scholarly journals LEGAL REGULATION OF NAVAL FORCES ACTIVITY: WORLD EXPERIENCE

2021 ◽  
Vol 117 (4) ◽  
pp. 36-47
Author(s):  
BORYSOV Yevhen

Background. The analysis of the evolution of the regulation of the navy cannot be carried out without considering the reflection of the relevant aspects in the naval historical thought. These scientific researches first of all have no legal orientation and have as their subject the content and nature of the activity of the navy, in particular in measuring its formation and development. At the same time, their generalization and evaluation in the legal dimension would be useful in the context of determining the relationship between historical thought and the development of naval law. An analysis of recent research and publications has shown that, despite aspects of the attention of legal historians to the issue of regulatory support of the armed forces, there is no relevant works on the evolution of the legal regulation of the navy. The aim of the article is to correlate global historical thought and legal support for the activities of the navy. To solve this goal, it is necessary to determine the development of relevant historical thought, to characterize its implementation in the works on naval doctrine and strategy, to assess the importance of relevant works for the development of naval law. Materials and methods. In the course of the research historical-legal, comparative, systemic, epistemological, hermeneutic, biographical methods were used. Results. The reflection of aspects of legal regulation of activity of naval forces in works of historians of fleet is investigated. The formation of the history of the navy from the seventeenth century in terms of special research and works on naval tactics and strategy is considered. It is proved that at the first stage these researches had the character of empirical generalization and provision of tactical activity of the sailing and then mechanized fleet, but from the end of the XIX century this experience was gained in the development of a maritime strategy. Conclusion. Historical studies of naval development first emerged at the appropriate scientific level as part of the development of naval tactics and strategies by French, British and American authors, whose works constitute an interconnected universal and universally recognized system of scientific research begun in the late seventeenth century. At the first stage, these studies were in the nature of empirical generalization and ensuring the tactical activities of the sailing and then mechanized fleet. But from the end of the XIX century this experience was gained in the development of a naval strategy, which gained universal character and indisputable authority for the naval forces of the most countries. In addition to use in works on naval tactics and strategy, the history of the navy from the eighteenth century reflected in biographical works, and in the twentieth century the most of the relevant historical works began to have the character of memoirs. Because the world-renowned fundamental works on naval strategy and tactics belong primarily to American and British authors, the domestic dimension of historical scientific research in this area is extremely limited. Thus, these issues require new research. Keywords: naval forces, history of navy, naval law, naval doctrine, naval strategy.

Author(s):  
Volodymyr Zaichenko ◽  
◽  
Volodymyr Popov ◽  

The purpose of the article is to consider the modern scientific discourse on agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries and to identify promising areas for further research on this issue. The authors used empirical and theoretical methods of scientific research in particular methods of analysis and synthesis, the method of scientific abstraction, and others characteristic methods of research on economic history to achieve this goal and implement the corresponding research tasks. In recent years, a body of diverse scientific research of historians, economists and lawyers has appeared in Ukraine in which these problems are considered. These works differ both in the depth of study of the problem of agricultural lending and in the range of studied issues. The entire body of works of modern Ukrainian scientists, which forms the modern scientific discourse on the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th - early 20th century, consists of three groups including in particular : 1) research, which are devoted to outstanding economists and theorists of lending of the 19th - early 20th century; 2) works on the history of the Peasant and Noble banks, branches and offices of which operated on the territory of the Ukrainian governorates; 3) research of cooperative crediting. We are obliged to note that despite a significant amount of scientific research on the history of lending (including agricultural lending) in Naddnieper Ukraine in the second half of the 19th and beginning of the 20th century, today prevail works devoted only to certain aspects of this complex and important scientific problem, without proper cooperation between representatives of various branches of knowledge. In the authors' view, synectics that is scientific cooperation of representatives of various specialties: economists, historians and lawyers, should become promising in studying the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th centuries. It allows to solve such a complex scientific problem comprehensively and considering the economic component (determination of the most optimal scientifically grounded lending methods) and the historical as well as anthropological approach and the study of the legal regulation of credit relations. In our opinion, it is exactly the kind of approach, that allows not only to study the problem of the history of agricultural lending in Naddnieper Ukraine in the second half of the 19th and early 20th century comprehensively, but also to offer modern lenders a mechanism for developing balanced and affordable credit products that will stimulate the development of the agricultural sector and the economy of Ukraine as a whole.


Author(s):  
Ivan Omelko

The article deals with historical and legal aspects of the normative regulation of the forms of activity of the representative bodies of local self-government and their members on the Ukrainian lands, which were part of Austria-Hungary and pre-revolutionary Russia. It is shown that during the 60-90s of the XIX century, there was an accumulation of experience in the normative consolidation of the legal status and organization of the work of local representative bodies, the formation of the main forms of their activity. Attention is drawn to the fact that in both empires the adoption of liberal legislation on local self-government led to the activation of local rule-making. The content of national and local acts regulating the forms of activity of representative bodies of the late XIX – early XX centuries is analyzed. In its modern form, local government developed in the nineteenth century. as a result of the victory of liberal-democratic reforms in the world's leading states. Therefore, consideration of the evolution of legal regulation of the forms of activity of deputies of domestic local representative bodies should begin in the 1860s, when in Austria-Hungary and the Russian Empire, which at that time included Ukrainian lands, local government began almost simultaneously. The period of functioning of representative bodies of local self-government in the Ukrainian lands as a part of Austria-Hungary and pre-revolutionary Russia (1862-1917) should be considered as the first stage of evolution of forms of activity of deputies of local councils in modern Ukraine. This was the stage of initiating the normative consolidation and practice of implementing the forms of activity of the deputy corps of domestic representative bodies of local self-government.


Author(s):  
Viktoriia Kuznetsova ◽  
Elena Kargovskaia

This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.


2021 ◽  
Vol 3 (3) ◽  
pp. 159-182
Author(s):  
Viktor Kupriyanov ◽  
Galina Smagina

The article is devoted to a critical review of historiography on the problem of the founding and the first decades of the activity of the St. Petersburg Academy of Sciences. The article covers the works of Russian historians of science written from the 18th century to the beginning of the XXIth centuries. The article gives an analysis of the early historiography of the history of the Academy of Sciences (the works of G. F. Miller, I. D. Schumacher), the works of historians of the XIX century (A. A. Kunik, P. P. Pekarsky and others), as well as the works of the Soviet historians of science. Highlighting the works by Yu. Kh. Kopelevich, the authors emphasize the importance of the Soviet historiography of the foundation of the Academy of Sciences. It is shown that Soviet researchers in many respects continue the approaches outlined in the pre-revolutionary period. The article shows that in the historiography of the XIX-XXth centuries emphasize the importance of nationality in understanding the history of the foundation of the Academy of Sciences. In the XIXth century, the idea of Russification of the Academy of Sciences was formed as a basis for the understanding its early history. In Soviet historiography, this idea further developed under the influence of the ideological campaigns of late Stalinist times, although it acquired distorted forms. The authors of the article show thatalthough the post-Soviet Russian historiography of the foundation of the Academy of Sciences continues the Soviet one, in many ways, it offers not only new approaches to understanding of the history of the foundation of the Academy of Sciences, but also new research topics. Research into the founding of the Academy of Sciences became more specialized.


Author(s):  
Daniel B. Rowland

This chapter examines the Vremennik of Ivan Timofeev and describes the disasters that then engulfed Muscovite Rus´, such as famine, civil war, and foreign intervention that stimulated historical thought. It identifies writers who set themselves the difficult task of integrating the disturbing events, particularly the virtual collapse of the “God-established tsarstvo” with the earlier history of Rus´. It also considers Timofeev's Vremennik as the single-best source for investigating how early seventeenth-century Muscovites thought about their own history and politics. The chapter explains how Timofeev, like a number of other smuta tale authors, did not write primarily to promote a particular political point of view or a particular set of ideas. It reveals that the Vremennik is closer to a diary than a polemical work based on the remarks of Timofeev.


Author(s):  
Pavel V. Pitchugin

The article is devoted to the history and development of the Ecclesiastical Seminary of Our Saviour and Bethany and its Library at the end of XVIII - beginning of XIX Century. In the work there are used the materials of the Scientific-Research Department of Manuscripts of the Russian State Library and other sources. They allow to make conclusions on the role of Seminary's library in the history of national education of the XVIII century. Article is of interest for historians, specialists in library science and history of education.


Author(s):  
Oleksandr Dudnik

The purpose of the article is to reveal the features of illuminate in reference and bibliographic publicationsof the first educational associations of the Ukrainian national revival in Przemyśl at the beginning of the XIXcentury. Methodology: during the writing of the work the principles of historicism, objectivity, systematics,and comprehensiveness were applied, as well as – general methods of scientific research – analysis, synthesis,comparison. Scientific novelty: for the first time the coverage in the reference literature of church andsecular cultural and educational associations in Przemyśl at the beginning of the XIX century is considered.Conclusions. There are no articles in scientific reference books directly devoted to the Society of GalicianGreek Catholic Priests and the Peremyshl Cultural and Educational Circle. They are mentioned in the articlesof reference publications on the history of western Ukrainian lands, in articles devoted to famous figures ofthe Ukrainian cultural and national-state revival, sometimes – from the history of Przemyśl. Information aboutthem is incomplete, short, vague, even contradictory, in particular, regarding their names and participants. Thereference publications mention either only the society or the club, sometimes – both organizations. There is noinformation that their activities were identical, and that many of their figures were among the main members ofboth organizations. It is not reported that the church society was founded by the Peremyshl Council of Rusianpriests in 1816, which was actively opposed by both the Catholic Church and the Polish administration inGalicia. It is not reported that after losing the right to act in accordance with its statute, church society wastransformed into a cultural and educational club – a public association. The club also included church andsecular figures who not only contributed to the introduction of teaching in the Ukrainian language but werealso participants in the so-called «alphabet war».Keywords: national revival, Przemyśl, society of Galician priests, Przemyśl cultural and educationalclub, alphabetical war.


2020 ◽  
Vol 12 ◽  
pp. 74-80
Author(s):  
Egor O. Danilov ◽  

The article is devoted to studying the history of the issue of legal liability of doctors. It is noted that in Russia over the past 300 years, the legal regulation of doctors’ liability for negligent harm has undergone a number of multidirectional changes: first, the legalization of sanctions on the talion principle (XVII– XVIII centuries), then actual decriminalization (mid-XIX century), and then the transition to the practice of criminal prosecution on a general grounds (beginning of XX century).


Author(s):  
Ruslan Adamovich Muratov

Spread of the possibility of free movement of capital from one jurisdiction to another allows the companies incorporated in high-tax countries, to use low-tax or tax-free jurisdictions for conducting business and, as well as reducing tax burden. One of the mechanisms of tax evasion is the creation of controlled foreign companies that can delay the payment of dividends to the parent company, i.e. the payment of income that will be taxed in the country of tax residence of the parent company. The countries, in turn, adopt CFC rules (controlled foreign companies riles) to prevent tax evasion, which may change due to various circumstances. The CFC rules are aimed at determining the actual tax liability of the taxpayer. However, there are situations when CFC rules are implemented in a broader approach – for example, a wide range of entities would fall under the definition of “controlled foreign companies” or “controlling entities”, which may result in the fact that the conditions for application of CFC rules may arise for the entities that do not exercise control over a foreign company. In this case, CFC rules can worsen the situation of the taxpayer. This creates an abuse of the right of controlling authorities in terms of preventing tax evasion. In order to avoid such situations, it is necessary to improve the CFC rules by limiting the circle of entities and clearly distinguishing between abuse of the rights and lawful actions in implementation of CFC rules.


Lex Russica ◽  
2020 ◽  
pp. 96-105
Author(s):  
A. M. Kamalyan

This paper is a follow up of the paper "Peculiarities of Scientific Research in High-Performance Sports as in the Case of "Formula 1". The author examines the influence of the regulations, which are not formulated in the most obvious way, on scientific research in professional sports as in the case of Formula 1. It is emphasized that the "gray zones" represent a certain gap in legal regulation, which should be negatively assessed by the participants of the competition. At the same time, since Technical Regulations restrict the freedom of scientific research, such provisions allow engineers and designers to fully demonstrate their abilities, creativity and non-standard thinking. Some of the most striking examples in the history of the "Queen of Motorsport", when a particular team used a loophole in the legal regulation, are given. The circumstances of the emergence of innovative solutions, the reaction of competitors and the International Motorsport Federation (FIA) are presented. The author analyzes the decisions of the FIA court of Appeal in cases where a dispute about the interpretation of the rules and the legality of the use of a particular design reached the court. Special attention is given to ambiguous research results that have appeared in recent years, including the Renault team brake bias system, Ferrari fuel system and power unit investigation and the Mercedes Dual-Axis Steering (DAS) system. It is emphasized that the elimination of gaps in legal regulation is carried out not only by adding or changing Technical Regulations, but also by issuing technical directives that are not subject to official publication. The author carries out a comparative analysis of the legal properties of Technical Regulations and technical directives with acts of secondary law of the European Union with similar titles (regulation and Directive) is carried out.


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