scholarly journals Quasi-judicial institutions in the legal space: definition and approaches to the definition

2019 ◽  
Vol 2019 (3) ◽  
pp. 49-54
Author(s):  
Ирина Пирожкова ◽  
Irina Pirozhkova ◽  
Алла Карташова ◽  
Alla Kartashova
Keyword(s):  
Research Methodology ◽  
Analytical Methods ◽  
Linguistic Analysis ◽  
Legal Interpretation ◽  
Word Usage ◽  
Legal Space ◽  
Political Model ◽  
Judicial Justice ◽  
Definition Of ◽  
Modern Sense

The article is devoted to the analysis of the terminological apparatus associated with the phenomenon of quasi-judicial justice. The goal is to consider the legal interpretation of the concepts of “quasi-judicial justice” as a set of bodies and institutions providing alternative judicial means of resolving conflicts in society. The research methodology consisted of formal legal and analytical methods. The paper uses methods of linguistic analysis. The study determines the formal and essential (material) approaches to the definition of quasijudicialness. There is a diversity of phenomena that form quasi-judicial institutions in the historical and modern sense and the lack of certainty of word usage in the legal field: normative acts and the doctrine of law. The conclusions are based on the departure from tradition, the negative coloring of the phenomenon of quasi-judicial justice, which is based on the practice of applying the decisions of administrative justice bodies as a tool for building an authoritarian political model of the USSR.

scholarly journals The Modern Project: A Research Hypothesis

2019 ◽  
Vol 4 (3) ◽  
pp. 83-89
Author(s):  
Paola Viganò
Keyword(s):  
Political Change ◽  
Le Corbusier ◽  
Land Ownership ◽  
The Political ◽  
Architectural Form ◽  
Social Transformations ◽  
Modern Project ◽  
Fresh Perspective ◽  
Definition Of ◽  
Modern Sense

The project of the industrial modern city comprises many heterogeneous paths and stories, in particular those regarding the CIAM (Congrès Internationaux d’Architecture Moderne) Functional City. They all come together in a discourse that links the architectural form to positive urban and social transformations. Such a discourse was interpreted from two different perspectives: The first hypothesized the need for political change starting from the collectivization of land ownership as stressed in the declaration of CIAM at La Sarraz in 1928, whereas the second theorised the capacity of new architecture to improve living conditions irrespective of the political context as supported by Le Corbusier. Starting from these premises, the present commentary proposes a fresh perspective on the functional city project, where the research on the minimization of effort contributed to a different definition of work from the Marxist one and in the modern sense. Therefore, the design and the space of the Existenzminimum blatantly contributes to the construction of a new routine, inspired by minimum effort, with the creation of a new effort–relaxation–rest rhythm and repetition.

METHODOLOGY FOR RESEARCHING THE FISCAL MECHANISM FOR REGULATING INVESTMENT PROCESSES

2017 ◽  
Author(s):  
Viktoriia Rudenko ◽  
Keyword(s):  
Research Methods ◽  
Research Methodology ◽  
Scientific Literature ◽  
Research Work ◽  
Cognitive Activity ◽  
Practical Implementation ◽  
Theoretical Justification ◽  
Definition Of ◽  
Scientific Facts ◽  
Financial Research

The necessity and advantages of using the methodology in conducting financial research in modern conditions, in particular regarding the functioning of the fiscal mechanism for regulating investment processes, are determined. It is established that the methodology is considered by scientists in two approaches: 1) as a doctrine of research methods, which is inextricably linked with philosophical science; 2) as a set of research methods used in any science. The etymology of the concept of “methodology” is considered and approaches to the interpretation of its content are critically comprehended. It is substantiated that the structure of the research methodology, in particular the fiscal mechanism of regulation of investment processes, covers three aspects: functional, logical and process. The functional aspect of the research methodology is determined, which covers its consideration as a set of principles and methods aimed at achieving a specific practical or theoretical goal of research work. The logical aspect of research methodology is highlighted, which contains its understanding as a set of forms of organization of research work. The process aspect of research methodology is determined, which implies its interpretation as a series of successive stages aimed at achieving a certain practical or theoretical result of research work. Based on the study of reference and scientific literature, the author's definition of research methodology of the fiscal mechanism for regulating investment processes is proposed as a specific doctrine, which covers a set of principles, methods, forms and sequential stages of research (cognitive) activity, used to identify scientific facts, their theoretical justification and practical implementation. The functions of research methodology of the fiscal mechanism for regulating investment processes is established. The functions of research methodology of the fiscal mechanism for regulating investment processes are established. The factors of successful application of the methodology as “art” in the study of the fiscal mechanism for regulating investment processes are considered.

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.

scholarly journals Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint

Argumentation ◽  
2020 ◽  
Author(s):  
Francesca Poggi
Keyword(s):  
Explanatory Power ◽  
The Other ◽  
Legal Argumentation ◽  
Legal Interpretation ◽  
Central Theme ◽  
Critical View ◽  
Legal Literature ◽  
Close Relationship ◽  
The One ◽  
Definition Of

AbstractThe phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned.

scholarly journals Use of Action Research in Nursing Education

2016 ◽  
Vol 2016 ◽  
pp. 1-9 ◽  
Author(s):  
Susan D. Moch ◽  
R. Todd Vandenbark ◽  
Shelley-Rae Pehler ◽  
Angela Stombaugh
Keyword(s):  
Higher Education ◽  
Nursing Education ◽  
Action Research ◽  
Literature Review ◽  
Research Methodology ◽  
Research Process ◽  
Education Literature ◽  
Definition Of

Purpose.The purpose of this article is to describe action research in nursing education and to propose a definition of action research for providing guidelines for research proposals and criteria for assessing potential publications for nursing higher education.Methods.The first part of this project involved a search of the literature on action research in nursing higher education from 1994 to 2013. Searches were conducted in the CINAHL and MEDLINE databases. Applying the criteria identified, 80 publications were reviewed. The second part of the project involved a literature review of action research methodology from several disciplines to assist in assessing articles in this review.Results.This article summarizes the nursing higher education literature reviewed and provides processes and content related to four topic areas in nursing higher education. The descriptions assist researchers in learning more about the complexity of both the action research process and the varied outcomes. The literature review of action research in many disciplines along with the review of action research in higher education provided a framework for developing a nursing-education-centric definition of action research.Conclusions.Although guidelines for developing action research and criteria for publication are suggested, continued development of methods for synthesizing action research is recommended.

scholarly journals The transition of insurgent-guerrilla movements to radical terrorist methods of struggle: retrospective features

2021 ◽  
Vol 39 (71) ◽  
pp. 822-832
Author(s):  
Andrey Ivanovich Baksheev ◽  
Sergey Alekseevich Butorov ◽  
Evgeniya Alekseevna Kurenkova ◽  
Aleksey Nikolayevich Kuraev ◽  
Andrey Vyacheslavovich Rybakov
Keyword(s):  
Use Of Force ◽  
Turn Of The Century ◽  
International Terrorism ◽  
Terrorist Attacks ◽  
Controversial Issues ◽  
Evolutionary Processes ◽  
Guerrilla Movements ◽  
Characteristic Features ◽  
Definition Of ◽  
Modern Sense

The realities of modern reality indicate that there are a significant number of unjustified attempts to resolve controversial issues based on the use of force. The article shows the evolutionary processes of the transition of insurgent-guerrilla movements to radical terrorist methods of struggle in the period of 1991-2001 and reveals the reasons for this process. The article analyzes the definition of "international terrorism" in the modern sense, analyzes the characteristic features of international terrorism of the 1990s, the reasons for its spread, new forms of terrorist activity. The following methods were used in the study of the chosen topic: historical-genetic, comparative-historical; problem-chronological, the method of historical modeling. Authors conclude, there is no doubt that all the insurgent-guerilla movements, without exception, pursued their own goals. The most effective way to achieve them at the turn of the century turned out to be precisely terrorist attacks, which, with all the strength of state structures, were not possible to fend off. Thus, terrorism has become a strong weapon in the hands of weak players in the international arena.

scholarly journals Koncepcja polityczności Chantal Mouffe a poststrukturalizm w filozofii interpretacji prawniczej

2021 ◽  
Vol 43 (2) ◽  
pp. 273-279
Author(s):  
Jakub Łakomy
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Legal System ◽  
Political System ◽  
The Political ◽  
Legal Interpretation ◽  
The Third ◽  
Stanley Fish ◽  
Agonistic Democracy ◽  
Definition Of

The present article deals with the political nature of the interpretation theory, using poststructuralism as a source of reflection. The analysis is conducted by using poststructuralist epistemology and poststructuralist political theory. The thesis of this article, which is metatheoretical in nature, is that the poststructuralist concepts of legal interpretation can be used only after simultaneously adopting the assumptions of the political philosophy which originated in poststructuralism. Chantal Mouffe’s concept of the political is very much tied to considerations about agonistic democracy and agonistic pluralism, which gives us original answers to the questions of how society, the political system, and the legal system can help us prevent the emergence and flourishing of authoritarianism. The first part of the text presents the poststructuralist definition of the political and politics as well as shows its importance for the analysis of the contemporary legal interpretation concepts. In the next part, the author discusses the topic of poststructuralism in jurisprudence and its most important features for a change in the discourse of philosophy of interpretation. The third part of the article examines poststructuralist anti-essentialism using the example of one from among the most famous neopragmatist and poststructuralist philosophers — Stanley Fish. In the fourth and last part of the considerations, the thesis about the necessity of joint use of poststructuralist epistemology and political theory for research on legal interpretation is verified and metatheoretical conclusions are drawn from it.

scholarly journals The Definition, signs and types of administrative and procedural guarantees.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-13
Author(s):  
Revista Dixi ◽  
Roman Volodymyrovych Shapoval ◽  
Tetiana Olexsandrivna Kolomoiets ◽  
Oksana Valeriivna Brusakova ◽  
Mikayil Vagif Oglu Garayev
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
State System ◽  
Legal Interpretation ◽  
State Institutions ◽  
Legitimate Interests ◽  
Characteristic Features ◽  
Definition Of ◽  
Direct Implementation

The purpose of this article is to determine the nature and content of administrative and procedural guarantees. In this regard, it is necessary to solve the following tasks: To clarify the definition of administrative and procedural guarantees, to characterize their types, to reveal the features of administrative and procedural guarantees, and to determine the place of this legal phenomenon in the general legal system. Issues related to theoretical and legal interpretation, legislative definition and direct implementation of administrative and procedural guarantees are updated and considered. The influence of administrative-procedural guarantees on the level of development of the domestic legal system is analyzed. Attention is drawn to the fact that the quality of proper functioning of administrative-procedural guarantees directly depends on the development of state institutions of a particular country, as well as on the level of perfection and efficiency of the entire state-power mechanism, i.e. the state system. Given that the essence of modern administrative and procedural guarantees provides for the proper consolidation of rights, freedoms and legitimate interests of individuals, it is justified that the key role in these processes will always play the level of legal awareness, along with the level of transparency and timeliness. The author’s definitions of the terms “administrative-procedural guarantees”, “protection of legal guarantees of citizens” and “legal awareness of the population” are given. Some of the characteristic features of foreign models of administrative and legal regulation are proposed for implementation.

scholarly journals Find "pay damage the suspects and their applications jurisprudential base" title

2018 ◽  
Vol 217 (1) ◽  
pp. 39-64
Author(s):  
Dr. Nassif Mohsen Asaessa Hashemi
Keyword(s):  
Research Methodology ◽  
Rule Base ◽  
The One ◽  
Definition Of

    In the name of Allah the Merciful This paper deals with " pay damage the suspects and their applications jurisprudential base"     To the effect " is that if the damage endured in the work of the business must pay the accession the believer " .  And mind riding the damage to pay the suspects, if it does not transfer and improvement Altaqbih mental clarity confined to his rule by the owners. Advantaged and al-Qaida are suspicions wisdom before the examination should be in charge of the examination even despair, and then end up assets to the operation, according to the rule base is the truth should be the examination.The research methodology is based on dividing the four demands. The first requirement : eating Qaeda on the one hand the definition of language and terminology. The second requirement : aware and evidence-Qaeda. Third requirement : Rod and base Fbh punishment without a statement on the payment of the damage the suspects base.  Fourth requirement: doctrinal applications on the base. Find and we ended with a summary of the most important results, in addition to index margins.

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