The Role of Judgments (Precedents) and Judicial Practice in Regulation of Public Relations

2018 ◽  
Vol 8 (2) ◽  
pp. 105-136
Author(s):  
O.V. Zaytsev ◽  
Legal Concept ◽  
2021 ◽  
pp. 96-105
Author(s):  
Marina Mokoseyeva ◽  

Introduction: the Russian doctrinal sources have been noting the formation of a new type of law-making for several years. It differs from other types in that amendments and changes to the constitutional norms are made without their direct changing. This type of law-making is called “transformation of constitutional norms”. The purpose of the study is to formulate the concept of transformation of constitutional norms and to identify the specific features and distinctions of this legal phenomenon. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of comparison, analysis, and generalization of legal material. Results: the author’s position on the need to determine the features, limits, and distinctions of this institution in Russian science is based on the study of the modern legislation, as well as a large number of examples from judicial practice. Based on this approach to the study of legal material, the very concept of transformation of constitutional norms was studied, the ambiguities of the transformation processes were identified, and the features and limits of transformation were formulated. Conclusions: as a result of the study, the role of transformation as a regulator of public relations and a new type of law-making is revealed. The features, signs, and limits of the transformation of constitutional norms are established through the analysis of examples in the judicial practice of the Constitutional Court of the Russian Federation. It is determined that the transformation is temporary, can fill a legal gap, and has a specific mechanism of implementation, which is due to special forms of transformation (interpretation, application of legal positions, ratification, and implementation).


2020 ◽  
Author(s):  
nurul atika

Abstrak- In general, this study aims to determine and analyze the role of supervision in an education. This research uses the literature study method by collecting literature (material materials) sourced from books, journals, and other sources related to the science of Educational Administration. Supervision comes from the word super and vision, which means to see and review from above or view and assess from above, which is carried out by superiors on the activities, creativity and performance of subordinates. In terms of terms, in Carter's Good Dictionary Education, supervision is all the efforts of school officials in leading teachers and other education personnel to improve teaching. These include stimulating, selecting the growth and development of teachers' positions, selecting and revising educational goals, teaching materials and teaching methods, and evaluating teaching. Educational supervision has very important goals and benefits. The scope of educational supervision includes the following: Managerial supervision of the curriculum, Managerial supervision of student affairs, Managerial supervision of educators and education personnel, Managerial supervision of facilities and infrastructure, Managerial supervision of finance, Managerial supervision of public relations, Managerial supervision of administration, Administration supervision academics about learning, related to methods, sourcing strategies, and evaluations.


2021 ◽  
Vol 10 (2) ◽  
pp. 139-161
Author(s):  
Núria Almiron ◽  
Laura Fernández

In this paper we argue that adopting critical animal studies perspectives in critical public relations can not only be very fruitful, but that it is also a necessity if the aims of the latter are to be achieved. To this end, this text introduces the challenges and opportunities that the field of critical animal studies brings to critical public relations studies. First, a short explanation of what critical animal studies is and why it can contribute to critical public relations studies is provided. Then the main fields of research where this contribution can be most relevant are discussed, including ethics, discourse studies and political economy. The final aim of this theoretical paper is to expand research within the field of critical public relations by including a critical animal studies approach. Eventually, the authors suggest that embracing the animal standpoint in critical public relations is an essential step to furthering the study of power, hegemony, ideology, propaganda or social change and to accomplishing the emancipatory role of research.


2021 ◽  
Author(s):  
Ufuk Tekin

Abstract While geographical indications show geographical origin, trade marks show commercial origin. Therefore, it is possible to say that both geographical indications and trade marks have distinctive character. Indeed, when an application is filed to register a geographical indication as a trade mark, an important question is whether the sign is distinctive enough. In such cases, the distinctive character of these commercial and geographical ‘signs’ can overlap and intersect with each other. In this article, the intersection and relationship between geographical indications and trade marks will be evaluated by considering two different scenarios. In the first one, the trade mark application precedes the registration of the geographical indication, while in the second the application for the geographical indication is filed before the conflicting trade mark. The analysis is carried out by taking into account various provisions of theTurkish Industrial Property Code (IPC), the judicial practice of the Turkish Court of Cassation and international regulations. In this context, the relationship between several absolute grounds for refusal in such a situation and which of these provisions is the most applicable will be examined. In particular, an attempt will be made to explain the role of the absolute ground for refusal regulated in the new Turkish Industrial Property Code for the first time, namely that signs containing or consisting of a geographical indication cannot be registered as a trade mark (Art. 5.1(i)).


2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).


2011 ◽  
Vol 10 (4) ◽  
pp. 325-343 ◽  
Author(s):  
Michael Gunder

The article considers how planning, in its various dimensions of engagement with popular communication media, plays an important role in helping to ideologically constitute a polity’s desired spatial reality. In doing so it will consider the historical deployment in public relations of psychoanalytical theory to facilitate the construction of public issues and beliefs, as well as to engineer consent for planning and related policy. The article will consider the role of contemporary media in shaping public aspirations as to what is desired for the future of our cities and settlements. The article will conclude that psychoanalytical insight gives us one effective handle from which to begin to understand planning’s ideologically shaping role in the formulation of our desires for our future communities.


2015 ◽  
Vol 66 (1) ◽  
pp. 60-81 ◽  
Author(s):  
Lee Edwards
Keyword(s):  

2019 ◽  
Vol 8 (3) ◽  
pp. 281-297 ◽  
Author(s):  
Laura Olkkonen ◽  
Vilma Luoma-aho

Expectations intersect with many areas of public relations, yet conceptual and theoretical understandings of expectations have not been strong in public relations research. In fact, expectations are often discussed at a cursory level, expectation theories are seldom applied, and the concept of expectations is not problematized. In this article, therefore, we explore the role of expectations in public relations and illustrate how expectations shape organizational relationships, particularly by enabling or destroying the creation of organizational intangible assets. We identify gaps in how expectations are addressed in public relations, present the results from a literature review of 159 academic articles, and move forward conceptually by elaborating expectations as normative, predictive, and destructive assessments. The predictive and destructive dimensions that recognize negative expectations, in particular, can help public relations scholars understand the flipside of the much more often discussed positive expectations. Fulfillment of negative expectations, for example, can explain the active maintenance of unfavorable reputations and reputational stigmas.


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