Problem of Legal Inheritance of English Medieval Borough: Borough Customs about Debt Obligations

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Marina Vinokurova
Keyword(s):  
Everyday Life ◽  
Collective Responsibility ◽  
Legal Regulation ◽  
Private Space ◽  
Legal Procedure ◽  
Financial Costs ◽  
Proper Order ◽  
The Right

This article is devoted to the problem of legal inheritance of the medieval English boroughs in the field of debt obligations (their regulation by borough customs). Usually this legal regulation was linked with the process of attachment, distress and further confiscation of property in case of default of a debtor. Borough customs organized everyday life of boroughs in due way and brought to life an element of “civilized approach” in the sphere of law. They minimized behavioral anarchy when collecting debt. In spite of the fact that in some boroughs the right of collecting belonged to a creditor, who could distress his debtor right in the street, nevertheless the process of distress wasn’t marked by a total legal arbitrariness. In many cases distress was prohibited inside the house in order not to brake its private space, and a debtor usually received a summon to appear in court (sometimes it was sent thrice). Attachment and subsequent trail provided a special legal procedure and its proper order in the actions of both plaintiffs and defendants, including their behavior before the Jury. Besides, after the sale of property on the account of debt, a defendant could (and often was obliged) initiate so-called replevin, that is return to himself a part of property (or its monetary expression) which had not been sold after cash coverage of debt. He had to initiate so called affidation (appeal to bailiffs through the court). At the service of the persons connected with debt obligations was also a custom of withernam, which provided a collective responsibility of borough community for financial “costs” of its members.

scholarly journals Home in the format of «life-work-leisure» in modern pandemic conditions: a sociological dimension

2021 ◽  
Vol 24 (3) ◽  
pp. 40-48
Author(s):  
Olesya Gudzenko
Keyword(s):  
Everyday Life ◽  
Social Order ◽  
Education Development ◽  
Private Space ◽  
Living Space ◽  
Current Events ◽  
Home Space ◽  
The Right ◽  
The Impact ◽  
Life Work

Unexpected changes, risks and constraints that have arisen in the context of the COVID-19 pandemic have led to transformational changes in the social order of many societies. The effects of the pandemic can now be traced in all spheres of modern life. The usual order of everyday life, the criteria of relevance and interpretive schemes for explainig current events, necessary for life and interaction in society are subject to significant changes and form a "new reality". Sociological discourse immediately responded to ontological shifts with empirical research on the effects of the pandemic in teleworking and distance education, gender and domestic violence, health practices, hygiene, leisure, and new forms of sociality.The pandemic situation has brought to the attention of researchers the daily life of man, which has become more localized in the private space of the home. The new social conditions have forced us to reconsider the requirements for living space. Issues of comfortable planning and personal safety, the ability to work and exercise the right to education, development and entertainment have become even more relevant and defining values in the organization of everyday life of modern man.The combination of different functional areas in a single living space has led to the transformation of the perception of home as a private recreation area. This work is devoted to the study of the impact of existing socio-cultural conditions on the processes of changing the attitude of the citizens of Dnipro to the private space of the house in a new format that combines everyday life, work and leisure. An empirical study of in-depth interviews was conducted to capture changes in the perception of home space in today's pandemic environment. The obtained results testified to a significant transformation of ideas about the organization of everyday life and living space of modern man in the current conditions.

scholarly journals AESTHETICS OF SHOCKS IN THE CONTEXT OF CURRENT EVERYDAY LIFE

2021 ◽  
pp. 143-152
Author(s):  
Lyudmyla Tarnashynska
Keyword(s):  
Everyday Life ◽  
World Literature ◽  
Japanese Literature ◽  
Albert Camus ◽  
Collective Responsibility ◽  
The Other ◽  
Right To Life ◽  
The One ◽  
As Stress ◽  
The Right

Everyday life – regardless of its geographical status – has different dimensions: on the one hand, it is a routine, and on the other hand, it is an attempt to escape from it, to create at least some holiday. In the context of current everyday life, it makes sense to look at its other side: everyday life as stress, affectation of consciousness, etc. It is interesting to observe how the aesthetics of the shock, brought to Ukrainian literature, in particular, by the realities of the 1990s, is modified and filled with new meanings literally before our eyes, and how modern times deform human consciousness, herewith changing the «curve» of surrealism. This is about a phenomenon of the global world – a pandemic as a new experience that has actualized the issue of coexistence and co-responsibility. Experience, preventively studied through fiction and cinema (if «The Plague» by Albert Camus is about the past, then the «The Eyes of Darkness» dystopia by Dean Koontz is about the lethal microorganism «Wuhan 400» in the 1989 edition, which was called «Gorki-400» in the original 1981 version and is a warning fromthe past), now needs a new understanding. After A. Camus’s «The Plague,» one can also appeal to books on the same pandemic theme that have not yet been translated into Ukrainian: for example, Karel Čapek’s play «The White Plague» (1937), «The Steel Spring» by Swedish writer Per Wahlöö (1968), as well as «Blind Faith» dystopia by Ben Elton (2007), where the action takes place in the near future against the background of constant epidemics, and the research focuses on the current topic of vaccination. As a sensitive tool, literature received the reinterpreted theme of ageism for artistic reflection (one can find striking consonance, say, in Japanese literature, in particular in «The Ballad of Narayama» novel by Shichirō Fukazawa), as well as the theme of discrimination on other grounds and social inequality; the theme of a person endowed with power/opportunities and his/her choice to give or not to give the right to life to another; the topic of the area of personal/collective responsibility, boundaries of openness/closedness of societies, as well as the topic of the limit of pragmatism/rationalism, the limits/depth of cynicism. That is, it is about actualizing the presumption of the right to life, the preservation of humanity, which problematizes the other/different content of old, eternal plots of Ukrainian and world literature.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Problems of Legal Regulation in the Digital Space Relations

2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  
Keyword(s):  
Theoretical Basis ◽  
Legal Regulation ◽  
Digital Environment ◽  
International Treaties ◽  
Digital Rights ◽  
Digital Space ◽  
Legal Method ◽  
Balance Of Interests ◽  
Basic Concepts ◽  
The Right

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

Рroblems of the Judicialprotecting the Rights of the Indigenous Peoples of the Far East to Traditional Fisheries

2021 ◽  
pp. 63-72
Author(s):  
Yakunin D. V. ◽  
◽  
Khromin R. V. ◽  
Keyword(s):  
Indigenous Peoples ◽  
Russian Federation ◽  
Far East ◽  
Legal Regulation ◽  
The Far East ◽  
Indigenous Minorities ◽  
The Russian Federation ◽  
The Right ◽  
Traditional Fishing

The article is devoted to the analysis of the problems of protecting the right of indigenous peoples of the Far East to traditional fishing. To improve the legal regulation in this area, according to the author of the article, will allow the development of special procedures for resolving disputes with the participation of indigenous minorities, as well as amending the legislation of the Russian Federation regulating the rules of traditional fishing for indigenous minorities.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

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