scholarly journals On the polysemy of the concept of “fiction” in the language of law

2021 ◽  
pp. 139-146
Author(s):  
Ilyas Abdulkhannyanov
Keyword(s):  
Clear Distinction ◽  
Negative Consequences ◽  
Conceptual Apparatus ◽  
Legal Science ◽  
Legal Technology

The article substantiates the idea that one of the factors of the development of legal science, in particular legal technology, is the degree of development of its categorical and conceptual apparatus. As one of the reasons preventing its formation is called inherent in any language property - polysemy. On the example of studying such a category as fiction, refracted through the prism of law, the negative consequences caused by its ambiguity are demonstrated. It is concluded that there is a need for a clear distinction between the existing meanings of words in the course of the formulation of special legal terms.

scholarly journals ESSENCE, CONTENT AND SIGNIFICANCE OF LEGAL TECHNIQUE AS A LEGAL CATEGORY

2021 ◽  
pp. 30-36
Author(s):  
I. V. Borshevskyi ◽  
O. D. Hryn
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Scientific Article ◽  
Negative Consequences ◽  
Advanced Experience ◽  
Legal Science ◽  
Accurate Expression ◽  
Legal Technology ◽  
Rule Making

The scientific article is devoted to the study of general theoretical aspects of the category “legal technique”, which is conditioned by the problem of the modern Ukrainian legislation improving and bringing it to conformity with the requirements of international standards. The author considered the issue of active development of the legal system of Ukraine, impact of the processes of globalization and integration on it, as well as renovation of the content of some state-legal phenomena, which actualizes the improvement of rule-making and law enforcement. Taking into account the analysis of the degree of efficiency and quality of legal technology in modern conditions, it should be noted that there is no sufficient scientific research of this issue by legal scholars in modern legal science. The problem of studying and analyzing the essence of legal technique is of great interest among scientists in different legal spheres and plays an important role in improving lawmaking in general. In connection with this, the issue of search for means of increasing the efficiency of legal activity is quite topical in modern legal science. The aim of the study is to analyze various aspects of legal technique in modern legal science and elicit problems of its improvement in the context of globalization and integration processes. It has been ascertained that legal technique plays an essential role in ensuring the effectiveness of law and strengthening legality. Complete and correct use of all means and methods based on elaborated rules of legal technique provides an accurate expression of the content of legal acts, their simplicity and possibility of their most rational use in practical work. The level of legal technique is one of the indicators of the level of legal culture in the country. The need for full and thorough use of legal technique, expressing the advanced experience of legislation and progressive recommendations of science, is an objective principle that allows one to avoid certain negative consequences, costs and shortcomings in the form of law.

Subcategory of land as an important element of the conceptual apparatus of land law science

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Mazii Vitalii ◽  
Keyword(s):  
United States ◽  
Final Stage ◽  
The United States ◽  
Legal Regulation ◽  
Land Law ◽  
Conceptual Apparatus ◽  
Proper Functioning ◽  
Legal Science ◽  
Full Classification

This article is devoted to the insufficiently studied in the theory of land law the concept of «subcategory of lands». The author established the fact that despite the widespread use of the phrase «subcategory of lands» by domestic and foreign scientists, there are no studies aimed at revealing this concept and outlining the same subcategories of lands. In the course of the research it was established that the current land legislation has about 119 subcategories of land, which are within different categories of land. Using the methods of theoretical and legal science, an attempt was made to reveal the concept of «subcategory of lands» and give it an appropriate definition. It is stated that subcategories of land play an important role in the proper functioning of current land legislation of our state, the lack of allocation and proper legal regulation of subcategories of land can lead to mass violations (intentional or negligent) in the use of land for its intended purpose. To effectively address the issue of proper legal regulation of land subcategories, the author analyzed the successful experience of the United States on this issue and proposed the development of a legal act that could perfectly regulate the relevant land categories, establish a full classification of major categories and subcategories. Lands, as well as provide them with a detailed description. In the final stage of the study, the author emphasizes that there is an urgent need to pay due attention to this issue by lawmakers, scholars and practitioners. Keywords: subcategory of lands, category of lands, division of lands into subcategories, purpose of lands, land legislation

scholarly journals ARTIFICIAL INTELLIGENCE IN JURISPRUDENCE: PROSPECTS FOR USING AN INTERDISCIPLINARY COGNITIVE MODEL

2019 ◽  
pp. 204-208
Author(s):  
A. Sokolova
Keyword(s):  
Artificial Intelligence ◽  
Cognitive Model ◽  
Interdisciplinary Approach ◽  
Human Values ◽  
New Order ◽  
Research Paradigm ◽  
Negative Consequences ◽  
Legal Science ◽  
New Research ◽  
Modern Technologies

The development of modern technologies, the creation of artificial intelligence have posed new problems for humanity. Is the methodological potential of legal science sufficient to comprehend modern phenomena and predict positive and negative consequences for society? The proposed article attempts to modernize the cognitive model by expanding the scope of an interdisciplinary approach. This is a new research paradigm - the interdisciplinarity of a new order. As an illustration, the plot of the “penetration” of artificial intelligence in jurisprudence is given, the question is raised about the risks of violation of human values and measures to prevent them.

scholarly journals The concept of legal atavism - the example of Art. 880 Code of Civil Procedure

2020 ◽  
Vol 17 (4) ◽  
pp. 95-105
Author(s):  
Janusz Nowak
Keyword(s):  
Civil Procedure ◽  
Legal Order ◽  
Negative Consequences ◽  
Legal Science ◽  
The Republic ◽  
The Way

The article focuses on the application of the concept of atavism, which originally was developed in biology, in the area of legal science. The article analyzes characteristics of legal atavisms. Negative consequences of their existence are also depicted. The concept of atavism is discussed based on Art. 880 of the Code of Civil Procedure, which can – in the author’s opinion – be an appropriate example to reflect the significance of this term. The analysis which was conducted enabled the author to propose de lege ferenda postulate, which may positively affect the course of the judicial enforcement proceedings and the way of shaping the legal order of the Republic of Poland.

scholarly journals Overview of doctrinal and legislative sources on the interpretation of the concept of “bullying”

2021 ◽  
Vol 2 (2) ◽  
pp. 55-60
Author(s):  
Iryna Lantukh
Keyword(s):  
Social Research ◽  
Violent Behavior ◽  
Legal Aspect ◽  
Negative Consequences ◽  
Scientific Publications ◽  
National Courts ◽  
Legal Science ◽  
The Subject ◽  
Group 2 ◽  
Broad Interpretation

The relevance of the study is stipulated by the necessity of scientific knowledge at the level of general and theoretical legal science of bullying to increase the effectiveness of counteraction to this negative phenomenon, the separation from other forms of violent behavior. There are two groups of sources covering the understanding of bullying: 1) research in the field of sociology, pedagogy and psychology (is a larger group) 2) research in the field of law (related to the adoption of legislation providing for liability for bullying and based on its legislative definition analysis, which determines the coverage primarily of the administrative and legal aspect of these studies). The first group of sources, based on the peculiarities of understanding bullying, is divided into three subgroups: papers in which bullying is understood as an external social influence, a phenomenon having negative consequences and existing within a particular social group; papers in which bullying is perceived mainly through the emphasis on aggressive behavior, interpreting it as mockery, harassment, violence; papers in which bullying is understood as the interaction of social actors, which has a conflicting nature due to the lack of communication skills. The second group of sources is divided into two subgroups: scientific publications, analyzing the features of bullying, the national courts’ practice concerning interpretation of bullying through the application of Art. 173-4 of the Code of Ukraine on Administrative Offenses; papers in which the correlation of bullying with other forms of violent behavior is the subject of knowledge, and its features are determined. It is summarized that there is no single approach to understanding bullying in the domestic scientific literature. Analysis of sources, the subject of knowledge of which is bullying, allows us to distinguish its broad and narrow understanding. The latter is reduced to a legislative definition and is inherent mainly in research within legal science. A broad interpretation of bullying, including not only the features defined in the law, but also others, in particular, the negative nature of the consequences, disruption of group communication,interpersonal conflict, which is characterized mainly by psychological, pedagogical and social research of bullying.

Tax system: features of conceptual apparatus

2021 ◽  
pp. 80-84
Author(s):  
Artem Kotenko
Keyword(s):  
Legal Regulation ◽  
Main Body ◽  
Negative Consequences ◽  
Tax System ◽  
Local Taxes ◽  
Conceptual Apparatus ◽  
Tax Legislation ◽  
Definition Of ◽  
The Military ◽  
Practical Nature

Problem setting. The definition of the tax system of Ukraine, given in para. 6.3 of Article 6 of the Tax Code of Ukraine (hereinafter - the TC of Ukraine), as a set of national and local taxes and fees, which are managed in the procedure established by this Code [9], does not cover a number of relations regulated by tax legislation. Appeal to the provisions of para. 1 part 2 of Article 92 of the Constitution of Ukraine [4] further "reinforces" our position. According to the abovementioned norm of the Basic Law of Ukraine, only the laws of Ukraine establish a system of taxation, taxes and fees. That is, at the level of the Constitution of Ukraine, the system of taxation and taxes and fees are divided. And there remains space for considerations, which is meant both by the tax system and by taxes and fees. Analysis of recent research. The tax system is a fundamental category of tax law. Various aspects of the tax system have been studied by many scientists. Here it should be noted D. Getmantsev, M. Kucheryavenko, N. Pryshva and others. Among the latest comprehensive legal studies of the tax system should be noted the dissertation of O. Barin "Legal foundations of the tax system of Ukraine: current state, basic elements, principles". The purpose of the article is to study the content and conceptual apparatus of the tax system. Article’s main body. The article is devoted to the peculiarities of the conceptual apparatus used in determining the tax system of Ukraine. The definition of the tax system as a set of national and local taxes and fees in the procedure established by the Tax Code of Ukraine leaves a number of issues of both theoretical and practical nature. Attention is focused on the fact that there is no military fee in the list of state taxes and fees fixed in Article 9 of the TC of Ukraine [9]. It is not clear for what reasons the regulation of its payment is carried out by p. 16-1 of subdivision 10 Section XX of the Tax Code of Ukraine [9]. With this approach, there is a situation when the military fee in the tax system of Ukraine seems not to have. Although the military fee is actually paid. We can’t mention that the name of this tax payment does not correspond to the provisions of clauses 6.1 and 6.2 of Article 6 of the TC of Ukraine [9], where the definition of tax and fee is provided. According to its legal mechanism, the military tax fee, because the main feature of the fee - individual repayment - is absent. That is, the military payer does not receive individual special benefits. Conclusions. The conceptual apparatus used in the Tax Code of Ukraine in determining the tax system of Ukraine has a number of contradictions. The case here is not only in legal technique. The lawmaker's approach to determining the tax system as a set of national and local taxes and fees in the procedure established by the TC of Ukraine leaves a number of issues of both theoretical and practical nature. This attitude to the fundamental principles of legal regulation of the tax sphere can have negative consequences for both taxpayers and budgets of different levels. Bringing the conceptual apparatus into logical compliance will be able to lay down the necessary guarantees of compliance with the rights of taxpayers and will be able to ensure stable receipt of taxes and fees to budgets.

Causes and conditions for committing illegal acts in modern society: theoretical and legal aspects and some solutions

2020 ◽  
pp. 287-295
Author(s):  
Tatyana Plotnikova ◽  
Vadim Kharin
Keyword(s):  
Law Enforcement ◽  
Public Life ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Clear Distinction ◽  
Main Role ◽  
Negative Consequences ◽  
Illegal Acts

As a result of everyday social activities, people constantly come into relationships with each other. This type of relationship may not be regulated at all (exist on the basis of morals, traditions, etc.), or it may not exist without a certain legal regulation, which is supported by the power of the state. Violation of these regulations constitutes an offense. Offenses have negative consequences for various spheres of public life, they cause damage to both society and the state. In modern conditions, there is a tendency to increase the number of offenses in society. This situation stimulates the study of the causes and conditions of committing offenses, both of certain types of offenses, and of all illegal acts in general. The work considers the main causes and conditions of offenses, and also provides a clear distinction of such terms as “cause”, “condition” and “reason”. The main role in the fight against offenses, including the activities to identify and eliminate the causes and conditions of committing illegal acts, belongs to law enforcement agen-cies. But in the current circumstances, this is not enough, so it is necessary to pay attention to other mechanisms and ways to eliminate the causes and conditions of violations and effectively use them.

Citation as a method of support and maintenance of scientific research

2018 ◽  
Author(s):  
Игорь Понкин ◽  
Igor Ponkin ◽  
Алена Редькина ◽  
Alena Red'kina
Keyword(s):  
Scientific Research ◽  
Scientific Work ◽  
Legal Aspects ◽  
Negative Consequences ◽  
Russian Science ◽  
Scientific Texts ◽  
Legal Science ◽  
General Importance

This publication is devoted to the topic of citation as a method of support and maintenance of scientific research, in particular in legal science, filling the existing in the Russian science significant gaps. Explained the concept of "quote" and "quotation", "reference" and "reference". The General importance of citation (as well as the use of references and references) for science is shown, the legal aspects of the reference topic are disclosed. The functional-target load of citation, the use of references and references and the rules of fair citation are described. The authors address questions about the extent of proper and permissible within the scope of citation, the understanding and extent of the appropriate and permissible in the repeated (repeated) particular use by the author of his author's scientific texts and self-citation, in the republication by the author of his previously published complete scientific work. Citation defects, their background and causes, their negative consequences are investigated. The value and features of citation in legal science are investigated and explained.

scholarly journals Content and interpretation of the conceptual apparatus of risk management project

2021 ◽  
pp. 52-57
Author(s):  
A. V. Pochivalov ◽  
A. V. Sysolyatin
Keyword(s):  
Risk Management ◽  
Management Process ◽  
Negative Consequences ◽  
Conceptual Apparatus ◽  
Management Processes ◽  
Risk Management Process ◽  
Management Project

One of the important management processes is the identification and management of risks. The article considers the main causes of uncertainty and the occurrence of risk events. The attitude of the authors and standards is presented, the interpretations of the concepts of “risk management” and “risk management” are systematized. The main groups of interpretations of the concept of risk are highlighted, according to which different authors and standards share the concepts. Special attention is paid to the tasks that face the risk management process. A proprietary interpretation of the definition is proposed and justified, taking into account the peculiarities of the risk management process in terms of the stages of risk management, positive and negative consequences, systematic, consistent and cyclical actions in the risk management process in project activities. 

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