scholarly journals Legal science: development problems in the context of modern value and ideological realities.

2021 ◽  
pp. 89-98
Author(s):  
Sergiy Sunegin
Keyword(s):  
Public Life ◽  
Legal Knowledge ◽  
Liberal Democratic ◽  
Stage Of Development ◽  
Legal Science ◽  
The Social ◽  
Conceptual Problems ◽  
The Law ◽  
Current Stage

Introduction. The article investigates conceptual problems of legal science in modern values and ideological realities. The originality of the current stage of development of legal science in the context of global affirmation of liberal-democratic values of public life is manifested not only in the fact that the relevant political and legal phenomena are studied today taking into account the dominance of liberal values in democratic societies, that is, in the context of their relationship, interaction and interdependence with such values (for example, individual rights and freedoms, rule of law, free enterprise, private property, etc.). The aim of the article. The purpose of the article is to determine the conceptual problems of the development of legal science in the prevailing of modern value-ideological realities. Results. In our opinion, the main feature of the development of legal science in the context of the establishment of liberalism as a global ideology, which has unconditional supremacy over any other ideologies and their concepts, is that modern legal doctrine is increasingly detached from the deep philosophical, ideological, moral and religious ideas and principles aimed at ensuring the normal arrangement of relations in society. Thus, modern legal science gradually acquires the quality of a kind of «thing in itself», closed to the study of external forms of political and law phenomena regardless of their internal deep essence, complex nature, essential relationship and interdependence with other social phenomena that perform normative-and-organizing influence on society and citizens. As a result, modern legal science is gradually moving away from its main purpose - the search for true knowledge about the relevant state and legal phenomena, determining their objective nature, social purpose and objectives, and so on. Instead, legal knowledge today is either purposefully differentiated (fragmented) in different directions, which can provide mostly purely theoretical novelty, or serves as a justification for endless social and government reforms, the constant implementation of which, as practice shows, does not lead to any significant positive social changes or achieving high quality of law and order in the state. The liberal-democratic model of law, which is based on the idea that law itself is the most effective means of ensuring civilized relations between people, is usually actively substantiated by modern legal science. At the same time, such justification is usually carried out outside the context of the complex social nature of law, its objective relationship and interdependence with other equally important social regulators, its subjective perception by participants in public relations, in whose actions it is practically implemented. Of course, it should be agreed that the law is a mandatory and necessary attribute of the civilized life of any society, but its effectiveness depends, in particular, on the extent to which it and especially the mandatory, formally defined rules of law take into account relevant social laws. Conclusions. One of the main features of the current stage of development of legal science is a kind of entropy of doctrinal legal knowledge, which is expressed in the accumulation of uncertainty in the development of objects that are studied. At the same time, such uncertainty is associated with the loss of the necessary and at the same time essential relationship of legal science with the social laws of normal organization of public life and the transformation of science into a purely private matter, in which each researcher has the right to substantiate any ideas and concepts without taking into account the social experience of past generations. Legal science is only when it explores the relevant phenomena and processes, taking into account social laws or patterns of social life, that is, taking into account certain dependencies and reproducibilities. Legal science, like any other field of scientific knowledge, needs to record its best and most optimal results, which can be obtained only if in the process of doctrinal research the researcher takes into account objectively functioning social laws, including the law of social inheritance. These formally recorded results must be taken into account in the process of implementing public policy in the relevant field or sphere of life and reforming certain state and law institutions.

scholarly journals PLACE AND ROLE OF THE THEORY OF STATE AND LAW IN THE SYSTEM OF LEGAL SCIENCES

2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  
Keyword(s):  
Legal System ◽  
Public Life ◽  
Legal Knowledge ◽  
Complex State ◽  
Legal Science

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole

scholarly journals Identity Building of Indonesian Legal Education (From Progressive Liberalism to Transgresive Religious Cosmic)

2021 ◽  
Vol 8 (2) ◽  
pp. 481
Author(s):  
Anthon Freddy Susanto
Keyword(s):  
Law Enforcement ◽  
Legal Education ◽  
Analysis Method ◽  
Professional Skill ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
The Social ◽  
The Law ◽  
Heuristic Analysis

Legal Education naturally is education of human and humanity viewing man in his “earthly existence” to appreciate his human nature or will make the humanity humane as such the vital relation is that world will be more humane, managed and maintain according to the relation between he himself and the creator. Legal education encourages man to understand dan be able to interact with reality of the world surrounding; legal education, therefore, should be able to develop human soul, in this case, is the entire creativity, passion and creation. Legal education is closely related to the development of morality of the law enforcement to be able to improve the performance and professional skill in the law enforcement. To support the concept, legal education should always improve the quality of human’s life. Method used was multi-method such as philosophical method using hermeneutic-deconstructive approach; conceptual approach by developing creative ideas through heuristic analysis; method of critique on text to see the new possibilities that can raise in the development made. Philosophical approach can help us to enter into the most essential/fundamental area of the issue developed. Transgressive legal education is human education in the context of Indonesia with the soul of Pancasila. Transgressive legal education is an education to develop moral or conscious to underline the enforcement of the law upon society so that man will aware of the existence of the creator and is able to encourage the development of persons to be critical, tolerant, open, sensitive, and care towards the social problems and law enforcement.

scholarly journals Social State Development in Contemporary Russia

2020 ◽  
Vol 20 (5) ◽  
pp. 67-73
Author(s):  
U.A. Starshova ◽  
Keyword(s):  
State Formation ◽  
Russian Federation ◽  
State Development ◽  
Social State ◽  
Foreign Experience ◽  
Stage Of Development ◽  
The Social ◽  
The Russian Federation ◽  
Current Stage

Foreign experience of social state formation is considered. The current stage of development of the social state in Russia is studied. Special attention is drawn on the amendments to the Constitution of the Russian Federation in this area.

Social Quality in China

2018 ◽  
Vol 8 (1) ◽  
pp. 49-68 ◽  
Author(s):  
Cui Yan ◽  
Huang Yongliang
Keyword(s):  
Empirical Data ◽  
Practical Reasons ◽  
Chinese Society ◽  
Social Quality ◽  
Related Research ◽  
Stage Of Development ◽  
New Public ◽  
The Social ◽  
Quality Theory

Since the end of the 1990s, when European scholars put forward the social quality theory, related research has been recently and increasingly carried out in China. At present, Chinese society has entered a new stage of development, and the main demands of the population have gradually changed. For theoretical and practical reasons, it is highly attractive to strengthen the research on the social quality of China in order to meet new public demands and expectations and to promote the improvement of social quality through the implementation of effective politics and policies. Based on empirical data, this article comprehensively analyzes the cognition of different layers of China’s population and the change of the four conditional factors of social quality on the overall development of society.

2. Understanding trusts

2021 ◽  
pp. 25-45
Author(s):  
Gary Watt
Keyword(s):  
Pension Fund ◽  
Legal Knowledge ◽  
Social Significance ◽  
Asset Protection ◽  
Key Points ◽  
The Social ◽  
The Law ◽  
Legal Concepts

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. There are many kinds of trusts performing different functions. Private family trusts of the orthodox type are different from special trusts such as pension trusts and charitable trusts, and the so-called ‘NHS trust’. The diversity of functions performed by trusts explains why there is diversity within the law of trusts. This chapter provides an overview of trusts, including their usefulness, how they differ from other legal concepts (contracts, debt, powers, agency), the different trust types, the role of trusts in asset protection and the social significance of trusts. It looks at special categories of trusts and trustees, including bare trusts, protective trusts, pension fund trusts and asset protection trusts.

FORMATION OF INFRASTRUCTURE OF RURAL TERRITORIES IN ENSURING THE SOCIAL MISSION OF FELLOW COUNTRYMEN

2021 ◽  
Vol 5 (11) ◽  
pp. 64-68
Author(s):  
Gulusya G. Khaydarova ◽  
Keyword(s):  
Human Potential ◽  
Social Infrastructure ◽  
Social Mission ◽  
The Social ◽  
Fixed Assets ◽  
Economic Transformations ◽  
Wear And Tear ◽  
Long Time ◽  
Current Stage

The current stage of socio-economic transformations has shown that the main competitive advantage of countries and regions is associated with the quantity and quality of human resources. In such a situation, the issue of creating conditions that ensure the life of people and the development of human potential becomes of paramount importance. In this context, the special significance of the social infrastructure of the region (the functioning of which is aimed at meeting the most important needs of the population) is due to its ability to provide and expand opportunities for the development of human potential, thereby affecting the socio-economic development of the region as a whole. However, for a long time, the regions' capabilities for main-taining infrastructure facilities were limited, the degree of wear and tear of fixed assets increased, the direction of using social infrastructure facilities changed, and the volume and quality of services provided decreased. De-stimulation of the processes of renewal of social infrastructure has led to a decrease in the potential for its development.

scholarly journals ASSESSMENT OF THE PERFORMANCE OF LOCAL SELF-GOVERNMENT BODIES WITH REGARD TO THE IMPROVEMENT OF THE TERRITORY OF MUNICIPAL FORMATION “VOTKINSK CITY” IN THE UDMURT REPUBLIC

2019 ◽  
Vol 29 (6) ◽  
pp. 745-753
Author(s):  
E.A. Korotaeva
Keyword(s):  
Quality Of Life ◽  
Real Estate ◽  
Stage Of Development ◽  
Effective System ◽  
Udmurt Republic ◽  
Local Budget ◽  
Quantitative Indicators ◽  
The City ◽  
Current Stage

Currently, Russia continues the process of harmonizing the interests of economic entities, taking into account the characteristics of each level of the management system. The most important problem of the current stage of development of regions and territories is the formation and development of an effective system of improvement, since this sphere is one that defines the quality of life of the territory population. In this article the system of improvement of municipal formation “Votkinsk city” is considered. The author reflects the quantitative indicators of the implementation of works on the improvement of the municipality, and analyzes the structure of local budget expenditures on the improvement. In order to obtain an overall picture of improving the territory of municipality “Votkinsk city”, measures for the city’s improvement for 2013-2018 years were studied, the city budget expenditures on improvement during this period were analyzed. Landscaping can become one of the revenue parts of the budget. In this regard, the paper presents data on the income received from the placement of advertising structures on real estate municipally-owned by the city of Votkinsk, and from the placement of advertising structures in the city’s territory. In conclusion, the directions of improving the efficiency of management in the field of landscaping are recommended.

scholarly journals Transformation of the mechanisms functioning of law enforcement in the conditions of digitalization

2020 ◽  
Vol 6 (3) ◽  
pp. 174-178
Author(s):  
Eugenia N. Prokhorova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Security Threats ◽  
Law Enforcement Agencies ◽  
Potential Threat ◽  
Enforcement Policy ◽  
Stage Of Development ◽  
The Law ◽  
Kaliningrad Region

This article is devoted to the study of the problems of interaction of law enforcement agencies in the field of countering modern security threats. In this connection, it justifies the need to create a mechanism for the joint operation of security and security elements of the law enforcement system through the prism of the main trends of law enforcement policy, allowing to draw conclusions about how the features of this process affect the quality of law enforcement. At the same time, the influence of the features of the law enforcement mechanism is connected with the minimization of its costs on the effectiveness of the activities of security agencies at the expense of provisional funds. It is noted that the current stage of development of society is characterized by the transformation of many legal relations, including and law enforcement. However, the use of information technologies by terrorists causes, perhaps, most of all the issues for the resolution of which the forms of interaction of law enforcement agencies that ensure the integration of their activities are proposed. By the example of the problem of countering telephone terrorism with the use of modern technical achievements, the importance of the integrated interaction of law enforcement units, which the author regards as a tool to increase the effectiveness of law enforcement, is shown. It was noted that objectively existing needs for the integration of the actions of states in the suppression, prevention and punishment of such crimes, lead to the intensification of international cooperation in the designated area. Special attention is paid to the Kaliningrad region because of its autonomy and vulnerability due to its remoteness from the main territory of the country and its environment to states that pose a potential threat to the security of the Russian Federation. The author formulates conclusions on the results of the study.

scholarly journals DEVELOPMENT OF ENTREPRENEURSHIP IN THE SERVICE SECTOR OF THE REGION

2020 ◽  
pp. 12-16
Author(s):  
З. Г. Зайнашева ◽  
З. Э. Сабирова
Keyword(s):  
Small Businesses ◽  
Service Sector ◽  
Service Market ◽  
Existing Problems ◽  
Stage Of Development ◽  
Republic Of Bashkortostan ◽  
Accelerated Growth ◽  
The Republic ◽  
Current Stage

Современный этап развития российского предпринимательства продолжает характеризоваться наличием проблем, не позволяющих данному сектору экономики выйти на траекторию устойчивого развития. Авторы статьи рассмотрели развитие предпринимательства в сфере услуг Республики Башкортостан, имеющиеся проблемы и факторы, влияющие на ускоренное развитие рынка услуг. В статье отмечено особое значение государственного стимулирования развития малого бизнеса, в частности рассмотрены мероприятия «Стратегии социально-экономического развития Республики Башкортостан до 2030 года» по поддержке малого и среднего предпринимательства в сфере услуг, направленные на дальнейшее повышение качества жизни населения. The current stage of development of Russian entrepreneurship continues to be characterized by the presence of problems that prevent this sector of the economy from entering the course of sustainable development. The authors of the article reviewed the development of entrepreneurship in the service sector of the Republic of Bashkortostan, the existing problems, and factors that affect the accelerated growth of the service market. The article notes the importance of state stimulation of the development of small businesses, in particular, the measures of the “Strategy for the socio-economic development of the Republic of Bashkortostan until 2030” of supporting small and medium-sized businesses in the service sector that aimed at further improvement of the quality of life of the population.

scholarly journals REGULARITIES AS A SUBJECT OF SCIENCE OF EXECUTIVE PROCESS

2021 ◽  
pp. 116-123
Author(s):  
S. Shcherbak ◽  
Keyword(s):  
Scientific Development ◽  
Court Decisions ◽  
Legal Tradition ◽  
Stage Of Development ◽  
Natural Connection ◽  
Legal Science ◽  
Executive Process ◽  
Process Characterization ◽  
The Subject ◽  
The Law

The article analyzes the existing positions of scientists of general theoretical jurisprudence on legal laws as a fundamental and rather complex scientific category, which is undeservedly "forgotten" in our time, the interest in which is determined by the needs of practice and the essence of scientific knowledge. Based on the conceptual principles of general theoretical science, the branch concept of regularities as a subject of science of executive process is offered, taking into account the necessity of development of doctrinal provisions of science of executive process. It is proved that the formation and formation of the science of the executive process is ahead of the emergence of the relevant branch of law; the place of the executive process in the legal system continues to be considered, because the process of forming the branch of law must be complex and long and thus requires justification and awareness. The essence and features of legal regularities in the general theory of law are revealed, and also their display and value in the course of execution of judicial decisions and decisions of other bodies are defined; such regularities as a subject of science of executive process are specified. It has been clarified that the decisions and decisions of other bodies, have natural connections and relations concerning: creation, actions and improvement of the legislation regulating process of execution of court decisions and decisions of other bodies; practices of application of executive procedural norms (including rules of law enforcement in typical situations, overcoming gaps); use of historical experience of execution of court decisions and decisions of other bodies; use of foreign experience of enforcement of decisions of jurisdictional bodies; the provisions of international legal acts on enforcement (expediency of harmonization and implementation, which will require changes to national legislation); methodological problems of the science of the executive process. Characterization and classification of branch regularities, depending on criterion of sphere of action in science, of executive process on five kinds are given among which are: natural connection of the simplest phenomena – the executive document, executive procedural legal relations, executive actions; natural connection of complex phenomena, such as the system of executive procedural legislation, the model of the executive process, the methodology of the executive process; regularities inherent in the executive process as a whole (principles of the executive process, stages of the executive process, subjects of the executive process); the natural connection of the executive process with the economy, sociology and other social spheres. An assessment of new regular connections that arises in the modern executive process, taking into account the signs of dynamic patterns and examples of transformation of patterns that were manifested in the Soviet times and operate in modern times, in particular, fundamental regularities, (which are succession in law, the stability of the legal tradition), and the objective need for formal certainty in law are fragmentarily outlined in the example of the science of executive process, because the executive process was separated from the science of civil procedure and did not absorb its succession, but caused new, its own patterns, which arose simultaneously with the new phenomenon of legal life, and thus acquired a set of legal relations that are not embodied with justice (while the modern prototype of the executive process is associated "with a drone and tow truck", not with Themis, the goddess of justice). In turn, the subject of the science of executive process is proposed to understand the objectively determined, constant, necessary, and causal links that provide knowledge of the process of execution of court decisions and decisions of other bodies as a legal phenomenon, as well as reflect its deep, essential properties. The architecture of the subject of science should be determined primarily by the structure of the relevant law, in this case by the Law of Ukraine "On Enforcement", a significant disadvantage of which is the systematic revision and reformatting of its provisions by adopting the law or its new Version changes simultaneously the conceptual bases of activity of executors and considerably complicates formation of theoretical bases of executive process. It is substantiated, that coincidences, provided that they are repeated, can become a trend, and trends, in turn, can grow into a pattern. The importance of regularities lies in the fact that they are not only the subject of science of the executive process, but also have methodological significance for the executive process as a young branch of legal science, because it is on the basis of regularities that basic scientific provisions become especially relevant in the emergence and development of new branches of legal science. The paper identifies existing trends such as anthropologization, globalization and deformation and reveals them on the example of the executive process; it outlines the content of coincidences in the science of executive process. The need for further scientific development of both the actual legal laws and industry laws of the science of the executive. Process is predicted, taking into account the immensity of the category of laws and giving to it the weight at the present stage of development of the science of the executive process.

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