The Court and the Order: Classic Institutionalism by M. Hauriou and S. Romano*

2020 ◽  
Vol 2020 (4) ◽  
pp. 26-36
Author(s):  
Vyacheslav Kondurov
Keyword(s):  
Legal Theory ◽  
World View ◽  
Public Law ◽  
General Context ◽  
Judicial Interpretation ◽  
Scientific Methods ◽  
Political Sovereignty ◽  
General Scientific ◽  
The Guardian

The subject of the study is the ideas of classical institutionalists (M. Hauriou and S. Romano) on the role of court and the nature of justice. The methodological basis of the work is the method of interpretation, which is the main one for the study of the legal theories history, and also the method of problem-theoretical reconstruction, as well as general scientific methods of analysis, synthesis, etc. The relevnce of the conducted research is to identify the key elements of Maurice Hauriou and Santi Romano’s ideas on the role and content of justice and their interpretation, taking into account the achievements of modern legal science regarding the different styles (strategies) of judicial interpretation. Maurice Hauriou believes that the basis of the court powers is not the political power, but the sovereignty of the constitutional statute. This makes it possible for courts to perform the function of deterrence (restriction) of other state bodies, the source of power of which is a political sovereignty. For this reason, the French jurist pushes the boundaries of justice wide enough to allow judicial rule-making, which is competitive with the parliament. To a certain extent, this position of Maurice Hauriou may be at the heart of his world view. For example, he puts an «idea» in the foundation of the institution, which eventually becomes the guardian of justice. Santi Romano, on the other hand, seeks to avoid any idealism by remaining in positions close to sociological positivism. Unlike Maurice Hauriou, he creates not a public law theory, but a general legal theory. For this reason, he focuses much more on the content of interpretation as a specific judicial activity than his French teacher. He considers it as a formal logical and essentially cognitive procedure. However, the general context of the pluralistic teaching of Italian jurisprudence makes it possible to take a broader view of the judiciary than that of Maurice Hauriou. Santi Romano also allows the court to have normative competence, but does not consider it part of justice. Despite the fundamental assumption that it is possible for the courts to create norms, neither Santi Romano nor Maurice Hauriou can be considered forerunners or supporters of radical judicial realism, according to which the judge is the only true creator of law, who makes norms in a sovereign and spontaneous manner without looking back at the existing legal order.

scholarly journals Formation and Development of Penitentiary Institutions in Yekaterinodar (Second Half of the 19th–Early 20th Centuries)

2021 ◽  
pp. 826-834
Author(s):  
Irina Izyumskaya
Keyword(s):  
Sharp Increase ◽  
State Archive ◽  
Historical Experience ◽  
Scientific Methods ◽  
Legal Reforms ◽  
The Status ◽  
General Scientific ◽  
The Impact ◽  
Historic Background

Introduction: the article is devoted to the historic background of the prison system in the Kuban and features of the prison institutions formation in Yekaterinodar – the center of the Kuban Oblast, formed in 1860. The article, based on the comprehension of historical experience and analysis of archival materials, shows the impact of the 1860– 1870 state-legal reforms on construction of new and enlargement of current prisons and studies the specifics of prisoner detention conditions. It reveals the role of the Yekaterinodar Military Prison Committee “Prisons Custody Society” in enhancement of Yekaterinodar’s penitentiary institutions: organization of places of detention and provision of the necessary detention regime; control over detainee’s welfare; improvement of medical care for prisoners, etc. Purpose: to reflect development features of penitentiary institutions in the Kuban as a whole and Yekaterinodar in particular. The methodological basis of the research consists of philosophical, general scientific and private scientific methods (dialectical, system-structural, historical-genetic, comparative, formal-legal, etc.). Discussion: based on a brief analysis of the works of N.I. Galkina, N.V. Slavinskii, M.K. Batchayeva, S.A. Lobova, etc., devoted to the issues under consideration, as well as the study of materials contained in the funds of the State Archive of Krasnodar Territory, the author presents chronological background of formation and development of the Kuban prison institutions. As a result of the conducted research, the researcher comes to the following conclusion: since Yekaterinodar acquired the status of a civil city in 1867, there was a sharp increase in out-of-town visitors, which led to a rise in the number of crimes and, accordingly, persons serving sentences in the form of imprisonment. It involvedthe expansion of existing prison facilities and construction of new ones, in particular, the Yekaterinodar regional prison in 1876. The establishment of the Yekaterinodar Military Prison ommittee “Prisons Custody Society” in 1867, which was in charge of the entire Kuban penitentiary system, helped achieve some success in prison guardianship within its competence. The development of guardianship in relation to prisoners should be considered one of the mechanisms that solved the problem of improving prisoners’ situation. This activity was financed by state and private charitable funds. The author also notes that the Kuban prisons addressed acute problems, characteristic, however, of the entire penitentiary system, such as insufficient funding of prison facilities, unsuitability of prison facilities, i.e. overcrowding, and harsh detention conditions.

scholarly journals Problems of Regional Participatory Budgeting Practices

2021 ◽  
Vol 13 (4) ◽  
pp. 110-121
Author(s):  
Vera V. Levina ◽  
Keyword(s):  
Comparative Research ◽  
Participatory Budgeting ◽  
Budget Planning ◽  
Scientific Methods ◽  
Planning Optimization ◽  
General Scientific ◽  
Ambiguous Effect ◽  
Regional Budgets ◽  
Selection Of

This paper discusses the various aspects of participatory budgeting as a regional practice. Using Tula region as the example, the author analyzes the problems associated with the selection of projects, the involvement of residents in the process of preparing projects, and the organization of financing. The study has mainly used general scientific methods of systems-structural and structural-functional analysis as well as comparative research. It is established that the consolidation of the participants’ interests is a prerequisite for the preparation and selection of a larger number of participatory projects. Reasons for the prevalence of educational projects and the institutional mechanisms of their preparation are shown. In addition, the article addresses the role of the residents’ interest in the implementation of projects as an intermediate link between their awareness and involvement. Based on the analysis, it is concluded that involvement management and budget planning optimization have a multidirectional effect on the modernization of proactive budgeting mechanisms. As a result, significant amounts of subsidies from regional budgets have been found to have an ambiguous effect on the efficiency of involving residents in the processes of proactive budgeting. Recommendations for improving regional practices of participatory budgeting are formulated; these include control of the number of participants in the preparation of projects and voting, more attention to mechanisms for coordinating the interests of participants in proactive budgeting, and modernization of the mechanism for distributing subsidies. The article proposes the optimal balance of citizen involvement in participatory budgeting and co-financing of their initiatives from municipal and regional budgets.

scholarly journals Temporal justification of M. Heidegger’s ontological differentiation: simultaneity

2020 ◽  
Vol 3 ◽  
pp. 30-39
Author(s):  
Varvara Oleinik ◽  
Keyword(s):  
Fundamental Principle ◽  
The Self ◽  
Ontological Difference ◽  
Dual Nature ◽  
Problem Of Time ◽  
Scientific Methods ◽  
Fundamental Ontology ◽  
Hermeneutic Phenomenological ◽  
General Scientific

Introduction. The article considers the ontological difference as a fundamental idea dividing M. Heidegger’s ontology into two levels. The author proposes an explication of temporal foundations for the main principle of fundamental ontology, the ontological difference, on the basis of existential analytics of Dasein. It is assumed that the organization of Dasein is a micromodel of being in general, which is the ultimate goal of M. Heidegger’s philosophical work. The aim of the study is to explicate the phenomenon of simultaneity as the ontological basis of the temporality of Dasein as a result of philosophical analysis, Methods The author uses hermeneutic, phenomenological and some general scientific methods such as analysis, synthesis, and abstraction. The scientific novelty of the study. When analyzing the self as an existential center of Dasein the author reveals the ontological duality of the first and, as a consequence, of the entire model of existence. The phenomenon of existence towards death is analyzed in the context of existential gap in the centre of the Dasein self, which gives rise to different ways of Dasein being - genuine and non-genuine; the author considers and analyzes the whole structure of the temporal Dasein in the light of the thesis of the human existence finiteness. On the basis of this idea, the key role of simultaneity is revealed, which becomes the ontologically initial concept in relation to the whole Dasein system of being and, accordingly, the fundamental ontology. It is suggested that the ontological difference is based on the more fundamental principle of temporal synthesis. Results. The author presents a model of Dasein existence structure on the basis of the dual nature of the self, with the simultaneity belonging to the ontologically determining specificity of the organization. Conclusions. The temporal justification of ontological differences reveals a feature of fundamental ontology, which consists in a specifically transformed dialectic of being and nothing. The study shows that fundamental ontology offers an atypical approach to the problem of time.

scholarly journals STRATEGIC PRIORITIES IN INTERACTION BETWEEN EDUCATIONAL SERVICES AND AGRO-INDUSTRY LABOR MARKET

2020 ◽  
Vol 0 (14) ◽  
Author(s):  
Черданцев Вадим Петрович ◽  
Валетова Ирина Викторовна
Keyword(s):  
Labor Market ◽  
Vocational Education ◽  
Human Development ◽  
Education System ◽  
Informal Education ◽  
Educational Services ◽  
Sociological Analysis ◽  
Scientific Methods ◽  
General Scientific

The paper considers the strategic priorities of the interaction between the labor market and the educational services market aimed at correcting the imbalance in the labor market in the field of agriculture. The study was conducted on the basis of a set of general scientific methods using strategic and sociological analysis. The main strategic priorities of interaction between the labor market and the educational services market in order to improve the competitiveness of graduates of the vocational education system in the modern labor market have been identified. The paper highlights the role of informal education in ensuring human development as a subject of labor.

scholarly journals THE ROLE OF LEGAL NOOSPHEROLOGY IN THE DEVELOPMENT OF SCIENTIFIC METHODS OF INTERNATIONAL LEGAL FORECASTING

2020 ◽  
Vol 1 (4) ◽  
pp. 7-17
Author(s):  
М. О. Baimuratov ◽  
V. P. Ozhereliev
Keyword(s):  
Public Law ◽  
Negative Consequences ◽  
Scientific Methods ◽  
Legal Structure ◽  
Global Space ◽  
Legal Model ◽  
The Stability ◽  
Scientific Facts ◽  
Made In

In 2019, in the scientific and practical legal journal "Public Law" №1 (33), the authors published an article on the feasibility of developing a single model of international public law and the noosphere. This decision was made in accordance with known scientific facts: the existence of a single global space of civilizational events and the noosphere, the space of which can be represented as a topological, and the system of public international law can be described as an "equilibrium surface" of differentiated diversity. The development of these studies led the authors to the realization of the existence of a global information and legal structure in the noosphere system, and then to the development and creation of a "topological double-circuit shell-nuclear information and legal model of the noosphere." This model became a conceptual basis for further research: to develop a system of noosphere law, methods of international legal forecasting and monitoring the "stability" of the information and legal structure of the civilizational space of the noosphere. The results of the research are the theoretical foundation for the formation and development of a new scientific and educational interdisciplinary discipline: "legal noospherology", which is of paramount scientific importance for the development of effective methods of international legal forecasting. The implementation of the natural-legal scenario of "inversion", in the absence of monitoring of information and legal processes in the noosphere system using the Model, according to the "catastrophe theory", can lead the world civilization system to unpredictable but expected negative consequences is noted. Their onset, due to the unpredictability of the local human – or rather, personal factor, can cause a spontaneous "implosion" of the shell-nuclear structure of the noosphere and its subsequent "collapse".

scholarly journals Classification of factors determining criminality in the sphere of housing and utilities infrastructure

2021 ◽  
pp. 14-25
Author(s):  
Denis Yur'evich Goncharov
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Research Subject ◽  
Public Authorities ◽  
Internal Factors ◽  
Scientific Methods ◽  
Determination System ◽  
General Scientific

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals Influence of the Yalta Conference on the Development of Modern International Law

2021 ◽  
pp. 394-423
Author(s):  
N. A. Cherniadeva ◽  
◽  
Yu. V. Vasilyeva ◽  
Keyword(s):  
International Law ◽  
Legal Analysis ◽  
Important Place ◽  
Scientific Methods ◽  
International Legal Order ◽  
Legal Foundations ◽  
General Scientific ◽  
The Creation ◽  
Final Agreement

Introduction: the article analyzes the contribution of the Yalta conference of 1945 to the formation of the modern international legal system. We believe that the role the decisions taken at this conference played in the formation of current international law is significantly underestimated these days. The purpose of this article was to identify the elements of modern international law the formation and development of which were influenced by the Yalta Conference. For this, the following objectives were set and consistently accomplished in the course of research: to determine the role of international conferences as mechanisms for the development of international law; to identify the features of the Yalta conference; to study international legal decisions that were made during the Yalta conference. Methods: we applied general scientific methods of analysis, synthesis, interpretation, formal logic. In connection with the study of historical aspects of international legal science, the method of historical and legal analysis played a significant role. Of the specialized legal methodological tools used in the preparation of the article, we note the methods of formal legal analysis and legal modeling. Results: the article proves that the Yalta conference laid the legal foundations for new significant international legal regulations. We consider the following to be the main international legal achievements of Yalta-1945: final agreement on the creation of the UN; the creation of a completely new mechanism of international legal governance – the UN Security Council; participation in the formation of a new system of sources of international law; participation in the development of the basis of new international law; participation in the formation of a number of new branches of international law. Conclusions: the Yalta Conference marks the end of one era and the beginning of a new one, in which the UN will occupy the most important place in the system of management of international legal relations. Many decisions made in Yalta concerned the future of the international legal order, and not just the resolution of the geopolitical issues of the Second World War at its last stage.

Financial control over the performance of State-financed institutions: The institutional approach

2021 ◽  
Vol 22 (5) ◽  
pp. 592-604
Author(s):  
Galina Yu. STUKALOVA
Keyword(s):  
Systems Approach ◽  
Financial Control ◽  
Financial Flows ◽  
Scientific Methods ◽  
Budgetary Control ◽  
General Scientific ◽  
Governmental Functions ◽  
The Government ◽  
And Control

Subject. The article discusses the role of the controlling function of governance as part of the evaluation of State-financed institutions' performance. Objectives. The study substantiates institutional aspects of the concept Control with reference to State-financed institutions and the specifics of their finance. I also carry out the theoretical examination of the need in controlling their performance. Methods. The study involves general scientific methods. Drawing on the systems approach and logical generalization, I sorted prevailing views on the analyzable categories. The abstraction was applied to summarize the main conclusions. Results. Scholars still interpret financial control differently. Furthermore, regulatory documents, which are adopted by both the legislature and the government, are not consistent with the existing views on financial control. Some interim types of financial control may possibly be something else, which shall be further studied. In my opinion, any activities associated with financial flows shall be qualified as financial. Therefore, the respective control is financial. governmental budgetary control is subdivided into control over budgetary and extrabudgetary finance due the specifics of budgetary institutions' finance. As the performance of State-financed institutions is evaluated in terms of the efficiency of budgetary spending on governmental functions, control should pursue the evaluation of State-financed institutions' performance by source of finance. Conclusions and Relevance. Governmental financial control includes several interim types, including budgetary and extrabudgetary activities. The performance of State-financed institutions shall be monitored by the two aspects so as to evaluate whether budgetary funds are efficiently spent on governmental functions. The findings are designated for unfolding theoretical views on the control over State-financed institutions' performance as a crucial tool for administration. The findings can be used for scientific and practical purposes in accounting and control.

scholarly journals Interaction between the Center and the Regions during the Development of the Treaty of Federation in 1992

2021 ◽  
Vol 23 (1) ◽  
pp. 95-104
Author(s):  
D. N. Shevelev ◽  
A. G. Melnik
Keyword(s):  
Central Government ◽  
Soviet Period ◽  
Scientific Methods ◽  
Legal Documents ◽  
General Scientific ◽  
The Russian Federation ◽  
Post Soviet Period ◽  
Federal Center ◽  
Federal Structure

The article features the reforms of the federal structure in the 1990s and the development of the Treaty of Federation in 1992. It focuses on the practices of federal relations that appeared in the post-Soviet period both in terms of the interaction between the Federal Center and the regional elites and in the context of the classical federalism. The authors described the factors that hindered the signing of the Federal Treaty, as well as the resources the regional elite used to affect the Center. They revealed the opposite views on the concept of federal structure expressed by national and territorial subjects of the Russian Federation and described their attempts to reach a compromise in the redistribution of powers. The research objective was to determine to what degree the Center was responsible for the content of the Treaty of Federation as the regional self-identification was gaining strength and the system of center-regional interaction was changing. The authors also highlighted the role of certain social groups on the development of federal relations, showed how the actions of the Center improved its positions, and identified historical facts that predetermined the asymmetry of the Treaty of Federation. The authors believed that the new model of federal relations was a compromise between the interests of the regional elites and the central government. However, it also strengthened the positions of the Federal Center and legalized the asymmetric nature of its relations with the regions. The research was based on general scientific methods and such historical research tools as comparative and systematic methods. It also involved such interdisciplinary methods as the historical-legal and the comparative analysis of legal documents.

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