scholarly journals Ethnolinguoculturology as an Integral Field of Scientific Research

2020 ◽  
Vol 2020 (3) ◽  
pp. 22-29
Author(s):  
Natalya B. Boeva-Omelechko

The relevance of this work is due to the formation of a new integrated area of research ethnolinguoculturology, and the lack of a clear approach to the definition of objects and subjects of ethnolinguistics and cultural linguistics (linguoculturology), which are integral parts of this new area. The purpose of the work is to determine the object and subject of ethnolinguistics and сultural linguistics based on the analysis of scientific works of domestic and foreign authors related to this problem. The author substantiates the position that the object of synchronic ethnolinguistics are ethnospecific phenomena of language (non-equivalent vocabulary, lexical units with ethno-specific structures, values, idioms and proverbs, reflecting the peculiarities of the mentality, ethno-specific derivational means, grammatical forms, syntactic structure, part-of-speech form of words), and the subject – the specific features of the worldview, axiology and pragmatics of a particular ethnic group. The object of cultural linguistics, according to the author, is the verbalized part of the «language of culture» (culturallymarked words and expressions, phraseological units and proverbs, lacunae, verbal and non-verbal symbols (for example, birch as a symbol of Russia), mythologems (for example, living and dead water), rites and beliefs, rituals and customs, enshrined in language, slogans, precedent phenomena, etiquette formula). and etiquette rules of speech and non-speech behavior, and the subject is the culturally significant information contained explicitly or implicitly in the verbalized units of the language of culture, as well as the national specificity of etiquette rules.

Author(s):  
N. Sergiienko

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).


10.23856/4621 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 160-168
Author(s):  
Dmytro Kots ◽  
Maksym Kudrytskyi ◽  
Valentyna Dolia

The article analyzes the problematic issues of determining the content of the concept of protection of restricted information, in particular, the authors analyze the existing terminology used by the legislation of Ukraine on the protection of restricted information. The authors of the article, based on existing legislation regulating such information storage measures as information protection, technical protection of information, cryptographic protection of information, cyber protection, using the deductive method of research derived the definition of “protection of restricted information”. In addition, using various scientific research methods, the authors of the article highlight the issues of legal uncertainty and contradictions in the concepts of some types of restricted information protection, which are found in the guidance documents on the subject of research. Also, in the article: the properties of information are derived and the types of operations with information are determined. This took into account the understanding of the concept of “restricted information”, which was defined by one of the authors in his previous work; the idea of the content of protection of restricted information is summarized, and also each of properties of the information which make the content of its protection is investigated.


2021 ◽  
pp. 83-90
Author(s):  
Oleh MUZA

In the article the phenomenon of real acts as a public administration tool is researched. The consolidation of public administration tool «real acts» was first embodied in the German doctrine of administrative law. The scientific research of real acts in the Ukrainian administrative law hasn’t yet received the necessary results. It’s formulated the definition of real acts as informal decisions or actions of public administration bodies which are adopted or committed outside the legal regulation of administrative activities and aimed at communication with private persons. It’s determined the legal features of real acts: 1) they are informal decisions or actions of public administration bodies; 2) the purpose of their application is to inform private persons about socially significant information or to reach a consensus between public administration bodies and private persons during the administrative procedure; 3) their content doesn’t reflect the final result of the power influence of public administration bodies; 4) they are additional illegal means of communication of public administration bodies with private persons; 5) may be appealed in court in case of violation of the rights, freedoms or interests of private persons. It’s noted that the real acts for the legal nature and form of adoption (committed) aren’t administrative acts. It’s concluded that real acts complement the system of public administration tools and reflect the part of administrative activity of public administration bodies, which doesn’t have a legal formalization. The use of real acts by public administration bodies allows to increase the efficiency of relations with private persons during the occurrence of administrative procedure relations. The real acts aren’t legal facts that can lead to the dynamics of administrative legal relations, but their application may be subject of court legal proceedings to protect the rights, freedoms and interests of private persons with public administration bodies. Administrative procedural legislation of Ukraine should contain provisions on the possibility of applying real acts in order to expand the possibilities of public influence of public administration bodies on various spheres of public administration.


Bastina ◽  
2021 ◽  
Vol 31 (53) ◽  
Author(s):  
Dragan Lj. Tancic ◽  
Dalibor M. Elezović

In all sciences, there is a general agreement that hypotheses can be defined under the rules of scientific defining. Consequently, with most authors in different sciences and scientific disciplines, it is indisputable that there is a general agreement of different theoretical and methodological directions that hypotheses are based on assumptions about the phenomenon, problem, and subject of research, which are expressed in the form of attitudes and judgments and have some cognitive value, in all sciences as well as in historical research. Hypotheses are determined by the definition of the problem, the subject of the research, and the goals of the research, primarily scientific ones. Hypotheses in all sciences, even historical ones, consist of variables and attitudes of a hypothesis that expresses the relations between variables. It is necessary to distinguish hypotheses in the process of acquiring scientific knowledge and in scientific research projects.


2019 ◽  
pp. 166-169
Author(s):  
S. I. Chernobaiev

The legislation of Ukraine does not contain a legal definition of the concept of “jurisdiction”, although at the theoretical level this legal category has repeatedly become the subject of scientific research, its content and types have been constantly transformed depending on changes in the legislation of Ukraine. The socio-political situation caused by the violation of the territorial integrity of Ukraine, the priority of the state’s criminal policy in the fight against terrorism, corruption, have become a prerequisite for the emergence of new bodies of pre-trial investigation, changes in the procedural status of the investigator. This allows us to continue scientific research in the direction of improving the definition of “jurisdiction”, the definition of its characteristic components, species and more. The article discusses the relation between the terms “investigator competence” and “jurisdiction”, arguing that the former is broader. Attention is drawn to the normative construction of the articles of the Criminal Procedure Code of Ukraine, which define the rules of subsidiarity, in particular, in retrospect. Analysis of the criteria under which a criminal proceeding is assigned to the sphere of activity (management) of a particular pre-trial investigation body, in particular, the place of commission of a criminal offense, qualification of a criminal offense (event of a criminal offense, nature of the consequences, the subject of the criminal offense, its form guilt), the special status of the subject of the crime, the type and size of the object of the crime and the harm caused by the criminal offense, the status of the victim, the connectedness of actions, etc., allowed to conclude on the expediency of introducing into scientific circulation the concept of “criminal procedural characteristics of criminal offenses” The author defines the concept of “jurisdiction” by which the constituent competence of an investigator for conducting pre-trial investigation of a certain category of criminal proceedings, which is determined depending on the criminal procedural characteristic of a criminal offense, should be understood.


Author(s):  
Alla Hrebeniuk

The purpose of the article is devoted to the purpose of the definition of characteristics and conceptsof the communication system of the legal sphere (in aspects of branch document science). The methodologyconsists of the application of methods of analysis, synthesis, comparative method, with the help of whichscientific works related to the subject of scientific research are studied. Scientific novelty. The absence ofresults, the formation of which is devoted to the article, has been established. It was found that a number ofworks, which to some extent concern our scientific interests, do not solve the purpose of the search highlightedin the publication. The spectrum of characteristic features is singled out and the concept of the communicationsystem of the legal sphere is formulated for the first time. Conclusions. The following characteristics ofthe communication system of the legal sphere were identified: functioning in the process of subjects of lawinteraction; implementation through the exchange of legal information through oral and written forms ofspeech; the prevalence of the documentary aspect due to the documentary display and dissemination of legalinformation, as well as the use of functional styles, the combination of which creates the phenomenon ofdocumentary linguistic expression of legal thought; acquisition of communicative qualities related to the fieldof jurisprudence. A definition for the communication system of the legal sphere has been formulated. It is aform of organization of legal entities that interact by exchanging legal information through scientific, officialbusiness, journalistic, epistolary functional-stylistic mechanisms and communicative qualities of correctness,clarity, accuracy, brevity, expediency, logic, purity, conciseness, in which the documentary aspect plays adecisive role.Keywords: communication system, legal sphere, a connection of document science with legal sphere,methods of legal information transfer, communicative qualities of jurisprudence language, functional andstylistic mechanisms of a communication system of the legal sphere.


Author(s):  
Vitaliy Areshonkov

The basic normative legal acts regulating carrying out of researches connected with forensic engineering as a section of forensics are considered. The law regulates the conduct of investigative actions in the detection, recording, seizure and investigation of objects that contain forensically significant information and can be used as evidence in criminal proceedings. The basic provisions of the Constitution of Ukraine are considered, which must be observed during conducting of forensic investigations. According to the author, in the draft law "On forensic activity in Ukraine" among the terms that are used in the text of the bill itself and are important for interpretation, namely: "expert institution", "head of expert institution". The head of the expert institution is the subject of the expert activity, but his authority, the amount of work performed, the competence is somewhat different from that of the ordinary expert. Therefore, it is necessary not only to provide the definition of the head of the expert institution, but also to supplement the bill with a separate article, where to state its rights and responsibilities. The following definition of the head of an expert institution is considered appropriate: "a person who performs the function of leadership during the organization and conduct of judicial examination in a subordinate unit". The author does not support the views of some scholars on the need to regulate these examina-tions in the Criminal Procedure Code of Ukraine (CCP). In our opinion, the types of expertise are of sci-entific rather than procedural importance, so it is not necessary to burden the CCP of Ukraine with unnec-essary provisions.


1980 ◽  
Vol 19 (04) ◽  
pp. 187-194
Author(s):  
J.-Ph. Berney ◽  
R. Baud ◽  
J.-R. Scherrer

It is well known that Frame Selection Systems (FFS) have proved both popular and effective in physician-machine and patient-machine dialogue. A formal algorithm for definition of a Frame Selection System for handling man-machine dialogue is presented here. Besides, it is shown how the natural medical language can be handled using the approach of a tree branching logic. This logic appears to be based upon ordered series of selections which enclose a syntactic structure. The external specifications are discussed with regard to convenience and efficiency. Knowing that all communication between the user and the application programmes is handled only by FSS software, FSS contributes to achieving modularity and, therefore, also maintainability in a transaction-oriented system with a large data base and concurrent accesses.


Author(s):  
Denis Tikhomirov

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.


Author(s):  
Ingrid Diran

Agamben describes his posture as a reader as one of seeking a text’s Entwicklungsfähigkeit, or capacity for elaboration.1 In examining Agamben’s practices of reading, we can attend to the opposite phenomenon: the counter-elaboration that a text, in having being read by the philosopher, performs upon Agamben’s own thought. This reciprocal elaboration might constitute a paradigm for Agamben’s use of reading, according to his own idiosyncratic definition of use as an event in the middle voice, in which (according to a definition of Benveniste) the subject ‘effects an action only in affecting itself (il effectue en s’affectant)’ (UB 28). With this definition in mind, we could say that Agamben effects a text (he writes) only to the extent that he is also affected by another text (he reads). This is why Agamben’s position as a reader proves particularly important to any assessment of his work, quite aside from the problem of influence or intellectual genealogy. For this same reason, however, assessing Agamben’s relation to Antonio Negri – a figure with whom, by most measures, he is at odds – poses an unexpected challenge: how can Agamben’s thought be a use of Negri? Answering this question means not only assessing the critical distance between the two thinkers, but also taking this distance as a measure, in the Spinozan sense, of mutual affection.


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