scholarly journals The сoncept and types of factual communities in the modern theory of law

2021 ◽  
Vol 25 (2) ◽  
pp. 395-413
Author(s):  
Elena Yur’evna Tsukanova
Keyword(s):  
Law Enforcement ◽  
Theory Of Knowledge ◽  
Modern Theory ◽  
Methodological Basis ◽  
Effective Implementation ◽  
Theory Of Law ◽  
Legal Concepts ◽  
Dialectical Analysis ◽  
Relationship Of ◽  
The Relationship

The article is devoted to the problems of formation and positioning of the category of factual communities in legal science. The relevance of this phenomenon in law is due to the need for a broader approach to the study of a set of factual circumstances that are the grounds for the emergence, change or termination of legal relations, which undoubtedly contributes to a more effective implementation of the goals of both lawmaking and law enforcement practice. The purpose of this article is to determine the prerequisites for the formation of the legal category under consideration, to identify the main types of factual communities, as well as to understand their functions. Achievement of this goal will make it possible with sufficient certainty to identify the main characteristics of the specified legal category, as well as to determine functional links with related legal concepts. The methodological basis of the article was made by modern achievements in the theory of knowledge. In the process of research, theoretical, general philosophical (dialectical, analysis, synthesis, deduction, systemic method), as well as traditional legal methods (formal-logical, normative-dogmatic and others) were used. In the course of the research, based on the analysis of the relationship of physical objects, phenomena and their groups among themselves, it was concluded that the term factual communities is a logical continuation of the development of the theory of legal facts, reflects the interconnected association of individual legal facts, as well as their actual composition. Such associations can have a different scope, as a result of which their functionality may also differ. The primary factual commonality is the actual composition. Factual systems are larger in volume and more complex in structure.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

scholarly journals Physical features of reducing air pollution for the operating conditions of the drying drum of brick factories

2019 ◽  
Vol 135 ◽  
pp. 01034
Author(s):  
Vadim Bespalov ◽  
Gennadiy Turk ◽  
Oksana Gurova
Keyword(s):  
Air Pollution ◽  
Theoretical Basis ◽  
Block Diagram ◽  
Operating Conditions ◽  
Engineering Systems ◽  
Effective Implementation ◽  
Energy Concept ◽  
Physical Features ◽  
Relationship Of ◽  
The Relationship

The article is devoted to the study of the process of reducing air pollution in relation to the operating conditions of the drying drum of brick factories. The objectives of the work were to study and identify the physical characteristics of the process of reducing air pollution for the operating conditions of the drying drum of brick factories, for its subsequent effective implementation with the help of engineering systems. A block diagram is suggested of the physical model of the process of reducing air pollution for the considered production and technological conditions, revealing the relationship of a set of consistently and purposefully implemented stages of the cycle of dusting, using physical and energy concept as the theoretical basis. As a result of the study of the process of reducing air pollution, in relation to the operating conditions of the drying drum of brick factories operation, based on the analysis of possible solutions of the problem of dusting, physical features of the process of reducing air pollution for these production and technological conditions were identified for its subsequent effective implementation by means of engineering systems.

scholarly journals The Paradigm of Speech Ontogenesis as a Methodological Basis of Speech Development

2021 ◽  
Vol 1 (6 (344)) ◽  
pp. 207-223
Author(s):  
Olena Bielova ◽  
Keyword(s):  
Theoretical Analysis ◽  
Speech Development ◽  
School Age ◽  
Scientific Theories ◽  
Mental Processes ◽  
Methodological Basis ◽  
Speech Activity ◽  
Relationship Of ◽  
The Relationship ◽  
Children's Speech

The research provides a theoretical analysis of the problem of studying the ontogenesis of speech from birth to school age. The purpose of the research is to provide a theoretical justification for the ontogenesis of speech as the methodological basis for speech development. Research methods: analysis of scientific sources. Research objectives: theoretical analysis of scientific theories on the knowledge of the terms «language» and «speech»; substantiation of the term «ontogenesis» and terms such as «speech ontogenesis», «children’s speech ontogenesis», «speech development»; study of psycholinguistic concepts of speech ontogenesis; to reveal the phenomenology of the theory of speech activity in the scientific space; coverage, based on scientific theories, of stages of a child’s ontogenetic development from birth to school age; consider scientific teachings on the relationship of speech to other mental processes. Based on scientific and theoretical research, the meaning of the concepts «language» and «speech» was revealed; understanding of the term «ontogenesis» and terms such as «speech ontogenesis», «child speech ontogenesis», «speech development»; the search can help to acquaint with various scientific positions that shed light on the ontogenesis of speech development: nativism (genetic programming of speech development), activity speech theory (speech acquires a kind of activity, motivation, heuristics and it is socially and objectively conditioned) and cognitive development (the relationship of speech with cognitive mental processes); it was described the phenomenology of the theory of speech activity, which includes the leading elements: motive, purpose, tasks, conditions, actions, operations, means of execution; the stages of ontogenesis of children’s speech are revealed (infant, early, preschool and school-age); the close relationship of speech with mental processes are determined. Studying the conceptual foundations of speech ontogenesis will allow us to further understand the problem of speech readiness for the schooling of children with speech pathology.

scholarly journals PATRONAGE INSTALLATION IN FOREST AND LAND FIRE IN RIAU PROVINCE (STUDY ON LAW ENFORCEMENT WITH CORPORATE ACTORS)

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Hariwiyawan Harun ◽  
I Gede Nyoman Bratasena ◽  
Sugeng Riyadi
Keyword(s):  
Law Enforcement ◽  
Patronage Politics ◽  
Industrial Plantation ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

This study intends to uncover, analyze and evaluate law enforcement practices against criminal acts of forest and land fires with corporate actors in the Riau Police. Riau was chosen as the research location because the phenomenon of forest and land fires in Riau was so complex. The impact caused by forest and land fires in Riau is not only a domestic problem, but also concerns regional areas, especially Singapore and Malaysia. The research is focused not on law enforcement of forest and land fires, but rather on the relationship of patronage and policing in handling forest and land fires in Riau Province. Patronage politics between the police and corporations from the plantation and industrial plantation sectors. In this context, dialectics (habitus, arena, capital) and patronage networks will be deepened, which then influence policing actions in law enforcement carried out by the police.

scholarly journals STUDY BY MODERN KYRGYZ PHILOSOPHERS OF THE PROBLEM OF HUMAN AND NATURE COEVOLUTION IN THE PROJECTION OF SUSTAINABLE DEVELOPMENT OF SOCIETY

2021 ◽  
Vol 6 (9(59)) ◽  
pp. 23-26
Author(s):  
T.B. Abykeeva-Sultanalieva
Keyword(s):  
Sustainable Development ◽  
National Strategy ◽  
Philosophical Reflection ◽  
Methodological Basis ◽  
Human And Nature ◽  
Nature And Society ◽  
Relationship Of ◽  
The Relationship

This article examines the views of the modern Kyrgyz philosophers of the problem of the relationship of man to nature by the ancient Kyrgyz. Conducting a philosophical reflection on the idea of sustainable development in the views of Kyrgyz philosophers can become a fundamental basis for the development of a national strategy for sustainable development of Kyrgyzstan in the context of globalization. Extracting the philosophical ideas of Kyrgyz thinkers can serve as a methodological basis for solving the problem of the coexistence of the existence of nature and society in Kyrgyzstan in modern conditions.

scholarly journals The Position of Expert Witnesses in Medical Malpractice Cases in Indonesia

Al-Ahkam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 47
Author(s):  
Muhammad Hatta
Keyword(s):  
Law Enforcement ◽  
Medical Malpractice ◽  
Islamic Law ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Doctor Who ◽  
Relationship Of ◽  
The Relationship ◽  
The Way

<p class="IABSSS">Medical malpractice is one of the most difficult professional errors to prove. In solving medical malpractice cases, law enforcement is always assisted by doctors by connecting experts to reveal the truth with their expertise. The position of doctors as experts is very important and strategic. However, it is not easy for a doctor who wants to become a expert witness because the relationship of the suspect is a colleague. If the doctor want to be an expert witness then his testimony in court is not objective or impressed protect his colleagues. This study suggests that in the completion of medical malpractice cases in court can apply the system of proof by changing the proof to the doctor. In addition, this study also suggests to resolve medical malpractice cases that can be solved through the way of mediation before pursuing litigation settlement. In the aspect of Islamic law, the position of expert witness (<em>ra`yu al-khābir</em>) is very important to explain or interpret a case that is vague and difficult to prove. However, an evidentiary system unable to prove the medical malpractice case then Islamic law can justify by using other methods that can bring benefit in general.</p><p class="IABSSS" align="center">[]</p>Malpraktik medik adalah salah satu kesalahan professional yang sangat sulit dibuktikan. Dalam menyelesaikan kasus malpraktik medik, penegak hukum selalu dibantu oleh dokter sebagai saksi ahli untuk mengukapkan kebenaran sesuai dengan keahlian yang dimilikinya. Kedudukan dokter sebagai saksiahli sangat penting dan strategis. Namun, tidak mudah mendapatkan dokter yang mau menjadi saksi ahli terhadap tersangka karena saksi ahli dengan tersangka adalah teman sejawat. Apabila dokter mau menjadi saksi ahli maka kesaksiannya di pengadilan dinilai tidak objektif atau terkesan melindungi teman sejawatnya. Penelitian ini menyarankan supaya dalam penyelesaian kasus malpraktik medik di pengadilan dapat menerapkan sistem pembuktian terbalik dengan memindahkan beban pembuktian kepada dokter. Selain itu, penelitian ini juga me­nyarankan supaya penyelesaian kasus malpraktik medik dapat diselesaikan melalui jalur mediasi sebelum menempuh penyelesaian secara litigasi. Dalam aspek hukum islam, kedudukan saksi ahli (<em>ra`yu al-khābir</em>) sangat penting untuk menerangkan atau menafsirkan suatu perkara yang kabur dan sulit dibuktikan. Namun, apabila sistem pembuktian dengan menggunakan saksi ahli tidak mampu membuktikan perkara malpraktik medik maka hukum islam dapat membenarkan menggunakan metode lain yang dinilai dapat mendatangkan maslahat secara umum.

scholarly journals FUNDAMENTALS OF METHODOLOGY OF PROCEDURAL MANAGEMENT ON THE PRE-EXAMINATION INVESTIGATION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 206-217
Author(s):  
Д. М. Мірковець
Keyword(s):  
Human Rights ◽  
Effective Implementation ◽  
Procedural Guidance ◽  
Relationship Of ◽  
The Relationship

The relevance of the article is that procedural guidance as a form of prosecutorial supervision in pre-trial investigation requires study from the standpoint of the activity approach, ie as a certain set of actions (procedures) in a certain procedural form. The implementation of this activity is carried out using appropriate tools, methods, methods that constitute the authority of the procedural manager as a statutory system of his rights to make decisions and take action to ensure the legality of pre-trial investigation and compliance with the rights of its participants. which may depend on the competence and authority of the subjects to whom they relate and/or the procedural situation. The purpose of the article is to develop the basics of procedural guidance in pre-trial investigation, which we define as a tool designed to address the problems of procedural management, including those that are not directly regulated, their implementation depends on the procedural situation, circumstances, considerations and internal conviction of the prosecutor. These are current, organizational tasks that are aimed at determining the most effective implementation of powers and the use of response tools in accordance with the situation. An attempt has been made to develop the basics of the methodology of procedural management, which include provisions on its organization and content, the relationship of its components. It is substantiated that the development of the methodology provides for further practical content of these provisions, taking into account the tasks of procedural guidance in specific proceedings. Depending on the obtained results and their approbation, it is possible to improve the proposed theses in various areas that are relevant to practice, which will contribute to the development and effective implementation of the human rights potential of the prosecutor's office.

СНИЖЕНИЕ ДИФФУЗНОЙ НАГРУЗКИ НА ВОДНЫЕ ОБЪЕКТЫ: ИСХОДНЫЕ ТРЕБОВАНИЯ НА РАЗРАБОТКУ ТЕХНОЛОГИЧЕСКОГО ПРОЦЕССА

2020 ◽  
pp. 10
Author(s):  
I.I. Kontorovitch
Keyword(s):  
Technological Process ◽  
Systematic Approach ◽  
Information Model ◽  
Time Interval ◽  
Management Information ◽  
Systematic Analysis ◽  
Environment Management ◽  
Methodological Basis ◽  
Relationship Of ◽  
The Relationship

Цель исследований сформулировать совокупность требований к разработке системы утилизации диффузного стока с орошаемых земель, которую предлагается рассматривать как технологический процесс, реализуемый в пределах намеченного интервала времени и обеспечивающий с помощью комплекса технический и техно-природных объектов выполнение в необходимом наборе и комбинации следующих операций: транспортирование, аккумуляция, обработка и использование собственно диффузного стока, а также продуктов его обработки. Методологической основой исследований является системный подход в плане взаимосвязи разрабатываемых исходных требований с компонентами технологического процесса, которые выражаются при помощи категорийно-понятийного инварианта. В процессе исследований определены назначение и цели системы утилизации диффузного стока, представлены основные термины, описывающие данный процесс, а также их определения. В результате системного анализа процесса утилизации диффузного стока с орошаемых земель были установлены исходные требования к созданию системы утилизации диффузного стока, включающие девять компонентов технологического процесса, выраженных посредством следующих научных категорий: персонал, ресурсы, среда, управление, информация, модель, время, продукт.The aim of the research is to formulate a set of requirements for the development of a system for utilizing diffuse runoff from irrigated land, which is proposed to be considered as a technological process implemented within the intended time interval and ensuring, using a complex of technical and techno-natural objects, the necessary set and combination of the following operations: transportation, accumulation, processing and use of diffuse runoff itself, as well as its treatment products. The methodological basis of the research is a systematic approach in terms of the relationship of the developed initial requirements with the components of the technological process, which are expressed using the category-conceptual invariant. In the process of research, the purpose and goals of the diffuse drainage disposal system are determined, the basic terms describing this process are presented, as well as their definitions. As a result of a systematic analysis of the process of utilizing diffuse runoff from irrigated lands, the initial requirements were established for the creation of a system for utilizing diffuse runoff, which includes nine components of the technological process expressed through the following scientific categories: personnel, resources, environment, management, information, model, time, product.

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