scholarly journals Principles of law in the continental legal family (problematic aspects of determining the essence and classification)

2021 ◽  
Vol 7 (1) ◽  
pp. 609-616
Author(s):  
Alexey Demichev ◽  
Vera Iliukhina ◽  
Kirill Demichev ◽  
Aleksandr Paramonov

The purpose of the article is to determine the essence of the principles of law in the countries of the continental (Romano-Germanic) legal family from the standpoint of various scientific approaches, as well as the classification of the principles of law. The sources that form the basis of the study are the normative legal acts of the states that are part of the Romano-Germanic legal family. The article proposes a positivist classification of the principles of law, the criterion of which is the source of fixing the principle. This classification has not only theoretical but also practical significance, as it allows determining the place of each principle in the system of principles of the branch of law and its role in the system of legal regulation. It allows identifying the nature, advantages, and disadvantages of ways to consolidate principles in the texts of regulatory legal acts, unifying and optimizing these methods.

Author(s):  
INESSA PETROVA ◽  

The article presents the results of the study of property relations in the field of real estate, which allowed us to reveal the features of the typology and classification of real estate in England, shared ownership and ownership, the procedure for making transactions with real estate. The article considers the legislative regulation of relations in the field of real estate in England and Wales, where there are laws that differ for historical reasons from the laws of Scotland and Northern Ireland, and provides examples of criminal encroachments on property. The content of the presented material is informative, is of a certain scientific interest, since only authentic sources are used in writing the article, and also has signs of practical significance and novelty.


Author(s):  
Oleksandr Ostrohliad

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.


Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.


2020 ◽  
pp. 29-45
Author(s):  
O.A. Naydis ◽  
I.O. Naydis

The article considers the types, forms, mechanisms and classification of mergers and acquisitions, identifies their positive effects, and studies the tactics of acquisitions. The analysis of anti-capture measures: active and preventive methods of protection against hostile mergers and acquisitions. A comparative analysis of anti-capture measures with acquisitions tactics was carried out, the advantages and disadvantages of their application were identified.


2020 ◽  
Vol 2 ◽  
pp. 24-31
Author(s):  
N. V. Alekseeva ◽  
◽  
L. N. Pavlova ◽  

The article is devoted to the issue of increasing the efficiency and achieving the real practical significance of the stage of preparation of a civil case for trial in civil and arbitration proceedings. The authors draw conclusions about the need for widespread use at this stage of the obligation as a means of legal regulation and more stringent structuring and regulation of training. Practical recommendations for improving procedural legislation in terms of regulation of this stage are offered.


2017 ◽  
Vol 31 (2) ◽  
pp. 82-89
Author(s):  
E. S. Epifanov

This article presents a classification of major factors that shape the cost of Internet site. Also discusses the limitations in determining the objectives of the web site; advantages and disadvantages of different factors.


10.12737/5942 ◽  
2014 ◽  
Vol 8 (1) ◽  
pp. 1-6
Author(s):  
Разиньков ◽  
D. Razinkov ◽  
Михайлов ◽  
I. Mikhaylov ◽  
Михайлова ◽  
...  

In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.


i-com ◽  
2020 ◽  
Vol 19 (2) ◽  
pp. 67-85
Author(s):  
Matthias Weise ◽  
Raphael Zender ◽  
Ulrike Lucke

AbstractThe selection and manipulation of objects in Virtual Reality face application developers with a substantial challenge as they need to ensure a seamless interaction in three-dimensional space. Assessing the advantages and disadvantages of selection and manipulation techniques in specific scenarios and regarding usability and user experience is a mandatory task to find suitable forms of interaction. In this article, we take a look at the most common issues arising in the interaction with objects in VR. We present a taxonomy allowing the classification of techniques regarding multiple dimensions. The issues are then associated with these dimensions. Furthermore, we analyze the results of a study comparing multiple selection techniques and present a tool allowing developers of VR applications to search for appropriate selection and manipulation techniques and to get scenario dependent suggestions based on the data of the executed study.


Apeiron ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Jan Maximilian Robitzsch

Abstract This paper examines the classification of desires that the Epicureans offer in their writings. It surveys the extant textual evidence for the classification and discusses the relationship between natural and necessary, natural and unnecessary, and unnatural and unnecessary desires. It argues that while the practical significance of the Epicurean classification is clear, which desires fall into which class is not. The paper suggests the reason for this may be that the Epicureans acknowledge some variability in their concept of human nature, arguing for a functional reading of the Epicurean classification of desires.


2021 ◽  
Vol 11 (5) ◽  
pp. 668
Author(s):  
Sani Saminu ◽  
Guizhi Xu ◽  
Zhang Shuai ◽  
Isselmou Abd El Kader ◽  
Adamu Halilu Jabire ◽  
...  

The benefits of early detection and classification of epileptic seizures in analysis, monitoring and diagnosis for the realization and actualization of computer-aided devices and recent internet of medical things (IoMT) devices can never be overemphasized. The success of these applications largely depends on the accuracy of the detection and classification techniques employed. Several methods have been investigated, proposed and developed over the years. This paper investigates various seizure detection algorithms and classifications in the last decade, including conventional techniques and recent deep learning algorithms. It also discusses epileptiform detection as one of the steps towards advanced diagnoses of disorders of consciousness (DOCs) and their understanding. A performance comparison was carried out on the different algorithms investigated, and their advantages and disadvantages were explored. From our survey, much attention has recently been paid to exploring the efficacy of deep learning algorithms in seizure detection and classification, which are employed in other areas such as image processing and classification. Hybrid deep learning has also been explored, with CNN-RNN being the most popular.


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