scholarly journals The problem of conceptual apparatus of land surveying expertise

2020 ◽  
pp. 45-54
Author(s):  
Sofya Mamontova ◽  
Darya Parkina ◽  
Olga Kolpakova ◽  
Tatyana Kobanenko
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Methodological Framework ◽  
Methodological Basis ◽  
Legal Documents ◽  
Forensic Expertise ◽  
Conceptual Apparatus ◽  
Land Surveying ◽  
New Type ◽  
The Subject

The object of this research is the normative legal documents that regulate the process of conducting various types of land surveying expertise. The subject of this research is the conceptual apparatus of land surveying expertise, formed by the indicated documentation. In the course of this study, the authors examined the organizational and legal framework of forensic land surveying expertise and state expertise of land surveying documentation; procedural experience in conducting these types of land surveying expertise; case law on resolution of land and property disputes; works of national and foreign scholars on the matter. The authors attempted to formulate recommendation on the arrangement of conceptual apparatus of land surveying expertise. The relevance of this research is substantiated by insufficient scientific-methodological basis and conceptual apparatus of forensic land surveying expertise. The scientific novelty lies in juxtaposition of the practice, conceptual apparatus, legal, and scientific-methodological framework of forensic land surveying expertise and state expertise of land surveying documentation. The conclusion is made that on partial nonconformity of the concept of forensic land surveying expertise to the type of works conducted thereof. It is proposed to amend judicial legislation with regards to allocation of the new type of forensic expertise, as well as cadastral legislation with regards to broadening the types of cadastral activity.

scholarly journals The Methodological Basis for Identifying and Estimating Precarity of Non-standard Employment

2019 ◽  
Vol 15 (2) ◽  
pp. 43-51
Author(s):  
Vyacheslav Bobkov ◽  
Yelena Odintsova
Keyword(s):  
Theoretical Aspect ◽  
Social Situation ◽  
Precarious Employment ◽  
Methodological Basis ◽  
Conceptual Apparatus ◽  
Production Relations ◽  
The Subject ◽  
The Impact

The article is devoted to the methodological foundations of identifying and assessing the precarity of non-standard employment.The Object of the Study is workers in precarious employment. The Subject of the Study is the production relations that characterize the economic and social situation of workers due to the development of flexible forms of employment. The Theoretical Aspect of the Study is the methodological basis for identifying the precarity of non-standard employment. The Empirical Aspect of the Study is the assessment of the spread of precarity of employment through the measurement of its indicators with the allocation of the level of precarity of non-standard forms of employment. The Purpose of the Article is ordering the conceptual apparatus of the study of precarious employment in the context of the interaction of production relations and the productive forces of up-to-date societies and assessing the impact of non-standard employment on the prevalence of precarity of employment. The Main Theoretical Provisions of the Article are associated with the methodological foundations of identification of the precarity of non-standard employment. The Empirical provisions are aimed at assessing the level of indicators of precarious employment caused by the development of non-standard employment.

scholarly journals The theoretical basis of the digital economy in the strategic planning documents

2020 ◽  
Vol 210 ◽  
pp. 10004
Author(s):  
Oleg Dyachenko
Keyword(s):  
Strategic Planning ◽  
Theoretical Basis ◽  
Digital Economy ◽  
High Tech ◽  
Methodological Issues ◽  
Methodological Basis ◽  
The World ◽  
Production Relations ◽  
New Type ◽  
The Subject

The article analyzes the definitions of the concept "digital economy". The study considers the strategic planning documents of the different states, dedicated to the project of digital economy, as the object of investigation. The subject of research is the interpretation of the category "digital economy". The theoretical and methodological issues in the study of the digital economy are considered. The paper makes an attempt to substantiate the problems that will follow in the implementation of the strategy under the conditions of a weak methodological basis for describing the existing techno-economic picture of the world. Among such problems, we emphasize the lack of attention to the production relations in the presented interpretations. We consider that building a digital economy, as a high-tech production ecosystem, will not do without understanding the essence of a new type of production relations. Without this understanding, it will be problematic to build the institutional basis of the digital economy and to create a regulatory framework to control emerging relationships in the digital economy. The paper critically analyzes the existing interpretations of the digital economy, presented in the strategic planning documents, and reveals the author's understanding of the studied category.

scholarly journals Evidence of administrative violations in the area of taxes and duties

2020 ◽  
pp. 46-54
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Scientific Literature ◽  
Document Analysis ◽  
Case Law ◽  
Human Sciences ◽  
Methodological Framework ◽  
New Approach ◽  
General Scientific ◽  
The Subject ◽  
Definition Of ◽  
Scientific Achievements

The subject of this research is the normative legal acts, scientific literature, and case law materials reflecting the evidence of administrative violations. Covering the problem, the author notes the flaws in the existing legislation on administrative liability, using external (formal) sign to characterize a particular act as a legal violation or an offence. Underlining the flaws of such approach, special attention is paid to the search for the evidence of administrative violation, which allows characterizing the essence of the act. In the course of this research, the author applies scientific achievements of other human sciences, primarily economics. Methodological framework is comprised of the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of the materials, are used  general scientific and special methods of research: induction, deduction and document analysis. The main conclusion of this study consists in the formulation of the definition of administrative violation in the area of taxes and duties. The author develops a new approach towards structuring the system of evidence of such unlawful act, highlighting the essential (conceptual) evidence – public danger, and proposing a mechanism for determining public danger of a particular act.

scholarly journals RESPONSIBILITY AS A PRIORITY TOOL FOR COMBATING SMUGGLING

2021 ◽  
Vol 1 (1) ◽  
pp. 142-150
Author(s):  
Vitaliy Kadala ◽  
◽  
Olena Guzenko ◽  
Keyword(s):  
Criminal Liability ◽  
Modern Society ◽  
Legal Liability ◽  
Legal Framework ◽  
Criminal Code ◽  
Point Of View ◽  
Conceptual Apparatus ◽  
The Subject ◽  
Administrative Jurisdiction ◽  
Key Aspects

The article outlines the existing types of liability for smuggling, describes the current state of damage caused by their presence in modern society. Reveals the author's assessment and position on the need to clarify the content of certain categories of the conceptual apparatus, which is devoted to the degree of responsibility for offenses that have the features of smuggling. The research contains the author's proposal to introduce into the Criminal Code of Ukraine the conceptual categories of «criminal liability for smuggling», includes a justification for this action. Attention is paid to the existing legislative initiatives on combating smuggling and corruption during customs clearance of goods, their content is revealed. The author's vision of improving the situation with the reduction of smuggling crimes on the basis of the proposed proposals is presented. The chosen direction of the research is relevant as it is aimed not only at outlining the key aspects of criminal liability for smuggling, but above all at developing certain measures to improve the situation at customs. From a scientific point of view, the study needs modernization in terms of clarifying the content of certain categories of the conceptual apparatus of the subject of study. The conclusions of the study are as follows. First, there is a fairly modernized legal framework in Ukraine, which discloses the degree of responsibility of persons who have committed a criminal or administrative offense related to smuggling. Secondly, the legislator clearly distinguished between the measures of criminal and administrative liability of persons who participated in smuggling operations, and it is important that the legislator defined the boundaries of the transition from administrative to criminal liability. Thirdly, the research indicated the expediency of clarifying the content of certain categories of the conceptual apparatus of the subject of study, namely the concepts of «criminal liability for smuggling» (a type of legal liability that gives rise to criminal relations between special authorities and persons who violated customs rules that have signs of smuggling in particularly large amounts, which is individualized in the conviction of the court) and «administrative liability for smuggling» (a type of legal liability that arises during administrative relations between legal entities in the field of violation of customs rules, which have signs of smuggling and are subject to administrative penalties by administrative jurisdiction). Fourth, the authors propose to include in the measures to reduce the level of smuggling: increase the material security of border guards and customs officers, equip «problem» areas of the border with a system of covert round-the-clock surveillance, observation and professionally trained staff, etc.

Freedom of expression and Islam: Charlie Hebdo’s lessons

2021 ◽  
Vol 28 (1) ◽  
pp. 61-70
Author(s):  
Dmytro V. Lukianov ◽  
Volodymyr M. Steshenko ◽  
Hanna P. Ponomarova
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Case Law ◽  
Legal Framework ◽  
European Convention ◽  
Scientific Methods ◽  
Religious Conflicts ◽  
Legal Method ◽  
The Subject ◽  
The One

This article studies specifics of Islamic understanding of freedom of expression and significant differences between Islamic and European understanding of that concept. Freedom of expression is recognized in Islam; however, it has significant and deeply-rooted peculiarities. In particular, Islam strictly prohibits imaging Prophet Muhammad, let alone making cartoons of him. For instance, from the perspective of Muslims, imaging Prophet Muhammad as a dog is extremely cynical, since a dog in Islam is an unclean animal inadvisable to contact with. Also, there is long-established perception of humour and its admissibility in Islam. For example, under Islamic law one shall not tell lies or scare another person; one shall not joke with an older person, a teacher, a scientist, a manager, a person who does not understand jokes, an unknown man or woman; a joke shall not be offensive or degrading a man or a family; one shall not joke about prohibited issues, tell dirty stories, disclose intimate details, resort to insults or slander. The article points out that Europeans perceive drawing cartoons of the Prophet as freedom of expression. However, in the eyes of Muslims such cartoons constitute violation of a number of prohibitions existing in Islam and therefore deeply insult their religious and cultural feelings. Such insults may cause religious conflicts with many victims, like the one that happened in the January of 2015 in the office of Charlie Hebdo French satirical weekly newspaper. To prevent similar and even more terrible tragedies in the future and release tension between Europeans and Muslims, primarily in Europe, the article explores the legal framework and conditions for restriction of freedom of expression set out in universal international law, the European Convention on Human Rights and relevant case-law of the ECHR. The set of the general and specific scientific methods of research were used by the authors according to the subject and scope of the study: sociological, statistical, dialectical, formal stylistic, axiological, hermeneutic, systemic, comparative legal method etc.

scholarly journals Vectors for improving control of the customs value of imported goods on the territory of EAEU member-states

2021 ◽  
pp. 51-65
Author(s):  
Daria Sergeevna Afanasenko
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Member State ◽  
Economic Activity ◽  
Organizational Structures ◽  
Case Law ◽  
Legal Framework ◽  
Daily Basis ◽  
The Subject ◽  
Freight Forwarder

International trade is growing rapidly; a sizable amount of goods is shipped from one country to another on daily basis. Special attention is given to control of the customs value of goods, since the amount of collected customs charges depend on the customs value. The research aims to determine the problems of controlling the customs value of goods and seek the ways to solve them. For achieving this goal, the author set the following tasks: 1) analyze the legal framework of EAEU on assessment of the customs value of imported goods; 2) analyze the case law on application of the methods of determining customs value ; 3) examine the organizational structures for controlling the customs value of goods imported into EAEU; 4) leaning on the accumulated information, outline  the key problems of customs value control; 5) develop recommendations for improving the instruments of customs value control of imported goods. The object of this research is the activity of customs authorities within the framework of verification of customs value of imported goods. The subject of this research is the control of the customs value of goods on the example of Russia as EAEU member-state. The main results of this research consist in outlining the problems arising in implementation of customs value control, as well as the highlighting the areas for its improvement. The author offers to amend legislative acts that would consider commission to the freight forwarder, as well as establish a minimum list of documents to confirm transport deductions and commission to the freight forwarder. Recommendations are also made on promoting the development of a unified register of the object of intellectual property, cooperation between the Federal Customs Service of Russia and Federal Service of Intellectual Property (Rospatent) to create a “customs declarant profile” for accurate accounting of license duties. The transparency of pricing data of the customs database along with the information on categorization of the participants of foreign economic activity, were determined as the ways for improving customs control.

scholarly journals Cyberbullying of children: Challenges of victim support

Temida ◽  
2018 ◽  
Vol 21 (2) ◽  
pp. 249-268
Author(s):  
Nikola Paunovic
Keyword(s):  
Information And Communication Technology ◽  
Communication Technology ◽  
Legal Framework ◽  
Integral Problem ◽  
Theoretical Approaches ◽  
Victim Support ◽  
Information And Communication ◽  
New Type ◽  
The Subject

Bullying in the form of verbal, physical and social harassment is an integral problem for all societies. With the development of information and communication technology, cyberbullying of children as a new type of bullying increasingly attracts the attention of scholars. Bearing in mind that cyberbullying of children is the subject of this paper, various theoretical approaches, defining this phenomenon, are analyzed. Furthermore, special attention is paid to existing international, European and national legal framework in the context of cyberbullying of children. Finally, starting from the phenomenological forms of cyberbullying of children, the focus is on the challenges of providing victim support. In concluding remarks, it is stated that the lack of a single understanding of cyberbullying of children is a consequence of the absence of a comprehensive legally binding document devoted to this problem. The main goal of the article is to raise awareness about the need to adopt a comprehensive legally binding document devoted to cyberbullying of children in order to protect the rights of victims in cyberspace.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

Ontological Model of Government Documents

2013 ◽  
Author(s):  
Tatiana Vashchilko
Keyword(s):  
Qualitative And Quantitative ◽  
Legal Documents ◽  
Government Documents ◽  
The Subject ◽  
Ontological Model ◽  
Investment Agreements ◽  
Extract Information

The paper develops an ontological model to extract information from government legal documents and facilitate the understanding of its content. In particular, international bilateral investment agreements between countries are the subject of analysis, which aims to quantify their semantic diversity. The paper argues it as an accurate approach to extract qualitative and quantitative information.Cette communication expose un modèle ontologique pour extraire de l’information à partir des documents juridiques du gouvernement et faciliter la compréhension du contenu. Plus particulièrement, les ententes internationales d’investissements bilatéraux entre pays ont fait l’objet d’une analyse, dans le but de quantifier la diversité sémantique. La communication conclut qu’il s’agit d’une approche exacte pour extraire de l’information qualitative et quantitative.

Geragogy - the Third Pillar of Education Science

2011 ◽  
Vol 1 (1) ◽  
pp. 77-91
Author(s):  
Ctibor Határ
Keyword(s):  
Social Life ◽  
Scientific Study ◽  
Methodological Basis ◽  
The Third ◽  
Methodical Basis ◽  
The Subject ◽  
Education Science

The present scientific study, mostly of theoretical and methodological nature, is intended to penetrate into the near past (and present) of geragogy as a discipline and analyze briefly the process of creating the constitution and methodology in the area of Europe (with emphasis on the Czech and Slovak and German provenance). Emphasis is also placed on theoretical and methodological basis of the current geragogy, covering the subject of investigation, content, objectives and tasks, science-systemic geragogy anchor being a methodological and methodical basis of senior education in various spheres of their individual and social life.

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