scholarly journals OPPORTUNITY OF RATIONAL LEGISLATOR IN PRACTICE: LITHUANIA

2020 ◽  
pp. 77-86
Author(s):  
Darijus Beinoravičius ◽  

The legislator, officials of the state apparatus and the lawyers – all those who face creation, application, and systematization of legal acts – are especially interested in the perfection of such technique. Thinking in legislation is the key element in a process in which the legislator – both legal (lawyer) and political – has to choose one of the many solutions that consolidate social compromise. Legislative technique in Lithuanian doctrine is interpreted in a narrow and a broad sense. This article proves the necessity for the purview of laws to be determined by needs of the society and not by the will of authorities; it also explains how the legislator should apply legal sociology for this purpose. Scientific methods of legal sociology in lawmaking have been introduced relatively recently. The impact of law on political authorities in the process of lawmaking is reflected in actual legally consolidated politics. As legal awareness – „the spirit of law“ – has a direct impact on political processes and determines establishment of procedures, therefore politics itself becomes a part of law. Herewith in political processes the law becomes dynamic and politics itself becomes entrenched in law. In this article interpreting the legislative technique in a broad sense, as a set of methods and means used in preparation, publication and systematization of legal acts, one of its goals should be distinguished – to improve the legislative process from a technical point of view. In Lithuania, it needs to be noted that the content of these requirements have undergone positive changes in quality with the changes of legal acts. In addition to general technical – linguistical requirements material content requirements have been set forth, constituting the scope of individual regulation, the relationship with other legal acts, the essential principles of public relations regulated, etc. At the same time, references to the source of official publication were abandoned, and all these changes lead to conclusion, that the legislative technique in this area has become simpler and clearer and it contributes to the development of better lawmaking.

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.


2015 ◽  
Vol 20 (2) ◽  
pp. 42-48
Author(s):  
Emanoil Muscalu ◽  
Alexandru Rizescu ◽  
Alexandru Marius Rizescu

Abstract The economic context in the recent years has undergone major changes in modern methods and techniques used in management. The current competitive environment is characterized by permanent turbulences influencing firstly the managerial act itself. Out of the many methods and techniques applied so far, some turn out to be less adaptable to the current economic and social context. In the same train of ideas, the organizations always looking for sources of competitive advantage have the tendency of applying innovation and the new in the field. Another trend noted in the current management is that of going towards using operational management methods that enable the replacement of the current descriptive empirical management with certain regulatory and scientific methods. From this point of view the study aims to highlight the competitive advantage generated by applying the participative management as a management method used within the organizations in order to obtain a better efficiency of the economic activities.


2021 ◽  
Vol 65 (2) ◽  
pp. 145-160
Author(s):  
Tatyana Kicheva ◽  

In a dynamic crisis situation such as the current one, the forecasts for the impact of COVID-19 on the world economy and the development of individual countries and cities are constantly changing. The impact of COVID-19 has turned many industries upside down in unexpected ways. More organizations switch to remote working environments for their employees due to the current world health crisis. The purpose of this article is to outline the opportunities and challenges facing Bulgarian employees working from home during the MarchApril 2020 state of mergency and beyond. We discuss the many advantages and disadvantages of remote work from an individual point of view.


Author(s):  
GREGORY CURRIE

This chapter discusses the impact of narratives on the imaginative faculties of the readers. Imaginative engagement with a narrative has two aspects: what is to be imagined from the narratives and how it is imagined. The second aspect requires the notion of a point of view wherein readers imagine the events of the story from a certain vantage point, which involves eliciting certain kinds of responses to the events and to the characters who act them out. Narratives have the capacity to prescribe a certain point of view just as they are able to enforce what is to be imagined. This capacity to prescribe specific point of view is done not through explicit direction but rather through the expressive nature of the narratives. In this chapter, the focus is on the many relevant factors that motivate the readers to imitate or adopt the point of view offered by the authors or the narratives. It examines the tendency of readers to respond imitatively to their own imaginative construction of the author’s mind.


1972 ◽  
Vol 50 (22) ◽  
pp. 2792-2800 ◽  
Author(s):  
H. R. Zaidi

The problem of collisional narrowing and broadening of spectral line shape in a gas is considered from the point of view of propagator technique of the many body theory. The case in which the radiator and perturbers are of different species is considered in this paper. In the impact limit, the propagator equations reduce to a form which is a generalization of the classical equations used in the previous theories. The line shapes resulting from the two approaches are compared and possible generalizations are discussed.


2020 ◽  
Author(s):  
Reinhard Keil

Computer science and the humanities seem to belong to two opposite sides within the spectrum of scientific methods and research. In the domain of digital humanities, however, formalization and hermeneutic interpretation have to be integrated. As will be argued in this article, this integration provides a fundamentally new challenge to both disciplines. In particular, researchers from the humanities want to be sure that using the tools provided by computer science (big data, machine learning, etc.) do not change insights in any non-expected way. However, even if this could be partially secured, it cannot be achieved in general for most of the research practices. As will be demonstrated in the context of digital editions in musicology, it is impossible to design technology in a neutral or context-free manner. Due to the interests of different actors and institutions, numerous design conflicts arise where the implementation of requirements violates other, equally valid demands. To balance these conflicting requirements invariably brings some bias to the overall design. Thus, it is important to develop a strategy for identifying potential influences as well as the impact of design decisions throughout the whole process of developing tools and infrastructures. The paper presents an approach for hypotheses driven design of digital tools and infrastructures from a computer science point of view, placing great emphasis on supporting mutual understanding and ensuring a transparent design process.


2018 ◽  
Vol 15 (5) ◽  
pp. 812-823
Author(s):  
M. A. Miller

Introduction.The article is devoted to the study of the regional manufacturing industry of the Siberian Federal District from the standpoint of economic security. The purpose of the article is to analyze the manufacturing industries on the basis of the proposed indicators group and in the context of ensuring economic security of the Siberian federal district.Materials and methods.The scientific methods of logic, comparison, as well as the method of the statistical materials’ analysis are used in the research. The analysis of the manufacturing industry was carried out in two groups of indicators:1)            indicators determining the socio-economic importance of the manufacturing industry for the region;2)            indicators of the export potential of the regional manufacturing industries, contributing to the development of the region.Results.The main results of the study are in identifying the regions of the Siberian Federal District, in which the manufacturing industry is the most important component in supporting the development of the region and maintaining its economic security. Moreover, special attention is paid to the contribution of manufacturing industries to the socio-economic stability of the Omsk region.The paper touches upon the theoretical and methodological provisions related to the study of the role of manufacturing industry in the development of the country and its regions and in improvement of methods for assessing regional economic security. The author proposes the group of indicators that allow more accurately reveal the impact of manufacturing industry on the socio-economic condition of the region.Discussion and conclusion. The conducted research allows supplementing the existing scientific directions with the approach, which clarifies the assessment of the manufacturing industry with an analysis of its export potential indicators, in order to expand the comprehensive understanding of the most problematic points of regional development from economic security point of view.


2020 ◽  
Vol 6 (8) ◽  
pp. 210-215
Author(s):  
B. Karypov

The development of digital technologies in all spheres of public life is an actual issue for states. Globalization processes spawn the need for broad integration, where digital technologies come to the fore on the development of an effective state with law-making that meets modern requirements. The use of digital technologies allows legal monitoring of the legislation system, ensuring the elimination of gaps, duplication, changes in the legislative acts. The article considers the problems of informatization and digitalization of law-making activity in the Kyrgyz Republic. The object of the study is public relations arising in the process of informatization and digitalization of the law-making activity of state authorities of the Kyrgyz Republic. The subject of the study is the theoretical and practical problems of the introduction and further development of information and digital technologies in the legislative process of the Jogorku Kenesh of the Kyrgyz Republic to increase the level of adopted regulatory legal acts and the effectiveness of lawmaking in general. While studying the problem, universal and specific scientific methods of cognition were used: analysis and synthesis, deduction and induction, historical and comparative. The results of the study allow us to conclude that the activity on the adoption, amendment and repeal of normative legal acts should correspond to a dynamically developing economy.


2021 ◽  
Vol 4 (2) ◽  
pp. 244-259
Author(s):  
Nurlaili Nurlaili

Money waqf can be used to overcome socio-economic problems that occur in Indonesia, this should be an opportunity to respond to the impact of the Covid-19 pandemic. As stated in the maqasid sharia concept, responding to a pandemic requires strategic and clear goals. This research paper aims to analyze whether the use of cash waqf has been optimally utilized or not at the time of covid 19, as well as cash waqf in terms of maqasid shariah. This study uses qualitative methods, using descriptive analysis in library research. The results of this study indicate that the use of cash waqf in Indonesia is still not optimal in overcoming the impact of this pandemic, there are several regions that still do not feel the distribution of the use of cash waqf. From the maqasid shari'ah point of view, the use of cash waqf is in accordance with As-Syatibi's description of the three mandatory concepts, namely "dharuriyah, hajiyah and tahsiniyah". This study provides advice to stakeholders such as scholars, universities, or schools and the government together provide understanding to the public regarding money waqf, with the many understandings of money waqf in Indonesia, of course adding nominal cash waqf funds to be utilized according to socio-economic needs in Indonesia and can make social networks to help micro-communities in need Keywords: Waqf money, covid-19 pandemic in Indonesia, Maqasid Shari'ah   ABSTRAK. Waqf uang dapat diperuntukan mengatasi masalah sosial-ekonomi yang terjadi di Indonesia, hal ini harusnya dapat menjadi sebuah peluang untuk merespons dampak dari pandemic Covid-19. Sebagaimana tertuang dalam konsep maqashid syariah, merespons pandemi membutuhkan tujuan yang strategis dan jelas. Makalah penelitian ini bertujuan untuk menganalisis penggunaan waqf uang telah dimanfaatkan secara optimal atau belum pada saat covid 19, serta waqf uang ditinjau dari maqasid shariah. Pada penelitian ini menggunakan metode kualitatif, dengan menggunakan analisis-deskriptif pada penelitian library research (kepustakaan). Hasil dari penelitian ini menunjukkan bahwa penggunaan waqf uang di Indonesia masih belum optimal dalam mengatasi dampak dari pandemi ini, terdapat beberapa daerah yang masih belum merasakan pemerataan dari pemanfaatan waqf uang. Dari sudut maqasid shari’ah, penggunaan waqf uang telah sesuai dengan uraian As-Syatibi tentang tiga konsep wajib, yaitu “dharuriyah, hajiyah dan tahsiniyah”. Penelitian ini memberikan saran kepada stakeholder seperti para ulama, universitas atau sekolah dan pemerintah bersama-sama memberikan pemahaman kepada masyarakat terkait wafqf uang, dengan banyaknya pemahaman waqf uang di Indonesia tentu menambahkan nominal dana waqf uang untuk dapat dimanfaatkan sesuai dengan kebutuhan sosial-ekonomi di Indonesia dan dapat menjadikan jaringan sosial untuk membantu masyarakat mikro yang membutuhkan. Kata kunci: Waqf uang, pandemi covid-19 di Indonesia, Maqasid Shari’ah


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