GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW

2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova
Keyword(s):  
Goal Setting ◽  
Social Relations ◽  
Civil Law ◽  
Scientific Research ◽  
Scientific Work ◽  
Point Of View ◽  
Existing Problems ◽  
The Creation ◽  
Scientific Results ◽  
Definition Of

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.

The Limit Situation And The Narrative Of War (On The Material Of The Novel “My Lieutenant” By Daniil Granin)

2020 ◽  
Vol 6 (1) ◽  
pp. 90-104
Author(s):  
Anatoly S. Kuprin ◽  
Galina I. Danilina
Keyword(s):  
20Th Century ◽  
Scientific Work ◽  
Point Of View ◽  
Continuous Limit ◽  
The Novel ◽  
Term Limit ◽  
Abstract Author ◽  
The Third ◽  
Definition Of

The purpose of this study is the analysis of limit situation in the narrative of war. The material of the study is the novel of Daniil Granin “My Lieutenant” and related texts. In the first part of the paper, the authors explore existing approaches to the term “limit situation” and similar concepts into scientific and philosophical traditions; limits of its applicability in literary studies and its relation to the categories of “narrative instances” and “event”. Proposed a literary-theoretical definition of the limit situation, which can be used in the analysis of fiction texts. Existing approaches to the examination of the situation of war are analyzed: philosophical-existential, psychoanalytic, sociological, literary. In the second part of the paper, the authors propose their method for analyzing limit situations in texts about war, which basis on existing approaches and preserves the text-centric principle of studying the structure of the story. Two interrelated areas of research have been identified: the study of war as a continuous limit situation in the intertextual aspect (the discourse of war); the study of limit situations (death, suffering, guilt, accident) in the narrative of war as part of a specific text. In the third part of the scientific work,the analysis of war as a continuous limit situation results in the study of the concept of “limit” (border) in a fiction text. The role of “limit” (border) concept in the texts about the war is studied, the possible types of limits in the discourse of war are examined. Limit situations in the narrative of war are analyzed on the basis of the novel “My Lieutenant” by Daniil Granin. A review of journalistic and scientific works about the novel revealed both the continuity and the differences between the novel and the “lieutenant” prose of the 20th century. An analysis of the limit situations in the novel revealed their key position in the narrative. These situations are independent of the fiction time, of the fluctuation of the point of view’; the function of the abstract author is to build the narrative as a “directive” immersion of the hero and narrator in these situations.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

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).

scholarly journals Theoretical fundamentals of development of the innovation theory

2021 ◽  
Vol 2 (98) ◽  
pp. 232-244
Author(s):  
O. S. Tushkevych ◽  
Keyword(s):  
New Technologies ◽  
Innovation Process ◽  
Point Of View ◽  
Innovative Development ◽  
Innovation Theory ◽  
New Paradigm ◽  
Effective System ◽  
The Creation ◽  
Definition Of ◽  
Almost All

Theoretical aspects of innovation theory and its categorical apparatus are considered in the article. Development of ideas about the place and importance of innovation in the spread of innovative theories and approaches to the categories of "innovation" and "innovative development" are analyzed. Own reasoning is presented and own definition of investigated terms that based on the analysis is given. Knowing of theoretical essentials of innovations will enable to create an effective system of management of innovation processes at the enterprise. From this point of view it is expedient to consider the definitions of innovations and their classification. In given article, an author reveals the notions of innovation and innovation process that exist in economic literature by now, considers existing classifications of innovations. An author also gives his own classification of innovations, reveals his understanding of notion of innovation. Currently, the term "innovation" is found everywhere. It has become especially widespread in the sphere of production, although it is not limited to it and applies to almost all areas of human activity. The world and domestic economy form a new paradigm of development, which is based on the growing relationship between socio-economic development of society and new technologies, the global nature of the creation and use of research and development. The creation and implementation of innovations becomes the main internal factor and the key to uture economic growth. As world experience shows, the successful use of scientific and technological progress can significantly affect the course of economic processes and significantly accelerate them. The term "innovative development" consists of two categories – "innovation" and "development". As they are widely used in almost all fields of knowledge and areas of activity, they do not have an unambiguous definition and are the subject of research by domestic and foreign scientists of various profiles.

scholarly journals Theoretical aspect of unification of legislation.

2020 ◽  
Vol 11 (11) ◽  
pp. 107-110
Author(s):  
Kleshchenko N.O.
Keyword(s):  
Social Relations ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
Point Of View ◽  
Legislative Process ◽  
Legal Systems ◽  
Legal Space ◽  
Definition Of ◽  
Domestic Law

The article examines the theoretical aspect of unification and its impact on the effectiveness of legislation. It is noted that regardless of the place of creation, the legislative process has always been and remains a difficult task, the solution of which requires a comprehensive approach. Unification is studied from a philological and legal point of view. It is emphasized that unification has been actively studied with the development of international organizations, and is an effective way to regulate legislation and integration into the international legal space, as expressed in the joint cooperation of different countries through the adoption of similar legal acts. It is now widespread in the legal systems of countries such as Denmark, Sweden, Finland, where maritime, trade, contractual, binding legislation, etc. are unified. Unification directly affects the quality of legislation, as well as contributes to the convergence of legal systems. In general, it can be described as a way of converging legal systems by forming a uniform legal regulation within the relevant legal space. The points of view of legal scholars on the definition of the concept of unification of legislation are considered. Unification is characterized as a process of streamlining legislation in order to uniformly regulate social relations in different legal systems. Emphasis is placed on the mandatory implementation of unified norms in the domestic law of the state. Key words: unification of legislation, legal regulation, implementation, system of legislation.

scholarly journals Problems of Legal Regulation of Academic Integrity Compliance in Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 97-107
Author(s):  
O. V. Bernatskyi
Keyword(s):  
Academic Integrity ◽  
Scientific Work ◽  
Legal Regulation ◽  
Point Of View ◽  
Educational Institutions ◽  
Regulatory Requirements ◽  
Existing Problems ◽  
Current State ◽  
Scientific Papers ◽  
The Law

The current state of legal regulation of academic integrity in Ukraine has been analyzed. It has been found out that the standards of academic integrity are still poorly studied in the scientific field in Ukraine. However, some aspects of the legal regulation of academic integrity have already been considered in the works of national scholars. However, given the relative novelty of the term of “academic charity” in the current legislation, a number of issues of legal regulation of academic integrity in Ukraine remain relevant and unresolved. It has been noted that the regulatory requirements for the standards of academic integrity were first enshrined only in 2017in the Art. 42 of the Law of Ukraine “On Education”. It became the legal basis for the protection of the author’s scientific work from its appropriation or unjustified publication by another person. Until now, the “standards” of academic integrity were not enshrined in law, although they were used to some extent in verifying the results of dissertation research. This aspect is still problematic from the point of view of legal regulation, and hence practical application. The following problems of the current state of legal regulation of academic integrity in Ukraine have been identified: diversity in the approaches of educational institutions to the criteria used in testing scientific papers for literary piracy; the existence of a legal conflict regarding the regulation of the issue of “self-plagiarism” between the provisions of the Law of Ukraine “On Education” and the Resolution of the Cabinet of Ministers of Ukraine No. 567 dated from July 24, 2013; the need to distinguish between additional and detailed liability for the violation of academic integrity; inconsistency of terminology in the current legislation, etc. Ways to solve existing problems have been suggested.

Theory of Mediation as a Branch of Knowledge

2019 ◽  
pp. 63-71
Author(s):  
Михаил Козюк ◽  
Mikhail Kozyuk
Keyword(s):  
Social Science ◽  
Social Relations ◽  
Point Of View ◽  
Mediation Theory ◽  
Close Interaction ◽  
Social Technologies ◽  
First Pass ◽  
Definition Of ◽  
Quality Of Research

Today, the national social science features fast-paced studies on the theory of mediation. However, the branch status of this area is still obscure, which affects the quality of research. The paper explores various approaches to the definition of this status with a critical eye. Particular attention is paid to the thesis on the interdisciplinarity of the mediation theory. The author shows the consequences of classifying the mediation theory as an interdisciplinary branch. It is also troublesome, from the author’s point of view, to refer mediation purely to law. Mediation refers to phenomena that originate from social technologies ordering social relations and removing social conflicts. Only sociology and history can become the foundation of a new scientific branch. However, the mediation theory must first pass the stage of disciplinary constitutionalization, since its close interaction with many modern branches of knowledge would mean dissolution in them.

scholarly journals PHILOSOPHY OF INTERDISCIPLINARITY

2021 ◽  
Vol 3 (5) ◽  
pp. 48-52
Author(s):  
Cecilia CURIS ◽  
Keyword(s):  
Applied Sciences ◽  
Scientific Research ◽  
Interdisciplinary Approach ◽  
Point Of View ◽  
Rational Approach ◽  
Human Being ◽  
Methodological Principles ◽  
Definition Of ◽  
The Individual ◽  
The Relationship

The interdisciplinary approach in science is becoming more widespread today. It is gratifying that in the age of applied sciences, in which technology prevails, philosophy as the core of the humanities is restored to its status. Starting from the definition of philosophy that includes notions such as knowledge, values, reason, existence, mind, language, it is not surprising the attitude of modern man in relation to the rational approach of including this fundamental discipline in scientific research in any field. This reconceptualization is absolutely necessary for the progress of humanity starting from the assumption that no field of scientific research can exist without a series of methodological principles. Consequently, we can consider philosophy, the theoretical foundation of any science and more than that, a science applied, per se with resonance in everyday existence. What can be more important for the human being than explaining the meaning of life, the relationship with peers and the psychological motivation of its existence in this world? Thus, philosophy can be the promoter of the active attitude of the individual in any social field. It is important to consider the model of the individual who from a moral point of view is interested, participatory, has a purpose and correctly defines his duties towards himself and society. These coordinates define the pattern of the human being capable of participating in the progress of humanity

scholarly journals UNDERSTANDING THE MEME TERM FROM A GENERAL AND ARCHITECTURAL POINT OF VIEW

space&FORM ◽  
2020 ◽  
Vol 2020 (44) ◽  
pp. 71-78
Author(s):  
Alina Holovatiuk ◽  
Keyword(s):  
Point Of View ◽  
The Internet ◽  
Genetic Environment ◽  
History Of ◽  
The Creation ◽  
Definition Of

This article deals with the notion of meme from the general, web and architectural point of view. The history of the creation and the process of further transformation of the term meme, which gradually penetrated from the initial genetic environment into the environment of media and technologies, is described. The disagreements are mentioned both in the interpretation of the concept of a meme and in the definition of a meme as a certain useful or harmful element of culture. By comparing the Internet meme and its main properties with the architectural meme, the characteristics of the last one are indicated.

scholarly journals Regional-industry analysis from the point of view of ideas of a joint economy (using the example of industry in the Northern regions of Russia)

2021 ◽  
Vol 24 (4-2021) ◽  
pp. 85-98
Author(s):  
Maksim M. Styrov ◽  
Keyword(s):  
Social Relations ◽  
Social Indicators ◽  
Value Added ◽  
Point Of View ◽  
Traditional Theory ◽  
Existing Problems ◽  
Moral Transformation ◽  
Northern Regions ◽  
The Individual ◽  
Regions Of Russia

The article analyses the industry in the northern regions of Russia from the point of view of assessing the practical results of the traditional theory of competition. The purpose of the study is to develop the theoretical and methodological foundations of the transformation of economics from the ideas of rivalry to unity and harmony in social relations. The relevance of the topic is determined by an active public discussion about the possibilities of Russia's transition from a market-capitalist to a social, human-oriented economy. It is shown that the main existing model is aimed either at the individual benefit of organizations, or at the attractiveness of industries for corporate or state interests, but not at the needs of the common person. The idea of the increasing attention to “people of labor” by bringing all the analyzed indicators to a single denominator — one employed — is defended. The following empirical research methods were used: observation, comparison and visualization. On the example of industry of the northern regions of Russia, ultra-hight intersectoral and interregional imbalances were revealed, arising, according to the author, due to the lopsided orientation of enterprises to maximize profits and the export and resource structure of the economy. The ratio of value added elements by region is demonstrated, the classification of territories is carried out depending on the combination of these components. The low-suitability of the classical understanding of competition to solve issues of capital overflow and equalization of profitability is indicated. The thesis is put forward about the possibility of overcoming the existing problems by the internal spiritual and moral transformation of managers and workers themselves, the transition from competition to cooperation. The prospects of the study are associated with the expansion of the toolkit due to social indicators, as well as in the study of the micro-level — municipalities, sub-sectors, and the primary reporting of organizations.

SCIENTIFIC WORK AND CREATIVE HERITAGE OF DOMESTIC SCIENTISTS IN THE ACADEMIC SERIES "BIOBIBLIOGRAPHY OF SCIENTISTS OF UKRAINE"

2020 ◽  
pp. 90-106
Author(s):  
Z.A. Bolkotun ◽  
◽  
V.M. Kanishcheva ◽  
◽  
◽  
...  
Keyword(s):  
Publishing House ◽  
Scientific Research ◽  
Scientific Work ◽  
Statistical Information ◽  
Source Analysis ◽  
Wide Audience ◽  
Scientific Heritage ◽  
Normative Documents ◽  
Current State ◽  
Definition Of

The editions prepared and published within the framework of the general academic project "Biobibliography of Scientists of Ukraine" are analyzed. The normative documents and statistical information on the publications made in the series since its inception in 1968 are collected, the gradual formation of modern serial design and definition of a clear structure that would allow to briefly summarize the scientific heritage and significance of the personality and work of the Academy members is examined. The use of methods of bibliographic and source analysis helped to identify certain stages in the existence of the series. The current state of this book project of the NAS of Ukraine is described. The features of the publications of biobibliographies in the Publishing House "Akademperiodyka" of the NAS of Ukraine, which acquaint a wide audience with the directions of scientific research of Ukrainian scientists, their personal achievements, are noted. Thanks to the optimized and updated existing database of publications, further digitization of bibliographic information is possible.

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