scholarly journals CONCEPTUALITY AS AN OBJECTIVE PROPERTY OF LAW DETERMINED BY PRINCIPLES OF LEGAL THINKING

2018 ◽  
Vol 6 (4) ◽  
pp. 26-30
Author(s):  
Анна Чувальникова ◽  
Anna Chuval'nikova
Keyword(s):  
Comparative Analysis ◽  
Genetic Linkage ◽  
Legal Thinking ◽  
Objective Property ◽  
The Right

The property of conceptuality inherent in the right caused by a genetic linkage of thinking and the right and also the dualism inherent in legal thinking which is expressed in attribution to legal thinking of such properties as conceptuality and normativity is proved in article; on the basis of the comparative analysis of characteristics of normativity and conceptuality of legal thinking, the assumptions of conceptuality as objective property of the right are formulated.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Integrative Approach in Law Understanding: the History of the Origin of Ideas and the Current State

2020 ◽  
Vol 2 (1) ◽  
pp. 115-130
Author(s):  
R. R. Palekha ◽  
Keyword(s):  
Central Place ◽  
Scientific Basis ◽  
Integrative Approach ◽  
Current State ◽  
History Of ◽  
Legal Thinking ◽  
Reliable Knowledge ◽  
The Right ◽  
Fat Formulation

Introduction. Right understanding is the most live, interesting and, at the same time, the uncertain and changeable area of researches which takes the central place as in the general theory of the right, and gains the increasing value in industry jurisprudence that is connected with its considerable teoretiko-methodological and applied potential which is shown in spheres of lawmaking and law-enforcement activity. Thus, right understanding represents research tools of the subject of knowledge which allow to study all range legal and, the based on them, state phenomena for the purpose of obtaining reliable knowledge of state and legal reality. In this regard integrative approach in right understanding which has rich history of the formation and development is of special interest, allows to perceive the right as integrally complete phenomenon, as much as possible retrieves its regulatory abilities and, provides achievement of criteria of scientific research: comprehensiveness, objectivity, historicism. Materials and Methods. In article an attempt of the analysis of integrative approach in right understanding from a position of history of origin of his ideas and assessment of the current state is made. A result of studying of scientific literature, generalization and comparison of the different points of view fat formulation of author’s determination of category “right understanding” and submission of the evidence-based integrative theory of right understanding which as much as possible conforms to requirements of time and has essential regulatory and guarding potential. Results. In article the category right understanding is comprehensively considered, different integrative theories of right understanding from a position of their origin and development are submitted, the value of modern integrative approach in right understanding is shown, perspectives of its further development are evaluated. Discussion and Conclusion. The author comes to the conclusion about the theoretical and methodological consistency and inevitability of the integrative approach in law understanding, which acts as a scientifically grounded type of legal thinking capable of comprehending the law on a truly scientific basis.

Valid Signature Detection and Verification for Security of Individual Person

2016 ◽  
Vol 1 (1) ◽  
pp. 50-53 ◽  
Author(s):  
Varun Sharma ◽  
Narpat Singh
Keyword(s):  
Neural Network ◽  
Comparative Analysis ◽  
Recent Work ◽  
Research Work ◽  
Early Research ◽  
Individual Person ◽  
Signature Detection ◽  
Online Signature ◽  
The Right ◽  
Handwritten Signature

In the recent research work, the handwritten signature is a suitable field to detection of valid signature from different environment such online signature and offline signature. In early research work, a lot of unauthorized person put the signature and theft the data in illegal manner from organization or industries. So we have to need identify, the right person on the basis of various parameters that can be detected. In this paper, we have proposed two methods namely LDA and Neural Network for the offline signature from the scan signature image. For efficient research, we have focused the comparative analysis in terms of FRR, SSIM, MSE, and PSNR. These parameters are compared with the early work and the recent work. Our proposed work is more effective and provides the suitable result through our method which leads to existing work. Our method will help to find legal signature of authorized use for security and avoid illegal work.

COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Human Right ◽  
Housing Rights ◽  
Country Differences ◽  
The Right

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.

Features of the vacation of a remote employee: a note to the accountant of a medical institution

2021 ◽  
pp. 64-73
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Comparative Analysis ◽  
Medical Institution ◽  
Remote Work ◽  
Employment Contract ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Right

A comparative analysis of the latest changes in labor legislation concerning the implementation of the right to leave by remote workers is carried out. The article considers the legal differentiation of the norms on vacation of remote workers who perform remote work in accordance with the employment contract on a permanent basis, and remote workers who perform remote work temporarily. The complex issues of the application of labor legislation to remote relations and the applied models of vacation regulation are considered; restrictions that cannot worsen the situation of a remote worker, deprive him of constitutional guarantees, or restrict his right to rest.

scholarly journals Compensation for harm resulting from the usage of a building: Comparative analysis of Russian and Chinese law

2021 ◽  
Vol 12 (2) ◽  
pp. 455-476
Author(s):  
Evgeniy A. Erbakhaev ◽  
◽  
Maxim V. Kratenko ◽  
Keyword(s):  
Comparative Analysis ◽  
Residential Buildings ◽  
Third Party ◽  
Legal Regime ◽  
Republic Of China ◽  
Chinese Law ◽  
Liability Law ◽  
Special Rules ◽  
The Right ◽  
Roof Falling

The article examines the problem of compensation for harm caused in the process of using a building and structure. Attention is paid to the side of the defendant in relation to apartment buildings and non-residential buildings, the distribution of liability in the case of a plurality of tortfeasors, the regulation of third-party liability issues by the contract. A comparative analysis of the legislation of the Russian Federation and the People’s Republic of China regulating the liability of building’s owners (users) and contractors involved in the maintenance of a building as well as court practice is conducted. The choice of the Chinese legal system is due to the presence of special rules in Tort Liability Law of China (2009). According to the results of the study, the authors have formulated a number of proposals, in particular: to unify the legal regime for residential and non-residential buildings for the purposes of compensation for harm caused to third parties; to differentiate the liability for harm caused by the destruction of a building (its structural components) and damage due to items falling out from the building (snow or ice falling from the roof, falling advertising designs, objects being thrown out of the building, etc.), to allow the contractual regulation of owner’s liability provided that the victim is given the right to choose the defendant (the building’s owner or the maintenance company, the contractor involved). The authors also argue in favor of a codified act as a source of tort law, which will ensure consistent regulation of the studied relations.

scholarly journals The Development of Higher Education in Albania, Problems and Challenges

2019 ◽  
Vol 1 (1) ◽  
pp. p21
Author(s):  
Dr. Mirela Tase ◽  
Dr. Manjola Xhaferri
Keyword(s):  
Higher Education ◽  
Civil Society ◽  
Comparative Analysis ◽  
Education System ◽  
The Other ◽  
Educational Systems ◽  
Higher Education System ◽  
Communist System ◽  
Sensitive Issue ◽  
The Right

Education is considered as one of the main pillars of society. An educated society leads the development of a nation. Education is also one of the areas which is also strongly influenced by it and social change. The fact that the educational systems are in permanent change does not show instability. But rather on the other side, they serve to better adapt the society which is changing. Starting from the beginning the education system in Albania has experienced changes after the collapse of the communist system and the approach of society to these changes has been a sensitive issue. These changes were not very studied, since they were in a very unfavorable environments, in which our education system came from a widespread politicization, and they did not always have the right fruits which was often perceived by us as experiments. These changes have not passed without debate, not only by academics, but also by students and civil society. Methodology: The work is based on a comparative analysis over these three decades, relying also on INSTAT’s statistical data.Main results: In this paper, I will show the transformation of the higher education system and how today the Law on Higher Education after three years of implementation has encountered a number of problems where the state and universities are moving from one to the other and finally that those who suffer the consequences of this law are the Albanian young who are not finding themselves in the Albanian market.

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