ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals ПРАВОВОЕ РЕГУЛИРОВАНИЕ ГОСУДАРСТВЕННО-КОНФЕССИОНАЛЬНЫХ ОТНОШЕНИЙ ВО ВЬЕТНАМЕ С 1945 г. ПО 1975 г.

2020 ◽  
Vol 54 (1) ◽  
pp. 131-141
Author(s):  
Son Nam. Nguyen
Keyword(s):  
Social Life ◽  
Legal Regulation ◽  
The State ◽  
Historical Period ◽  
Historical Method ◽  
Legal Documents ◽  
Vietnamese History ◽  
Legal Provisions ◽  
Freedom Of Belief ◽  
The Right

В статье представлены важные данные в целях уточнения регулирования во Вьетнаме государственно-конфессиональных отношений в контексте создания новых государственных типов учреждений в истории Вьетнама. Чтобы прояснить эту правовую корректировку, автор поставил перед собой следующие три основные задачи: определить предпосылки для принятия законодательства о религии в течение указанного периода; проанализировать содержание законодательства о религии на протяжении всего этого исторического периода; выяснить значения этих правовых положений. Автор изучил все важные юридические документы, изданные государством по вопросам веры, вероисповедания и религии. Материалы исследования также основаны на работах западных и восточных авторов, пишущих о Вьетнаме в этот исторический период. Логические методы (анализ, синтез, абстракция) и исторический метод в юриспруденции являются основными методами, применяемыми автором в данном исследовании. Результаты исследования показали, что: (1) законодательство об отношениях между государством и религиозными организациями в период 1945–1975 гг. регулировалось во Вьетнаме ролью президента Хо Ши Мина в идее солидарности религии в блоке единства нации, практическим положением религии во Вьетнаме и правовой основой того времени; (2) содержание правового регулирования было упомянуто во Вьетнамских конституциях и Указе Президента № 234 от 14 июня 1955 г. о религиозных вопросах и соответствующих правовых документах с прогрессивными положениями о свободе вероисповедания и религии, правах и обязанностях государства и религиозных организаций в определённых областях общественной жизни; (3) значение законодательства в данный период проявляется в создании механизмов для защиты права на свободу убеждений и религии, в создании модели светского государства, в пропаганде цивилизованного поведения в отношении религиозных вопросов и во вьетнамском законодательстве, направленном на модернизацию. Изучение государственно-конфессиональных отношений важно в процессе выработки политики в отношении религии в современный период, а также способствует прояснению процесса правового регулирования этих отношений в истории вьетнамского законодательства. The paper presents important data to clarify the regulation of state-confessional relations in the context of the new state-type establishment in Vietnamese history. In order to elucidate this legal adjustment, the author has set out the following three basic tasks: identifying prerequisites for the enactment of the legislation on religion during this period; analyzing the content of the legislation on religion throughout this historical period; drawing out the values of these legal provisions. The author has studied all the significant legal documents issued by the state on the matters of belief, worship, and religion. Research materials are also based on the works of Western and Eastern authors writing about Vietnam in this historical period. Logical methods (analysis, synthesis, abstraction) and historical method in jurisprudence are the main methods used by the author in this study. The research results have illustrated that: (1) the legislation on relations between the state and religious or-ganizations in the period of 1945–1975 was governed by the role of President Ho Chi Minh in the idea of solidarity religions in the unity bloc of the nation, the practical situation of religion in Vietnam and the legal basis at that time; (2) the content of the legal adjustment was mentioned in the Vietnamese constitutions and the Presidential Decree No. 234 on 14 June 1955 on religious issues and relevant legal documents with progressive provisions on the freedom of belief and religion, the rights and responsibilities of the state and religious organizations on specific areas of social life; (3) the value of the law in this period is evident in the establish-ment of mechanisms to protect the right to freedom of belief and religion, to build a secular state model, to promote civilized behaviors in respect of religious matters and to bring Vietnamese law in the direction of modernization. The study of state-confessional relations is important in the process of developing a policy regarding religion in the modern period, and also helps to clarify the process of legal regulation of these relations in the history of Vietnamese legislation.Nguyen Son Nam.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

Teaching the Future of Technology in the History Classroom: A Case Study

2018 ◽  
Vol 10 (4) ◽  
pp. 253-262 ◽  
Author(s):  
David J. Staley
Keyword(s):  
Incomplete Information ◽  
The State ◽  
Historical Inquiry ◽  
Social Scientists ◽  
Traditional Methods ◽  
Research Seminar ◽  
Historical Method ◽  
The Future ◽  
The Right

This article will describe how historians can teach the future of technology. Historians need not alter their traditional methods of historical inquiry to teach the future, and indeed the history classroom is a natural site for foresight education. Historical inquiry begins with questions, and futuring similarly begins with asking the right questions. The historian seeks out evidence, and futurists as well identify drivers and blockers, considering how these drivers and blockers will interact with each other. In contrast to social scientists, historians work with imperfect or incomplete information, an apt description of the state of our evidence about the future. In a manner similar to historians, futurists interpret and draw inferences from evidence. After the research an analysis of the evidence is complete, the historian/futurist writes representations. This article will describe how I employed the historical method to teach the future of technology in a history research seminar, the results produced by the students, and ways that the study of the future can be situated in the history classroom.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals GEOCULTURAL APPROACH OF THE WORLDOUTLOOK RESEARCH PROGRAM: ON THE PROBLEM OF INTERACTION OF LIBERAL AND TRADITIONAL STANDARDS

2020 ◽  
Vol 15 (1) ◽  
pp. 94-124
Author(s):  
Sergey A. Kalinin
Keyword(s):  
Human Rights ◽  
Research Program ◽  
System Analysis ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
Russian Orthodox ◽  
Orthodox Church ◽  
Present Stage ◽  
Russian Orthodox Church

The reсonsidering of the methodological foundations of modern theoretical jurisprudence includes both the search for new approaches and the identification of the limits and conditions for their adequacy. At the same time, the needs for studying the interaction of the value-worldoutlook nature and the spatial conditionality of the state and law, considered in the logic of an open system, correspond with the geocultural approach. This approach is based on the multi-valued category “geoculture”, that allows one to comprehend the cultural codes and meanings of the transformation of reality and space (world projects), including those that exist as ideas about ideal forms of public power and social regulation. The geocultural approach may be part of such methodological phenomena as the worldoutlook research program, world-system analysis and geomeasurement. At the present stage, the geocultural approach of the worldoutlook research program is most suitable for analyzing the conflict of geocultures, allowing to take into account the replacement of geocultural standards, the crisis of the modern capita list world economy, legitimized by liberal geoculture, and the search for new mo dels of world order, carried out in the framework of the conflict of liberal and traditional values. The importance of understanding this conflict is due to the critical attitude of liberalism towards traditional statehood, its fulfillment of the role of an instrument of “controlled chaos” and an instrument of dominance of the West. The reсonsidering of liberal geoculture is permissible on the basis of the doctrines of traditional religious faiths, among which the Russian Orthodox Church is dominant in the post-Soviet space. Liberal geoculture is a multidimensional phenomenon, which at the same time puts forward the idea of protecting human rights and freedoms, and is an instrument for implementation of an elitist policy, characterized by excessive criticality in relation to the state and government, as well as any categories reflecting collective soli darity. Moreover, human rights, which are an integral part of liberal geoculture, initially stem from the Christian idea of a man as an ontologically free human being, the image and likeness of God, whose status metaphysically extends to anyone, but only his own. Substantially there are three interdependent problems in the phenomenon of human rights, the answer to which predetermines the practice of legal regulation: who is a person (in a particular geoculture), who is recognized as the ontological subject of human rights violations, who is recognized as the relevant subject of human rights protection. The complexity of the attitude of traditional Christianity to human rights, including denial (due to historical reasons for using human rights to marginalize Christianity), understanding, and recognition, is confirmed by the historical practice of the Russian Orthodox Church, which positively interprets this phenomenon in its conceptual documents at the present stage. The foregoing makes it expedient to use the canonical positions and official documents of traditional religious faiths in lawmaking and lawenforcement practice, which are the Russian Orthodox and Roman Catholic Churches for Belarus.

scholarly journals Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 14-18
Author(s):  
V.F. Obolentsev
Keyword(s):  
Rule Of Law ◽  
Systems Engineering ◽  
System Analysis ◽  
Civil Liberties ◽  
System Engineering ◽  
The State ◽  
State System ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
The Law

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

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