Administrative Justice as a Way of Ensuring an Individual’s Rights and Freedoms (Experience in Analyzing of the Ivan T. Tarasov’s Theoretical Heritage)

Author(s):  
Nikita Egorov

The relevance of the reconstruction and interpretation of a prominent Russian lawyer Ivan Trofimovich Tarasov’s (1849–1929) theoretical legacy is due to the theoretical and practical significance of the questions regarding the search for answers to topical issues of building a legal state in modern Russia, in which individual rights and freedoms are recognized as the highest value. The mechanisms for protecting these rights and freedoms that have been formed during various stages of Russian history do not always allow achieving the desired result, and therefore the search for ways to improve them is an urgent problem of theoretical and practical jurisprudence. An important contribution to solving the problems of our time can be made by the ideas of Russian scientists of the late XIX – early XX centuries, which still retain the potential of constructive influence on the regulation of public relations in Russia. The article is devoted to one of the problems that have been comprehended by I. T. Tarasov – the problem of determining the nature and purpose of administrative justice, which should be an effective means of ensuring the rights and freedoms of the individual. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparative-legal) methods of legal research. Of great importance was the method of reconstruction and interpretation of legal ideas. As a result of the study, it was concluded that the pluralism of scientists' ideas about administrative justice was reflected in the identification of various approaches to understanding its essence and organization: administrative justice – justice in administrative and administrative matters; administrative justice - a system of public institutions for the consideration of public law disputes; administrative justice – a special procedural procedure for the consideration of disputes in the field of public administration. In the absence of a uniform approach to understanding the institution of administrative justice in modern Russia, the work of I. T. Tarasov is becoming increasingly relevant, which not only revealed the essential problems of the organization and functioning of administrative justice, but also made an attempt to solve them; determined the presence in Russia of all the necessary structural elements and tools for creating administrative justice, formulated specific proposals for the creation of administrative justice in Russia.

2021 ◽  
Vol 35 (1) ◽  
pp. 87-92
Author(s):  
Radmir V. Samigullin ◽  
◽  
Liudmila D. Nazarenko ◽  

The article discusses the importance of the emotional and volitional sphere for improving the effectiveness of competitive activities of qualified weightlifters. Successful adaptation of an athlete to physical exertion, his attitude to training and competitive activities are largely determined by the nature of the emotional sphere that motivates the search for new approaches, means and methods of physical self-improvement, increasing sports achievements. The authors developed a method for that to form the emotional and volitional potential of qualified weightlifters at the age of 17–19. As the psycho-emotional sphere is formed, its influence on the nature of performing structural elements of training and competitive exercises increases and closer connections are established between them. The choice of effective means and methods of the training process that ensure the formation of a rational technique in accordance with the individual capabilities and abilities of the athlete creates prerequisites for satisfaction with the training process, which is the basis of the positive psycho-emotional state.


2018 ◽  
Vol 71 (4) ◽  
pp. 55-59
Author(s):  
K. D. Zaiats

The subjects of the study are the problems that arise at the initial stage of the investigation of street fraud, the study is the individual problems of pre-trial investigation of street fraud and the ways of their solution. The study aims to highlight the most common problems in practice at the initial stage of the investigation of this group of fraud, and presents recommendations for their solution. In the course of time, general scientific methods of cognition were used. The relevance of the research topic is that the main problems of investigators arise at the stage of the decision to open criminal proceedings. Difficulties are related to the fact that the investigator needs to take a key procedural decision based on the analysis of very limited information about the event. In addition, in the context of open criminal proceedings, it is very difficult to form a system of evidence of the existence of a criminal intention in the actions of a fraudsters. Indeed, unlike other crimes, they are reflected not so much in material traces as in acts of intellectual nature: the reporting of false information, the use of fictitious documents, specific attributes, and many others. Gathering evidence of such an order requires an extraordinary level of professionalism. The investigator should not only have a high level of knowledge of the existing criminal and criminal procedural legislation, but also be aware of ways to overcome the main difficulties encountered in criminal proceedings on fraud. The novelty of the results is that the research in this direction was conducted for the first time. The main results of the study are given a number of typical problems of investigation of street fraud, as well as recommendations for their overcoming. The results of the study can be used in the field of the criminal law cycle. The practical significance lies in the possibility of introducing the results of the research into the educational process in the presentation of the discipline “The method of investigation of crimes”, special courses, as well as in raising the skills of practical police officers. As a result of the study, conclusions were drawn in the form of concrete proposals for addressing typical problems arising in the investigation of street fraud.


Author(s):  
Oleh Savchuk ◽  
Halyna Lutska

Goal. The aim of the work is a comprehensive analysis of the main problems and features of the influence of religion on the formation of modern legal families, including in the context of modern globalization processes. Method. The methodology of the study involves the integrated use of a number of general and special methods of cognition, in particular: terminological analysis, synthesis, structural-functional and comparative law. Results. In the course of the research it was proved that in the modern conditions of society development the religious legal family plays an important role due to the large number of citizens of the states that make it up. The factor that reinforces this role is the migration processes caused by globalization and integration phenomena. Today, despite its conservatism, the religious legal family under the pressure of external circumstances is forced to abandon some of its dogmas, mainly in terms of ensuring the development of the individual and the realization of his rights. The religious legal family is a separate type of legal system with its own peculiarities. It is important to distinguish between religious law and the national legal system of the state that makes up the religious legal family. Scientific novelty. The study found that in the legal families of traditional law, religion is decisive. This is manifested in the fact that, on the one hand, it serves as a regulatory mechanism for traditional, customary and other social norms. On the other hand, religion within the legal families of traditional law plays an independent role mainly in cases when it comes to regulating the activities of public law institutions. Practical significance. The results of the study can be useful in the process of developing a general theoretical and comparative religious model of formation and development of legal families of today, in particular in the context of globalization.


Author(s):  
Julia Sabadash ◽  
Josef Nikolchenko ◽  
Liubov Dablo

The purpose of the article is to focus on the theoretical developments of Ukrainian cultural studies over the last decade. The methodology consists in the application of general scientific principles of objectivity and historicism, systematization and generalization of the researched problem, and also the analytical method is used - at studying historical and culturological literature on a research theme; historical and cultural - to highlight the holistic "images-concepts" of creative activity of the individual in the historical dynamics of Ukrainian culture and a comprehensive cultural approach based on interdisciplinary links of humanities. Scientific novelty. It consists in the fact that the structure of the Ukrainian humanities is analyzed, which in its historical and modern movement has a self-sufficient and self-valuable character. Conclusions. It is emphasized that the active development of culturological knowledge requires both the fixation of already corrected problems and the identification of new problems in the logic of the further research process. among other "structural elements" are humanities, separately, socio-political knowledge, philosophy, aesthetics, history, and theories of religion, art history, and others. The "boundary space" where the theoretical interests of culturology are transformed with other humanities is outlined.


Author(s):  
G.A. Reshetnikova

The use of the phenomenon of “national security” in various fields of knowledge testifies to its general scientific practical significance, raises the problem of its elaboration at the theoretical level, first of all, the search for its nature and general meaning (internal content), as a result, a conceptual methodological basis. This work did not provide for an exhaustive consideration of the problem, only its statement. For this purpose, philosophical knowledge was used to comprehend the essence of the “security” phenomenon. It has been established that "security" is a fundamental, constitutive feature that determines the essence of the "security" phenomenon. But not security in general, but one or more subjects of activity and communication. The content and meaning of the subject's existence is the satisfaction of his needs, the realization of his interests. From this point of view, security is associated with areas of public life with the versatile interests and needs of the subjects, and response actions to protect them, to realize their interests and satisfy their needs. This idea is consonant with that used in the basic document of strategic planning - the National Security Strategy of the Russian Federation, the conceptual scheme: “national interests” - “threats to national security” - “ensuring national security”, where “national interests” is the basic concept of national security, the meaning of which is in fact, it consists in ensuring the protection of the individual, society and the state. Another question: what should one “rely on” when comprehending the essence of this phenomenon? How did the individual, society and state arise? What was the fundamental prerequisite in this process? This forced us to turn to the ideological foundations and explore the process of this theoretical development.


Author(s):  
Nikita Tarasov

The relevance of the topic is due to the scientific and practical importance of issues related to the search for effective means and mechanisms of building a legal state in the Russian Federation. The questions relating to the grounds and limits of the use of state coercion measures, which were the subject of the domestic police-legal theory are considered in article. At the late XIX – early XX century in the Russian police science actively discussed the role of state coercion in the system of public administration, the compatibility of state coercion and the desire to ensure the rights and freedoms of the individual. Understanding of these issues is reflected in the works of N. A. Griftsov, A. E. Nazimov, M. N. Palibin, Y. S. Stepanov, Ya. Felser, which to date in modern historical and legal science have not received a proper assessment. The works of these police scientists became the subject of this research. The aim of the study is to analyze the theoretical and legal heritage of policemen. Methodological basis of the research: General scientific (historical, system, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. The method of interpretation of legal ideas was used. As a result of the analysis of the main provisions of the works of Russian police scientists, it was concluded that state coercion was considered by jurists as an element of domestic activity. Russian police scientists in the face of state seen the guarantor is able to ensure the security of citizens, therefore, recognized the possibility of using the state power of coercion. But at the same time, the police stressed the importance of determining the grounds and limits of the use of measures of state coercion.


2021 ◽  
pp. 51-59
Author(s):  
Алі Аззаарі

Purpose of the article аnalyze the features of Islamic geometric ornament as a historical and at the same time modern artistic phenomenon, its formation, development, traditional structural elements. Methodology. General scientific research methods, chronological and historical ‒ comparative, figurative-stylistic, semantic, and theoretical-art history analysis are applied. Results. The features of the historical development of geometric ornament in the countries of Islam, its national, historical, mental, figurative, artistic features are analyzed. Recognized in the world as a unique work of art, Islamic geometric ornament is known for its compositional construction which consists of simple elements (circle, square, triangle). Then by connecting and repeating the shapes according to a certain grid pattern, a complex pattern (hexagon, octagon, star pattern) is created. The richness of the artistic culture of Islam is embodied in the range of its variants. It was found that the geometric ornament, which is the main decorative element on numerous objects, embodies a deep spiritual content. Geometric Islamic ornament embodies thousands of years of creative practice that has become traditional in the Arab East. At the same time, in the modern world, Muslim ornamental traditions remain relevant and reveal opportunities for introducing the acquired artistic experience of the Arab countries into new creative practices, including graphic design. Scientific novelty consists in determining the place and significance of Islamic geometric ornament in modern cultural and historical processes, taking into account its traditional aesthetic, substantial, structural and compositional content. Practical significance. The proposed research expands the understanding of the possibilities of using the traditions of Islamic ornament in modern creative practices. The results can be used in design practice.


Author(s):  
Irina Rosovska

Goal. The aim of the work is a comprehensive analysis of the main problems and features of the influence of religion on the formation of modern legal families, including in the context of modern globalization processes. Method. The methodology of the study involves the integrated use of a number of general and special methods of cognition, in particular: terminological analysis, synthesis, structural-functional and comparative law. Results. In the course of the research it was proved that in the modern conditions of society development the religious legal family plays an important role due to the large number of citizens of the states that make it up. The factor that reinforces this role is the migration processes caused by globalization and integration phenomena. Today, despite its conservatism, the religious legal family under the pressure of external circumstances is forced to abandon some of its dogmas, mainly in terms of ensuring the development of the individual and the realization of his rights. The religious legal family is a separate type of legal system with its own peculiarities. It is important to distinguish between religious law and the national legal system of the state that makes up the religious legal family. Scientific novelty. The study found that in the legal families of traditional law, religion is decisive. This is manifested in the fact that, on the one hand, it serves as a regulatory mechanism for traditional, customary and other social norms. On the other hand, religion within the legal families of traditional law plays an independent role mainly in cases when it comes to regulating the activities of public law institutions. Practical significance. The results of the study can be useful in the process of developing a general theoretical and comparative religious model of formation and development of legal families of today, in particular in the context of globalization.


2009 ◽  
Vol 14 (4) ◽  
pp. 363-371 ◽  
Author(s):  
Laura Borgogni ◽  
Silvia Dello Russo ◽  
Laura Petitta ◽  
Gary P. Latham

Employees (N = 170) of a City Hall in Italy were administered a questionnaire measuring collective efficacy (CE), perceptions of context (PoC), and organizational commitment (OC). Two facets of collective efficacy were identified, namely group and organizational. Structural equation models revealed that perceptions of top management display a stronger relationship with organizational collective efficacy, whereas employees’ perceptions of their colleagues and their direct superior are related to collective efficacy at the group level. Group collective efficacy had a stronger relationship with affective organizational commitment than did organizational collective efficacy. The theoretical significance of this study is in showing that CE is two-dimensional rather than unidimensional. The practical significance of this finding is that the PoC model provides a framework that public sector managers can use to increase the efficacy of the organization as a whole as well as the individual groups that compose it.


Author(s):  
Liubomyr Ilyn

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.


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