scholarly journals O  potrzebie wzmocnienia ochrony przedsiębiorców oraz innych podmiotów niebędących konsumentami przed nadużyciami wolności kontraktowej

2017 ◽  
Vol 105 ◽  
pp. 143-158
Author(s):  
Bogusław Sołtys
Keyword(s):  
Legal Protection ◽  
The State ◽  
Economic Dimension ◽  
Freedom Of Contract ◽  
Negative Results ◽  
The Individual

THE NEED TO STRENGTHEN THE PROTECTION OF TRADERS AND  OTHER NON-CONSUMERS FROM ABUSE OF FREEDOM OF CONTRACTThe study expresses the necessity to reinforce the legal protection for all the subjects using standard agreements in cases of freedom of contract abuse. During last decade, the emphasis of the legislator was focused only on the protection of consumers, what has paradoxically caused a significant degradation of other subjects’ protection, even though other subjects, as well as consumers, have no influence on formation of the standard agreements they enter. The situation develops numerous negative results not only in the individual but also in social and economic dimension. Moreover, in case of micro, small and middle-sized entrepreneurs it leads to collision of the reality with obligations nd declarations of the state to support these entrepreneurs.

Actual Issues of Treaty Law in CIS Countries

2019 ◽  
Vol 10 (7) ◽  
pp. 2207
Author(s):  
Olga I. ZOZULYAK ◽  
Oksana S. OLIINYK ◽  
Liliana V. SISHCHUK ◽  
Nataliia A. SLIPENCHUK ◽  
Yuliia I. PARUTA
Keyword(s):  
Social Relations ◽  
The State ◽  
Freedom Of Contract ◽  
Contractual Relationship ◽  
Treaty Law ◽  
Unified View ◽  
Contractual Obligations ◽  
Cis Countries ◽  
The Individual ◽  
Legal Fact

The development of social relations requires changes in various spheres of human activity and, accordingly, in the relations between the state and society, between the state and the individual. In addition, one of the effective regulators of these relations is a treaty, which can be used in various spheres. To date, the science has not developed a unified view of the contract, and its issues are discussed by representatives of various scientific fields, with the contract being studied as a legal fact, agreement, legal relationship, document and in this regard is defined differently. Moreover, contractual relationship is in constant flux and suffer from changes caused by various factors of legal validity. Therefore, treaty law and the rules governing contractual obligations are given a great deal of attention during improving the process of reforming civil law and ensuring its further effective implementation in the CIS. Within the framework of the conducted research and comparative analysis of the legal bases and practice of application in the sphere of treaty law, the author has formulated grounded positions on the outlined and topical issues, which are as follows: (1) the peculiarities of the use of terminology in the context of the problem of interpretation of contract terms are revealed; (2) identified problems that arise during the termination of treaties in the CIS; (3) the influence of innovative technologies and globalization and the nature of contractual relations in the territory of the CIS countries are established; (4) approaches to ‘smart-contracts’ and a public contract are disclosed; (5) the discussion approaches to understanding the concept of ‘freedom of contract’ are analyzed; 6) a conditional list of the most pressing issues of contract law that arises in the CIS are formed.  

scholarly journals Criminalization and Decriminalization as an Indicator of Individual / Authorities Relations

2019 ◽  
pp. 177-186
Author(s):  
Zinaida Neznamova
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Interpretation ◽  
Negative Consequences ◽  
Fake News ◽  
Short Term ◽  
Social Nature ◽  
The Will ◽  
The Law ◽  
The Individual

In this paper, the author attempts to use various techniques and methods of legal interpretation and apply various types of interpretation of criminal law provisions to trace the trend of relations between the individual and the state through the lens of criminalization and decriminalization of socially dangerous acts. It is the procedures of criminalization and decriminalization that the law-maker uses to implement the will of the state and establish the vector and tension in relations between an individual / a citizen and the state authorities. To solve this task, the author traces, in the short-term, the legal and actual decriminalization of certain types of crimes – hooliganism, battery, libel and insult. Additionally, a review of legislative novelties associated with establishing liability for the so-called “insult of authority” and “fake news” is provided. The conducted analysis of the practice of decriminalizing certain socially dangerous acts leads to the conclusion that the state, represented by the law-maker, is consistently enforcing the policy that leads to reducing the level of individual’s legal protection and health, physical integrity, honor and dignity. Simultaneously, the legal protection of interests of the state, bodies of government and their individual representatives is evidently growing stronger, which is obviously misaligned with the policy of weakening the legal protection of certain constitutional human and citizen’s rights, as mentioned above. This trend can only be assessed ad negative, which in the nearest future may significantly increase the tension between the state and the individual, entailing negative consequences of both legal and social nature.

scholarly journals The Criminal Evaluation of Socially Dangerous Consequences of Environmental Crimes (Through the Example of Illegal Logging of Forest Stands)

Legal Concept ◽  
2021 ◽  
pp. 14-18
Author(s):  
Olga Yakovleva ◽  
Keyword(s):  
System Analysis ◽  
Criminal Responsibility ◽  
Legal Protection ◽  
Environmental Safety ◽  
The State ◽  
Illegal Logging ◽  
Legal Analysis ◽  
The Individual ◽  
Environmental Crimes

Introduction: a criminally punishable act causes certain changes in the objects of criminal legal protection, i.e. it entails the onset of socially dangerous consequences. Specifically, this is expressed in harming the legally protected interests of the individual, society or the state, or in creating an immediate threat of harm. The consequences of environmental crimes are the result of exposure to natural objects and are harmful to nature and environmental safety. The aim of the work is to give a criminal evaluation of the socially dangerous consequences of environmental crimes. Methods: the methodological framework for the study includes a whole range of methods of scientific knowledge, among which the fundamentally important ones are the methods of system analysis, synthesis. Results: the paper presents a criminal-legal analysis of the socially dangerous consequences of environmental crimes. The classification of these consequences is defined. The necessity of the correct formulation in the law of the attribute characterizing the socially dangerous consequences of environmental crimes is emphasized. Conclusions: the consequences of environmental crimes are reflected in the object of encroachment, changes in the state of the natural environment that provides vital human interests. The socially dangerous consequences of environmental crimes are physical, economic, and environmental in nature. They act as: 1) a crime-forming feature; 2) a qualifying feature; 3) are recognized as the basis for the intersectoral differentiation of responsibility and the differentiation of criminal responsibility.

Doctoral Studies in Psychology in Spain

2003 ◽  
Vol 8 (1) ◽  
pp. 28-33
Author(s):  
Yolanda García Rodríguez
Keyword(s):  
Doctoral Programs ◽  
Legal Reform ◽  
The State ◽  
Teaching Program ◽  
Doctoral Studies ◽  
Public And Private ◽  
Teaching And Research ◽  
Doctoral Thesis ◽  
Critical Phase ◽  
The Individual

In Spain doctoral studies underwent a major legal reform in 1998. The new legislation has brought together the criteria, norms, rules, and study certificates in universities throughout the country, both public and private. A brief description is presented here of the planning and structuring of doctoral programs, which have two clearly differentiated periods: teaching and research. At the end of the 2-year teaching program, the individual and personal phase of preparing one's doctoral thesis commences. However, despite efforts by the state to regulate these studies and to achieve greater efficiency, critical judgment is in order as to whether the envisioned aims are being achieved, namely, that students successfully complete their doctoral studies. After this analysis, we make proposals for the future aimed mainly at the individual period during which the thesis is written, a critical phase in obtaining the doctor's degree. Not enough attention has been given to this in the existing legislation.

Urgensi Assesment Report Dalam Omnibus Law RUU Cipta Kerja

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Indra Rahmatullah
Keyword(s):  
Academic Research ◽  
Legal Protection ◽  
The State ◽  
The Law ◽  
Scientific Arguments

Abstract:A draft law must be able to answer and solve the main problem of the society so that with the existence of the law the community gets legal protection from the state. However, the draft of Cipta Kerja Law makes an endless controversy. In fact, the draft was allegedly containing some problems since its appearance. Therefore, academic research (Assesment Report) is needed so that the rules in the draft have basic scientific arguments that can be justified. Unfortunately, the draft does not conduct an assesment report to know whether the society need the law and urgent.Keywords: Legal Protection, Controversy and Assesment Report Abstrak:Sebuah rancangan undang-undang harus dapat menjawab dan menyentuh pokok permasalahan masyarakat sehingga dengan adanya undang-undang tersebut masyarakat mendapatkan sebuah perlindungan hukum dari negara. Namun, dalam RUU Cipta Kerja ini justru berakibat pada kontroversi yang tiada hentinya. Bahkan, disinyalir RUU ini mengandung kecacatan sejak awal pembentukannya. Oleh karena itu, dibutuhkan penelitian akademis sehingga aturan-aturan yang ada dalam RUU ini mempunyai basis argumentasi ilmiah yang dapat dipertanggungjawabkan yang salah satunya adalah dengan membuat Laporan Kelayakan. Sayangnya RUU ini belum melakukan laporan kelayakan apakah RUU ini dibutuhkan dan penting di masyarakat.Katakunci: Perlindungan Hukum, Kontroversi dan Laporan Kelayakan

THE IMPORTANCE OF MANIPULATIVE STRATEGIES IN THE ACTIVITIES OF NEWS AGENCIES

2020 ◽  
Vol 6 (3) ◽  
pp. 199-203
Author(s):  
Nodira Musayeva ◽  
Keyword(s):  
General Information ◽  
The State ◽  
News Agencies ◽  
Public Consciousness ◽  
The Individual ◽  
The Mind

It is no secret that one of the features of today's global infomakon is manipulative information, which carries a large part of the General information complex that negatively affects public consciousness, the unity of the individual, society and the state. The main feature of modern journalism is that it completely rejects open propaganda and uses hidden methods of influencing the mind. Many news agencies have moved from direct ideological pressure on the recipient to theuse of hidden mechanisms of thought formation.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

THE SIGNIFICANCE OF THE NATIONAL ARCHIVE FUND FOR CULTURAL AND HISTORICAL HERITAGE

2018 ◽  
Vol 28 (7) ◽  
pp. 2417-2425
Author(s):  
Peter Peikov ◽  
Borana Hadjieva
Keyword(s):  
Financial Stability ◽  
National Archive ◽  
The State ◽  
Cultural Significance ◽  
Political Climate ◽  
Leading Role ◽  
Non Governmental Organizations ◽  
Role Of The State ◽  
Historical Heritage ◽  
The Individual

The present paper reveals the significance of the National Archival Fund for preservation of the historical and cultural memory of the Bulgarian nation and the formation of historical consciousness. The National Archives Fund is defined as the largest collection of documents with historical, scientific, social, economic, cultural significance as an essential part of the cultural and historical heritage of Bulgaria.It treasures documents about the history of thousands of institutions and prominent figures of the state, economy, culture and art, of ordinary citizens whose activity is historically important in one respect or another.The emphasis of the study is on the main factors determining the daily enrichment of the National Archival Fund with new documents. Among these key factors are development of documentaristics and archivistics, trends in social development, ideological and political climate, financial stability and attitude of the society as a whole, of the istitutional leaders and administrative heads, creating documents, in particular, of the non-governmental organizations and even of the individual citizen to the problems in the field of archivistics.In the focus of the paper as well is the leading role of the state archives for the formation of the National Archival Fund of Bulgaria and the opportunities for cooperation with museums, libraries, community centers and other institutions of memory working with the same purpose and vision.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

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