METHODOLOGICAL PARADIGM OF MODERN LEGAL SCIENCE IN UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 12-20
Author(s):  
Vladimir Yashchenko ◽  
◽  
Olha Balynska ◽  
Keyword(s):  
Law Enforcement ◽  
General Theory ◽  
Social Relations ◽  
Positive Law ◽  
Legal Science ◽  
The Will ◽  
Definition Of ◽  
The Individual ◽  
The Relationship ◽  
Interacting Components

The leading idea of the article is the application of the most appropriate methodology for disclosing the essence and content of law, its origin, evolution, contradictions and their coordination in the context of the relationship between natural and positive law, social and individual paradigms, in particular, in the context of nationalizing the individual, and, on the contrary, individualizing the collective in a wide humanistic plane. This aspect synthesizes approaches to the disclosure of individual and collective through the categories of �self�, where dialectical, phenomenological, existential and other approaches are qualified as communicative and dialogic paradigm, which today finds its practical embodiment in lawmaking and law enforcement. Feeling the controversy of these views, the authors emphasize the deepening of the humanistic content of the legal regulator of social relations. Domestic modern legal science in its development should focus on deepening the humanistic content of the normative regulation of social relations. This actualizes the need to solve such scientific problems as the methodology of research and functioning of law, achieving a harmonious relationship between individual and collective in law, the connection of its natural and positive aspects, etc. A fundamentally new definition of the essence of law is proposed, not as the will of a certain class or majority, but as the will to self-existence, which is expressed in the phenomenon of self as a harmonious synthesis of individual and social. In this context, to investigate the legal phenomena dialectics can be effectively used not as a materialistic or idealistic methodology, but as the most general theory and way of ascending to the truth. After all, opposites in law are not necessarily antipodes, but can act as interacting components of legal reality

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.

scholarly journals Schopenhauer’s theory of ideas

2021 ◽  
Vol 14 (2) ◽  
pp. 95-110
Author(s):  
Natalia Yu. Chepeleva ◽  
Keyword(s):  
Philosophy Of Art ◽  
Theory Of Ideas ◽  
Thing In Itself ◽  
The Status ◽  
The Will ◽  
Definition Of ◽  
The Individual ◽  
The Relationship

The article is devoted to the Arthur Schopenhauer’s contradictory doctrines of ideas. The analysis is accompanied by a discussion of historical and philosophical mysteries di­rectly related to Schopenhauer’s doctrines of ideas. His theory of ideas is explored in its ontological and aesthetic aspects as well as in its relation to Schopenhauer’s ethics. In the article, Schopenhauer’s definition of idea is analyzed in comparison with that of Plato and Kant. Despite the fact that Schopenhauer himself claimed that he understood the notion of idea in its true, Platonic sense, the article claims that he largely departed from Plato. Since the idea is enriched by the properties of thing-in-itself, it remains a rep­resentation accessible to cognition and becomes an intermediate link between the will and the individual. The article discusses the place of ideas in Schopenhauer’s ontology. The article distinguishes and characterizes the stages of objectification of the will, which Schopenhauer calls ideas. The ambivalent status of the idea gives rise to many other his­torical and philosophical problems. One of them is the determination of the status of a comprehensible (intelligible) character, which Schopenhauer declares to be another di­rect objectification of the will, besides ideas. Further, the article investigates the process of cognizing an idea. The author discusses Schopenhauer’s aesthetic teaching in connec­tion to the fact that Schopenhauer declares that cognition of the world of ideas is the goal of art. The article examines Schopenhauer’s classification of arts and separately prob­lematizes the status of music. The relationship between the philosophy of art and Schopenhauer’s ethical doctrines, in which he offers two ways to salvation, is discussed. The concepts of asceticism and genius are compared. The article suggests that Schopen­hauer's ethical doctrine can be presented as a complement to his doctrine of ideas. The fi­nal part of the article briefly formulates the main problems of Schopenhauer’s theory of ideas and discusses their possible solutions.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals The Category of Legal Reality in Modern Legal Science in Russia

2021 ◽  
pp. 007-015
Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Phenomena ◽  
Methodological Basis ◽  
Legal Science ◽  
Multi Stage ◽  
Science In Russia ◽  
Legal Space ◽  
Russian Law ◽  
The Individual

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

scholarly journals Deliberate Practice and Expertise in Martial Arts: The Role of Context in Motor Recall

1998 ◽  
Vol 20 (3) ◽  
pp. 260-279 ◽  
Author(s):  
Thana Hodge ◽  
Janice M. Deakin
Keyword(s):  
General Theory ◽  
Martial Arts ◽  
Recall Performance ◽  
Deliberate Practice ◽  
Expert Performance ◽  
Novice Group ◽  
Definition Of ◽  
The Relationship

This study used participants from the martial arts (karate) to examine the influence of context in the acquisition of novel motor sequences and the applicability of Ericsson, Krampe, and Tesch-Romer's (1993) theory of deliberate practice in this athletic domain. The presence of context did not benefit recall performance for the experts. The performance of the novice group was hindered by the presence of context. Evaluation of the role of deliberate practice in expert performance was assessed through retrospective questionnaires. The findings related to the relationship between relevance and effort, and relevance and enjoyment diverged from Ericsson et al.'s (1993) definition of deliberate practice, suggesting that adaptations should be made if it is to be considered general theory of expertise.

scholarly journals Risk ratios for contagious outcomes

2018 ◽  
Vol 15 (138) ◽  
pp. 20170696 ◽  
Author(s):  
Olga Morozova ◽  
Ted Cohen ◽  
Forrest W. Crawford
Keyword(s):  
Small Groups ◽  
Risk Ratio ◽  
Disease Transmission ◽  
Infectious Disease Transmission ◽  
Individual Level ◽  
Susceptibility To Infection ◽  
Definition Of ◽  
The Individual ◽  
The Relationship ◽  
Risk Ratios

Epidemiologists commonly use the risk ratio to summarize the relationship between a binary covariate and outcome, even when outcomes may be dependent. Investigations of transmissible diseases in clusters—households, villages or small groups—often report risk ratios. Epidemiologists have warned that risk ratios may be misleading when outcomes are contagious, but the nature of this error is poorly understood. In this study, we assess the meaning of the risk ratio when outcomes are contagious. We provide a mathematical definition of infectious disease transmission within clusters, based on the canonical stochastic susceptible–infective model. From this characterization, we define the individual-level ratio of instantaneous infection risks as the inferential target, and evaluate the properties of the risk ratio as an approximation of this quantity. We exhibit analytically and by simulation the circumstances under which the risk ratio implies an effect whose direction is opposite that of the true effect of the covariate. In particular, the risk ratio can be greater than one even when the covariate reduces both individual-level susceptibility to infection, and transmissibility once infected. We explain these findings in the epidemiologic language of confounding and Simpson's paradox, underscoring the pitfalls of failing to account for transmission when outcomes are contagious.

KM Technologies and the Organizational LOE

2008 ◽  
pp. 104-118
Author(s):  
Victoria M. Grady ◽  
James D. Grady III
Keyword(s):  
General Theory ◽  
Organizational Behavior ◽  
Geographic Distance ◽  
Organizational Level ◽  
Technology Change ◽  
Loss Of Stability ◽  
Global Organizations ◽  
Potential Benefits ◽  
The Individual ◽  
The Relationship

The potential benefits of utilizing KM technologies in multinational and global organizations are of particular significance due to the inherent geographic distance and diversity of such organizations. Unfortunately, the process of constantly changing technology can be extremely disruptive at both the individual and organizational level. This chapter explores the relationship between KM technology change within the organization and the theory of an organizational loss of effectiveness (LOE). “The general Theory of Organizational Loss of Effectiveness is predicated upon organizational behavior resulting from a loss of stability, e.g. technology change, within an organization.” (Grady, 2005) The loss of stability, in the context of this theory, occurs when a defined set of symptoms develop in individuals and groups undergoing a change in technology. The assertion is that the development of these symptoms is predictable, and when viewed collectively, results in an organizational loss of effectiveness.

scholarly journals The Relationship Between Biomechanical Indicators of the Snatch Technique and Female Weightlifters' Levels

2015 ◽  
Vol 21 (4) ◽  
pp. 218-222 ◽  
Author(s):  
Paulina Szyszka ◽  
Andrzej Mastalerz
Keyword(s):  
Horizontal Displacement ◽  
Biomechanical Analysis ◽  
Maximum Speed ◽  
World Championship ◽  
Margin Of Error ◽  
The World ◽  
The Difference ◽  
Definition Of ◽  
The Individual ◽  
The Relationship

Abstract Introduction. The snatch technique is a discipline in Olympic weightlifting. The lifter has to raise the barbell from the platform directly above their head in one movement. While reviewing the literature on biomechanical analysis of the techniques of weightlifting, one can find positions on the analysis of parameters, such as barbell track, horizontal displacement, and angular positions of the joints in the individual phases of the lifter's movement. Many texts concern female and male lifters taking part in World or European Championships. The parameters of the best competitors are outlined - mostly those who finish in the top five places in competition. Mostly these are parameters regarding male lifters, and less frequently those of female lifters. In the literature review, an overlooked aspect is that of the definition of the diversity of indicators as regards the snatch technique practiced by female lifters depending on score. Material and methods. In the research, registered snatch attempts during the World Championship were used. Videos were used by judges to establish a maximum weight limit for female lifters. The attempts were registered by two cameras and were later digitally processed by the APAS 2000 system. Barbell parameters, maximum speed, average of the bar, and the parameters of the lifter-bar collocation (horizontal displacement of barbell weights and height elevation) were assessed. Results. The analysed attempts show the margin of error for measurement of the average speed of the barbell as 0.03 m/s. The difference in maximum speed of analysed attempts is 15%. The height of clearance of the first-placed female lifter's barbell was 12.7 cm, 30 cm for the last-placed. Conclusions. The sporting level of weightlifting by female lifters influences the analysed biomechanical indicators of the snatch. Those indicators, which are similar in the case of both the World Championship winner and the female lifter who came last, may be described as the average speeds of the barbell. The high sporting level of female lifters performing heavy lifting is characterized by the clearance of the barbell.

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