scholarly journals On Issue of the Subject Matter of International Law Philosophy

2019 ◽  
Vol 6 (2) ◽  
pp. 42-52
Author(s):  
Mark Vladimirovich Shugurov

This article offers a comprehensive view of most significant aspects of the subject matter of international law philosophy. The purpose is a framing the conceptual model of its subject matter and is to identify general themes of further discussion. The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author has used the system principle and the historical principle. As results of given study are following: justifying the idea of international law as a main subject matter of respective philosophy; explicating the content of the notion “contemporary philosophy of international law”; demonstrating the differences between theory of international law and international law philosophy. The conclusions drawn are conceptual provisions that, firstly, international law philosophy is an independent legal science. Secondly, its vocation is to investigate not only philosophical foundations of international law but also philosophical foundations of international law doctrine. Thirdly, the contemporary international law philosophy must provide the dialog between versions of understanding of international law that are typical for various civilizations.

2021 ◽  
Vol 25 (4) ◽  
pp. 872-887
Author(s):  
Anastasiya E. Semyonovikh

The relevance of the research topic is justified by the rapid technological development of genetics and genomics and introduction of genetic technologies and inventions in scientific and medical practice, which is not provided with a proper systematized legal protection in national and international legislation. The legislators problems are caused by the uniqueness and complexity of the genomic legal relationship. The subjects of knowledge in the framework of post-non-classical scientific rationality need to focus on the epistemological philosophical foundations of the knowledge of genomic legal relations. The purpose of the study is to identify and reflect the features of knowledge of the legal protection of genomic legal relations. Research tasks suggest defining the concept and composition of genomic legal relations, identifying the object and subject of legal protection of genomic legal relations, distinguishing between the concepts of "legal safeguard" and "legal protection" of genomic legal relations. The methodology of scientific research includes the dialectical method, general scientific logical operations (deduction and induction, analysis and synthesis), and private scientific methods (formal legal and comparative legal methods). Within the framework of the methodology of post-non-classical scientific rationality, a systematic approach to the study of the object of knowledge is used - the study of the structure, functional and instrumental aspects of the protective genomic legal relationship.


Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.


2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV

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.


2021 ◽  
pp. 25-50
Author(s):  
Svitlana NASAKINA

Introduction. The article discusses the features of proper names in advertising texts of veterinary pharmaceuticals. Attention is paid to the description of structural and semantic features of anthroponyms. We investigate proper names as the part of the structure of advertising texts of veterinary pharmaceuticals. The purpose of the article is the analysis of anthroponyms in advertising texts of veterinary pharmaceuticals. The object of the study is proper names in advertising texts of veterinary pharmaceuticals. The subject of the study is anthroponyms in advertising texts in the beginning of the 20th century. Materials and methods. The purpose determines the choice of methods in our study: general scientific methods of systematization, analysis and synthesis, quantitative analysis were used. The descriptive method of advertising texts is used in the work. Among the special linguistic methods, structural one was used, which helped in determining the features of the structure of anthroponyms. Anthroponyms for our research have been taken from the newspaper “Public Veterinary Bulletin” for the period of 1904-1906 years. Results. As a result of the study, structural and semantic features of anthroponyms were established. Сonclusions. Anthroponyms learned in advertising texts of veterinary pharmaceuticals in the beginning of the 20th century had been used almost in all analyzed texts. The practical value of the work lies in the fact that the analysis of anthroponyms in advertising texts opens up prospects for further researches, which may be connected with the identification of the specific characteristics of proper names in the advertising texts of veterinary pharmaceuticals in different languages. Summing up, a thorough analysis of the advertising texts of veterinary pharmaceuticals helped to establish the structure and functioning peculiarities of anthroponyms.


2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.


2021 ◽  
Vol 10 (40) ◽  
pp. 244-252
Author(s):  
Oleksii Humin ◽  
Dmytro Nykyforchuk ◽  
Nataliia Pavliuk ◽  
Olena Volobuieva ◽  
Andrii Antoshchuk

The purpose of the article is to formulate the basic theoretical principles and practical recommendations for forensic support for the international search. Subject of research: The subject of research is the concept, content, objectives and features of the implementation of forensic support for the international search. Methodology: In the course of the research general scientific methods, such as the methods of analysis and synthesis, induction and deduction, specification, summarization and analogy, etc. were used. Research results: According to the results of the research, it is substantiated that the international search is a complex legal institution and a separate form of international cooperation. Forensic support in this context is to create the conditions of preparedness and implementation of methods, tools, techniques of forensics in order to solve the problems of the international search. Practical consequences: It is proved that the international search is carried out according to certain stages, where certain measures of forensic support are necessary to be applied. Value / originality: Forensic support for the international search is to maximize the use of modern advances in science and technology to expand the range of sources of forensic information that can be applied in the international search.


Author(s):  
Oleg Vasilyevich Tikhanychev

The subject of this research is the process of development of software products for Automated Control Systems of industrial and special designation. The object of this research is the functional responsibilities of the software developers based on their roles in this process. The general scientific methods of analysis and synthesis were applied in studying the peculiarities of the development of software products. Leaning on analysis of the content of technical documentation standards that regulates the software development for automated systems of special designation and determines the content of the process and functions of its participants, the author synthesized the suggestions on clarification of the list of experts engaged in the process and their competences. The problem is articulated regarding the improvement of functional responsibilities of the participants of this process. It is proposed to specify the technical documentation standards, list of involved experts, and their training programs. Execution of such measures should help to bring the process of development of software products for Automated Control Systems in compliance with the current demands.


Author(s):  
Elena Yur'evna Eseva

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.


2020 ◽  
Vol 164 ◽  
pp. 09009 ◽  
Author(s):  
Vyacheslav Bezdenezhnykh ◽  
Diana Arutiunian ◽  
Elena Karanina

The importance of research is determined by the increasing need for identification and authentication of goods in order to ensure country economic resilience through counterfeit deterrence. In this article based on relationship practice of labelling (chipping) process participants, interest harmonization proposals for the participants are justified in order to prevent and deter counterfeit and falsified goods. The purpose of the work is to reduce the risks through improving interchain relationship between labelling (chipping) process participants in the fight against illegal trafficking in goods as a procurement mechanism of State economic resilience through considering the problems in relationship between chipping process participants and possible risks in the process of their communication, proposing measures to minimize risks in the interaction process of the participants and characterizing the measures proposed. The object of the research is technological methods of protection against counterfeit. The subject of the work is a relationship system of interest harmonization and communication improvement between producers using product chipping technology (RFID, Data Matrix), labelling operator, government and consumers during counterfeit and falsified good combat. Methodology: the study used general scientific methods of analysis and synthesis, a method of modeling and analogy, as well as a special statistical and economic method.


2021 ◽  
Vol 229 (6) ◽  
pp. 56-61
Author(s):  
TATIANA V. KIRILLOVA ◽  

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.


Sign in / Sign up

Export Citation Format

Share Document