CURRENT STATE OF DEVELOPMENT AND PROBLEMS OF THE INSTITUTE OF RESTITUTION IN UKRAINIAN CIVIL LAW

2017 ◽  
Author(s):  
Andrii Ivanov ◽  
◽  
Darya Blynova ◽  
Vladyslav Kryvnyi ◽  
◽  
...  
Keyword(s):  
Civil Law ◽  
Modern Science ◽  
Point Of View ◽  
The European Union ◽  
Current State ◽  
European Experience ◽  
General Meaning ◽  
Priority Function ◽  
Definition Of ◽  
Further Development

This article is a scientific study that is directly related to determining the place of restitution, the range of its problems and forecasts for its further development in modern civil law of Ukraine. The article forms and provides us with a definition of the concept itself, which is considered, both in its general meaning and directly in the civil law aspect of it. In addition, the main features are characterized, the priority function of restitution is determined. Then, types of restitution, in particular bilateral and unilateral, are described. Their place in modern science and law, compared with what was before, also analyzed. The laws where restitution is directly mentioned is analyzed, the corresponding cases are specified. The article distinguishes in detail the concepts of restitution and vindication, describes the features of the last, in particular common and different for both of these concepts. Restitution is also considered as a category of international law in the context of relations between Ukraine and the European Union, formed an author's point of view on this issue, proposed ideas for solving problems and using European experience related to the development of restitution. The results of the research indicate the importance of restitution in civil law, summarize the range of its problems and suggest options for their solution and also describe the hopes for further development of the concept under consideration.

О вопросах фольклоризма в письменной литературе

2019 ◽  
pp. 31-33
Author(s):  
Суусар Искендерова
Keyword(s):  
Modern Science ◽  
Folk Songs ◽  
Point Of View ◽  
The Past ◽  
Scientific Term ◽  
Literature Culture ◽  
Definition Of ◽  
The Relationship

Аннотация: Исследование проблемы фольклоризма является наиболее актуальной в современной науке о фольклоре. На разных этапах развития художественной литературы для формирования индивидуального творчества писателя особенно значимым становятся фольклорные жанры, сюжетные мотивы и художественные средства. В статье рассматривается связь письменной литературы и фольклора, особенно точка зрения проблеме фольклоризма в прошлом и их анализ. Термин «фольклоризм» начал использоваться советскими исследователями учеными как научный термин еще в 1930-х гг. Термин «фольклоризм» используется в различных сферах культуры, а в этой статье мы будем рассматривать в литературе. Несмотря на то, что на протяжении многих лет этот вопрос изучается литературоведами, фольклористами, все -таки нет единого теоретического определения понятия. Ключевые слова: фольклор, фольклоризм, литература, культура, письменная литература, художественная литература, оседлый народ, пословицы и поговорки, фольклорные песни. Аннотация: Көркөм адабияттын өнүгүүсүнүн ар кайсы баскычтарында сүрөткердин жеке чыгармачылыгынын калыптанышы үчүн фольклордук жанрлар, сюжеттер, мотивдер жана көркөм каражаттар айрыкча мааниге ээ. Макалада жазма адабият менен фольклордук карым-катышы, айрыкча фольклоризм маселеси жөнүндө мурдагы көз караштарга кайрылып, аларга талдоо жүргүзүү менен бирге автор өз байкоолорунда келтирет. “Фольклоризм” деген илимий термин 1930-жылы баштап колдонула баштаган. “Фольклоризм” термини маданияттын түрдүү сфераларында кеңири колдо- нулат, бул жерде адабияттагы колдонулушун каралат. Макалада адабий материал менен фольклордук байланышын терең түшүнүү үчүн адабий фольклоризм маселесинин талаштуу жактары каралат. Түйүндүү сөздөр: фольклор, фольклоризм, адабият, маданият, жазма адабият, көркөм адабият, көчмөн калк, макал-лакап, фольклордук ырлар. Annotation: The study of the problem of folklore is the most relevant in the modern science of folklore. At various stages in the development of fiction, folklore genres, plot motifs, and artistic means become especially significant for the formation of the writer's individual creativity. The article examines the relationship between written literature and folklore, especially the point of view of the problem of folklorism in the past and their analysis. The term "folklorism" began to be used by Soviet scholars as a scientific term back in the 1930s. The term "folklorism" is used in various fields of culture, and in this article we will consider in the literature. Despite the fact that for many years this issue has been studied by literary scholars, folklorists, all the same there is no single theoretical definition of the concept. Keywords: folklore, folklorism, literature, culture, written literature, fiction, settled people, proverbs and sayings, folk songs.

Contemporary psychosurgery and a look to the future

2001 ◽  
Vol 95 (6) ◽  
pp. 944-956 ◽  
Author(s):  
Robert P. Feldman ◽  
Ronald L. Alterman ◽  
James T. Goodrich
Keyword(s):  
Modern Science ◽  
Psychiatric Disease ◽  
Content Type ◽  
Current State ◽  
Mind And Brain ◽  
Patient Selection Criteria ◽  
Definition Of ◽  
Historical Developments ◽  
The Mind ◽  
Fine Print

Object. Despite a long and controversial history, psychosurgery has persisted as a modern treatment option for some severe, medically intractable psychiatric disorders. The goal of this study was to review the current state of psychosurgery. Methods. In this review, the definition of psychosurgery, patient selection criteria, and anatomical and physiological rationales for cingulotomy, subcaudate tractotomy, anterior capsulotomy, and limbic leukotomy are discussed. The historical developments, modern procedures, and results of these four contemporary psychosurgical procedures are also reviewed. Examples of recent advances in neuroscience indicating a future role for neurosurgical intervention for psychiatric disease are also mentioned. Conclusions. A thorough understanding of contemporary psychosurgery will help neurosurgeons and other physicians face the ethical, social, and technical challenges that are sure to lie ahead as modern science continues to unlock the secrets of the mind and brain.

Party-Political and Socio-Economic Сonsequences of Elections to the German Bundestag

2021 ◽  
pp. 24
Author(s):  
V.B. Belov
Keyword(s):  
Point Of View ◽  
The European Union ◽  
Social Democrats ◽  
The Social ◽  
Angela Merkel ◽  
The Face ◽  
German Bundestag ◽  
The Impact ◽  
Further Development

The article examines the results of the last Bundestag elections. They marked the end of the Angela Merkel era and reflected the continuation of difficult party-political and socio-economic processes in the informal leader of the European Union. The main attention of the research focuses on the peculiarities of the election campaign of the leading parties and of the search for ways of further development of Germany in the face of urgent economic and political challenges. These challenges include the impact of the coronavirus crisis, the impact of the energy and digital transition to a climate-neutral economy, and the complex international situation. Based on original sources, the author analyzes the causes of the SPD victory and the CDU/CSU bloc defeat, the results of the negotiations of the Social Democrats with the Greens and Liberals, the content of the coalition agreement from the point of view of the prospects for the development of domestic and foreign policy and the economy of Russia's main partner in the west of the Eurasian continent. The conclusion is made about the absence of breakthrough ideas, the consistent continuation of the course started by the previous government for a carbon-free economy and the strengthening of the role of Germany in Europe and the world. For this course, conflicts and problems in achieving the set goals will be immanent due to the compromising nature of the coalition agreements.

GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW

2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova
Keyword(s):  
Goal Setting ◽  
Social Relations ◽  
Civil Law ◽  
Scientific Research ◽  
Scientific Work ◽  
Point Of View ◽  
Existing Problems ◽  
The Creation ◽  
Scientific Results ◽  
Definition Of

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

scholarly journals Biblical studies as a modern humanitarian discipline and its connection with theology

2020 ◽  
Vol 2 (3) ◽  
pp. 502-527
Author(s):  
Mikhail G. Seleznev ◽  
◽  
Alexander I. Kyrlezhev ◽  
Keyword(s):  
Internal Structure ◽  
Modern Science ◽  
Scientific Discipline ◽  
Biblical Studies ◽  
Point Of View ◽  
Biblical Exegesis ◽  
The Bible ◽  
Current State ◽  
Biblical Scholar ◽  
Church Tradition

A conversation with the famous Russian biblical scholar Mikhail Seleznev is devoted to the modern humanitarian discipline of biblical studies. The conversation examines the origins of this scientific discipline, its formation and development, internal structure, its connection with other humanitarian disciplines, as well as with theology understood as a reflection of believers on the foundations of their faith. Examples of the achievements in biblical studies in the 19th and 20th centuries are provided, which as a result have changed our understanding of the origin of biblical texts and the context in which they were created. The article analyzes the attitude towards scientific study of the Bible in various Christian confessions, in particular, the perception of biblical studies in the Orthodox community and the related problems of modern church consciousness. The current state and the prospects of development of biblical studies in Russia are reported on in the article. The issue of the so-called “intertestamental studies” and its significance for comprehending early Christianity is discussed, as well as that of biblical exegesis from the point of view of its understanding in modern science and church tradition. Bibliographic recommendations are provided for those who wish to begin a more detailed acquaintance with modern biblical studies.

Labour Market Flexibility: Need and Outcome. Some Socio-economic Reflections based on the European Experience

2006 ◽  
Vol 14 (4) ◽  
pp. 587-607
Author(s):  
SABINE M.-L. URBAN ◽  
DARIO VELO
Keyword(s):  
Labour Market ◽  
Point Of View ◽  
The European Union ◽  
Political Debate ◽  
Performance Variables ◽  
Labour Market Flexibility ◽  
European Experience ◽  
Institutional Structures ◽  
Scientific Associations ◽  
The Eu

The fast rate of the globalisation process and huge technological changes are leading to increased uncertainty. Risk (considered either as a threat or as an opportunity) is correlated to uncertainty. That means that the socio-economic environment may be considered as ambiguous, and the reaction of players complex, unforeseeable and difficult to handle. In such conditions one looks for simple formulae or tricks to manage the necessary change in human behaviour, institutional structures, production and trade methods. ‘Flexibility’ seems to be a magic keyword – both a performance driver and an expression of freedom. Labour market flexibility is currently the focus of ideological and political debate. This paper aims to clarify some points in the debate, especially in the European Union context. First, we give some brief information about the EU framework with regard to the labour market flexibility and its performance. Second, we try to understand how labour market flexibility is dependent on decisions of enterprises (in search of competitiveness). But this point of view needs to be enlarged to a more systemic approach; flexibility is only one of the socio-economic performance variables. A flexibility paradigm is related to a new political and humanistic project, and is a serious consideration for a number of industrial and financial companies, scientific associations and bodies.

scholarly journals THEORETICAL AND LEGAL ASPECT OF THE FORMATION OF THE INSTITUTE OF ACCESSORY OBLIGATIONS.

2021 ◽  
Vol 2 (67) ◽  
pp. 68-72
Author(s):  
R. Truhan ◽  
S Nadtochij
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Characteristic Features ◽  
Definition Of ◽  
Further Development

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.

scholarly journals Geneza i pojęcie żywności lokalnej w powiązaniu z ideą zrównoważonejkonsumpcji

2019 ◽  
pp. 23-35 ◽  
Author(s):  
Elżbieta Goryńska-Goldmann
Keyword(s):  
Rural Areas ◽  
Local Food ◽  
Sustainable Consumption ◽  
Public Institutions ◽  
The European Union ◽  
Alternative Approach ◽  
Union Local ◽  
The Subject ◽  
Definition Of ◽  
Further Development

This paper reviews the conceptual apparatus and the genesis of local food, on the basis of definitions and with respect to legal conditions, as well as the popular ways of interpretation of local food and scientific research performed by different centers and institutions – both domestic and foreign. On the basis of that, the paper presents the author’s own proposition concerning the abovementioned issue. The aim of the paper is to present the genesis and the definition of local food in the perspective of sustainable consumption. While conducting the research, the scientific literature concerning the subject was reviewed, and the findings were documented with available statistical and market information. The research showed that public institutions see the potential of local food and hope that it can drive the development of rural areas in the European Union. Local food is an alternative approach to the way in which food consumption can be turned into a sustainable one. Informed and responsible consumers, who are aware of their own limitations and value tradition, provide some new quality to the society (as they constitute a specific form of social capital), what translates into bigger local food production possibilities and is the basis for the further development of sustainable consumption.

scholarly journals Inter-parliamentary Cooperation in the EU and outside the Union: Distinctive Features and Limits of the European Experience

2018 ◽  
Vol 10 (3) ◽  
pp. 56-82
Author(s):  
Elena Griglio ◽  
Nicola Lupo
Keyword(s):  
Point Of View ◽  
Major Influence ◽  
Full Potential ◽  
The European Union ◽  
European Experience ◽  
Aims And Scope ◽  
Composite Nature ◽  
The One ◽  
Layered Design ◽  
The Eu

Abstract The article draws comparisons between inter-parliamentary cooperation in the European Union and at the international level. It recognises that, notwithstanding a strong international imprint, inter-parliamentary relations in the EU have gradually experienced somewhat distinctive pushes, deeply embedded in the unique constitutional arrangement of the Union. On the one hand, the composite nature of EU constitutionalism, and its impact on parliaments’ relationship with the democratic oversight rationale, have exercised a major influence on the aims and scope of inter-parliamentary cooperation. On the other hand, from the organisational point of view, the distinctive structure of parliamentary representation in the EU has pushed inter-parliamentary arrangements into a multi-layered design, consisting of a large variety of vertical formats. The article argues that inter-parliamentary cooperation in the EU is expected to act as a sui generis practice when compared to apparently similar forms of transnational dialogue amongst parliaments. In theory, at least, the EU sets ideal conditions for fulfilling an authentic collective parliamentary dimension, instrumental to the democratic oversight of the executives. Instead, focusing on the practice, the full potential of EU inter-parliamentarism is not yet fulfilled, for two set of reasons: the unresolved ambiguities over its contribution to parliamentary democracy and the lack of a real capacity to depart from the formats of international parliamentary institutions.

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