scholarly journals Some features of the private treaties of Old Rus of the princely era as sources of law

2020 ◽  
pp. 180-190
Author(s):  
Rominskyi Yevhen
Keyword(s):  
Public Law ◽  
The State ◽  
Point Of View ◽  
Primary Sources ◽  
State Court ◽  
The Social ◽  
Private And Public ◽  
Law And Legislation ◽  
Available Information

Introduction. The article gives an assessment, from the point of view of law, of the development of the Old Rus private legal acts as a source of law, the attention is drawn to the social and legal causes of its evolution. The aim of the article. The research proposes to apply the existing theoretical developments on the role of the treaty as a source of law in pre- and early-state societies to the information about the private legal acts of Old Rus of the princely era. It also covers the development of written private legal acts in the aforementioned days under the influence of ideas about law and legislation of the time. Methods and results. In the last hundred years, the national and Soviet legal sciences have paid particular attention to the problem of contractual relations in potestary societies. Concepts have been developed on the role of the treaty as a leading source of regulating the relations between particular strata (tribes, tribes, communities, social states, etc.) before the emergence and strengthening of the state. It is noted that the normativity of such treaties was provided by the very fact of their recognition by the state (court) as proper sources. In turn, in the conditions of weakness of legislative regulation, the treaties acted not so much as acts of enforcement, as they combined several features inherent in different types of acts: private and public-law, including rulemaking. Such features were especially inherent in the treaties of the medieval era. These theoretical provisions can be combined with the available information about the social system, law and acts of Old Rus of the princely era, that is, the period from the rise of the East Slavic proto-state formation of the Rurik princes and to the middle of the XIV century. when social processes in the Old Rus began to evolve dynamically under the influence of external and internal factors. The rapid progress of the study of ancient Russian heritage by special historical disciplines, such as archeology, sigillography, diplomacy, etc., contributes to such research. The emergence of new primary sources allows us to review the earlier ideas about the nature of an ancient private act and its significance in the coverage of the historical and legal reality of Old Rus of the princely era. Conclusions. Particular attention is paid to conciliation treaties (ryadnye gramoty) in comparison with other private legal acts. Of particular interest is the consolidation in their texts of public-law sanctions unknown to other sources. The assumption is made about the origin of such sanctions from a certain written legal text, which has led to the widespread geographical distribution of such rare documents. The characteristic of princely legislation is given, in particular the weight is given to its extreme personification, when the acts of one prince were not of fundamental importance to the new one. Attention is also paid to the problem of unreliable obedience and the ways to solve it.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals When is enough, enough? And what should the criminologist say?

Temida ◽  
2003 ◽  
Vol 6 (3) ◽  
pp. 3-12
Author(s):  
Nils Christie
Keyword(s):  
Cultural Context ◽  
Crime Control ◽  
The State ◽  
Point Of View ◽  
Penal System ◽  
State Control ◽  
The Social ◽  
The Usa ◽  
Critical Overview

In this paper, the author is trying to find the answers to questions when is enough, enough, and what is the role of the criminologists in the process of establishing the balance between the crime control carried out by the state and the civil society and its basic values. Each state can be evaluated by its penal system that reflects the crucial centers of the state control and power, conveying at the same time information about the way we are not supposed to go. Namely, the penalty, which means the infliction of pain against the accused, presents the negation of the basic ethical, moral human, civilized principles. In that way, the penalty becomes a dangerous for the society, as well as the serious obstacle for ideals of the social cohesion and assimilation. He is showing that on the examples of penal systems in several countries, such as Finland, Russia, Byelorussia and Norway, giving a critical overview of the penal system of the USA. The USA penal system is a good example of breaking off the links with the basic societal values, representing at the same time crime against people in the USA, as well as in other (European) countries due to the strong influence which the States have in this domain because of their economy power on the global plan. Bearing that in mind, the author is concluding that the criminologists should begin the analysis from another point of view: not from the offender and the criminal offence, but from the existing penal system in order to find out what kind of pain and what way of its causing would be acceptable in the certain historical, societal, and cultural context; in other words how big the penal system should be, without endangering the basic values at the same time.

scholarly journals The role and place of social partnership in increasing efficiency of the provision of social services by the State Autonomous Institutions of Moscow «Scientific and Practical Center for Rehabilitation»

2016 ◽  
Vol 19 (4) ◽  
pp. 203-208
Author(s):  
Bela A. Syrnikova ◽  
I. Z Kobzar ◽  
D. V Storozhenko ◽  
Kh. V Temirov ◽  
Zh. A Ashuev ◽  
...  
Keyword(s):  
Social Support ◽  
Social Welfare ◽  
Social Services ◽  
Significant Role ◽  
The State ◽  
Point Of View ◽  
Social Partnership ◽  
Social Welfare Services ◽  
The Social

In the article there are analyzed external links of the large multidisciplinary institution of the social support of the population «Scientific and Practical Center of Rehabilitation» from the point of view of the identification of relationships of social partnership in them. These relationships were shown to have diverse forms and are implemented in terms of the participation of representatives of various sectors in the activity of collective bodies of institution’s management. There is demonstrated the significant role of relationships of the social partnership in the determination kinds, volumes, quality and circumstances of the provision social welfare services to the population.

scholarly journals The Anti-Terrorist Function of the State and the Problem of “Preventive” Coordination

Legal Concept ◽  
2019 ◽  
pp. 50-55
Author(s):  
Denis Mits
Keyword(s):  
The State ◽  
Point Of View ◽  
Legal Analysis ◽  
Conceptual Approach ◽  
Counter Terrorism ◽  
Self Defense ◽  
Legal Arguments ◽  
Law And Legislation ◽  
System 1

Introduction: the new legal institutions and technologies in the field of counter-terrorism are a matter of great importance for the theory of state and law; in this connection the author of the paper set the aim to study the formation, evolution and unification of this legal trend. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of systematicity and analysis. Results: the author’s point of view grounded in the work is based on the antiterrorist legislation and the opinion of the competent scientific community on the issue of improving the antiterrorist function of the state at a discrete level (with a set of values for different sets of legal arguments) and the regulatory level (with a set of qualitative values of parameters of all the criteria). Based on the legal analysis of the anti-terrorist function of the state, the most popular are the coordination of the fight against terrorism and coordination to minimize the harmful consequences of terrorist manifestations. The topical blocks of issues are raised: I. features of the function system: 1) coordination preventive antiterrorist technology, 2) coordination and human will, 3) international law and selfdefense; II. transformation of terrorism manifestations and conceptual approach to counter- terrorism: 1) international self-defense, 2) modernization of statehood, 3) complex character of prevention; III. appropriateness of anti-terrorist reaction: 1) optimal prevention, 2) legal phenomena, 3) law and legislation. Conclusions: the study revealed the role of the coordination preventive anti-terrorist technology. It is established that due to the complexity of the legal registration of preventive tools and many unresolved related matters it is not possible to highlight the effective coordination of terrorism prevention in modern conditions.

POLIVARIABILITY OF THE BASTARD MOTIF IN THE SHORT STORIES BY GUY DE MAUPASSANT: CHARACTER IN SEARCH OF SELF-IDENTIFICATION

2018 ◽  
pp. 20-27
Author(s):  
Oksana Galchuk
Keyword(s):  
Short Stories ◽  
Short Story ◽  
Social Institutions ◽  
Point Of View ◽  
Guy De Maupassant ◽  
Traditional Values ◽  
The Social ◽  
Role Of It ◽  
Structural Methods

The theme of illegitimacy Guy de Maupassant evolved in his works this article perceives as one of the factors of the author’s concept of a person and the plane of intersection of the most typical motifs of his short stories. The study of the author’s concept of a person through the prism of polivariability of the motif of a bastard is relevant in today’s revision of traditional values, transformation of the usual social institutions and search for identities, etc. The purpose of the study is to give a definition to the existence specifics of the bastard motif in the Maupassant’s short stories by using historical and literary, comparative, structural methods of analysis as dominant. To do this, I analyze the content, variability and the role of this motive in the formation of the Maupassant’s concept of a person, the author’s innovations in its interpretation from the point of view of literary diachrony. Maupassant interprets the bastard motif in the social, psychological and metaphorical-symbolic sense. For the short stories with the presentation of this motif, I suggest the typology based on the role of it in the structure of the work and the ideological and thematic content: the short stories with a motif-fragment, the ones with the bastard’s leitmotif and the group where the bastard motif becomes a central theme. The Maupassant’s interpretation of the bastard motif combines the general tendencies of its existence in the world’s literary tradition and individual reading. The latter is the result of the author’s understanding of the relevant for the era issues: the transformation of the family model, the interest in the theory of heredity, the strengthening of atheistic sentiments, the growth of frustration in the system of traditional social and moral values etc. This study sets the ground for a prospective analysis of the evolution the bastard motif in the short-story collections of different years or a comparative study of the motif in short stories and novels by Maupassant.

THE USE OF THE TRANSLATION METHOD IN MASTERING THE TERMS

2019 ◽  
pp. 87-95
Keyword(s):  
International Relations ◽  
English Language ◽  
Structural Features ◽  
Point Of View ◽  
General Classification ◽  
Optimal Methods ◽  
Foreign Companies ◽  
The Social ◽  
Problems Of Translation

The article is devoted to the role of Tourism terminology in linguistics and the issue of general classification, peculiarities in the expression and translation of terms related to tourism in English into Uzbek and Russian, as well as the choice of the most optimal methods for translating terms in accordance with the requirements of this professional sphere. The terminology of the English language tourism is distinguished by its brightness, versatility. Tourism terms are formed under the influence of a generalized lexical layer of language and perform a specific functional function.Tourism terms are formed through the affixation method (prefixation, suffixation, circumphixation) and get rich through the process.The terminology of English Tourism is distinguished by its content and structural features, forming a part of the language vocabulary from the linguistic point of view. Texts in the field of Tourism take into their composition concepts of Tourism and interpret them in their content. They will be mainly in the form of advertising, as well as enlighten information about a particular region or place, create informational precedents and ensure their manifestation in the social cultural presence. The relevance of the study of the problems of translation of terms in the field of tourism has been investigated, mainly due to the development of international relations, expansion of cooperation between local and foreign companies, as well as the increase in this area of communication.

The transformation of the Russian notary in the new economic realities

2020 ◽  
Vol 22 (1) ◽  
pp. 92-97
Author(s):  
KONSTANTIN A. KORSIK ◽  
◽  
ANASTASIYA A. PARFENCHIKOVA ◽  
Keyword(s):  
Public Administration ◽  
Relevant Information ◽  
The State ◽  
Technological Infrastructure ◽  
Social Sphere ◽  
The Social ◽  
Modern Economic ◽  
World Development

The article is devoted to the review of current changes in the legislation on notaries related to the development of electronic civil circulation, analysis of existing digital risks and assessment of the role of notaries in combating them. In modern economic realities, a significant expansion of the sphere of competence of the notary is carried out by introducing completely new notarial actions into the scope of the notary’s terms of reference. At the same time, the notary does not just follow the general ‘digital’ trend, but independently makes significant efforts to effectively perform the tasks of the social sphere regulator assigned to it by the state. The creation of the Unified Notary Information System as part of the formation of the technological infrastructure to ensure the security and stability of legal relations in the context of electronic civil circulation takes to a new level the quality of notarial services and the security of legally relevant information. The role of notaries significantly increases in conditions when the use of digital technologies in the economy, public administration, social sphere becomes one of the main vectors of world development, and society and the state inevitably face the flip side of this process – digital risks that jeopardize the safety of participants in civil turnover and their property. In 2020, as part of the implementation of the national program ‘Digital Economy’, it is planned to introduce a number of innovations that will create the basis for a stable and secure ‘digital’ turnover.

Party-Political and Socio-Economic Сonsequences of Elections to the German Bundestag

2021 ◽  
pp. 24
Author(s):  
V.B. Belov
Keyword(s):  
Point Of View ◽  
The European Union ◽  
Social Democrats ◽  
The Social ◽  
Angela Merkel ◽  
The Face ◽  
German Bundestag ◽  
The Impact ◽  
Further Development

The article examines the results of the last Bundestag elections. They marked the end of the Angela Merkel era and reflected the continuation of difficult party-political and socio-economic processes in the informal leader of the European Union. The main attention of the research focuses on the peculiarities of the election campaign of the leading parties and of the search for ways of further development of Germany in the face of urgent economic and political challenges. These challenges include the impact of the coronavirus crisis, the impact of the energy and digital transition to a climate-neutral economy, and the complex international situation. Based on original sources, the author analyzes the causes of the SPD victory and the CDU/CSU bloc defeat, the results of the negotiations of the Social Democrats with the Greens and Liberals, the content of the coalition agreement from the point of view of the prospects for the development of domestic and foreign policy and the economy of Russia's main partner in the west of the Eurasian continent. The conclusion is made about the absence of breakthrough ideas, the consistent continuation of the course started by the previous government for a carbon-free economy and the strengthening of the role of Germany in Europe and the world. For this course, conflicts and problems in achieving the set goals will be immanent due to the compromising nature of the coalition agreements.

THE ROLE OF LIBERAL IDEOLOGY IN THE TRANSFORMATION OF THE SOCIAL FUNCTIONS OF THE STATE IN THE CONTEXT OF GLOBALIZATION

2021 ◽  
Vol 1 (11) ◽  
pp. 15-20
Author(s):  
Irina N. Mysliaeva ◽  
Keyword(s):  
Social Support ◽  
Social Policy ◽  
Modern Society ◽  
The State ◽  
Social Functions ◽  
The Social ◽  
Liberal Ideology

The article examines the causes and directions of transformation of the social functions of the state. The role of liberal ideology in changing the forms and methods of state social policy in the context of globalization is determined. The interrelation between specific measures of social support of the population and the interests of large transnational capital in modern society is revealed.

Examination of notarized photocopy of a document on the example of свидительства o рождении (birth certificate)

2020 ◽  
Vol 310 ◽  
pp. 58-66
Author(s):  
Jacek Juszkiewicz ◽  
◽  
Judyta Malewska ◽  
Keyword(s):  
Expert Witness ◽  
Birth Certificate ◽  
Public Law ◽  
Point Of View ◽  
Notary Public

This article attempts to address certain aspects of forensic-legal examination of the authenticity of a document on the basis of a notarized photocopy (certified copy). The article outlines the essence of the notarial act – regulated in Article 98 of the Polish Notary Public Law – of certifying the conformity of a copy, extract or photocopy with a presented document and the dangers that may arise from regarding a notarized photocopy of a presented document as a photocopy of an authentic document. The role of the notary in terms of document authenticity verification has been signaled. From a forensic point of view, the lack of evidentiary equivalence between an original document and a certified photocopy in the process of testing the authenticity of a document was emphasized. Based on examples from the practice of an expert witness, the possibility of identifying a forgery on the basis of a notarized photocopy of a document свидительствo o рождении is presented. The authors attempt to formulate several postulates concerning the making of photocopies of documents and their subsequent notarization.

Sign in / Sign up

Export Citation Format

Share Document