Scientific points of view of the MSAL professors on the subject of constitutional law

2021 ◽  
Author(s):  
Aleksa Nikolić ◽  

From the creation until the adoption of the Constitution of 1921 (the so-called Vidovdan Constitution), the Kingdom of Serbs, Croats and Slovenes wandered aimlessly in the constitutional provisional for almost three years. The Vidovdan Constitution finally established some kind of legal organization of the newly formed state. However, the subject of this paper will not be the analysis of social and political circumstances before and after the adoption of the Vidovdan Constitution, but the author will analyze different views on the Vidovdan Constitution from the pens of the most important Serbian, Croatian and Slovenian constitutional lawyers. In that way, through a comprehensive comparative legal analysis, a big step will be made towards shedding light on all the problems that burdened the newly formed kingdom from the start, and which were a stumbling block in building stable relations between Serbs, Croats and Slovenes. Based on the analysis of the mentioned different points of view on the Vidovdan Constitution, the author will point out the most controversial elements of the biggest names in the constitutional law of Serbia, Croatia and Slovenia and report certain conclusions about the nature and character of the Vidovdan Constitution.


Author(s):  
Rashit G. Nurmagambetov ◽  
Valeriy S. Popov

A theoretical and legal study of problematic issues concerning the subject of constitutional regulation is important for the science of constitutional law, and it allows to eliminate the prevailing uncertainty in this matter. As a result of a theoretical analysis of scientists' points of view, the author comes to the conclusion that in its root essence the expediency of addressing the issue of the subject of constitutional regulation is explained by the uncertainty in understanding the essence of the analysed concept in the legal literature. The author believes that the "object of constitutional regulation" and "the subject of constitutional regulation" are different concepts with common ground. The author’s position is proposed to include the principles of constitutional law, the benefits of tangible and intangible nature, digital values of the individual, society and the state, including human and civil rights and freedoms, sovereignty and independence of state power, legal interests, – in the category "object of constitutional regulation". It is they which characterise the special sphere of relations, the sphere of constitutional influence, precisely revealing the content of the "object of constitutional regulation", its volume.


Author(s):  
Pyotr Ivanov

In this article, based on the study and analysis of operational-search legislation, scientific publications, law enforcement practice and the criminal situation in the field of legalization, the operationalsearch counteraction to the legalization of income received from the Commission of tax crimes is considered. The paper focuses on the stages (stages) of laundering, the existing points of view on this account, as well as on the methods of illegal withdrawal of funds abroad. The author of the article aimed to develop scientifically based proposals and recommendations for improving the effectiveness of this type of activity by the territorial bodies of internal Affairs and their divisions of economic security and anti-corruption. It is proposed to put forward and work out operational search versions within the subject of study, as well as to develop, taking into account the methods (schemes) used by criminals to launder criminal proceeds and illegally withdraw funds abroad for the purpose of their subsequent legalization, operational search measures to document their criminal actions. In addition, the author recommends constant monitoring of money laundering methods based on operational and investigative practices. The results and key conclusions formulated in this article can be used in the theory and practice of operational investigative activities of internal Affairs bodies to counteract the legalization of income received from tax crimes.


1991 ◽  
Vol 56 ◽  
Author(s):  
N. Lust ◽  
B. Muys

In  densely populated areas, such as Flanders, serious conflicts arise due to the  afforestation of agricultural lands. Roughly speaking, three sectors are  involved: agriculture, forestry and nature conservation. These groups do not  always share the same points of view. But even within the different sectors  there are several subgroups with their own interests and approaches.  Generally speaking, agriculture is strongly opposed, forestry has a  relatively diversified meaning, whereas nature conservation is either opposed  or in favour, depending on the region's biological value.     The policy in this matter is not forest friendly. Legislation strongly  hampers the afforestation of agricultural lands. Moreover the subject leads  to a series of ecological problems, which have not really been considered up  to now.


2020 ◽  
Vol 72 (2) ◽  
pp. 236-242
Author(s):  
K. Galiyeva ◽  
◽  
S. Isakova ◽  

The article is devoted to the definition of concept in modern linguistics. Various points of view and definitions of the basic concepts are considered: "concept", "conceptual sphere", "content". The aim of the article is to describe and explain such a complex unit as a concept from the point of view of linguistics. The object of research is studied in its various manifestations, the combination of verbal and nonverbal means of information expression in the conceptual sphere is revealed. the relevance of this topic is due to the need for a detailed consideration of the concept of concept based on the works of prominent scientists and linguists. Researchers treat the concept as a cognitive, psycholinguistic, linguocultural, cultural and linguistic phenomenon. The concept is an umbrella term because it "covers" the subject areas of several scientific fields: primarily cognitive psychology and cognitive linguistics.


2021 ◽  
Vol 15 (3) ◽  
pp. 386-410
Author(s):  
Andrew Lapworth

The recent ‘nonhuman turn’ in the theoretical humanities and social sciences has highlighted the need to develop more ontological modes of theorising the ethical ‘responsibility’ of the human in its relational encounters with nonhuman bodies and materialities. However, there is a lingering sense in this literature that such an ethics remains centred on a transcendent subject that would pre-exist the encounters on which it is called to respond. In this essay, I explore how Gilles Deleuze's philosophy offers potential opening for a more ontogenetic thinking of a ‘nonhuman ethics’. Specifically, I focus on how his theory of ‘individuation’ – conceived as a creative event of emergence in response to immanent ontological problems – informs his rethinking of ethics beyond the subject, opening thought to nonhuman forces and relations. I argue that if cinema becomes a focus of Deleuze's ethical discussions in his later work it is because the images and signs it produces are expressive of these nonhuman forces and processes of individuation, generating modes of perception and duration without ontological mooring in the human subject. Through a discussion of Verena Paravel and Lucien Castaing-Taylor's experimental film –  Leviathan (2012)  – I explore how the cinematic encounter dramatises different ethical worlds in which a multiplicity of nonhuman ‘points of view’ coexist without being reduced to a hierarchical or orienting centre that would unify and identify them. To conclude, I suggest that it is through the lens of an ethics of individuation that we can grasp the different sense of ‘responsibility’ alive in Deleuze's philosophy, one oriented not to the terms of the already-existing but rather to the nonhuman potential of what might yet come into being.


1930 ◽  
Vol 24 (3) ◽  
pp. 666-686 ◽  
Author(s):  
Oliver P. Field

State courts determine, in the absence of constitutional provision to the contrary, whether amendments to state constitutions have been proposed and adopted in the manner provided for these constitutions. Not every minor deviation from the course of action marked out in the constitution for its amendment is deemed sufficient to justify the court in declaring that the amendment has been “unconstitutionally adopted,” but whether these deviations are serious enough to warrant such a declaration is a question to be determined by the courts themselves. Statutes supplementing constitutional provisions on the subject of amendment are valid if not in conflict with the constitutional provisions themselves, and substantial compliance with these rules is also required by the courts. Sometimes the provisions regulating the subject of publication of proposed amendments are constitutional; at other times they are statutory. In either case, publication in the manner provided for, and for the period of time provided for, is necessary to the validity of the amendment. Publication for two weeks, when the period should have been four weeks, was deemed sufficient by the Nebraska court to invalidate the amendment involved.


1946 ◽  
Vol 19 (1) ◽  
pp. 176-186
Author(s):  
J. H. E. Hessels

Abstract The rubber particles in the latex of Hevea brasiliensis are present in the form of a polydispersion, and their diameters lie within the range of 0.1 to 3 microns. The rubber hydrocarbon itself is composed of a mixture of macromolecules of different degrees of polymerization. Rubber latex is, therefore, a system which is at the same time both polydispersed and polymolecular. It is well known that the degree of dispersion of a substance governs to a great extent certain properties of the substance. Moreover, astonishing as it may seem, in the great number of investigations which have been made of the composition and properties of latex and crude rubber, almost no attention has been paid to the part which may be played by the dimensions of the latex particles. However, in an investigation concerned with the centrifugation of latex, Loomis and Stump have called attention to this possibility, and in a study of latex obtained by fractionation, and in which the majority of the latex particles were of large dimensions, McGavack came to the conclusion that the protein content is proportional to the surface area of the globules. This limited knowledge of the subject seemed to warrant a more thorough study of the problem, which is of fundamental importance both from the theoretical and practical points of view. The investigation as a whole divided itself into three essential parts: (1) separation of latex into fractions containing particles of different sizes, and measurement of the state of dispersion in these fractions, (2) a study of the relation of these fractions to the composition of the rubber, i.e., the relation between the content of nonrubber components and the size of the latex particles, and (3) a study of the changes in the properties of the rubber hydrocarbon with change in the size of the latex particles. The latex used in this investigation was ordinary latex, containing 38–40 per cent dry-rubber content and preserved with ammonia. For the most important points, a concentrated latex (creamed latex containing 60 per cent dry-rubber content) was also tested. These two latices were about two years old when the investigation was started, and they gave results which were in good agreement with each other. In the present paper, only the data obtained with the first of the two latices are presented.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
M. H Badii ◽  
A. R. Pazhakh ◽  
José Luis Abreu Quintero ◽  
R Foroughbakhch

Palabras claves: Ciencia, ECOEE, investigación, métodosResumen. El objetivo de esta obra no radica en realizar una búsqueda exhaustiva de la literatura en el tema, sino, sentar las bases del método científico, notando los aspectos filosóficos e éticos de la ciencia. Se presentan los conceptos y definiciones fundamentales relacionados con la metodología de la investigación científica. Se maneja el concepto de la toma de los datos válidos como un requisito básico en cualquier trabajo científico. Se pone a disposición del lector un modelo denominado el ECOEE que es una herramienta poderosa para establecer puntos de comparación e discusión entre los resultados de diferentes trabajos científicos. Finalmente, ofrece unas sugerencias de que hacer o no hacer en cuanto a realizar un trabajo de investigación.Key words: ECOEE, methods, research, Science Abstract.The aim of this paper is not to conduct a thorough literature search on the subject material, but to stress the fundamentals of the scientific methodology along with the philosophical and ethical issues thereof. The basic concepts and definitions in relation to research methodology are presented. The concept of data collection as a basic requisite in any scientific work is discussed. The ECOEE model as a strong tool in establishing different points of view and comparison among the results of different scientific works are laid out. Finally, some tips and suggestions are given as what to do or to avoid in conducting scientific research.


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