scholarly journals SUBJECT OF FORENSIC EXAMINATION IN CIVIL LAW LEGAL PROCEEDINGS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 121-125
Author(s):  
I. V. Yudin
Keyword(s):  
Civil Law ◽  
Practical Significance ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
Depth Study ◽  
The Subject ◽  
Basic Concepts ◽  
Points Of View ◽  
Judicial Expertise

The subject of judicial expertise is one of the basic concepts in expert activity, which has both scientific and practical significance. Currently, there are several different points of view regarding the concept of “subject of judicial expertise”, which indicates the need for a more in-depth study of this issue

THE CONCEPT AS THE OBJECT OF STUDY OF LINGUISTICS

2020 ◽  
Vol 72 (2) ◽  
pp. 236-242
Author(s):  
K. Galiyeva ◽  
◽  
S. Isakova ◽  
Keyword(s):  
Cognitive Linguistics ◽  
Point Of View ◽  
Subject Areas ◽  
The Subject ◽  
Basic Concepts ◽  
Points Of View ◽  
Definition Of ◽  
Object Of Study ◽  
Linguistic Phenomenon ◽  
Scientific Fields

The article is devoted to the definition of concept in modern linguistics. Various points of view and definitions of the basic concepts are considered: "concept", "conceptual sphere", "content". The aim of the article is to describe and explain such a complex unit as a concept from the point of view of linguistics. The object of research is studied in its various manifestations, the combination of verbal and nonverbal means of information expression in the conceptual sphere is revealed. the relevance of this topic is due to the need for a detailed consideration of the concept of concept based on the works of prominent scientists and linguists. Researchers treat the concept as a cognitive, psycholinguistic, linguocultural, cultural and linguistic phenomenon. The concept is an umbrella term because it "covers" the subject areas of several scientific fields: primarily cognitive psychology and cognitive linguistics.

scholarly journals Fundamentos del método científico

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
M. H Badii ◽  
A. R. Pazhakh ◽  
José Luis Abreu Quintero ◽  
R Foroughbakhch
Keyword(s):  
Data Collection ◽  
Research Methodology ◽  
Literature Search ◽  
Ethical Issues ◽  
Scientific Work ◽  
Scientific Methodology ◽  
The Subject ◽  
Basic Concepts ◽  
Points Of View ◽  
Subject Material

Palabras claves: Ciencia, ECOEE, investigación, métodosResumen. El objetivo de esta obra no radica en realizar una búsqueda exhaustiva de la literatura en el tema, sino, sentar las bases del método científico, notando los aspectos filosóficos e éticos de la ciencia. Se presentan los conceptos y definiciones fundamentales relacionados con la metodología de la investigación científica. Se maneja el concepto de la toma de los datos válidos como un requisito básico en cualquier trabajo científico. Se pone a disposición del lector un modelo denominado el ECOEE que es una herramienta poderosa para establecer puntos de comparación e discusión entre los resultados de diferentes trabajos científicos. Finalmente, ofrece unas sugerencias de que hacer o no hacer en cuanto a realizar un trabajo de investigación.Key words: ECOEE, methods, research, Science Abstract.The aim of this paper is not to conduct a thorough literature search on the subject material, but to stress the fundamentals of the scientific methodology along with the philosophical and ethical issues thereof. The basic concepts and definitions in relation to research methodology are presented. The concept of data collection as a basic requisite in any scientific work is discussed. The ECOEE model as a strong tool in establishing different points of view and comparison among the results of different scientific works are laid out. Finally, some tips and suggestions are given as what to do or to avoid in conducting scientific research.

scholarly journals LINGUISTIC FRAMEWORK OF COMMUNICATIVE IMPACT: THEORETICAL DIMENSION

2021 ◽  
pp. 283-291
Author(s):  
N. V. Kutuza
Keyword(s):  
Theoretical Aspect ◽  
Practical Significance ◽  
Unconscious Processes ◽  
Mental Experience ◽  
Language Communication ◽  
Depth Study ◽  
The Subject ◽  
Theory Of Language ◽  
The Impact ◽  
Theoretical Dimension

The article is devoted to the phenomenon of communicative influence, where the main attention is paid to its theoretical consideration in linguistics. The purpose of our article is to consider the linguistic foundations of communicative influence in the theoretical aspect. The aim is to solve the following tasks: to find out the linguistic nature of the impact; outline the influential potential of language; identify the main factors that laid the foundation of the linguistic doctrine of communicative influence, consider the suggestions of language levels. The object of research was the phenomenon of communicative influence, and the subject was the linguistic component of communicative influence.The theoretical value of our intelligence lies in the deepening of knowledge about the features of communicative influence as a complex phenomenon, in particular the systematization of knowledge about the linguistic component. The practical significance lies in the fact that the obtained results can be used in teaching Vyshiv courses in modern Ukrainian (lexicology, morphology, syntax), stylistics, communicative and psycholinguistics, suggestive linguistics, theory of language communication and others. The close connection of all warehouse communicative influences is outlined ‒ physiological, psychological and linguistic, where the latter is the main, leading. Suggestions / suggestogens of language levels are considered and it is proposed to analyze them according to the degree of intensity of actualization of marked saturation. This word has been proven to be a powerful weapon of conscious / unconscious processes, as it has the ability to reflect and shape mental experience. Penetrating to the level of deep structures with the help of certain words, the addressee can detect the hidden mental processes reflected in the speech patterns of the addressee, and influence them. We see the prospects of the research in further in-depth study of the suggestions of each language level in influential discourses. 

Third-Party Effects of “Res Judicata”: Recent Developments in Italian Law

1986 ◽  
Vol 21 (2) ◽  
pp. 165-176
Author(s):  
Federico Carpi
Keyword(s):  
Legal System ◽  
Third Party ◽  
Legal Proceedings ◽  
Res Judicata ◽  
Modest Contribution ◽  
Cultural Life ◽  
Italian Law ◽  
Recent Developments ◽  
Depth Study ◽  
The Subject

I am very happy and honoured by my friend Prof. Stephen Goldstein's invitation to give my own modest contribution to the vigorous cultural life of this University, and in particular to this seminar, dedicated this year to the in-depth study of that most important subject, “res judicata”.A final judgment represents the coat of arms of judicial activity, that which clearly separates and distinguishes this function distinctly from other functions of the State, i.e., legislative and administrative. In my view, the concept of a final judgment in a legal system, at a particular moment in history, is of unique interest in understanding the structure of that system's legal proceedings, its conception of adjudication and the ideology which inspires it.The subject thus becomes central in the science of legal proceedings; the temptation for me to deal with it at length is very strong. I realize, though, that the usefulness of a survey of a foreign system depends on simplifying and limiting the description. That is why I have singled out one aspect of res judicata, i.e., the finality as part of a judgment, and I have chosen to deal only with recent developments in the Italian doctrine of party limits.

scholarly journals INTEGRATION PROCESSES IN FORENSIC EXAMINATION: ESSENCE AND PROBLEM ISSUES OF COMPREHENSIVE RESEARCHES

2016 ◽  
Vol 16 ◽  
pp. 162-173
Author(s):  
E. B. Simakova-Yefremian
Keyword(s):  
Technological Progress ◽  
Knowledge Integration ◽  
Modern Science ◽  
Scientific Publications ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
The Subject ◽  
Forensic Expert ◽  
Use Of Knowledge ◽  
Comprehensive Studies

Modern science considers the complexity of researches as one of the regularities of the process of cognition. Forensic examination, which is aimed at the use of knowledge accumulated in various fields of science with the purpose of resolving problems of legal proceedings, in the process of scientific and technological progress, is constantly subjected to the influence integration processes taking place in these areas. Scientific publications indicate that the integration of knowledge in forensic examination is an obligate process of its development, one of the main levers of influence on the formation of the foundations of comprehensive forensic expert studies; and now it is gaining more and more in depth and spread. Studying the forms of complexation in forensic examination, it is necessary to start from the analysis of the subject, tasks, objects, parties and techniques of comprehensive studies, since integration processes are realized in the development of forensic examination on the subject of knowledge integration, tasks of forensic, objects, subjects of knowledge integration and methods.

scholarly journals Settlement and Release in European Legislation

2020 ◽  
Vol 89 (2) ◽  
pp. 61-68
Author(s):  
V. V. Rasskazova
Keyword(s):  
Civil Law ◽  
Practical Significance ◽  
The European Union ◽  
Main Method ◽  
Legal Norms ◽  
Legal Method ◽  
New Directions ◽  
The Subject ◽  
Flexible Instruments

Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice. The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries. According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release. The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.

scholarly journals Theoretical and legal aspects of the formation of the subject and object of forensic examination in Ukraine

2020 ◽  
pp. 102-107
Author(s):  
T.V. Shlapko ◽  
D.V. Ponomarenko
Keyword(s):  
Human Life ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Practical Significance ◽  
Forensic Examination ◽  
Subject And Object ◽  
The Subject ◽  
Correct Understanding

The article examines the theoretical and legal aspects of determining the subject and object of forensic examination in Ukraine, their relationship and formation during the examination, based on the analysis of the current state of research and issues of legal regulation. From our research it is seen that the concept of the subject of forensic examination, as one of the fundamental, in the scientific literature has received a lot of attention, because the subject determines the nature and content of expert research, their methodology, etc. However, despite the important theoretical and practical significance, scientifically sound definitions of the subject of forensic examination in both general and specific meanings have not yet been developed. According to the results of the study, the subject of forensic examination is medical and medicalbiological issues that arise during the inquiry, preliminary investigation and trial, while the object of forensic examination is a person and his life. The immediate object is determined by the court when it appointing a forensic examination – it is usually a carrier of evidence in the case. Thus, the subject of the forensic examination is, in generalized form, the identification of patterns and individual features of pathological processes in the human body (or corpse), as well as in the products of human life, which have legal significance and entail certain legal consequences for the case while of establishment by the court of legal facts and causal relations. The article also concludes that the correct understanding of the object is one of the important aspects in the theory and practice of forensic science. This, in particular, is essential for distinguishing types of expertises, determining the competence of the expert, creating appropriate conditions for expert research, and so on.

Absolute relations in the subject of civil law

10.12737/5578 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 69-76
Author(s):  
Камиль Арсланов ◽  
Kamil Arslanov
Keyword(s):  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Practical Significance ◽  
Specific Character ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
The Subject ◽  
The Russian Federation

The article studies one of the central categories of civil law, which is civil legal relations. The category of legal relations that builds the subject of civil law, that receives the cleared fixation in legal acts, including the unified acts (Civil Code of the Russian Federation), causes until present time different discussions in the civil legal science. This is indicated of scientific researches of Soviet and Russian scientists since middle of 20th century. The fundamental division of legal relations into absolute and relative relations tries to earn our interest because of its practical significance. Depending of rating of legal relations to specified kind the optimal mechanism of legal influence on participants of legal relations using of private and / or public legal instruments is defined. Inspite of all these, the subject of this article are first of all absolute legal relations. The author tried to generalize existing concepts in the science of civil law about absolute legal relations, to define the possibility to differentiate absolute and relative legal relations. The question about the possibility of existence of legal relations with elements of absoluteness and relativity, parallel existence of absolute and relative legal relations in connection to the same subject is raised. The specific character of absolute legal relations is analyzed in connection with proprietary legal regulation, regulation in the field of intellectual property rights, protection of immaterial goods and immaterial rights, as well as in connection with relative new field of legal regulation of corporate legal relations. In the article the conclusion about the necessity of resumption of scientific discussion concerning the essence of absolute legal relations and necessity of their cleared definition ad litem is made.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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