Geneza odpowiedzialności państwa za bezprawie legislacyjne

2015 ◽  
pp. 65-81
Author(s):  
Małgorzata Lewandowska
Keyword(s):  
Natural Law ◽  
The State ◽  
Public Authority ◽  
Natural Consequence ◽  
Liability Rules ◽  
Stage Of Development

Indemnification of state for legislator’s actions is a special, far-reaching kind of responsibility according to which, the state is responsible for actions of public authority. But we must remember that the responsibility of the state for the actions of public authority is not unitary, but carried out in the framework of several complementary compensation bodies. There is also no doubt, as shown in the description, that the responsibility of the state for legislature is a legal and natural consequence, having its roots in antiquity /Greece, Rome/. Regardless of its evolution, the accepted thesis that this responsibility is an emanation of liability rules in force at the stage of development of the natural law – is, in my opinion, true. This, in turn, fills with the huge optimism because the principle on the basis of which arose this law – namely – that compensation is payable to the victim from the perpetrator of the damage – despite thousands of years of evolution is still in force although in a modified form. The idea of righteous law, therefore, serving the elimination of lawlessness, continuously evaluates.

scholarly journals “Every Scientifically Educated Lawyer Should be a Cultural Fighter for the Ideals of Law in Life!“ — Nikolay I. Palienko’s Legal and Political Views

Lex Russica ◽  
2021 ◽  
pp. 123-135
Author(s):  
A. S. Tumanova ◽  
A. A. Safonov
Keyword(s):  
Natural Law ◽  
Essential Element ◽  
The State ◽  
Legal Concept ◽  
Late Imperial ◽  
Imperial Russia ◽  
Stage Of Development ◽  
Theory Of Law ◽  
Integrative Concept ◽  
Legal Understanding

. The paper analyzes the legal views of Nikolay I. Palienko, a prominent philosopher of law and a state historian of the beginning of the last century. The authors pay significant attention to the integrative concept of legal understanding that is followed by Prof. Nikolay Palienko. They also substantiate originality and significance of the concept in the light of modernization of the political and legal order in late imperial Russia. It seems that under certain conditions it could serve as a bridge between positivist jurisprudence and the doctrine of “reborn natural law” developed in pre-revolutionary Russia. It was intended to smooth out the contradictions in both doctrines and contribute to the development of a new methodology for law understanding in the context of transformation of the Russian legal system towards establishing institutions of constitutional order.On the basis of published sources, the authors show the evolution of the scholar’s views from the positivist theory of law to idealism that is not properly estimated in the legal literature and is quite typical for the legal scholars of the interrevolutionary period.The authors conclude that Prof. Nikolay I. Palienko scholarship and knowledge allowed him to substantiate his own concept of legal understanding that can be considered integrative on the basis of achievements of the positivist theory of law, philosophy of natural law, psychological and sociological concepts of legal understanding. Prof. Palienko proclaimed the normative nature of law and at the same time expressed ideas of the supremacy of law over the state and the coherence of the state provided by law. An essential element of his legal concept was the legal consciousness of the society, acknowledgement of its role in the course of law education, as well as its establishment as a source of law. Palienko’s idea of legal coherence of the state represents a synthesis of positivism with idealism and leads to a new stage of development of legal methodology and ideology, namely: integrative jurisprudence. Scholar’s political and legal ideas contributed to the development of ideas about the rule of law, which were very popular in Russia during the period of development of representative institutions and constitutionalism.

Formation Of An Estimate For A State Contract With A Firm Price In The Construction Sector

2020 ◽  
pp. 47-57
Keyword(s):  
Construction Projects ◽  
Cost Of Capital ◽  
Federal Budget ◽  
The State ◽  
Structural Elements ◽  
Construction Sector ◽  
Construction Process ◽  
Practical Application ◽  
Stage Of Development ◽  
Capital Construction

The issues of determining the estimated cost of capital construction projects with the involvement of Federal budget funds at the stage of development of project documentation, during verification of the accuracy of determining the estimated cost and the initial (maximum) contract price are considered. On the basis of the assessment of amendments to urban planning legislation for the purpose of implementing a state contract by the contractor ( based on the results of competitive procedures or without competitive procedures by decision of state authorities), the procedure for forming the estimate as part of a state (municipal) contract, the price of which is firm, is presented. For the purpose of mutual settlements between the customer and the contractor for the work performed, the formation of primary accounting documentation, as well as for checking the work performed by regulatory authorities, an example of drawing up an estimate of the state (municipal) contract on the basis of grouping costs according to structural elements and complexes of work is given. The result of the research conducted was the development of regulations and the formation of criteria for their practical application by state bodies, institutions, organizations and other participants in the investment-construction process, as well as recipients of budget funds, who perform the functions of the state (municipal) customer, developer and technical customer.

Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

Prevalence of Oestrus ovis (Diptera: Oestridae) in sheep from Ituiutaba, south-east region of Brazil

2021 ◽  
Vol 22 ◽  
Author(s):  
Henrique Inhauser Riceti Magalhães ◽  
Ana Caroline Romão da Silva ◽  
Fabiano Braz Romão ◽  
Nadia Grandi Bombonato ◽  
Guilherme Nascimento Cunha
Keyword(s):  
Small Ruminants ◽  
Minas Gerais ◽  
The State ◽  
Ovis Aries ◽  
Oestrus Ovis ◽  
Larval Size ◽  
Stage Of Development ◽  
East Region ◽  
Significant Difference ◽  
Complete Study

Abstract Among the diseases which can afflict the nasal cavities of small ruminants, oestrosis stands out. In Brazil, more specifically in its South-East region, the reports are limited only to the State of São Paulo and to the municipality of Araxá, Minas Gerais. Therefore, it has been sought to assess the parasitic prevalence of Oestrus ovis in sheep farmed in the municipality of Ituiutaba, Minas Gerais-Brazil, while correlating the larval size and stage, and its anatomical localization. Eighty-eight hemiheads of healthy Santa Inês/Dorper crossbreds Ovis aries have been used at random. The larvae in view were then collected and fixated to be quantified and analyzed in regard of size and stage of development. It is concluded that the oestrosis is an existing problem in the municipality of Ituiutaba, this being the first complete study on the prevalence of this parasite in the State of Minas Gerais. By anatomical distribution, only the differences of total larval averages between the frontal sinus and the ventral nasal meatus, the common nasal meatus and the nasopharynx have been significant. In size, the significant difference has been there only upon comparison between the size and the larval stage, information that is crucial for a better understanding of the cyclic progression, of the clinical symptomatology, and animal prophylaxis.

Kant’s Naturrecht Feyerabend, Achenwall and the Role of the State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory
Keyword(s):  
Political Philosophy ◽  
Sustained Attention ◽  
Natural Law ◽  
The State ◽  
Natural Rights ◽  
Law System ◽  
Role Of The State ◽  
The Will ◽  
Subjective Rights

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.

scholarly journals SOCIAL STRUCTURE OF ANCIENT RUSSIA

2022 ◽  
pp. 25-29
Author(s):  
Алена Владимировна Искрина
Keyword(s):  
Social Structure ◽  
Social Stratification ◽  
Early Stage ◽  
The State ◽  
Historical Period ◽  
Historical Events ◽  
Main Research ◽  
Stage Of Development ◽  
Political Events ◽  
The Social

В статье рассматриваются особенности формирования социальной стратификации Древней Руси на раннем этапе развития, этапы появления различных страт в зависимости от социально-политических событий с X по XII вв. Предметом исследования является процесс образования социальных страт в древнерусском государстве. Цель статьи - рассмотреть социальное устройство Древней Руси, определить и описать стратификацию и взаимодействие страт между собой, историю изучения данного вопроса, политические события, влияющие на данные процессы. Основным вопросом исследования явились исторические события, оказавшие влияние на формирование социальных страт с X по XII вв., появление социальных страт в данный исторический период и формы их взаимодействия. Отвечая на данный вопрос, автор приходит к выводу, что разложение патриархально-общинного строя, формирование феодального вассалитета, принципа майората, княжеской дружины и другие внутриполитические события повлияли на формирование социальных страт государства. В связи с данными историческими событиями удается проследить этапы происхождения социальных слоев населения, их состав, социальные функции в обществе и государстве. The paper examines the features of the social stratification of the Ancient system at an early stage of development, the stages of the emergence of various strata depending on political events from the 10th to the 12th centuries. The subject of this research is the process of the formation of social strata in the ancient European state. The purpose of the publication is to consider the social structure of Ancient Rus, to determine and describe the stratification and interaction of strata with each other, to study this issue, political events that affect these processes. The main research issue was the historical events that influenced the formation of social strata from the 10th to the 12th centuries, the emergence of social strata in a given historical period and the forms of their interaction. Answering this question, the author arrives at the conclusion that the disintegration of the patriarchal-communal system, the formation of a feudal vassalage, the principle of primacy, the princely squad and other internal political events influenced the formation of social strata of the state. In connection with these historical events, it is possible to trace the stages of the origin of social strata of the population, their composition, social functions in society and the state.

scholarly journals Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 14-18
Author(s):  
V.F. Obolentsev
Keyword(s):  
Rule Of Law ◽  
Systems Engineering ◽  
System Analysis ◽  
Civil Liberties ◽  
System Engineering ◽  
The State ◽  
State System ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
The Law

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

scholarly journals ЛОГІКА ВИКЛАДАННЯ ІСТОРІЇ ДЕРЖАВА І ПРАВА УКРАЇНИ ВІДПОВІДНО ДО КОНСТИТУЦІЇ УКРАЇНИ

2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев
Keyword(s):  
The State ◽  
Public Authority ◽  
Academic Disciplines ◽  
Current Status ◽  
Political Struggle ◽  
Public Authorities ◽  
Developed Country ◽  
History Of ◽  
State Rights

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.

The USA: New Stage of Development

2014 ◽  
pp. 88-97
Author(s):  
N. Zagladin
Keyword(s):  
Tax Policy ◽  
Political System ◽  
The State ◽  
Military Force ◽  
Ruling Elite ◽  
Stage Of Development ◽  
The Us ◽  
The Usa ◽  
Democratic Parties ◽  
The U.S

In today’s world the U.S. ruling elite has proved unable to maintain its claim to world leadership by relying on military force. It was also necessary to make corrections in the budget and tax policy and to limit further increase of the state debt. The problems of choosing political alternatives, however, have provoked a serious conflict between the republican and the democratic parties, involving public movements. In fact, the US political system is in the state of crisis that exerts influence on Russian-American relations.

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