scholarly journals CRIMINALISTICS SUBJECT: STAGES OF FORMATION AND MODERN APPROACHES

2018 ◽  
Vol 18 ◽  
pp. 62-73
Author(s):  
V. V. Yusupov
Keyword(s):  
Social Relations ◽  
Activity Patterns ◽  
Criminal Activity ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Stage Of Development ◽  
Initial Stage ◽  
Crime Investigation ◽  
Definition Of ◽  
The 19Th Century

Currently transformation of criminalistics subject is determined due to reform of the Ministry of Internal Affairs, the prosecutor's office, courts and other bodies of criminal justice authorities of Ukraine, change of status, powers of operational units, bodies of pre-trial investigation , expert institutions, and their organizational and structural reformations. Concepts regarding the initial stage of development criminalistics subject has been improved. This stage defined the period 1893–1914 years, when the data on the criminalistics subject reflected in writings, mainly Western European criminalists (H. Gross, R. Reiss, A. Nicheforo, etc.).  Five stages of development approaches to the criminalistics subject are proposed: first (1893–1914) – physical evidence research, the behavior of criminals and the activities of participants in criminal process; second (1915 – until the 1930s) – technical support for crime investigation; third (1930s to 1967) – disclosure, investigation and prevention of crimes; fourth (1967 to the end of the 20th century) – research on patterns of information emergence about the crime and those based on cognition of these patterns, forensic means and methods of disclosure, investigation and prevention of crimes; fifth (beginning of the 19th century until the present) – criminalistics is defined as a science studying criminal activity patterns, genesis of information about a crime or any phenomenon in society and which is used in a number of types of legal proceedings and related social relations. The author has proved that in such new approach to the definition of criminalistics subject it is necessary to take into account the scope of criminalistic knowledge application, conceptual approaches to crime investigation provided by criminal procedural law, modern legal terminology.

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

scholarly journals The Genesis of the German Social Insurance Model: History and Present

2020 ◽  
Vol 17 (3) ◽  
pp. 328-345
Author(s):  
Andrei Lushnikov
Keyword(s):  
Social Relations ◽  
Social Insurance ◽  
Social Forces ◽  
Social Transformations ◽  
Theoretical Substantiation ◽  
Stage Of Development ◽  
Initial Stage ◽  
German Model ◽  
Insurance Model ◽  
Scientific Phenomena

This article examines a complex of problems associated with the formation and the initial stage of development of the German model of social insurance. Initially, three models of such insurance have been proposed, then the main characteristics of the considered model have been highlighted. The article states that the German scientist Adolf Wagner played an outstanding role in the theoretical substantiation of this model. At the same time, the stages of his biography are briefly considered, allowing us to understand why exactly his role was so significant. Further, such important scientific phenomena for the formation of the system of compulsory state social insurance as Wagner's law, the principles of taxation substantiated by him, its use for redistribution of income, etc., are analyzed. Special attention is paid to the activities of the Union of Social Policy, which played an important role in the preparation of regulatory bases of future social transformations. The conclusion is substantiated that the formation of the German model of social insurance was the result of a long evolution of social relations from voluntary insurance at the expense of the workers themselves to optional, then optional-mandatory and, finally, mandatory social insurance based on the relative consensus of the leading social forces: political power, workers and some of the employers.

The Formation of Pastoral Theology as an Academic Discipline on the Example of Moscow Theological Academy (1814-1869)

2020 ◽  
pp. 179-201
Author(s):  
Андрей Владимирович Дружинин
Keyword(s):  
19Th Century ◽  
Pastoral Theology ◽  
Academic Discipline ◽  
Educational Environment ◽  
Stage Of Development ◽  
Initial Stage ◽  
Theological School ◽  
History Of ◽  
The 19Th Century

Цель статьи - проследить начальный этап развития одной из наиболее дискуссионных областей богословских наук - пастырского богословия - в учебном курсе духовных академий первой половины XIX в. на примере московской духовной академии. согласно уставу духовных училищ, академии должны были готовить преподавателей по семинарскому курсу пастырского богословия. однако на практике в течение действия устава 1814 г. преподавание и развитие данной дисциплины было сопряжено с рядом коллизий, зависящих как от внешних обстоятельств, так и от специфики концептуализации идеи пастырской подготовки. в историографии данный период развития пастырского богословия освещён скудно и тенденциозно. мнение об отсутствии оригинальной пасторологической мысли в данный период складывается без учёта архивных источников, что является упущением. в связи с этим в докладе предлагается взгляд на генезис и содержание пастырского богословия на основании проработки материалов московской духовной академии из архивных учреждений москвы, датированных периодом с 1816 по 1869 г. результаты исследования позволяют судить о значении пастырского богословия в дореволюционной духовной школе. The following article is devoted to the history of one of the most debatable areas of theological sciences - pastoral theology. The report attempts to trace the initial stage of development of this discipline in the course of theological academies (1st half of the 19th century) on the example of Moscow Theological Academy. During the validity of the Charter of 1814, the teaching and development of pastoral theology was associated with a number of collisions, depending both on external circumstances and on the conceptualization of understanding the pastor in the spiritual and educational environment. In this regard, the article offers a look at the genesis and content of pastoral theology based on the elaboration of archival materials from Moscow Theological Academy from the archival institutions of Moscow dated 1816-1869. The results of the study make it possible to judge the significance of pastoral theology in the prerevolutionary theological school.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

Doctors in Spite of Themselves: The Limits of Radical Health Criticism

1982 ◽  
Vol 12 (3) ◽  
pp. 419-457 ◽  
Author(s):  
Evan Stark
Keyword(s):  
Medical Care ◽  
Social Relations ◽  
Modern Medicine ◽  
Scientific Medicine ◽  
Epidemic Disease ◽  
Professional Ideology ◽  
Health Strategy ◽  
Definition Of ◽  
And Control ◽  
The 19Th Century

This paper distinguishes a materialist from a medical approach to health (including as medical the clinical, epidemiological, sociological, environmental, and radical approaches). Three themes are developed. The first concerns a broad definition of medicine. Derived from the actual strategies that capital and labor adopt to health, this definition encompasses all attempts to manage the social factors responsible for ill-health as “conditions” while maintaining (or concealing) the contradictory basis for these conditions in capitalist social relations. The second theme concerns the roots of medicine. Radicals treat scientific medicine as a tool introduced by capitalists and a professional elite to maximize profits, increase productivity, and control women and other oppressed minorities. The materialist view, by contrast, emphasizes the role of worker initiatives in transforming the relations responsible for epidemic disease in the 19th century and the extent to which this transformation led directly to the utility of medical care after 1900. The fact that modern medicine can acknowledge its dependence neither on these initiatives nor on the progress of suffering created through the accumulation process is far more important than the market position of doctors in determining medicine's limits and the ideology of professional doctors. The third theme concerns the utility of a materialist epidemiology for reinterpreting many of the same issues examined by radicals, including medicalization, victim blaming, professional ideology, elitism, the exclusion of certain oppressed groups from “the sick role,” and medicine's failure to combat the diseases of stress. The basic contention is that a revolutionary health strategy is impossible as long as medical care remains the centerpiece of our analysis.

scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

scholarly journals ПРИМЕНЕНИЕ МЕТОДОВ ЧИСЛЕННОГО МОДЕЛИРОВАНИЯ ПРИ ЭКCПЕРИМЕНТАЛЬНОЙ ОТРАБОТКЕ ЗАБОРНЫХ УСТРОЙСТВ ЦЕНТРАЛЬНОГО ТИПА

2019 ◽  
pp. 33-42
Author(s):  
Александр Николаевич Минай ◽  
Игорь Викторович Седых ◽  
Ирина Юрьевна Кузьмич
Keyword(s):  
Numerical Modeling ◽  
Large Scale ◽  
Engineering Practice ◽  
Launch Vehicles ◽  
Stage Of Development ◽  
Initial Stage ◽  
Scale Models ◽  
Hydrodynamic Processes ◽  
Definition Of ◽  
Semi Empirical

At the design of intakes of fuel tanks of launch vehicles in engineering practice, empirical and semi-empirical dependences are used for the determination of main parameters of the movement of liquid. However, the received from skilled data, empirical dependencies are applicable for a limited circle of tasks in which conditions (initial and boundary) are similar to for what these dependencies were received. Therefore, the calculated parameters of intakes it has to be validated by the results of experimental working off. Experimental working off intakes at hydrodynamic stands is, as a rule, carried out on natural tanks and their large-scale models (skilled designs) in terrestrial conditions. For confirmation of similarity of hydrodynamic processes, experimental working off the large-scale models is carried out on several skilled designs of different scales and several model liquids. Now, with the development of computer facilities and numerical methods of the solution of the differential equations of the movement of liquid, there was an opportunity to replace almost universal use of empirical dependences with more exact computing experiment. It, in some cases, allows reducing the quantity of the used skilled designs, terms of carrying out experimental working off, and, as a result, material expenses. The article presents results of the experimental definition of the static hydraulic rest of a component of fuel in skilled designs of a tank of the first step of carrier rockets with the central selection of a component and numerical modeling on mathematical 3D and 2D models of skilled designs (similar scale) are considered. The authors developed the calculated and experimental method of verification of results of numerical modeling allowing them to conduct necessary researches with the demanded accuracy. The offered approach allows improving the existing traditional method of experimental working off of intakes, already at the initial stage of development to optimize their parameters, to reduce the volume of necessary experimental working off and to lower time and material expenditure on its carrying out.

scholarly journals CRIME AS AN OBJECT OF INQUIRY IN RUSSIAN CRIMINALISTICS ALEKSEY BESSONOV,

2018 ◽  
Vol 5 (2) ◽  
pp. 112-127
Author(s):  
A. Bessonov
Keyword(s):  
Criminal Activity ◽  
Criminal Cases ◽  
New Techniques ◽  
Crime Investigation ◽  
The Subject ◽  
Definition Of ◽  
Object Of Study ◽  
The Relationship ◽  
Modern Russian

This article deals with the definition of the subject and objects of modern Russian criminalistics. It is aimed at sensitizing world public opinion to the necessity of inquiry into the criminalistic essence of crime and encouraging criminalists to study new techniques of crime investigation in order to mitigate risks and reduce errors arising in the criminal investigation process.One of the main objects that is constantly undergoing research in Russian criminalistics is criminal activity. The subject of Russian criminalistics is the regularities of criminal activity. When investigating crimes scientists are interested in the information that allows the successful investigation of the crimes and determination of the offender. The information about different types of crimes, which is necessary for crime investigation, is accumulated in the criminalistic characteristic of crimes. The Criminalistic Characteristic of Crimes is a scientific theory of modern Russian criminalistics that makes it possible to fully examine the specific features of crimes of all kinds, i.e. the forensic nature (essence) of crime, the system of crime elements with their characteristics, and the relationship between those elements. In U.S. and European criminalistics, the regularities of criminal activity are not defined as an object of study of this science. Yet, in the U.S. and European countries criminal profilers investigating criminal cases study the criminal links between crimes to identify crime series and crimes committed by similar offenders (or to determine co-offenders).

Labour takes Root; Mobilization and Immobilization of Javanese Rural Society under the Cultivation System

Itinerario ◽  
1984 ◽  
Vol 8 (1) ◽  
pp. 77-117 ◽  
Author(s):  
Leonard Blussé
Keyword(s):  
Social Relations ◽  
Social Order ◽  
Industrial Revolution ◽  
Karl Marx ◽  
Ruling Class ◽  
Surplus Value ◽  
Stage Of Development ◽  
The 19Th Century ◽  
Export Crops ◽  
Mode Of Production

In the production of tropical export crops, the factor labour has always overshadowed the two other factors, land and capital. In the days prior to the mechanisation of agriculture, that is to say, far into the second half of the 19th century, the factor capital almost coincided with labour. “Des bras, des bras, toujours des bras” as the saying went among the planters of the Mascareignes. However, it would be wrong to suggest that before the industrial revolution the relative importance of labour only manifested itself in the production of tropical export crops. There is a revered tradition in economic theory which considers labour to be the only source of wealth. Thus, Karl Marx proposed that the value produced by a labourer above the maintenance level should be designated as surplus value. For him, the control of this surplus lay at the basis of each “mode of production” (his term for a stage of development). Each mode of production was characterised by a specific set of social relations between the labourer, the ruling class that appropriates the surplus value, and the means of production. Labour and the labour process therefore were in his eyes a social phenomenon. One might add they are inherent to the tissue of authorities that constituate any social order.

scholarly journals SUBJECT OF PROCEDURAL LAW: METHODOLOGICAL APPROACH TO DEFINITION

2020 ◽  
Vol 24 (3) ◽  
pp. 572-590
Author(s):  
Valery P. Belyaev ◽  
Tamila M. Ninciyeva
Keyword(s):  
Social Relations ◽  
Methodological Approach ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Scientific Methods ◽  
Procedural Law ◽  
Starting Point ◽  
General Scientific ◽  
Definition Of ◽  
Social Importance

The purpose of the study of this article is a general theoretic analysis of scientific views on the essence of legal regulation and its object for the development and formation of a definition of the object of procedural legal regulation. General scientific and special scientific methods including formal-legal and comparative-legal, as well as logical techniques, have been chosen for the research; they allowed to reveal the essence of the legal regulation and its object, and eventually - to formulate the author 's definition of the object of procedural-legal regulation. A review of scientific publications shows that legal regulation generally implies a streamlining effect on social relations on the part of authorized entities. The essence of legal regulation lies in the legal impact on social relations with a view to their regularization, carried out by authorized entities through legal activities. The object of legal regulation is a set of social relations subject to legal regulation, which is the starting point for understanding the concept of the object of procedural and legal regulation. In turn, social relations, as a stable connection of interacting subjects, meet such criteria as social importance, conscious will, typology, frequency, formal equality of subjects of legal life and others. As a result of the research, it was concluded that the object of procedural and legal regulation should be understood as a scope of certain social relations regulated by the rules of procedural law and procedural activities of specially authorized entities.

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