scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

scholarly journals The current state of virtualization of sociocultural activity

2021 ◽  
pp. 156-162
Author(s):  
Евгения Михайловна Юркова
Keyword(s):  
Interpersonal Communication ◽  
Scientific Literature ◽  
Rapid Development ◽  
Work Processes ◽  
Information Tools ◽  
Current State ◽  
Wide Range ◽  
The Everyday ◽  
The Subject ◽  
The Individual

В виду бурного развития компьютерных технологий и внедрения информационных средств в повседневную и рабочую жизнь личности мы наблюдаем процесс виртуализации не только культуры, но и социально-культурной активности. В статье рассматривается виртуализация социально-культурной активности в современных условиях. Цель исследования - определить тенденции виртуализации социально-культурной активности. Объект - социально-культурная активность. Предмет - современное состояние виртуализации социально-культурной активности. Задачи исследования: обозначить актуальность рассматриваемой темы; изучить научную литературу по вопросу о негативных тенденция виртуализации социально-культурной активности; определить сущность терминов «виртуализация» и «виртуальная реальность», «виртуализация культуры», «виртуализация социально-культурной активности»; перечислить самые актуальные технологии виртуальной активности; выявить негативные тенденции виртуализации социально-культурной активности. Данный процесс, по мнению автора, является следствием глобальной информатизации, в том числе и социокультурной сферы. По мнению автора, современное состояние виртуализации социально-культурной активности имеет как положительные, так и отрицательные стороны. К положительным автор относит возможность использования безграничного пространства для творчества и самореализации, а также развитие широкого спектра предоставляемых обучающих программ - мастер-классы, марафоны, курсы и прочее; сохранение межличностного общения с помощью современных мессенджеров и приложений и упрощение коммуникации рабочих процессов. В работе приводятся и негативные стороны процесса виртуализации социокультурной активности, такие как гедонистичность, обезличивание и стандартизация личности, чрезмерная свобода действий. В заключение автор отмечает, что значимость негативных тенденций возрастает и процесс виртуализации социально-культурной активности может быть контролируемым, а именно - трансляция качественного цензурного контента, ограничение деструктивных действий, блокировка нарушителей. In view of the rapid development of computer technologies and the introduction of information tools into the everyday and working life of the individual, we see the process of virtualization not only of culture, but also of sociocultural activity. The paper discusses the virtualization of sociocultural activity in modern conditions. The purpose of the study is to identify trends in the virtualization of sociocultural activity. The object is sociocultural activity. The subject is the current state of virtualization of sociocultural activity. Research objectives are: to indicate the relevance of the topic; to study scientific literature on the issue of negative trends in virtualization of sociocultural activity; to determine the essence of the terms "virtualization" and "virtual reality", "culture virtualization", "virtualization of sociocultural activity"; to list the most relevant virtual activity technologies; and to identify negative trends in virtualization of sociocultural activity. This process, according to the author, is a consequence of global informatization, including the sociocultural sphere. According to the author, the current state of virtualization of sociocultural activity has both positive and negative aspects. As positive aspects, the author includes the possibility of using unlimited space for creativity and self-realization, as well as the development of a wide range of training programs provided - master classes, marathons, courses, etc.; maintaining interpersonal communication using modern instant messengers and applications and simplifying communication of work processes. The work also cites the negative aspects of the process of virtualization of sociocultural activity, such as hedonism, depersonalization and standardization of the person, excessive freedom of action. In conclusion, the author notes that the importance of negative trends is increasing and the process of virtualization of sociocultural activity can be controlled, namely, the translation of high-quality censorship content, limiting destructive actions, and blocking violators.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals Legal status and labor legal entity in the science of labor law

2021 ◽  
pp. 185-188
Author(s):  
A. Markin ◽  
L. Timchenko
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Labor Law ◽  
Legal Protection ◽  
Protective Function ◽  
Legal Personality ◽  
Hired Labor ◽  
Definition Of ◽  
The Individual ◽  
Economic Formation

The article is de-voted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods.  The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.

scholarly journals Social Sphere as an Object of Legal Regulation and Legal Forecasting

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 106-124
Author(s):  
K. V. Agamirov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Dynamics ◽  
Legal Regulation ◽  
Social Needs ◽  
Legal Institutions ◽  
Social Sphere ◽  
Cultural Conditions ◽  
The Future ◽  
The Individual

The importance of legal forecasting lies in the study of legal phenomena and processes that occur under the influence of economic, political, demographic, ideological, and international factors of change, and in the development of proposals for the optimal development of legislation for their subsequent inclusion in legislative work plans. The main methodological problem of legal forecasting is to reveal the essence of the category "legal system and the future", the dynamics of which determines the quality of predictive research at all levels: strategies for the development of Russian legislation; legal institutions; legal education and law making; legal behavior of the individual (sociological aspect of forecasting). Representing a system of certain theoretical principles, forms and methods, as well as epistemological regularities for obtaining probabilistic judgments about the future state of legal and state phenomena and processes, the methodology of legal forecasting is aimed at improving the effectiveness of normative acts in all branches of law. It determines the most rational ways of developing the legal system as a whole. The paper analyzes the state of legal regulation in the field of maternal, child and family protection, social security, labor relations and some other areas of social reality. Using legal methods of forecasting, the author sketches the socio-legal institutional and industry models based on political-legal, socio-economic and spiritual factors, which are important landmarks to improve social relations, legal institutions and standards. The author proposes specific measures for the modernization of the legislative institutions in the socio-legal environment corresponding to the socio-cultural processes taking place in society and expected changes in the socio-cultural conditions in the future based on experienced or anticipated social needs. Conclusion: the current stage and social dynamics of social development require urgent legislative measures to ensure a decent human existence and implement the provision of article 2 of the Constitution of the Russian Federation on his rights and freedoms as the highest value.

Complex Branches in the System of Law and in Legislation System

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Евгений Тонков ◽  
Evgeniy Tonkov ◽  
Владимир Синенко ◽  
Vladimir Sinenko
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Individual Branch ◽  
Essential Unity ◽  
Single Method ◽  
Methodological Approaches ◽  
The Individual ◽  
Law Construction ◽  
Qualitative Characteristics

The article deals with the reasonableness of inclusion into legal science and system of law new complex branches of law. It often occurs in spite of the generally recognized principles of systems of law construction. The authors criticize the constant increase in the number of complex branches of law, assuming that complex branches can only exist in legislation. Isolation of complex branches in the legal system is an attempt to summarize the phenomenon on the basis of different methodological approaches. Formation of the system of law as opposed to the system of legislation is carried out on the basis of essential unity but not functional unity relations. Essential unity of social relations is characterized by the homogeneity of their qualitative characteristics due to socio-economic basis prevailing in a society. The building of the legal system on the basis of essential unity of the controlled relationship allows to apply a single method of legal regulation and to identify the presence of systemic relations between the norms of the individual branch of law and specific principles of legal regulation.

scholarly journals Some issues of improving the rule and order in the light of the problem of implementing the initial norms (on the example of the norms of penal law)

2019 ◽  
Vol 13 (2) ◽  
pp. 186-192
Author(s):  
E. V. Svinin ◽  
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Practice ◽  
Law And Order ◽  
Social Efficiency ◽  
Penal Law ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Primary Form

The subject of research is social relations in the field of improving the law and order. The purpose of the study is to provide a general theoretical analysis of the characteristics of the implementation of initial norms for the development of proposals for improving the law and order. In legal science there is an ambivalent attitude towards the initial norms: on the one hand they are recognized as fundamental for the organization of the system of legal regulation. On the other hand the forms of implementing the initial norms are practically not studied. Applied value for the improvement of legal regulation and the state of the rule of law is minimal. The lack of scientific knowledge in the field of the implementation of the initial norms indicates the incompleteness of the particular theory of right-realization. The study of this problem will make it possible to intensify the efforts of scientists in the scientific understanding of the system of legal regulation, the effectiveness of law and order. The implementation of the initial norms is two-level in nature: the primary form of implementation are the norms – behavior rules and their complexes (institutions and industries), secondary (subsequent) – is legal practice which allows to comprehensively assess the legal and social results of legal regulation. Low social efficiency the contradiction between the legal and social results of legal regulation indicate that legal practice is not a form of implementation, but a violation of initial norms. Lawful practice acquires socially destructive features, which makes it necessary to improve the law and order by amending legislation. The findings of the study can be used in studying the problem of the effectiveness of legal regulation, the development of measures to improve the criminal and penal policy.

scholarly journals LEGAL SYSTEM, SYSTEMATIC LAW, SYSTEMIC APPROACH IN LAW AND THE CATEGORIES OF GENERAL, PARTICULAR AND INDIVIDUAL

2020 ◽  
pp. 20-30
Author(s):  
E.A. Kulikov
Keyword(s):  
Augmented Reality ◽  
Rule Of Law ◽  
Legal System ◽  
General Rule ◽  
Legal Regulation ◽  
The Other ◽  
Positive Law ◽  
Closed Systems ◽  
The One ◽  
The Individual

The article is based on the interconnection of the systemic method of cognition of legal phenomena, thespecifics of the legal “augmented” reality and the categories of the general, special and singular. Consistencyin law manifests itself in the process of ascent from the abstract to the concrete — from extremely generallegal phenomena and concepts to individual legal phenomena and concepts. The dialectic of the general,the particular and the individual is also based on this. The general rule of law receives a specification in thesystemic nature of positive law, which, in turn, is reflected in the elements of positive law. General conceptsof the elements of the system of law, for example, branches of law, on the one hand, are universal for theconcepts of special phenomena within the framework of branch sciences, on the other hand, due to the lawsof the categories of general, particular and individual, they subordinate the meanings of these concepts.Sectoral concepts should be meaningfully fit into general theoretical ones, in principle they cannot disagreewith them, otherwise they will not be related as general and special. Ignoring the dialectics of the general,the particular and the individual, as the logic of existence and development inherent in closed systems, canlead to a distorted reflection of reality and defects in legal regulation.

scholarly journals Models of legal regulation of sales of personal weapons in foreign countries (on the example of the United States, Germany, and Japan)

2020 ◽  
pp. 39-51
Author(s):  
Oleg Ivanovich Beketov ◽  
Aleksei Davidovich Maile ◽  
Ol'ga Sergeevna Goman ◽  
Vadim Igorevich Surgutskov
Keyword(s):  
United States ◽  
Social Relations ◽  
Social Issues ◽  
The United States ◽  
Legal Regulation ◽  
Historical Experience ◽  
Current State ◽  
Foreign Countries ◽  
The Social ◽  
The Subject

The object of this research is the social relations established with regards to the sales of personal weapon in the United States, Japan, and Germany. The subject of this research is the legislation of the aforementioned countries, which regulates the sales of weapon for civilian population. The key goal lies in elaboration of the models of legal regulation of the sales of personal weapons based on the analysis of normative legal acts. The article reveals the peculiarities of establishment, development, and current state of legal regulation of sales of personal weapons abroad using the example of three countries – United States, Germany, and Japan. The scientific novelty of the conducted research consists in description of the three contrasting models of legal regulation of sales of personal weapons: liberal-permissive, prohibitory-paternalistic, and combinatory. The conclusion is made that the choice of the method of legal regulation of sales of personal weapons depends on the objective factors the country exists in, namely: social, political, cultural, ideological, religious, as well as historical experience of the country, regulation of domestic social issues, population mentality, presence or absence of the “war status”. There is yet no universal model for regulation of the sales of personal weapon. Most efficient implementation of the indicated models is possible only in case of the balanced consideration of all objective actors for each particular country.

PHILOSOPHICAL PROPAEDEUTICS IN THE SYSTEM OF PRESCHOOL EDUCATION

2020 ◽  
Vol 22 (11) ◽  
pp. 11-15
Author(s):  
Gan N.Yu. ◽  
Ponomareva L.I. ◽  
Obukhova K.A.
Keyword(s):  
Modern Science ◽  
Preschool Education ◽  
Modern Society ◽  
Social Relevance ◽  
The Social ◽  
Moral Problems ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
And Training

Today, worldview, spiritual and moral problems that have always been reflected in education and upbringing come to the fore in society. In this situation, there is a demand for philosophical categories. One of the priority goals of education in modern conditions is the formation of a reasonable, reflexive person who is able to analyze their actions and the actions of other people. Modern science is characterized by an understanding of the absolute value and significance of childhood in the development of the individual, which implies the need for its multilateral study. In the conditions of democratization of all spheres of life, the child ceases to be a passive object of education and training, and becomes an active carrier of their own meanings of being and the subject of world creation. One of the realities of childhood is philosophizing, so it is extremely timely to address the identification of its place and role in the world of childhood. Children's philosophizing is extremely poorly studied, although the need for its analysis is becoming more obvious. Children's philosophizing is one of the forms of philosophical reflection, which has its own qualitative specificity, on the one hand, and commonality with all other forms of philosophizing, on the other. The social relevance of the proposed research lies in the fact that children's philosophizing can be considered as an intellectual indicator of a child's socialization, since the process of reflection involves the adoption and development of culture. Modern society, in contrast to the traditional one, is ready to "accept" a philosophizing child, which means that it is necessary to determine the main characteristics and conditions of children's philosophizing.

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