scholarly journals Constitutional-Conflict Diagnostic: The Issue of Improving the Methodology of Constitutional Law

2021 ◽  
Vol 17 (3) ◽  
pp. 5-15
Author(s):  
I. A. Tretyak
Keyword(s):  
Constitutional Law ◽  
Scientific Methods ◽  
Legal Principles ◽  
Definition Of ◽  
Goals And Objectives

The phenomenon of constitutional-conflict diagnostic is researched in this article as a methodology for studying constitutional conflicts in the section of the constitutional law science. The author offers a definition of constitutionalconflict diagnostic, identifies its goals and objectives, and also draws conclusions about the content, functions and system of constitutional-conflict diagnostic. The article proposes the definition of constitutional-conflict diagnostic as a system of consistently applied scientific methods, legal principles and presumptions, aimed at obtaining information about the constitutional conflict and the constitutional methods of its prevention and resolution.

Ukrainian Language for Professional Purposes: Life Cycle of the Discipline and its Status in Modern Pedagogical Institutions of Higher Education

2020 ◽  
Vol 6 (2) ◽  
pp. 185-195
Author(s):  
Iryna M. Humeniuk
Keyword(s):  
Higher Education ◽  
Life Cycle ◽  
Institutions Of Higher Education ◽  
Educational Training ◽  
Scientific Methods ◽  
Training Course ◽  
Professional Activities ◽  
Innovative Thinking ◽  
Definition Of ◽  
Goals And Objectives

The relevance of the study is conditioned by the need to build an effective methodological system of teaching the Ukrainian language in a professional aspect, which requires the definition of specific goals and objectives of the discipline. The purpose of the training course should be reflected in the milestone and meet the components of the global goals of educational training, while understanding the purpose and the intended use of the discipline consolidates and enhances its status in higher education, ensuring its long life cycle. The purpose of the study is to clarify the life cycle and status of the discipline in modern pedagogical institutions of higher education, to determine the goals and objectives of teaching the Ukrainian language in a professional aspect. The work uses a set of scientific methods: reflective and comparative analysis, generalisation – to study the information field of the problem, component analysis of the formulation of the purpose of teaching the Ukrainian language in a professional aspect; scientific abstraction and visualisation – to reproduce the life cycle of the training course, to determine its status. The concept of “life cycle of the discipline” is formulated: the time of its functioning in the educational system of the country, during which it is capable of effectively performing the current educational functions. It is proposed to formulate the purpose of teaching the Ukrainian language in the professional aspect of future pedagogical workers: the development of oral and written professional speech of students by increasing the level of certain competences, developing innovative thinking and working with information, maintaining interest in professional activities in order to develop a personality of a highly competitive specialist ready for self-improvement in the chosen area of work

YOUTH CRIMINAL SUBCULTURE AS A FACTOR IN THE FORMATION OF THE PERSONALITY OF A MINOR CRIMINAL

2020 ◽  
Vol 10 (3) ◽  
pp. 177-180
Author(s):  
VERA SHUNYAEVA ◽  
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
System Research ◽  
Scientific Methods ◽  
General Scientific ◽  
Definition Of ◽  
A Minor ◽  
Method Analysis

The article is devoted to the research of the youth criminal subculture and its impact on the personality of under-aged. In the course of analysis of this negative impact, a definition of the criminal subculture of under-aged was proposed. The main principles of such a criminal subculture as AUE (the acronym, transcribed from Russian: АУЕ or А.У.Е., comes from «Арестантский уклад един» / “Prisoners Unity (Solidarity)” are defined. The reasons contributing to the development of this negative phenomenon and the typical fea- tures of a minor sharing the ideology of the AUE were identified. The methods for counteracting the AUE were proposed. The method- ological basis of the research is formed by general scientific methods: dialectical, system research method, analysis, synthesis, induction, deduction, analogy, etc., as well as such private scientific methods as comparative legal, formal legal, structural and functional, statistical ones. The authors relied on the results of research by Russian and foreign legal scholars, sociologists, psychologists.

scholarly journals Clínica quirúrgica de los cuerpos extraños en el abdomen: Oblito quirúrgico abdominal.

2013 ◽  
Vol 9 (2) ◽  
pp. 77
Author(s):  
Edgar NUÑEZ HUERTA
Keyword(s):  
Point Of View ◽  
Legal Principles ◽  
Clinical Forms ◽  
Therapeutic Value ◽  
Definition Of ◽  
Cuerpos Extraños

Philosophic medical and legal principles are stated introducing the name oblito, explaining its linguistic root.the definition of foreing body accidentally forgotten during an operation and with no therapeutic value, is proposed. The characteristics of the foreing body left in the abdomen during surgery from the nosographic and nosologic point of view, give this process an individuality, that allows to speak about its clinics. The symptomatology is clear and connected to the clinical forms analyzed.diagnosis is reached specially by radiology. In orden to complete the oblito's pathological similitude with other abdominal processes, it is necessary to point out that it has a regulated prophilaxis, in nearly every surgical center.

scholarly journals The partisanism: the foundations social-philosophical analysis

2020 ◽  
Vol 19 (7-8) ◽  
pp. 37-42
Author(s):  
Andrey Yu. Cherepanov ◽  
Andrey Yu. Klekovkin
Keyword(s):  
World Order ◽  
Philosophical Analysis ◽  
Guerrilla Warfare ◽  
Modern World ◽  
Historical Period ◽  
Social Phenomenon ◽  
Military Conflict ◽  
Definition Of ◽  
Goals And Objectives ◽  
Philosophical Understanding

Partisanism is a special social phenomenon that occurs in almost any protracted military conflict. Despite the fact that the term partisanism arose in the XVIII century, to this day quite conflicting meanings are invested in its concept, the meaning of which largely depends on the historical period of their use. The realities of the modern world order, which led to the loss of relevance of the classical wars, which in turn led to the destruction of the classical partisans, made even more confusion in the definition of partisanism and the formation of its image. The article is devoted to the socio-philosophical understanding of the image of classical partisanism based on the works of famous researchers of the partisan movement. As a result of the analysis, the main images of guerrilla warfare were revealed, depending on the belonging of the partisan movement participants to regular formations, as well as on the goals and objectives of the partisan war.

scholarly journals Methods, principles and presumptions of constitutional and conflict diagnostics

2021 ◽  
Vol 7 (2) ◽  
pp. 34-41
Author(s):  
I. A. Tretyak
Keyword(s):  
Law Enforcement ◽  
Causal Relationship ◽  
Statistical Methods ◽  
Rule Of Law ◽  
Systematic Study ◽  
Constitutional Law ◽  
Formal Logic ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Legal Method

The article examines the main elements of constitutional and conflict diagnostics, which is a system of consistently applied methods, legal principles and presumptions, aimed at obtaining information about the causes, content, consequences and methods of preventing and resolving a constitutional conflict. Constitutional and conflict diagnostics is theoretically justified by the author as a new method of the science of constitutional law, which allows lawyers to study constitutional conflicts and constitutional norms of the conflictological type. The use of constitutional and conflict diagnostics will allow to establish and investigate the causal relationship between the formation of law, its normative expression and subsequent law enforcement, which will reflect the constitutional conflict. The author believes that the following methods are used in the course of diagnosing a constitutional conflict: dialectical, systematic, historical, statistical, methods of formal logic, formal-legal method, method of legal modeling, and other methods. The author also proposes to consider as the principles of such diagnostics: the principle of taking into account the specific historical situation, dialectical unity, systematic study of the conflict and the principle of the rule of law. The author suggests considering the following presuppositions used in the course of constitutional and conflict diagnostics: the presumption of the inevitability of constitutional conflicts, the presumption of the solvability of constitutional conflicts, and the presumption of the prevention of conflicts.

scholarly journals PLACING OF PRODUCTIVE FORCES AS AN INSTRUMENT OF POLICY FOR SUSTAINABLE DEVELOPMENT OF THE REGION

2021 ◽  
Author(s):  
Svitlana Mashchenko ◽  
◽  
Katerina Goncharova ◽  
Vladyslav Hrebennikov ◽  
◽  
...  
Keyword(s):  
Sustainable Development ◽  
Research Process ◽  
Development Programs ◽  
Balanced Development ◽  
Regional Strategies ◽  
Effective Policy ◽  
The Subject ◽  
Definition Of ◽  
Goals And Objectives ◽  
Determining Factor

A systematization of approaches to the definition of «sustainable development» has been provided in this article. It has been concluded that there is no unambiguous definition of sustainable development. This term is interpreted by scholars from the standpoint of their own subjective judgments. The definition given in the national strategy of sustainable development of Ukraine until 2030 can be considered as the most acceptable. It has been noted that in the implementation of the concept of sustainable development, the regional (subnational) level should be the determining factor. This is due to the fact that the region is the subject of integration relations, where the goals of sustainable development are most adequate to its position in the system of management of the national economy and regional association. It has been noted that the implementation of sustainable development tasks at the regional level requires: development of socio-economic and environmental development programs; formation of local budgets taking into account the priority of goals and objectives of sustainable development; implementation of a set of measures for balanced development of regions. It has been determined that for further implementation of the concept of sustainable development in the regional dimension, it is necessary to develop a new methodology taking into account the effective allocation of productive forces. It has been emphasized that the deployment of productive forces is a tool to achieve effective implementation of the concept of sustainable development. A scheme to ensure sustainable development of the regions, taking into account the factors of the APF has been suggested by the authors. There are three main areas: development of sustainable development strategies for each region; the formation of local budgets taking into account the priorities and goals of sustainable development and the formation of an effective policy of the APF in the context of sustainable development. It has been noted that the last area is the main one and needs the most attention in the research process. It has been concluded that sustainable development in the region is possible through the development and implementation of regional strategies and programs of sustainable development, as well as in the development of coordinated regional development policy in the context of sustainable development and local budgets taking into account the priority of sustainable development.

scholarly journals Organizational and Legal Principles of Soviet Militia Dispatch Center’s Functioning during 1969–1991

2020 ◽  
Vol 89 (2) ◽  
pp. 15-25
Author(s):  
D. V. Halkin ◽  
O. M. Halkina
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Public Order ◽  
Historical Period ◽  
Legal Principles ◽  
Crime Detection ◽  
Effective Organization ◽  
Goals And Objectives ◽  
Historical Periods ◽  
Made In

The normative and legal provision, organization and activity of militia dispatch centers of Soviet Ukraine in 1969–1991 have been studied. Various forms, methods and directions of activity of militia dispatch centers in 1961–1991 have been analyzed; and the activity of the militia in ensuring the protection of public order and the fight against crime has been reconsidered. The author has characterized the functions of militia dispatch centers, which were performed by them in the period from 1969 to 1991. The peculiarities of personnel and logistical provision of the militia dispatch centers in the specified historical period have been highlighted. The analysis of archival materials has demonstrated that the implementation of the function of the dispatch center was associated with the implementation of an increased number of tasks. However, the combination of the duties of a duty officer with performing the duties in another position led to the overburdening of a militiaman, which had a negative impact on law enforcement activity. Improving the organizational forms of the Soviet militia dispatch centers was carried out in several areas: 1) the creation of regular police units in all militia agencies, the number of which depended on the population, as well as changes in the operative situation; 2) increase in the number of regular shifts; 3) bringing the premises, equipment and logistics of dispatch centers in line with the established requirements; 4) the introduction of additional structures within dispatch centers, caused by an increase in the workload on dispatch centers as a result of the growth in crime rates; 5) increase of requirements to personnel of dispatch centers. In terms of reforming the law enforcement system, miscalculations and mistakes of the past years should be avoided. The specifics of dispatch centers’ activity is that it represents the interests of all services, combines the goals and objectives of public order, prevention and detection of crimes, as well as coordinates their actions in case of emergencies. The efficiency of crime detection, assistance to victims and detention of perpetrators depends on the effective organization of interaction between services and units. Thus, the creative use of obtained experience to improve the activities of the dispatch centers of internal affairs agencies will to some extent avoid mistakes and miscalculations made in previous historical periods.

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

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