scholarly journals Legal consciousness and legal culture in the era of total digitalization

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Pavel P. Baranov ◽  
Alexey Y. Mamychev ◽  
Roman I. Dremliuga ◽  
Olga I. Miroshnichenko
Keyword(s):  
Social Relationships ◽  
Virtual World ◽  
Information Technologies ◽  
Laws Of Nature ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Digital Information ◽  
Theoretical Substantiation ◽  
The Subject

The paper analyses the change in ideas about law in the digitalization era. Noting the insufficient theoretical substantiation of attempts to impose on modern law any special characteristics arising from the widespread development of digital technologies, the authors admit that in the era of virtual reality, the laws of the digital virtual world begin to actively compete with the laws of nature. This entails a slight decrease in the role of law as a traditional regulator of social relationships. However, according to the authors, one should not artificially diminish the role of law even in the era of digitalization. In this regard, the paper discusses the main trends in the study of legal digitalization processes. The first trend is due to the need to promptly respond by legal means to the emergence of new areas of legal regulation caused by the widespread use of digital information technologies. The second trend assumes the expansion and rethinking of the subject and object of legal science within the context that new digital "participants" of legal relations born due to intelligent human activity emerge. 

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

Are Information Technologies So Dangerous for Written Culture?

2020 ◽  
Author(s):  
Asya Syrodeeva
Keyword(s):  
Social Life ◽  
Information Technologies ◽  
Cultural Practices ◽  
Writing Practices ◽  
Sociocultural Diversity ◽  
History Of ◽  
Personal Level ◽  
The Subject ◽  
Broad Interpretation

One of the factors that determines the current lifestyle is technology, which persistently draws the world into competition for new means and practices. As the subject of these processes, our contemporary not only takes an active part in them, but also reflexes a lot about his/her own impact. Although technology is ambivalent and multivector in its development, the humanitarian role of protecting the history of human experience, as well as creating the updated versions of cultural practices is not alien to it. Inspired by the broad interpretation of the writing practices proposed by J. Derrida, the author of the article shows how important it is for the understanding of technology not to be overloaded with alarmism. Information technologies have a democratizing effect on social life by offering new tools and formats for the writing. In particular, they support on a personal level the freedom of self-realization, while on a public scale — sociocultural diversity and interaction.

scholarly journals Intra-pair interaction and peculiarities of self-identity of twins in preschool age

2021 ◽  
pp. 73-87
Author(s):  
Anna Sergeevna Kuzmina ◽  
Ekaterina Sergeevna Praizendorf
Keyword(s):  
Monozygotic Twins ◽  
Social Situation ◽  
Pair Interaction ◽  
Preschool Age ◽  
Self Identity ◽  
Behavioral Indicators ◽  
Theoretical Substantiation ◽  
The Subject ◽  
High Possibility

The subject of this research is the self-identity of twins in preschool age. The goal is to determine correlations between the behavioral indicators of intra-pair interaction and the parameters of functionality of self-identity of twins of preschool age. Detailed analysis is conducted on the role of twin situation and intra-pair interaction of twins in the development of self-identity in preschool age. The twin situation is interpreted as a special social situation of development that defines the formation of personality of twins; it is associated with the occurrence of specific intra-pair interactions that determine the development of self-identity of a preschooler. The research methodology is based on the cultural-historical approach that reveals the role of social situation in child&rsquo;s development (L. S. Vygotsky), concept of self-identity (S. L. Rubinstein, L. I. Bozhovich), studies on twins (T. B. Morozov, M. T. Miliora). The empirical base is represented by 100 twins of preschool age. This article is first to give theoretical substantiation and empirical proof to the existence of correlation between the behavioral indicators of intra-pair interaction of twins and characteristics of self-identity of dizygotic and monozygotic twins in preschool age. The following conclusions were made: dizygotic and monozygotic twins may have a different nature of intra-pair interaction, which relates to the peculiarities of self-identity preschoolers; dizygotic twins have high possibility of rivalry with their twin; monozygotic twins are rather oriented towards cooperation. The proclivity for cooperation in the process of joint activity creates the foundation for positive self-esteem, self-acceptance, and assessment of own performance. The proclivity for rivalry allows the twins to be more independent, take responsibility for the results of their work, creates foundation for the development of self-identity, self-cognition, and self-understanding.

scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

scholarly journals TO THE QUESTION OF LEGAL CONSCIOUSNESS AS AN IDEOLOGICAL SOURCE OF LAW

2020 ◽  
Vol 35 (3) ◽  
pp. 14-18
Author(s):  
E.K. Dzhamalova ◽  
◽  
Z.G. Ramazanova ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Spiritual Values ◽  
Integral Criterion ◽  
The Public ◽  
Legal Ideology ◽  
The Relationship ◽  
Single Approach

The article explores the relationship between "source of law" and "form of law." It is noted that in modern legal science there is no single approach to this problem. The "ideological" sources of law, which include legal consciousness and legal ideology, are analyzed. It is emphasized that this source of law has not been sufficiently researched. It is concluded that legal awareness and legal ideology are the intellectual basis of the law, capable of streamlining relations between the subjects of law and the role of such phenomena of law as legal awareness, legal culture and the legal ideology is very significant, as they, reflecting spiritual values, are an integral criterion of the legal progress of society and determine the vector of social development. Ideological sources of law are at the heart of legal practice, defining the public importance and expediency of its legal regulation.

scholarly journals Many Bottles for Many Flies: Managing Conflict over Indigenous Peoples’ Cultural Heritage in Western Australia

2006 ◽  
Vol 13 ◽  
Author(s):  
David Ritter
Keyword(s):  
Cultural Heritage ◽  
Indigenous Peoples ◽  
Western Australia ◽  
Legal Regulation ◽  
Public Law ◽  
Native Title ◽  
Contractual Arrangements ◽  
The Subject ◽  
Western Australian

This article critically considers the legal regulation of Indigenous people's cultural heritage in Western Australia and its operation within the framework of Australia's federal system of government. The article also sets out the different ways in which Indigenous cultural heritage is conceptualised, including as a public good analogous to property of the crown, an incidental right arising from group native title and as the subject of private contract. The article explores the various notions of 'Indigenous cultural heritage' that exist under Western Australian public law and the significant role of private contractual arrangements. Particular attention is devoted to the uneasy nexus between the laws of native title and heritage in Western Australia.

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