scholarly journals Human Rights in a Digitalized Society

2019 ◽  
Vol 9 (4) ◽  
pp. 90-102
Author(s):  
Yu. А. Chernysheva
Keyword(s):  
Information Technology ◽  
Human Rights ◽  
Digital Technology ◽  
Evidence Based ◽  
Technology Application ◽  
Scientific Methods ◽  
Legal Study ◽  
Methodological Basis ◽  
General Scientific ◽  
Current Stage

The article focuses on a comprehensive theoretico-legal study of the content, features and problems of human rights realization in the context of digitalization of society as well as on following development of evidence based recommendations, practical mechanisms aimed at the viable defence of human rights and freedoms in modern Russia. The methodological basis of the study is represented by the general scientific dialectic method and a set of scientific methods of understanding (technical, systemic structural, aristotelian method). The results show that at the current stage of the development of society, the state is required to protect human rights and interests in the context of global digitalization. The legislator should determine the forms of information turnover; establish the rights and duties of participants in “digital” legal relations; the limits of digital technology application. It is concluded that the development of information technology is accompanied by the abuse of such means for criminal purposes, and also emphasizes the development needs of legal measures to counter offenses and crimes in the field of digitalization of all areas of society.

scholarly journals ORGANIZATION OF ENSURING THE ECONOMIC RELIABILITY OF A MODERN INDUSTRIAL ENTERPRISE

2021 ◽  
Vol 230 (4) ◽  
pp. 404-409
Author(s):  
A.R. TERENTEVA ◽  
Keyword(s):  
Industrial Enterprise ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Industrial Enterprises ◽  
Levels Of Organization ◽  
Technological Approach ◽  
General Scientific ◽  
Comparison And Analysis

This article proves the need to create a system of organization for providing economic reliability by forming a mechanism for economic reliability based on the process-technological approach, suggests the author's gradation of the levels of organization for ensuring economic reliability and reveals their relationship with the level of economic reliability of industrial enterprises in the conditions of technological dynamics. The methodological basis of the study was made up of general scientific methods of classification, generalization, comparison, and analysis.

scholarly journals Categories of reasonableness and good faith in private law regulation

2021 ◽  
Vol 7 (3A) ◽  
pp. 60-66
Author(s):  
Natalya I. Besedkina ◽  
Vasily V. Gushchin ◽  
Taimuraz E. Kallagov ◽  
Tatiana V. Larina ◽  
Zlata V. Makarchuk
Keyword(s):  
Financial Markets ◽  
Good Faith ◽  
Private Law ◽  
Structural Concrete ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Legal Nature ◽  
Two Factors ◽  
General Scientific ◽  
Law Regulation

The purpose of the article is to study the legal nature and essence of the categories of reasonableness and good faith in the field of private law regulation in the legislation of modern Russia. The methodological basis of the research was the general scientific dialectical method of cognition and the private scientific methods that follow from it: system-structural, concrete-sociological, technical-legal, historical-legal, and comparative legal methods. Their application allowed the authors of the article to study the objects under consideration in their interrelation, integrity, comprehensively and objectively. The article concludes that good faith is essential in filling the gaps in the legislation. It is not always possible to establish a single rule, to approve a norm that excludes unfair conduct. The gaps are not only due to legislative errors. Two factors have an important impact: the diversity of relations and their constant development in different areas (for example, e-commerce, financial markets).

scholarly journals Accounting for non-current assets in budgetary institutions: problems and solutions

Ekonomika APK ◽  
2020 ◽  
Vol 314 (12) ◽  
pp. 22-28
Author(s):  
Mykhailo Prodanchuk ◽  
Yuliia Bezdushna
Keyword(s):  
Information Technology ◽  
Internal Control ◽  
International Standards ◽  
Practical Significance ◽  
Accounting System ◽  
Basic Principles ◽  
Scientific Methods ◽  
Budgetary Institutions ◽  
Problems And Solutions ◽  
General Scientific

The purpose of the article is to identify problematic aspects of accounting for non-current assets and to suggest their solutions using information technology and documentation. Research methods. The methodological basis of the study is a systematic approach to the study of the processes of reflection of non-current assets in the accounting of budgetary institutions. The epistemological method is used to clarify and deepen the meaning of the concept of "non-current assets". Analysis, synthesis, induction, deduction, abstraction, idealization and generalization, as general scientific methods of cognition, are used to develop the basic principles of the theory, methodology and organization of accounting for non-current assets. Bibliographic and bibliometric types of analysis provided identification of trends in the theory and methodology of accounting, as well as problematic aspects of non-current assets. The method of formalization made it possible to make suggestions on how to solve the problematic aspects of accounting for non-current assets. Research results. Identifying of problematic aspects in the accounting for non-current assets of budgetary institutions allowed to offer options for their solution, which will deepen the informativeness of accounting and reporting data and ensure their accuracy, reliability and comparability. Improving the accounting aspects of the reflection of non-current assets will also help increase the effectiveness of internal control (including inventory), and thus their management in budgetary institutions. Scientific novelty. Theoretical and practical provisions for accounting for non-current assets of budgetary institutions are improved. Ways to improve the accounting and internal control of non-current assets for the needs of management in budgetary institutions are proposed. Practical significance. In order to bring the national accounting system in line with international standards and in accordance with the needs of management, it is proposed to improve the reflection in the accounting of non-current assets of budgetary institutions through the use of information technology and documentation. Refs.: 11.

scholarly journals The ecological component of agrotourism development under the COVID-19 pandemic

2021 ◽  
Vol 39 (69) ◽  
pp. 870-881
Author(s):  
Roman Oleksenko ◽  
Stanislav Bilohur ◽  
Nina Rybalchenko ◽  
Iryna Verkhovod ◽  
Halina Harbar
Keyword(s):  
Rural Areas ◽  
Social Processes ◽  
Rural Tourism ◽  
Psychological State ◽  
Social Benefits ◽  
Scientific Methods ◽  
Environmental Component ◽  
General Scientific ◽  
Tourism Organization ◽  
Current Stage

The study was conducted to identify the environmental component in the development of agrotourism and its impact on the psychological state of society in the COVID-19 pandemic. The experience of European countries shows the environmental, economic, and social benefits of agrotourism. The methodological basis of the study is the general scientific methods of cognition and social processes (analysis, synthesis, generalization, classification) together with sociological methods of obtaining empirical data. The National Tourism Organization of Ukraine has declared 2020 as the year of green rural tourism, an important component from which agrotourism arises. It is concluded that, la peculiarity of the development of agrotourism in Ukraine at the current stage is the acquisition of innovative forms of organization according to the growing needs of consumers, the efficient use of the natural, ecological, socioeconomic, and historical-cultural potential of the territory and the achievement of the required level of profitability. The situation of crisis and instability is accompanied by the presence of uncertainty associated with the COVID-19 pandemic; the need to form the concept of tourism development 4.0; introduction of ICT and development of innovative technologies in agrotourism in rural areas; training of professionals in the field of agrotourism.

scholarly journals Substantial Violation of Human Rights and Freedoms as a Prerequisite for Inadmissibility of Evidence

Justicia ◽  
2021 ◽  
Vol 26 (39) ◽  
pp. 47-56
Author(s):  
Serhii Yevhenovych Ablamskyi ◽  
Liudmyla Volodymyrivna Havryliuk ◽  
Valentyna Georgievna Drozd ◽  
Olena Volodymyrivna Nenia
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Domestic Courts ◽  
General Scientific

Objective: The aim of the article is to analyze the various legal and theoretical provisions related to the determination of legal content of the concept of finding evidence inadmissible due to substantial violation of human rights and freedoms. Method: The authors use general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, generalization and logical, are applied. Results: The problematic issues of the procedure for finding evidence inadmissible due to substantial violation of human rights and freedoms in the criminal proceedings of Ukraine are studied. Some essential violations in collecting evidence by the prosecution are under focus. The ECHR’s case-law with regard to procedure for finding evidence inadmissible is analyzed. The implementation of the doctrine of "fruit of the poisonous tree" and specificity of its application to direct and derivative evidence by domestic courts and the case law of the ECHR is considered. Conclusions: The authors argue that the investigator is required to comply with the procedure for investigative actions prescribed by the provisions of the CPC of Ukraine in order to ensure human rights and freedoms. The analysis of the application of provisions of the CPC of Ukraine and the ECHR’s case law regarding the issue raised enables to formulate sound conclusions.

scholarly journals Pre-Trial Prevention of Insolvency: Technology, Procedures, Innovations

2019 ◽  
Vol 8 (12) ◽  
pp. 710-719
Keyword(s):  
Comparative Law ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Insolvency Law ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Economic Entity ◽  
General Scientific ◽  
Insolvency Proceedings ◽  
The Relationship

The purpose of this work is to determine the essence of pre-trial prevention of insolvency of an economic entity, consider the content of this phenomenon, and study its use in order to prevent the existing negative consequences of insolvency proceedings in the economy. The methodological basis of the study comprises the general scientific dialectical method of cognition, which allows considering the institutions of law in the relationship, integrity, and development. Special and specific scientific methods are used: historical and legal, formal and logical, the method of comparative law. In order to achieve this result, the following more specific tasks are proposed: to determine the place of pre-trial prevention of insolvency of an economic entity within the framework of the institution of insolvency; to isolate the structure of the phenomenon of pre-trial prevention of insolvency; to determine the essence of the specific aspects of pre-trial prevention of insolvency; to analyze the features of individual procedures and develop proposals for the legal regulation of their conduct; to develop proposals to improve domestic insolvency law in order to ensure the possibility of preventing the negative consequences of bankruptcies in the pre-trial stages. Based on foreign experience, it is proposed to regulate the activities of domestic entrepreneurs in the field of pre-trial prevention of insolvency of economic entities at the legislative level.

scholarly journals Legally relevant messages in the inter-branch analogy of the law

2019 ◽  
Vol 7 (3) ◽  
pp. 21-25
Author(s):  
Varvara Bogdan ◽  
Olga Korotkikh
Keyword(s):  
Structural Analysis ◽  
Russian Federation ◽  
Court Cases ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Administrative Procedure ◽  
Public Nature ◽  
General Scientific ◽  
The Russian Federation ◽  
Significant Factors

The article deals with the specifics and prospects of using legally relevant messages in different branches of law. Also the authors analyze the court cases in order to determine the problems of efficiency of such using. Among the significant factors preventing the application of article 165.1 of the Civil code of the Russian Federation in other branches of law, the authors draw attention to the imperfection of the norm itself, and also emphasize its public nature in some cases. The authors note that the messages as part of the procedure for the seizure of land have legal relevance for their owners. The methodological basis of the research is a set of general scientific and private scientific methods such as: system-structural, analysis, formal-legal, logical and others. Scientific novelty of the research is that the authors, on the basis of theoretical insights, legislation and court cases propose to identify the legally relevant messages in the administrative procedure for searching holders of the seizuring property as appropriate and necessary way of ensuring the rights and lawful interests of these holders.

scholarly journals Threats to human rights in a globalized world

2020 ◽  
Vol 10 (39) ◽  
pp. 5-19
Author(s):  
Vira I. Tymoshenko ◽  
Sergiy I. Maksymov ◽  
Larysa O. Makarenko ◽  
Оlena S. Kravchenko ◽  
Sergiy S. Kravchenko
Keyword(s):  
Human Rights ◽  
Social Life ◽  
Research Process ◽  
Negative Consequences ◽  
Personal Integrity ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
The Right ◽  
Globalized World

The purpose of the article is to investigate the human rights threats associated with globalization, to identify the consequences of the transformation of human rights under the influence of globalization and to prevent them. The following issues were considered to achieve the research objectives: the essence of globalization, its positive and negative consequences were determined; the existing threats to human rights were identified; the main factors of crime in the age of globalization are described; crime is considered as a form of violation of human rights. The system of philosophical, general-scientific and special-scientific methods was applied to obtain reliable results, in particular: formal-logical, systemic, structural-functional, formal-legal methods and the method of comparison. The following statements have been established in the research process: сertain democratic values, including rights and freedoms, can be used as a means of geopolitical influence under the influence of globalization processes; such negative phenomena as extremism, terrorism, poverty are the causes of human rights violations; criminal threats cannot be considered outside the context of globalizing and humanitarian processes in a globalizing society; crime is one of the factors that affects social life and violates human rights, especially the right to life, liberty and personal integrity.

scholarly journals Correction of convicts by reorientation of their emotional-volitional qualities

2021 ◽  
Vol 229 (6) ◽  
pp. 56-61
Author(s):  
TATIANA V. KIRILLOVA ◽  
Keyword(s):  
Pilot Study ◽  
Personality Traits ◽  
Key Words ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Preventive Work ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject

The article examines scientific approaches to the study of the emotional and volitional spheres of convicts’ personality, their importance for the organization of corrective impact, corrective and preventive work with various categories of convicts. The subject of the article is the official statistics, scien- tific literature on the problem considered. The aim was to study the emotional and volitional qualities of convicts. The methodological basis of the research was formed by the system-structural, formal-logical methods, general scientific methods of analysis and synthesis. As a result of the work carried out, the concepts of «emotional sphere of personality» and «volitional sphere of personality» were studied in relation to the realities of the penitentiary society. The results of a study of the emotional-volitional qualities of convicts are presented, the classification of convicts according to their emotional-volitional qualities is substantiated. Conclusions are made about increasing the effectiveness of corrective impact on convicts, taking into account the results of the pilot study. Key words: convicts, emotional and volitional personality traits, diagnostics, correction, corrective impact.

scholarly journals The State and Human Rights: The Problems of Restrictions in the Pandemic

Legal Concept ◽  
2020 ◽  
pp. 41-46
Author(s):  
Lyubov Pozharova ◽  
Natalia Kosolapova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Social Relations ◽  
Emergency Situation ◽  
Dialectical Materialism ◽  
The State ◽  
Scientific Methods ◽  
Political Relations ◽  
Analysis And Synthesis ◽  
General Scientific

Introduction: in the context of modern life related to the fight against the COVID-19 pandemic, human rights and their implementation whose main goal is the existence of important social, economic and political relations are forced to be limited by the state. In this regard, the authors of the paper aim to analyze the problems that arise when the state interferes with the private sphere, and suggest the solutions that can serve as the additional guarantees of the full exercise of their rights by citizens. Methods: when writing the paper, the provisions of dialectical materialism and such methods as deduction and induction, analysis and synthesis, system, logical and other general scientific methods were used. Results: as a result of the analysis of the prevailing political and environmental conditions, it is possible to state that in an emergency situation, people often mistakenly perceive measures coming from the state as restrictions on their rights, which causes them to feel insecure and vulnerable. This may exacerbate a pre-existing sense of discrimination and inequality among certain social groups that require special economic and social support from the state. The research focuses on the problem of creating the necessary conditions for the state to ensure that individuals exercise and protect their rights without putting their lives and health at risk. The authors also consider the aspects related to citizens’ access to participation in solving socially significant issues of public administration. Conclusions: as a result of the research, the main problems that arise from the state’s restricting the rights in the pandemic are considered, as well as possible solutions that allow the state to effectively ensure stability in society, guaranteeing the implementation of basic human and civil rights and freedoms, and creating equal and stable social relations.

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