failed to take into account the specific factual circumstances of the case in question as a basis for applying a particular part of the legal act's article. Consequently, the court has formally fulfilled the procedural obligations imposed on it by the law, but in fact their fulfilment did not lead to the intended goal, which constitutes the broader justification for the substantive part of the procedural obligation. It is also possible to look at the duty in a narrower way. This is the case when the court has not fulfilled the procedural obligation imposed on it as a formally defined obligation and has not performed the procedural act or has not performed it in full and in an inappropriate manner.

Strategic threats to energy security as risks of quality of people's life

2020 ◽  
Vol 16 (4) ◽  
pp. 730-744
Author(s):  
V.I. Loktionov
Keyword(s):  
Quality Of Life ◽  
Energy Security ◽  
Well Being ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Economic Well Being ◽  
The Way

Subject. The article reviews the way strategic threats to energy security influence the quality of people's life. Objectives. The study unfolds the theory of analyzing strategic threats to energy security by covering the matter of quality of people's life. Methods. To analyze the way strategic threats to energy security spread across cross-sectoral commodity and production chains and influences quality of people's living, I applied the factor analysis and general scientific methods of analysis and synthesis. Results. I suggest interpreting strategic threats to energy security as risks of people's quality of life due to a reduction in the volume of energy supply. I identified mechanisms reflecting how the fuel and energy complex and its development influence the quality of people's life. The article sets out the method to assess such quality-of-life risks arising from strategic threats to energy security. Conclusions and Relevance. In the current geopolitical situation, strategic threats to energy security cause long-standing adverse consequences for the quality of people's life. If strategic threats to energy security are further construed as risk of quality of people's life, this will facilitate the preparation and performance of a more effective governmental policy on energy, which will subsequently raise the economic well-being of people.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals Tourism orientation as a business paradigm for the development of united territorial communities

2020 ◽  
pp. 177-185
Author(s):  
A. Pechenyuk
Keyword(s):  
Rural Communities ◽  
Customer Orientation ◽  
Problem Analysis ◽  
Theoretical Approaches ◽  
Tourism Product ◽  
Analysis And Synthesis ◽  
New Business ◽  
General Scientific ◽  
Definition Of ◽  
Theoretical Foundations

The subject of the research is tourist orientation as a component of the business paradigm of development of territorial communities of Ukraine The purpose of the study is to substantiate the theoretical foundations and criteria for the formation of a new business paradigm of tourism orientation of rural communities. General scientific and special research methods are used. Scientific method - for systematization of existing theoretical approaches to the researched problem; analysis and synthesis (for detailing the object and subject of research and their generalization); abstract-logical (in the formation of generalizations, conclusions and proposals; the method of systematic approach - in considering tourist orientation as a system consisting of a number of interconnected elements, and, interacting, affects the communication and social efficiency of rural communities; the method of scientific abstraction - when allocating stable, typical connections in tourism orientation, which allowed to form criteria for assessing the tourist orientation of communities. Tourist orientation as a direction of formation of business paradigm of development of united communities is investigated. It is established that the strengthening of the tourism-oriented component will contribute to the creation of an innovative tourism product and attract new consumers. The main approaches to customer orientation are studied, the connection between the defined definition and tourist orientation is established. The own definition of tourist orientation of communities is offered. The stages of formation of a positive tourist-oriented environment are outlined. The principles of tourist orientation are described, cognitive marketing is defined as the basis for the formation of consumer loyalty. The criteria of tourist orientation are given and the indicators that characterize it are determined. The results of the study can be used to develop an effective strategy for rural development, taking into account and evaluating the criteria identified by the study at the stage of forming a business paradigm of tourism orientation of the community will increase investment in infrastructure, dissemination of information technology, restoration, reconstruction, objects of historical and cultural heritage, the formation of information, cognitive and tourist competencies of community residents. Key words: united communities, tourism orientation, tourism development, business paradigm, tourist impressions, cognitive marketing.

scholarly journals SEARCH AND REMOVAL OF PROHIBITED ITEMS FROM THE HUMAN BODY: MEDICAL– PROCEDURAL ASPECT

2021 ◽  
Vol 74 (11) ◽  
pp. 3048-3052
Author(s):  
Oleksandr M. Drozdov ◽  
Oksana V. Lazukova ◽  
Serhiy O. Shulgin
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Body ◽  
Scientific Concept ◽  
Criminal Proceedings ◽  
Empirical Basis ◽  
Photographic Image ◽  
European Court ◽  
General Scientific ◽  
Procedural Aspect

The aim: Based on the research, to develop a scientific concept of medical and procedural aspects of restricting a person’s right to physiological integrity related to the removal of prohibited items from his/her body and formulate recommendations for their implementation in law enforcement practice. Materials and methods: The empirical basis of the study were five decisions of the European Court of Human Rights, the results of a survey of prosecutors, investigators, and lawyers, processing of materials of criminal proceedings. The practical evidence of the authors, their advocacy, and service in the prosecutor’s office was also taken into account. To demonstrate the method of prohibited substances’ concealment in a human body, a photographic image was used based on the results of the examination of a person using a scanner conducted by customs officials. The methodological basis of the research is a complex combination of general-scientific and special methods, in particular, system-structural, comparative-legal; sociological; statistical; as well as the method of generalization. Conclusions: The removal of evidence from a person’s body is a strip search. The basis for this investigative action should be a court decision, and in urgent cases, the prosecutor. This investigative action must be carried out with the obligatory participation of a physician. To this end, it is necessary to develop an appropriate medical protocol.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals AUDIT AS A FORM OF CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 31 ◽  
Author(s):  
Ihor Bohdaniuk ◽  
Vladyslav Kolisnichenko ◽  
Olena Ustymenko
Keyword(s):  
The State ◽  
Structural Method ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The aim of the article is to review the audit as a form of control of the State Financial Inspection of Ukraine and to analyse its forms and types. The subject of the study is the audit as a form of control of the State Financial Inspection of Ukraine. Research methodology. The research is based on the use of general scientific and specialscientific methods and techniques of scientific knowledge. The dialectical method made it possible to investigate the definition of the audit as a form of control of the State Financial Inspection of Ukraine and the procedure for its appointment. The comparative legal method was used in order to compare doctrinal approaches to this issue. Interpretation of the content of normative legal acts of domestic legislation was carried out with the help of the normative-dogmatic method. These acts regulate the problem of appointment and conduction of the audit. The system-structural method was used for the study of the audit institution as a whole (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some parts of this institute to formulate further conclusions about its most optimal functioning. Practical impact. The analysis of types of audits, as well as their characteristic features, helped to develop recommendations for improving the procedure for conducting audits by the State Financial Inspection of Ukraine, as well as to identify problematic issues that require further consideration and research. Correlation/originality. In the research, there was made a proposal about audits, which are carried out by the State Financial Inspection of Ukraine and its territorial bodies. The proposal was to make them a form of forecasting control. It was recommended to qualify the fact of prevention the officials of the controlling body from carrying out the audit, checking or not providing the necessary documents for audit and verification as an administrative offense. A special attention was paid to the timeliness of the selection of explanations from the involved persons during the detection of offenses.

scholarly journals Effectiveness standards for investigation of corruption crimes: Theory and practice

2021 ◽  
Vol 10 (44) ◽  
pp. 295-306
Author(s):  
Oleksandr Ostrohliad ◽  
Oleksandr Torbas ◽  
Viktor Zavtur ◽  
Vladyslav Sydorchuk ◽  
Oleh Fedoriv
Keyword(s):  
Structural Analysis ◽  
Scientific Knowledge ◽  
Case Law ◽  
Functional Method ◽  
Theory And Practice ◽  
Dialectical Method ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Procedural Decisions

The article deals with development of a doctrinal system of effectiveness standards for the investigation of corruption crimes. The study used a number of philosophical, general scientific and specific methods of gaining scientific knowledge, including: dialectical method, hermeneutic method, method of systemic and structural analysis, methods of analysis and synthesis, functional method, formal legal method and modeling method. It is proposed to define the investigation effectiveness as the feature of pre-trial investigation, which is characterized by the ability to achieve the tasks envisioned in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) and can be assessed by checking the number of objectively necessary procedural actions and the effectiveness of making intermediate and final procedural decisions. It is emphasized that the general standards of investigation effectiveness, formulated by the case law of the ECHR, are partially taken into account in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) through stating the need of investigation being efficient, complete and impartial. The authors formulate scientific approaches to determining the main criteria for the effectiveness of pre-trial investigation of corruption crimes.

scholarly journals CONSTITUTIONAL EXPERIMENT: REGULATORY APPROACHES IN FRANCE AND SPAIN

2019 ◽  
Vol 7 (5) ◽  
pp. 917-920
Author(s):  
Marina V. Markhgeym ◽  
Goar G. Zagaynova ◽  
Alla N. Gutorova ◽  
Aleksej N. Nifanov ◽  
Evgeniy E. Tonkov
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Policy ◽  
Scientific Knowledge ◽  
Cultural Institutions ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Difference ◽  
Control Body

Purpose: The article is devoted to the study of the constitutional experiment features in France and Spain. The author analyzes the regulations, including the constitutions and laws of both France and Spain. It also provides the analysis of constitutional regulation methods in these countries. Methodology: The methodological basis of the study was the set of scientific knowledge leading methods. The methods of analysis and synthesis are widely used among general scientific ones, formal legal and comparative legal methods are among private scientific ones. Result: The analysis of approaches to the formalization of the constitutional-legal experiment on the example of two European countries - France and Spain - showed the difference in corresponding models and levels. France developed the system of the state constitutional legal experiment regulation at the level of the Constitution and other legal acts (organic law, regulations, etc.), taking into account the corrective law-enforcement practice of constitutional control body - the Constitutional Council. The implementation of constitutional legal experiments in France was associated with the decentralization of power, the activities of public scientific and cultural institutions, criminal justice, social policy, etc. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional Experiment: Regulatory Approaches in France and Spain is presented in a comprehensive and complete manner.

scholarly journals THEORETICAL BASES AND PRACTICAL ASPECTS OF SCALING HIGH-TECHNOLOGY DRIVER COMPANIES INNOVATIVE DEVELOPMENT

2020 ◽  
Vol 2 (29(56)) ◽  
pp. 39-41
Author(s):  
I.O. Malyhina
Keyword(s):  
System Analysis ◽  
Technological Development ◽  
High Tech ◽  
Innovative Development ◽  
Synthesis System ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Theoretical Foundations

The relevance of the study is confirmed by the high importance of innovative and technological development of the economy. The aim of the study is to analyze the theoretical foundations of scaling high-tech companies, drivers of innovative development. Thebasis of the study was general scientific methods: analysis and synthesis, system analysis, induction. The author's definition of high-tech companies-drivers. The theoretical foundations for scaling up high-tech companies as the basis for innovative and technological development of the economy have been improved.

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