scholarly journals Communication system of the legal sphere: characteristic features and concept (in aspects of document science branch)

Author(s):  
Alla Hrebeniuk

The purpose of the article is devoted to the purpose of the definition of characteristics and conceptsof the communication system of the legal sphere (in aspects of branch document science). The methodologyconsists of the application of methods of analysis, synthesis, comparative method, with the help of whichscientific works related to the subject of scientific research are studied. Scientific novelty. The absence ofresults, the formation of which is devoted to the article, has been established. It was found that a number ofworks, which to some extent concern our scientific interests, do not solve the purpose of the search highlightedin the publication. The spectrum of characteristic features is singled out and the concept of the communicationsystem of the legal sphere is formulated for the first time. Conclusions. The following characteristics ofthe communication system of the legal sphere were identified: functioning in the process of subjects of lawinteraction; implementation through the exchange of legal information through oral and written forms ofspeech; the prevalence of the documentary aspect due to the documentary display and dissemination of legalinformation, as well as the use of functional styles, the combination of which creates the phenomenon ofdocumentary linguistic expression of legal thought; acquisition of communicative qualities related to the fieldof jurisprudence. A definition for the communication system of the legal sphere has been formulated. It is aform of organization of legal entities that interact by exchanging legal information through scientific, officialbusiness, journalistic, epistolary functional-stylistic mechanisms and communicative qualities of correctness,clarity, accuracy, brevity, expediency, logic, purity, conciseness, in which the documentary aspect plays adecisive role.Keywords: communication system, legal sphere, a connection of document science with legal sphere,methods of legal information transfer, communicative qualities of jurisprudence language, functional andstylistic mechanisms of a communication system of the legal sphere.

2021 ◽  
Vol 39 (3) ◽  
pp. 118-122
Author(s):  
M. A. Magomedova ◽  

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.


Author(s):  
Olena PODOLIANCHUK

The article analyzes the revenues of the consolidated budget of Ukraine and determines that budget revenues are growing, mainly due to taxes and fees. The normative definition of the terms «tax» and «collection» is revealed and the main characteristic features are outlined. A critical assessment of the essence of the characterized definitions was made and the inconsistency of the terminological apparatus was determined. It was found that the definitions take into account the principle of mandatory payment of tax or fee paid by a particular payer to a specific account of the allocation budget. The main criteria for distinguishing between direct and indirect taxes are highlighted: method of translation: direct – one participant in the calculation and payment, indirect – several participants; object of taxation: direct – from income, profit, property and resources, indirect – from the value of consumption or use of goods; subject of payment: direct is paid by the taxpayer – the manufacturer or seller, the owner of the goods, indirect – by the subject of the tax burden (the buyer who incurs costs). Taking into account the research of scientists and their own opinion, it is proposed to substantiate at the legislative level the terminology of definitions of direct and indirect taxes, as well as to outline a clear classification list. It is proved that accounting influences management decisions, as the received accounting information certifies the data on the activity of the enterprise and gives the chance to carry out further planning and control. It is determined that the purpose of accounting in taxation is to form a reliable and legally justified size of the tax base and determine the amounts of tax liabilities from taxes and fees for generalization in tax reporting for individual taxes. The accounting process of calculations for taxes and fees of business entities is outlined. It is proposed to separate the objects of taxation in the accounting policy of enterprises.


Author(s):  
N. Sergiienko

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).


1957 ◽  
Vol 77 (1) ◽  
pp. 54-61 ◽  
Author(s):  
Werner Jaeger

Philosophy, in general, moves in a sphere of abstraction, and its statements claim to be necessary and of universal validity. The reader therefore expects them to appeal directly to his reason, and he does not normally reflect much on the time and historical conditions that determined what the philosopher took for granted. It is only in this age of historical consciousness that we have come to appreciate these factors more readily, and the great thinkers of the past appear to us more or less closely related to the culture of their age. The writings of Plato and Aristotle in particular are for us an inexhaustible source of information about Greek society and civilisation. This is true also in regard to the relation of Greek philosophy to the science of its time, and this is of special importance for our understanding. That relation can be traced throughout Aristotle's logical, physical, and metaphysical works; but the influence of other sciences and arts is no less evident in his ethics. In this paper I propose to examine the numerous references to medicine that occur in the Nicomachean Ethics. They are mostly concerned with the question of the best method of treating this subject. The problem of the right method is always of the utmost importance for Aristotle. The discussion of it begins on the first page of the Ethics, where he tries to give a definition of the subject of this course of lectures and attributes it to a philosophical discipline that he calls ‘politics’. He does so in agreement with the Platonic tradition. We can trace it back to one of the dialogues of Plato's first period, the Gorgias, in which the Platonic Socrates for the first time pronounces his postulate of a new kind of philosophy, the object of which ought to be the care of the human soul (φυχῆς θεραπεία). He assigns this supreme task to ‘political art’, even though it does not fulfil this function at present.


2021 ◽  
pp. 164-177
Author(s):  
A. M. Podoksenov ◽  
V. A. Telkova

The relevance of the study is due to the fact that the subject of the article is the question of the influence of L. D. Trotsky [Bronstein], who was one of the key leaders of Bolshevism, who headed the October Revolution, on the worldview and creativity of M. M. Prishvin, which has not yet been considered in the European studies. It is shown that in Russian art it is difficult to find an artist of the word, whose work would be to the same extent conditioned by the influence of the ideological and political context. The novelty of the study lies in the fact that for the first time an attempt was made to show how, through individual characters in his works, Prishvin in an artistic and figurative form reflected the characteristic features of behavior, everyday habits, the style of thinking and speech of Trotsky. Particular attention is paid to the analysis of previously unpublished due to censorship restrictions of the writer’s works: the story “The World Cup”, journalism of the revolutionary years and the 18-volume Diary, which became available to the reader only in the post-Soviet period. It is shown that, depicting Trotsky as a “pharmacist” who, according to his recipes, is trying to create the future of a huge country, Prishvin seeks not only to artistically reflect his moral appearance and personality traits, but also to convey the features of the ideological and political struggle in Soviet society.


Author(s):  
Olena Chumachenko

The purpose of the article consists of exploring the category of décor as a form of social belonging in ancient Rome. The methodology consists in the application of analytical method – to determine the theoretical and methodological foundations of the study of the décor in the works of Roman architects and philosophers: Vitruvius, Cicero, Seneca, Epicurus; formalization method – to clarify the concept of "décor" within the subject field of art history; the hermeneutic method – for interpreting the semantic load of the notion "décor" in the context of the culture of Ancient Rome; method of comparative studies – for analyzing approaches to understanding the category of décor as a form of social belonging in Ancient Rome. The scientific novelty of the work is that for the first time the essence of the décor as a form of social belonging in Ancient Rome. Conclusions. In Ancient Rome, the phenomenon of "Entertainment" was an important component of the socio-cultural life of this period, there was not a single sphere where this phenomenon did not act as the main decoration, the triumphs of emperors, the luxurious life of the patricians, all this was expressed in one definition of Juvenal – "Bread and circuses", Which became a defining marker in the culture and art of Ancient Rome. Décor, as an integral part of this phenomenon, becomes a form of social belonging, reflecting the characteristics of the corresponding lifestyle. The transformation of the concepts "décor" and "ornare" is considered, the first - in the ideological aspect of respect for the imperial power, the second - in the traditional decoration of Roman armor for legionnaires, as a means of emphasizing their belonging to the military. The most striking example of décor was the Arc de Triomphe, built in honor of the emperors (the Arc de Triomphe of Titus, Trajan, Constantine, etc.). On the example of the works of Vitruvius, Cicero, Seneca, the meaning of the category "décor" was considered as "Decor ornamentorum", the correspondence of details in relation to the whole, individual, special beauty that organically combines the combination of individual parts of an object into a single whole, situation or setting. Defined "décor" as a form of social belonging in the context of the transformation of the four Pompeian styles based on the decoration of insula and domus for different segments of the population (Domus aurea, "Villa of the Mysteries" in Pompeii, the house of Marcus Lucretius Frontinus in Pompeii, the villa in Oplontisi, the house of Menander in Pompeii, "House with Red Walls", "House of the Century" and "House of Julius Polybius"). Keywords: décor, interpretation, a culture of Ancient Rome, Vitruvius, Entertainment, Seneca, mosaic.


2020 ◽  
Vol 23 (5) ◽  
pp. 77-86
Author(s):  
Michail Murashkin

The aim of the study is to clarify and shed light on the phenomenon of OTHER postmodernism, the importance and significance of its characteristics as another within man himself, which regulates and purifies what is in human nature, which is reflected in religious and mystical culture and art. Also on the materials of psychology, as a parallel with OTHER postmodern, the phenomenon of compensatory enlightenment, the importance and significance of its characteristics as the spontaneous loss of insignificant, unimportant, shallow thoughts and vanity that exists in human nature. The importance and significance of compensatory enlightenment is demonstrated by the example of the connection with the transcendence of philosophical culture, as well as religious-mystical and aesthetic-artistic cultures. When we speak of the transcendence of philosophical culture, we mean the consideration by this culture of those states of man which cannot be reliably conveyed in words, but which are nevertheless presented in documentary as higher states of consciousness. The methodology of obtaining new knowledge is based on a comparative method of research, collecting the characteristics of another postmodern and inductive reasoning in this regard. Documentary texts are compared, generalizations of these texts are found. At the same time, different human states are compared on the examples of religious and mystical culture. The scientific novelty lies in the fact that for the first time such a phenomenon of human nature as the recognition of one’s own other within oneself is considered, which can be recorded in such categories as "compensatory enlightenment", "transcendent", "numinous". , "Sacred". The subject of research is considered in connection with the transcendence of philosophical culture, with such areas of culture as religious-mystical and aesthetic-artistic. Conclusions. It has been found that the other post-modern, as the inner recognition of one’s own other within oneself, can be understood as a compensatory enlightenment, which is a non-negative phenomenon of human nature. Another postmodern is related to the creative process at the stage of "maturation", in which a person destroys his outdated personality. This is highlighted in the demonstration of the transcendence of philosophy, as well as religious and mystical culture.


2017 ◽  
Vol 17 ◽  
pp. 391-400
Author(s):  
V T. Chuprun

The presence of the set of unresolved scientific and practical problems in the new field offorensic expertise "Military Research" is determined, and, first of all, it’s a deficit of scientific and methodical provision. The purpose of the paper is to define the comprehensive nature of forensic research in the military sphere. The experience of modern wars and armed conflicts shows that the battle of combined-arms formations acquires the features of land-and-air combat. It’s noted that in today’s combined arms battles and operations, it’s possible to solve successfully the tasks posed only in a complex manner. An analysis of the expert practice of the Kharkiv RIFE shows that during the last period the amount of the forensic military expertise has significantly increased. When conducting investigative activities in this category of criminal proceedings, a number of different issues arise, resolution of which requires special knowledge in various fields of science. In the Kharkiv RIFE there was initiated the performance of research work on the topic "The technique of forensic expert study of the work of commanders (staffs) and military formations in the preparation and realization of combat (service-combat) tasks". The novelty of the work lies in the fact that for the first time an algorithm is developed for determining, from a military point ofview, the compliance ofactions of responsible persons with the established requirements. An opinion was expressed that the subject of any research, including expert, is its immediate performer. In the latter case, it’s only a forensic expert or a person who is procedurally involved in the performance of the examination. The definition of the subject of a forensic military expertise is given. Attention is drawn to the need of availability for the forensic experts and specialists who participate in carrying out forensic military examinations, of the admittance to the information with limited access.


10.23856/4621 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 160-168
Author(s):  
Dmytro Kots ◽  
Maksym Kudrytskyi ◽  
Valentyna Dolia

The article analyzes the problematic issues of determining the content of the concept of protection of restricted information, in particular, the authors analyze the existing terminology used by the legislation of Ukraine on the protection of restricted information. The authors of the article, based on existing legislation regulating such information storage measures as information protection, technical protection of information, cryptographic protection of information, cyber protection, using the deductive method of research derived the definition of “protection of restricted information”. In addition, using various scientific research methods, the authors of the article highlight the issues of legal uncertainty and contradictions in the concepts of some types of restricted information protection, which are found in the guidance documents on the subject of research. Also, in the article: the properties of information are derived and the types of operations with information are determined. This took into account the understanding of the concept of “restricted information”, which was defined by one of the authors in his previous work; the idea of the content of protection of restricted information is summarized, and also each of properties of the information which make the content of its protection is investigated.


2019 ◽  
Vol 15 (3) ◽  
pp. 23-31
Author(s):  
Lyudmila N. Berg

Introduction. The modern legal system is unthinkable without the creation, transmission, exchange, movement of legal information. Indeed, the full cycle of legal development (from legal thinking to law enforcement) implies the perception, creation, change, transfer of legal information. Through legal influence a permanent and multidirectional movement of legal information is carried out, as well as its reflection in the legal consciousness of the subject and subsequent incarnation in behavior. The significance and role of legal influence is clearly manifested precisely in the fact that legal information, for example, contained in the text of the legal norm, being brought to the consciousness of a person, becomes an effective force directing and regulating the behavior of the subject.Materials and methods. Universal (philosophical), general scientific, private scientific (private law) methods of cognition were used in the research process, including dialectical, logical and formal-legal methods. The specificity of the subject of the study led to the use of information and systems approach.Results. The author formulates the definition of legal information as a set of information and other data that are presented in legal acts, regulatory and technical, reference and scientific materials, as well as legal information created and transmitted by subjects in the course of their interaction, which results in the streamlining of social relations of subjects. It is noted that legal information may be formal and informal.Discussion and conclusion. The author comes to the conclusion that the synergy of legal influence is the effect of increasing efficiency through the use of interconnection and mutual reinforcement of the «work» of different elements and components of legal influence based on the movement of legal information.


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