scholarly journals Insult of the Language as a Phenomenon of the Modern Bilingual Communication Space in Belarus

2021 ◽  
Vol 18 (2) ◽  
pp. 143-152
Author(s):  
Anton A. Lavitski
Keyword(s):  
Theoretical Analysis ◽  
Legal Framework ◽  
Special Role ◽  
Legal Practice ◽  
Methodological Basis ◽  
Special Regard ◽  
Communication Space ◽  
Practical Analysis ◽  
Legal Expertise ◽  
Negative Phenomena

In Belarus the Belarusian-Russian bilingualism is legalized constitutionally and the existing language legal framework has a long-standing basis for civil agreement on the use and functioning of both state languages. However, in recent years there have appeared a number of negative phenomena aroused by certain shifts in the structure of the communicative interactions. This refers, in particular, to a recently defined offence of insult of the language. This phenomenon is new to the Belarusian linguistic-legal discourse and the interest in it predetermined the purpose of this research, namely, to study the phenomenon of insult of the language from the standpoint of modern Belarusian linguistic legal expertise. Materials and methods. The research is based on records of administrative offences that violate the language regulations. The methodological basis comprises the method of parameterization and the logical-linguistic, comparative and lexical-semantic analyzes. Results. The research carries out both the theoretical analysis of the phenomenon of insult of the language from the standpoint of linguistic expertise and the practical analysis of conflict-prone texts. Unlike personal insults, where the defining parameters are factfulness, attributiveness and non-normativity, insults of the language are only defined in legal practice by the parameter of attributiveness, i.e. by the presence of words in the remark that derogate the language and demean its status. The obtained results indicate that the Belarusian legislation system treats the language with a special regard. Firstly, acknowledgement of the fact that the language can suffer an insult proves its special role among other cultural artifacts. Secondly, the legal practice demonstrates respect for the language and regards it as a super entity that stands above the category of personality.

Geschäftsleiterbinnenhaftung in Großvereinen

2021 ◽  
Author(s):  
Anton Leopold Nußbaum
Keyword(s):  
Supervisory Board ◽  
Economic Importance ◽  
Board Members ◽  
Legal Practice ◽  
Corporate Board ◽  
Corporation Law ◽  
Common Interests ◽  
Practical Analysis ◽  
Stock Corporation

The internal liability of managers of large associations is becoming increasingly relevant in the context of their growing economic importance, especially considering the stricter compliance obligations. The book develops de lege lata with the help of corporate principles a liability regime for board members and association managers with and without corporate board positions that is in line with common interests. At the same time, the author uses a practical analysis of various association structures to indicate the problems that exist in the realization of liability and recommends de lege ferenda for a mandatory supervisory board for large associations based on the model of stock corporation law. The work addresses equally academics and legal practice as well as the associations themselves.

scholarly journals International legal description of crimes in the field of culture and art

2021 ◽  
Vol 4 (2) ◽  
pp. 233-240
Author(s):  
R. Valeev ◽  
A. Mezyaev ◽  
E. Motrokhin ◽  
A. Lestev
Keyword(s):  
Cultural Heritage ◽  
Analytical Methods ◽  
Comparative Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Practice ◽  
International Crimes ◽  
Relevant Field ◽  
Protection Of Cultural Heritage

The article deals with international crimes related to cultural heritage. The current international legal framework for the protection of cultural heritage and the prosecution of persons, involved in cultural crimes, is being analyzed. The authors attempted to classify Che types of crimes, gave international legal characteristics to attribute the crime to the relevant field of international legal regulation, and also presented examples from legal practice. The article uses methods of interpretation of law, analytical methods, methods of comparative law, as well as classification and typology.

Huligānisms vēsturiskā skatījumā

2021 ◽  
pp. 289-299
Author(s):  
Jana Zīle
Keyword(s):  
Comparative Analysis ◽  
Theoretical Analysis ◽  
Social Life ◽  
Legal Issues ◽  
Public Order ◽  
Methodological Basis ◽  
Examination Method ◽  
Historical Comparative ◽  
Public Recreation

One of the oldest and most dangerous criminal offences is hooliganism, i.e. an unlawful offence with intention to violate a public order, disrupt the peace of inhabitants or create a disorder. Disturbers of public recreation, as well as those who commit offences against other people are often referred to as hooligans in social life. Today, hooliganism is still considered as one of the most common types of criminal offences, although the number of these offences tend to decrease. Considering the legal issues related to hooliganism as important and topical, I have chosen this subject for this article. The publication will deal with the following issues: the criminal judicial understanding of the concept ‘hooliganism’; the types of hooliganism – petty hooliganism as an administrative violation, criminally punishable hooliganism; as well as the prevention of hooliganism – general and special. The methodological basis of the research is composed of a dialectic method of scientific examination, method of general theoretical analysis (analysis, synthesis, abstraction, induction, deduction) and individual scientific (special) methods such as historical, comparative analysis.

PRINCIPLES OF APPLICATION OF MEASURES OF BUDGETARY AND LEGAL COERCION

2020 ◽  
Vol 10 (4) ◽  
pp. 123-129
Author(s):  
Serhii Yesimov ◽  
◽  
Vitalina Borovikova ◽  
Keyword(s):  
Separation Of Powers ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Special Role ◽  
The European Union ◽  
Coercive Measures ◽  
Legal Principles ◽  
Financial Activity ◽  
Legal Coercion

The article deals with the principles of application of budgetary coercive measures in the context of improving budgetary legislation in accordance with the requirements of the European Union. Budgetary and legal coercion, as a kind of state coercion, is a type of financial and legal coercion. It has all the features of the latter, developing in relation to specific budgetary relations; it acts not as an independent category of legal responsibility, but as a kind of financial and legal coercion. Budgetary and legal coercion is the external influence of the state, represented by authorized bodies, on the behavior of individual participants in the budgetary process concerning the application of measures of budgetary coercion, which impose additional encumbrances of property or organizational nature on the unfulfilled obligations provided by budgetary law, in order to ensure compliance with law and order in the budget sphere. The significance of the principles of law for the formation of normative and legal regulation of budgetary and legal coercion is considered. The principles of financial law and their influence on the formation of the principles of budgetary law are described. The general legal principles of application of measures of budgetary and legal coercion are analyzed; their role in establishment of budgetary and legal responsibility is defined. Based on the current legal framework, special principles for the application of budgetary coercive measures are determined, including those that have not been formally fixed in the Budget Code of Ukraine, but are fragmented in the normative and legal acts of budgetary legislation. With regard to budgetary offenses concerning measures of budgetary coercion, the principles of legality, priority of public interests, and division of functions in the field of financial activity on the basis of separation of powers play a special role. The main branch principle of budgetary law in the context of the implementation of measures of budgetary coercion is the principle of addressable and target nature of budgetary funds.

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 New challenges in the problem of combating human trafficking in Ukraine

2021 ◽  
Vol 10 (44) ◽  
pp. 28-37
Author(s):  
Larysa Danylchuk ◽  
Danylo Yosyfovych ◽  
Yaroslav Kohut ◽  
Yuliia Todortseva ◽  
Petro Kozyra
Keyword(s):  
Theoretical Analysis ◽  
Human Trafficking ◽  
Empirical Analysis ◽  
Genetic Material ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Beings ◽  
New Challenges ◽  
Trafficking In Human Beings ◽  
Scientific Fields

The article presents the author’s results of theoretical and empirical analyzes of challenges in combating human trafficking in Ukraine. Theoretical analysis showed that human trafficking is an interdisciplinary problem and is represented by a number of studies by scientists in various scientific fields in the domestic and foreign scientific space. It has been established that currently there is no research on new challenges in combating human trafficking in Ukraine. Empirical analysis of new challenges in combating trafficking in human beings in Ukraine was carried out through the implementation of a polygon study and interpretation of the results. The obtained data outline new challenges in the problem of combating human trafficking in Ukraine, such as: use for selfish purposes, forced donation, trade in biological/genetic material, reproductive programs/surrogacy. The results suggest that the new challenges in combating human trafficking in Ukraine are a real platform for transnational crime. It was stated that such circumstances require strengthening of international cooperation in combating transnational human trafficking, legal regulation and improving the domestic legal framework with systematic and full informing of Ukrainian people about consequences and new challenges in combating human trafficking.

scholarly journals The problem adherence to the rule and jurisprudence

2021 ◽  
pp. 84-98
Author(s):  
Nikita Konstantinovich Fedorinin
Keyword(s):  
Theoretical Analysis ◽  
Philosophy Of Language ◽  
Legal Norm ◽  
Legal Practice ◽  
Practical Application ◽  
The Subject ◽  
Theory Of Law

The discussion on application to law of the principle of adherence to the rule formulated in the works of L. Wittgenstein and S. Kripke has been going in the foreign theory of law since the late 1980s, and now has been joined by the Russian researchers. The article conducts a theoretical analysis and assessment of the positions and arguments expressed by the participants of this discussion, and sums up the results. The author examines the content of the principle of adherence to the rule in the philosophy of language, describes the methods of interaction between jurisprudence and philosophy, and problematizes the link between the principle of adherence to the rule in the philosophy of language and the subject of discussion. The work employs a wide variety of sources and philosophical concepts. The scientific novelty of this research consists in the following: 1) substantiation of the absence of link between the practical application to law of the principle of adherence to the rule raised in the discussion and the content of the principle of adherence to the rule in the philosophy of language; 2) description and analysis of the method of interaction of legal dogma and philosophy of language, the determining role that it plays in structuring the arguments of the participants in the discussion, as well as its defining role for the main outcome of the discussion – refusal to address the problem of adherence to the rule in legal dogma and legal practice; 3) determination of the importance of the principle of adherence to rule for the theory of law in the context of the ontology of legal norm.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

scholarly journals Personal Data Protection in Russia

2020 ◽  
pp. 95-113
Author(s):  
Alexander Gurkov
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Special Role ◽  
State Control ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data

AbstractThis chapter considers the legal framework of data protection in Russia. The adoption of the Yarovaya laws, data localization requirement, and enactment of sovereign Runet regulations allowing for isolation of the internet in Russia paint a grim representation of state control over data flows in Russia. Upon closer examination, it can be seen that the development of data protection in Russia follows many of the steps taken at the EU level, although some EU measures violated fundamental rights and were invalidated. Specific rules in this sphere in Russia are similar to the European General Data Protection Regulation. This chapter shows the special role of Roskomnadzor in forming data protection regulations by construing vaguely defined rules of legislation.

Professional Communication of Russia and the People’s Republic of China in the Field of Education: History and Perspectives

2021 ◽  
pp. 54-60
Author(s):  
Cyan' Mensin'
Keyword(s):  
Legal Framework ◽  
Russian Language ◽  
Professional Communication ◽  
People’S Republic Of China ◽  
Education History ◽  
Special Role ◽  
People's Republic Of China ◽  
Shanghai Cooperation Organization ◽  
Republic Of China ◽  
Soviet Education

The article provides a detailed analysis of professional communication between Russia and the People's Republic of China in the field of education. Noting the long historical relationships between the two countries, the author notes that Russia and China have a rather long relationship in the field of educational communications, starting in 1862, when a teacher from Russia was first invited to teach the Russian language at the Beijing School. Interaction and professional communication is also explained by the fact that in China the model of Soviet education was once borrowed, but adapted to Chinese realities. The author presents the priority areas of cooperation between the two states in the new millennium, due to the intergovernmental "Treaty on Good-Neighbourliness, Friendship and Cooperation" (2005). The author attaches a special role to the creation within the framework of the Shanghai Cooperation Organization (hereinafter - SCO) of the SCO University (USHOS), which has been operating since 2009 and includes more than 80 universities from Russia, China, Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, Belarus, etc. This fact is the largest initiative in the world. In conclusion, the author also noted problematic areas of professional communication between China and Russia, among which is an insufficiently developed legal framework for educational cooperation and joint training of professional personnel in the framework of language training.

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