scholarly journals Some Problems of Investigative Experiment Regulatory Framework

Lex Russica ◽  
2021 ◽  
pp. 142-154
Author(s):  
V. Yu. Stelmakh
Keyword(s):  
Video Recording ◽  
Personal Characteristics ◽  
Legal Regulation ◽  
Individual Characteristics ◽  
Material Objects ◽  
Voluntary Participation ◽  
Regulatory Issues ◽  
Fundamental Possibility ◽  
Legal Nature ◽  
Trace Formation

The paper analyzes the investigative experiment regulatory issues. It is stated that because of the extreme conciseness of legal regulation, many aspects are based on scientific developments. The purpose of the investigative experiment is to establish whether the algorithm of trace formation as a result of the experimental actions performed by the investigator corresponds to the mechanism that took place when committing a criminal act.The conditions of the investigative experiment are highlighted: 1) exclusion of danger to the health and life of its participants; 2) similarity of the situation with that which took place during the checked event; 3) voluntary participation; 4) the inadmissibility of reproducing a crime. The cases in which the participation of the person who committed the act in the course of the crime is required (to check individual characteristics and skills), and in which the replacement of this person with a stand-in is possible (to check the fundamental possibility of a phenomenon that is not related to individual qualities) are differentiated.The main participant of the investigative experiment, if his personal characteristics are checked, must have the procedural status of a witness, victim, suspect or accused. Specific participants of the investigative experiment are distinguished: the understudy and the assistant, who are not given an independent procedural status. Proposals for participation in the investigative experiment of all persons who are in one way or another concerned with the results of experimental actions are considered. Such proposals are unrealistic, instead, it is proposed to use a video recording to record the progress of the investigative experiment, which can be demonstrated to other participants in the proceedings.Taking into account the legal nature of the investigative experiment, it is stated that it is impossible to seize material objects directly within the framework of this investigative action; they can be seized after its completion, during inspection or seizure.

scholarly journals REGULATORY AND LEGAL SUPPORT OF ACTIVITIES OF EXECUTIVE BODIES OF LOCAL COUNCILS AT THE BASIC LEVEL IN UKRAINE

2020 ◽  
Vol 1 (9) ◽  
pp. 28-32
Author(s):  
Yuliia Кovalchuk ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Regulatory Issues ◽  
Legal Principles ◽  
Legal Nature ◽  
Grassroots Level ◽  
Basic Level ◽  
Different Levels ◽  
Proper Analysis

The article is devoted to the characteristics of regulatory and legal support for the activities of executive bodies of local councils at the basic level in Ukraine. The genesis and legal nature of the executive bodies of local councils at the basic level in Ukraine, constitutional and administrative-legal principles of regulation of relations in the activities of the relevant executive bodies are studied. The study of the relevant provisions of public law becomes even more important and relevant during the administrative-territorial reform and the creation of united territorial communities. Thus, the purpose of the study will be, in particular: to clarify the state of municipal legislation governing the activities of executive bodies of local councils at the grassroots level, in part their formation and principles of their activities, to determine its effectiveness and relevant regulatory issues. The author systematizes and sets out different levels of legal regulation, which reveal the relevant elements of the mechanism of legal regulation and procedures for the formation of executive bodies and the establishment of forms of their responsibility in the process and during activities. It is noted that the complexity of this problem is the lack of a full-fledged institution of legal regulation of executive bodies of local councils at the basic level. Accordingly, determining its genesis, fragmenting its structure into separate legal elements will allow for a proper analysis of the provisions. The author tries to reveal the criteria of effectiveness of municipal legislation and propose a classification of regulations, which in turn allow for a proper analysis of the problems of legal regulation of the executive bodies of local councils at the basic level in Ukraine.

The Cornucopia in the Minefield

2020 ◽  
Vol 54 (1-3) ◽  
pp. 253-279
Author(s):  
Jennifer B. Spock
Keyword(s):  
Soviet Union ◽  
Individual Characteristics ◽  
Social Classes ◽  
Material Objects ◽  
Daily Lives ◽  
Building Projects ◽  
Holy Trinity ◽  
Spiritual Path ◽  
The Soviet Union ◽  
Limited Scope

Abstract The study of monasticism in Russia has found new acolytes since the dissolution of the Soviet Union. With the separation of the Soviet republics, religion became, and continues to become, a vibrant subfield of Russian studies. This article examines the problems inherent in attempting to grasp the day-to-day life of monks and monasteries given their individual characteristics, social classes, roles, and the wide variety, yet often limited scope, of various texts and material objects that can be used as sources. The vast source base is an embarrassment of riches in one sense, but problematic in another as prescriptive and normative texts must be understood in context. One important element that has not been directly addressed is the cacophony of sound, the interruptions, and the distractions of the constant activity of expanding cloisters in the sixteenth and seventeenth centuries. How did monks maintain their spiritual path and pious duties when on service expeditions outside the monastery: when engaged in salt-production, fishing, trade, rent-collecting, or other activities outside its walls? How intrusive were building projects, which abounded in the period, or even efforts to adorn the churches? How strict was oversight, or how weak? Such questions still need answers and can only be fully understood by integrating diverse source bases. This article uses Solovki, Holy Trinity, and Kirillov monasteries to exemplify the problems that remain in understanding the daily lives of monastics and their adherents within and without the confines of the cloister.

The Automatic Algorithm of Filling Hole Based-Mesh Panel Information Based-System Management

2013 ◽  
Vol 321-324 ◽  
pp. 2106-2109
Author(s):  
Fei Yan Ren
Keyword(s):  
Financial Management ◽  
Factor Model ◽  
Personal Characteristics ◽  
Individual Characteristics ◽  
System Management ◽  
Private Companies ◽  
Management Structure ◽  
Study Results ◽  
The Relationship ◽  
Educational Field

One of the most important factors of management in obtaining organization targets is effectiveness of financial management structures, and user of the financial management structures have more important role in the effectiveness of the structures. The purpose of this research is to study the influence of human factors including personal and individual characteristics of user of financial management structures based on effectiveness PC. For this target, a sample includes 2354 offices, organizations, private companies and organizations than apply financial management structure based-PC. Has been selected randomly and the investigative data has been counting using questionnaires. In order to find personal characteristics of users, the particular questionnaires which are designed according to four factor model of personality, has been done. In order to research the relation between effectiveness of the structure and personality, four hypotheses based on four features of personality. Moreover, in order to find the relationship between expertise (educational level, educational field and amount of training curriculum of PC knowledge), job satisfaction and experience of users, and effectiveness of the accountancy management structure based-PC, some hypotheses have been studied and written. The study results indicates that personal characteristics including Agreeableness, openness, Conscientiousness and experience working , is efficient on the financial management structures based-PC.

Conspicuous consumption of luxury experiences: an experimental investigation of status perceptions on social media

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Carolin Siepmann ◽  
Lisa Carola Holthoff ◽  
Pascal Kowalczuk
Keyword(s):  
Social Media ◽  
Personal Characteristics ◽  
Conspicuous Consumption ◽  
Individual Characteristics ◽  
Luxury Goods ◽  
Content Type ◽  
The Status ◽  
Self Actualization ◽  
The Individual ◽  
High Level

Purpose As luxury goods are losing their importance for demonstrating status, wealth or power to others, individuals are searching for alternative status symbols. Recently, individuals have increasingly used conspicuous consumption and displays of experiences on social media to obtain affirmation. This study aims to analyze the effects of luxury and nonluxury experiences, as well as traditional luxury goods on status- and nonstatus-related dimensions. Design/methodology/approach After presenting the theoretical foundation, the authors conduct a study with 599 participants to compare status perceptions elicited by the conspicuous consumption of luxury goods, luxury experiences and nonluxury experiences. The authors investigate whether experiences that are visibly consumed on Instagram are replacing traditional luxury goods as the most important status symbols. Furthermore, the authors examine the effects of the content shown on nonstatus-related dimensions and analyze whether status perceptions differ between female and male social media communicators. Finally, the authors analyze how personal characteristics (self-esteem, self-actualization and materialism) influence the status perceptions of others on social media. Findings The results show that luxury goods are still the most important means of displaying status. However, especially for women, luxury experiences are also associated with a high level of social status. Thus, the results imply important gender differences in the perceptions of status- and nonstatus-related dimensions. Furthermore, the findings indicate that, in particular, the individual characteristics of self-actualization and materialism affect status perceptions depending on the posted content. Originality/value While the research has already considered some alternative forms of conspicuous consumption, little attention has been given to experiences as status symbols. However, with their growing importance as substitutes for luxury goods and the rise of social media, the desire to conspicuously consume experiences is increasing. The authors address this gap in the literature by focusing on the conspicuous display of luxury and nonluxury experiences on social media.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals Scientific Concepts of a Deputy’s Mandate: Apology and Criticism

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Scientific Concepts ◽  
Government Structure ◽  
The Public ◽  
Legal Nature ◽  
Historical Comparative ◽  
Representative System

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals ISSUES OF LAW ENFORCEMENT PRACTICE ON THE USE OF SPECIAL EQUIPMENT FOR PHOTO AND VIDEO RECORDING FOR IMPOSING ADMINISTRATIVE LIABILITY FOR TRAFFIC VIOLATION: COMPARATIVE AND LEGAL ANALYSIS OF LEGAL RULES ON ADMINISTRATIVE LIABILITY IN THE RUSSIAN AND FOREIGN LAW

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Наталия Сухарева ◽  
Nataliya Sukharyeva ◽  
Павел Падеров ◽  
Pavel Paderov
Keyword(s):  
Video Recording ◽  
Legal Regulation ◽  
Technical Equipment ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Automatic Equipment ◽  
Special Equipment ◽  
Legal Rules ◽  
Traffic Violation ◽  
Administrative Proceedings

This article deals with the problem of using special technical equipment for automatic recording of traffic violations. The article draws attention to certain important issues concerning administrative liability of vehicle possessors (owners), when a traffic violation is recorded by special automatic equipment, in particular: special characteristics of a subject of administrative offense, exceptions to the «presumption of innocence» principle; peculiarities of administrative proceedings in such cases. When writing this article the authors used the method of comparative legal analysis. The article contains comparative analysis of administrative legal rules of the Russian Federation, and those of the Federal Republic of Germany and the Republic of Belarus. The main conclusion of the study performed is that lawmakers have not sufficiently examined the issue of imposing administrative liability on vehicle owners for the offenses, recorded by special technical equipment, operating in the automatic mode, which leads to some problematic aspects in legal regulation of relevant administrative relations.

scholarly journals THE PROBLEMS OF DRAFTING AND IMPLEMENTATION OF REGION STRATEGIC PLANNING ACTS

2021 ◽  
pp. 3-8
Author(s):  
A.A. Gvozdeva
Keyword(s):  
Strategic Planning ◽  
Legal Regulation ◽  
Regional Level ◽  
Legal Nature

Article research is in the problems of drafting and implementation of region strategic planning acts.The article analyzes the legal nature of region strategic planning acts, the analysis of the normative field ofstrategic planning of individual regions is carried out, explores the gaps of legal regulation in the areas ofdrafting and implementation of planning documents at the regional level. The article addresses the issuesof constitutional regulation of region strategic planning acts, solutions suggested.

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