scholarly journals Relationship between an advocate and a client: foreign experience

2020 ◽  
pp. 296-299
Author(s):  
Oksana Fomina
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
Psychological Climate ◽  
Legal Assistance ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
Definition Of ◽  
Order Execution ◽  
The Relationship

Relationship between the advocate and the client is a set of interrelated rights and obligations, guarantees and responsibilities.Taking into account the current political trends in the state, it can be noted that one of the most common ways of reforming nationalinstitutions is studying their activity in foreign countries. Thus, in order to find ways to improve the relationship between the advocateand the client under the agreement on the provision of legal assistance, we propose to examine the peculiarities of these relations insuch foreign countries as England, Germany, France and Poland. To ensure the consistency of the study, we propose to use certain criteria,such as: legal regulation of relations, name of the contract on the basis of which legal assistance is provided, names that are usedto the parties of the contract, list of their rights and obligations, types of responsibilities and peculiarities of payment for the advocate’sactivity.The urgency of the selected issues is confirmed by the fact that some of its aspects were examined in the scientific writings ofsuch scientists and practitioners as: N. Bakayanova, A. Biryukova, T. Varfolomeeva, T. Vilchyk, S. Fursa, and others.Studying the foreign experience of relationship between the advocate and the client indicates that there are both common and distinctfeatures. The distinguishing features include such as: presence of several types of professions engaged in the advocate activity;compulsory professional insurance; possibility of settling a dispute between the advocate and the client outside the disciplinary proceedings;admissibility of using the success fee.The point of view on the impossibility of introducing compulsory professional insurance for national advocate in the current contextis justified. The idea about advocate`s file, which has recommended character, is examined.The definition of the concept of “trust between the lawyer and the client” is proposed as a result of the actions of the advocateand the client, which depends on the moral-psychological, personal and professional qualities of the advocate and the moral-psychologicaland personal qualities of the client, and finds a manifestation in the special psychological climate of the relationship which promotesthe quality of the order execution.

scholarly journals Legal regulation of bullying: national and international experience

2019 ◽  
Keyword(s):  
School Environment ◽  
Statistical Data ◽  
Legal Regulation ◽  
International Experience ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Definition Of ◽  
Administrative Responsibility

The article analyzes the reasons and conditions for the occurrence of bullying among adolescents. The legal regulation of this phenomenon in Ukraine and foreign countries is explored. The Laws of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Combating Bullying (Hunting)" and "On Education" are analyzed in relation to the definition of actions that qualify as a bullying. The statistical data on the distribution of the bullying in the school environment is presented. The specified administrative responsibility, provided for the commission of these actions. The optimal ways of solving the problem of a bullying with the help of foreign experience are offered.

О вопросах фольклоризма в письменной литературе

2019 ◽  
pp. 31-33
Author(s):  
Суусар Искендерова
Keyword(s):  
Modern Science ◽  
Folk Songs ◽  
Point Of View ◽  
The Past ◽  
Scientific Term ◽  
Literature Culture ◽  
Definition Of ◽  
The Relationship

Аннотация: Исследование проблемы фольклоризма является наиболее актуальной в современной науке о фольклоре. На разных этапах развития художественной литературы для формирования индивидуального творчества писателя особенно значимым становятся фольклорные жанры, сюжетные мотивы и художественные средства. В статье рассматривается связь письменной литературы и фольклора, особенно точка зрения проблеме фольклоризма в прошлом и их анализ. Термин «фольклоризм» начал использоваться советскими исследователями учеными как научный термин еще в 1930-х гг. Термин «фольклоризм» используется в различных сферах культуры, а в этой статье мы будем рассматривать в литературе. Несмотря на то, что на протяжении многих лет этот вопрос изучается литературоведами, фольклористами, все -таки нет единого теоретического определения понятия. Ключевые слова: фольклор, фольклоризм, литература, культура, письменная литература, художественная литература, оседлый народ, пословицы и поговорки, фольклорные песни. Аннотация: Көркөм адабияттын өнүгүүсүнүн ар кайсы баскычтарында сүрөткердин жеке чыгармачылыгынын калыптанышы үчүн фольклордук жанрлар, сюжеттер, мотивдер жана көркөм каражаттар айрыкча мааниге ээ. Макалада жазма адабият менен фольклордук карым-катышы, айрыкча фольклоризм маселеси жөнүндө мурдагы көз караштарга кайрылып, аларга талдоо жүргүзүү менен бирге автор өз байкоолорунда келтирет. “Фольклоризм” деген илимий термин 1930-жылы баштап колдонула баштаган. “Фольклоризм” термини маданияттын түрдүү сфераларында кеңири колдо- нулат, бул жерде адабияттагы колдонулушун каралат. Макалада адабий материал менен фольклордук байланышын терең түшүнүү үчүн адабий фольклоризм маселесинин талаштуу жактары каралат. Түйүндүү сөздөр: фольклор, фольклоризм, адабият, маданият, жазма адабият, көркөм адабият, көчмөн калк, макал-лакап, фольклордук ырлар. Annotation: The study of the problem of folklore is the most relevant in the modern science of folklore. At various stages in the development of fiction, folklore genres, plot motifs, and artistic means become especially significant for the formation of the writer's individual creativity. The article examines the relationship between written literature and folklore, especially the point of view of the problem of folklorism in the past and their analysis. The term "folklorism" began to be used by Soviet scholars as a scientific term back in the 1930s. The term "folklorism" is used in various fields of culture, and in this article we will consider in the literature. Despite the fact that for many years this issue has been studied by literary scholars, folklorists, all the same there is no single theoretical definition of the concept. Keywords: folklore, folklorism, literature, culture, written literature, fiction, settled people, proverbs and sayings, folk songs.

ОСОБЕННОСТИ ПОДГОТОВКИ КАДРОВ ДЛЯ ПЕНИТЕНЦИАРНОЙ СИСТЕМЫ В США

2020 ◽  
Author(s):  
Vladimir Unterov ◽  
Elizaveta Eremeeva
Keyword(s):  
United States ◽  
The United States ◽  
Training System ◽  
Modern World ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
The Russian Federation ◽  
Prison Systems ◽  
Correction System

Статья посвящена изучению зарубежного опыта подготовки кадров для пенитенциарных систем. Его анализ и рассмотрение возможности внедрения отдельных элементов направлены на совершенствование системы подготовки сотрудников для уголовно-исполнительной системы России, повышение их профессионального уровня, что в конечном счете будет способствовать достижению главной цели УИС - исправлению осужденных. Авторы особое внимание уделяют изучению специально-профессиональных и личностных качеств, необходимых сотрудникам пенитенциарных учреждений. В статье рассматриваются особенности подготовки сотрудников пенитенциарной системы в Соединенных Штатах Америки. Важнейшей задачей образовательных учреждений и центров по подготовке кадров для пенитенциарной системы США является обеспечение будущих сотрудников знаниями, необходимыми для выполнения профессиональных обязанностей в рамках предстоящей деятельности. Также авторы подчеркивают важность развития при подготовке будущих сотрудников не только профессиональных, но и личностных качеств.The article is devoted to the study of foreign experience in order to improve the training system for the Russian penal correction system. In particular, the training of prison officials in the United States of America is considered as one of the most developed States in the modern world. The improvement of the training process for the Russian penal correction system implies the development of international cooperation with the prison systems of foreign countries. The study of foreign experience of penitentiary education contributes to the improvement of the professional level of the staff of the Penal Correction Service and, ultimately, to the achievement of the main goal - correction of convicts. The authors pay particular attention to the study of specific professional and personal qualities required by potential prison staff. Since there have been significant positive changes in the formation of professional qualities of the future employee of the Russian penal correction system over the past decade, the main focus of the work is on the formation of personal (universal) qualities of the employee of the Federal Penal Correction Service of the Russian Federation, for which the positive experience of the United States is analyzed.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals ACTIVITY APPROACH AS A PRACTICE-ORIENTED BASIS FOR THE FORMATION OF PROFESSIONAL QUALITIES OF CADETS OF AVIATION NAVIGATORS

2021 ◽  
pp. 126-136
Author(s):  
S.A. Seliverstov ◽  
Keyword(s):  
Educational Process ◽  
Point Of View ◽  
Flight Training ◽  
Professional Activity ◽  
Military Aviation ◽  
Flight Instructors ◽  
Personal Qualities ◽  
Main Components ◽  
The Relationship ◽  
Goals And Objectives

The article discusses the issue of the formation of professionally important qualities (PIQ) in future military aviation navigators in the educational environment of a military university. The goal is to substantiate the activity approach as a practice-oriented basis for the formation of professional qualities in cadets-navigators. A review and analysis of scientific research, publications is carried out, allowing to discover the significance of the activity approach as a methodological direction of research. The methodological basis of the research is the provisions of the activity approach, which are used as the basis for the development and formation of the PIQ among cadets-navigators in the process of a practice-oriented educational process. The description of the results is associated with the characteristics of the content and organization of the professional activity of cadets-navigators in the process of implementation of industrial practice in the form of flight training. Using the activity approach, the main components of the activities of flight instructors, teachers and cadets-navigators are considered, from a unified methodological point of view, and thus the nature of their interaction is revealed. Emphasis have been determined that need to be paid attention to in the course of pedagogical activity on the formation of professional qualities among cadets-navigators. A definition is given and pedagogical technologies are proposed for the formation of professional experience and professional qualities in a future specialist in the context of a practice-oriented pedagogical process. The relationship between the experience gained by the trainee in the practice-oriented pedagogical process and the formation of professionally important personality traits of a specialist is considered. The main goals and objectives for the formation of the necessary professional qualities of cadetsnavigators during flight training have been determined. At the entrance of each stage of flight training, technologies are determined aimed at rational and purposeful impact on the student in order to develop competencies and personal qualities. Recommendations are offered to teachers and instructors to improve the efficiency of development and formation among cadets-navigators of the PIQ.

scholarly journals Interests of participants in technology transfer and the mechanism of their provision

2020 ◽  
pp. 116-121
Author(s):  
Kseniia Ivanova
Keyword(s):  
Technology Transfer ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Protective Mechanism ◽  
Main Body ◽  
Transfer Of Technology ◽  
Innovative System ◽  
The Relationship

Problem setting. One of the subsystems of the National Innovative System is the field of technology transfer. Considering the NIS from the point of view of the interests pursued by its participants (subjects), the mechanism introduced by the legislator, providing legal regulation of certain social relations, directly depends on what interests they pursue. Analysis of recent researches and publications. The following scientists drew attention to the problems of regulation of relations in the field of technology transfer: O. M. Davydiuk, Yu. M. Kapitsa, D. S. Makhnovsky, V. S. Milash, O. P. Orlyuk, B. M. Paduchak, O. E. Simson. However, further study of these relations remains relevant especially in view of the constant updating of current legislation. Target of research is to analyze the mechanisms for satisfying the interests of participants (subjects) of technology transfer, which are introduced in the current legislation and are proposed for the future. Article’s main body. Considering the national innovative system from the point of view of the interests pursued by its participants (subjects), we can distinguish the interests of the author of the technology, recipient, technology donor and the state, whose interests determine the overall vector of the transfer process. The primary subject in technology transfer is the author of the technology – an individual who can act as a direct participant (subject) of technology transfer and be its donor, who independently decides the legal fate of the technology and / or its components. However, the author of the technology may not be a donor when it comes to the relationship between him and his employer as a performer of scientific research and development work for the budget. In this case, although the technology is created by the direct work of the author-employee, property rights to the technology are assigned to the enterprise, research institution, organization or institution of higher education as the executor of these works (organization-developer), and the author is entitled to royalties. Thus, a compromise is reached between the parties and provides the necessary balance of interests of the employer and the author. In the transfer of technology, which occurs through the conclusion of the contract, the interests of the parties to the contract are mutually conditioned. These entities, realizing their property interests, act in contractual relations on the principle of dispositiveness, ie equality of the parties, and the state does not interfere in these relations. And only when the sphere of interests of the subjects of transfer affects the interests of the state, the relationship is complicated by the establishment of additional requirements and / or procedures (in particular, the export of technologies created or purchased from the budget). The interest of the state in this case is due to the purpose of preserving national and technological security, control over the misuse of budget funds during the financing of R & D, solving other strategic tasks. The protective mechanism of legal support of the state’s interests introduced in the Law is implemented through the establishment of requirements for the use of technology and / or their components, created or purchased for budget funds, mainly on the territory of Ukraine; conducting state expertise for technologies and / or their components, which are purchased for budget funds (including through their import). Meanwhile, the world practice is aware of other means aimed at protecting the interests of the state, such as control over the re-export of technology in order to eliminate the possibility of further transfer of technology from its donor to others. Conclusions and prospects for the development. The field of technology transfer is characterized by a combination of imperative and dispositive methods of legal regulation. When concluding a technology transfer agreement, the parties agree on its terms, based on their own interests and the requirements for certain types of agreements. However, lawyers note: the wider the range of interests (individual, group), which are directly or indirectly affected by the contract, the more important should be the degree of legal regulation. Therefore, when it comes to the interests of the state, the legislator should not neglect the ability to imperatively determine the requirements to be met by the parties in technology transfer and which provide for the implementation of additional incentives for the introduction of domestic technologies into circulation, their practical application in production.

scholarly journals MECHANISM OF REPRODUCING TECHNICAL RESOURCES OF ENTERPRISES IN THE PROCESS OF THEIR FUNCTIONING

2021 ◽  
Author(s):  
Olena Bobrovska
Keyword(s):  
Economic Behavior ◽  
Point Of View ◽  
Main Function ◽  
Total Capital ◽  
Economic Transformations ◽  
Definition Of ◽  
Additional Value ◽  
The Cost ◽  
The Relationship ◽  
Cost Characteristics

The specific character of reproducing and maintaining the quality and productivity of technical resources is considered from the point of view of their economic essence and economic behavior in the production process. The views of domestic and foreign scientists are analyzed regarding the subject-functional and monetary definition of the enterprises’ capital, а part of which is the cost of technical resources. Understanding the properties of technical resources as a part of the enterprise total capital allowed identifying the basic statements. The relationship between the reproduction of technical resources and their total value in the process of functioning, namely the turnover and transition of their monetary equivalent to the material equivalent and vice versa has been shown. The steps of movement of the technical resources monetary equivalent are presented and considered in three stages: formation of the stage, at which the enterprise money capital is transformed into technical resources; the stage of technical resources production use and that of resources conversion into monetary form in the process of which the relationship between the state of technical resources capabilities and their cost characteristics changes. The character of economic transformations in the process of movement is described; the method of creating and adding cash flow formed by technical resource, to the money capital of the enterprise is considered. It has been proposed to use a linear rate depreciation accounting, from the beginning of the technical resources acquisition and throughout useful life using of the capital discount rate, in order to prevent partial loss of value of the initial capital invested in technical resources. It has been shown that the use of technical resources is expedient until the value of the monetary product is equal to their discounted price. The research pursued showed that for timely innovative reproduction of technical resources as part of the enterprise capital cost, these resources must perform the main function – that of forming additional value (additional profit).

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

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