scholarly journals CLASSIFICATION OF ACTUAL COMPOSITIONS DEPENDING ON THE ORDER OF ACCUMULATION OF ELEMENTS

Author(s):  
E. Yu. Tsukanova

This article analyzes the order of accumulation of elements of the actual composition as a classification criterion for their division into types. Depending on this, the following compositions are distinguished: 1) with the sequential accumulation of their elements; 2) with independent accumulation of elements; 3) built using various structural principles. A logical explanation of the different order of construction of legal facts using the theory of absolute and relative legal relations is given. The relevance of this issue for the modern level of the theory of law is indicated. The conclusion is formulated that relative subjective rights are not, as it were, self-sufficient. They are not able to serve as a means of satisfying interest indefinitely. This right exists only for a limited time and is aimed at achieving such a legal state in which the interest will be ensured through one’s own active behavior. As a result, the temporary order of development of actual circumstances in some situations may have legal significance, and in others — be completely indifferent to future legal consequences.

Author(s):  
Е. В. Яковлева

В статье рассматриваются проблемы, связанные с современным уровнем развития науки и техники. Ставится вопрос о рисках, связанных с интенсивным технологическим развитием человеческого общества. Рассматриваются экологический, социальный, геополитический уровни приложения проблемы. Анализируется концепция Э. Фромма о балансе между техническим и духовным развитием, рассматривается теория А. П. Назаретяна о техно-гуманитарном балансе как условии выживания социальной системы. На основании проведенной в статье классификации исследовательских подходов оценивается роль современных исследований в области научной этики в разрешении проблемы и делается вывод о необходимости выхода на уровень практического ее разрешения. Consideration of the problems connected with the modern level of development of science and technology is made in the article. The question of the risks connected with intensive technological development of human society is raised. Ecological, social, geopolitical aspects of a problem are considered. Fromm’s concept about balance between technical and spiritual development is analyzed, A. P. Nazaretyan’s theory about technical and humanitarian balance as a condition of survival of social system is considered. On the basis of the classification of research approaches which is carried out in article the role of modern researches in the field of scientific ethics in solution of the problem is estimated and the conclusion about need of an exit to the level of her practical permission is drawn.


Author(s):  
Robert Merkin ◽  
Séverine Saintier

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. The performance obligations of the parties to a contract are determined by contractual terms. A breach of contract arises when a party fails to fully comply with a performance obligation, without lawful excuse. If a contractual obligation is strict, failure to comply constitutes a breach of contract regardless of fault. Subject to an enforceable exemption clause, the injured party is entitled to damages to compensate for the loss suffered as a result of the breach. This chapter focuses on breach of contract and its legal consequences. It discusses the election on repudiatory breach, termination or affirmation of a contract, the classification of terms: conditions, warranties and innominate or intermediate terms, the ‘entire obligation rule’, and anticipatory breach.


2015 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Musa Anthony Siregar ◽  
Zulkamaein Koto

<p>This research aim to examined how the legal protection of the existence of structures built in space on the top land from  perspective of Agrarian Law. And how the legal consequences of structures built in space on the top land by build operate transfer system. The discussion and analysis using the theory of law protection supported  by theory of the rule of law and the principles of land law. The research method is normative legal research to obtain the necessary data in connection with the period issues the data secondary data is consisting of primary legal materials.Second- ary legal materials, tertiary legal materials. Data analysis be done with juridical analysis of qualitative Research object is Senen Multipurpose Bridge that was built in space on the top land not on the land where that right is.That  was located between the two buildings and large shopping centre Pasar Senen and Plaza Atrium. Legal protection for the building space on the ground has not been found on the Agrarian  Law. Legal consequences of build operate transfer (BOT) system for the parties oc- cured namely the Provincial Goverment  DKI Jakarta and PT Jaya Real Property Tbk.</p><p>Keywords: BOT system, space land, agrarian law</p>


2016 ◽  
Vol 3 ◽  
pp. 38-45
Author(s):  
Tamara Savchuk ◽  
Andrii Kozachuk

The information model of cloud app was done. It is a formal description of cloud app infrastructure and possible transitions between them, and cloud app current working state classification criterion. Cloud app current state classification criterion on the basis of Page-Hinckley method and calendar of events related to the cloud app working state considers the current state to one of three classes in order to improve the accuracy of prediction of cloud app workload. Proposed criterion was compared with standard offline criterion that analyzes information about the entire time series of cloud app through a considerable time after the events that lead to the load peak, and therefore can’t be used when grading in real time. It is shown that the classification of cloud app state is consistent in 92 % of cases. The resulting information model of cloud app scaling with variable load peaks can be used as a component of information technology for cloud app scaling with variable load peaks.


Author(s):  
Y. B. Zhou ◽  
R. G. Fenton

Abstract This paper covers the following areas: all practical and typical kinematic input pairs used in a single-loop spatial linkage mechanism (SSLM) are classified using a new symbolic system; four basic groups of SSLMs are defined; and a new kinematic structure classification criterion is proposed, which provides a method to determine the maximum finite number of closures for the mechanism and the maximum order of the input-output displacement equation, free of extraneous roots, describing the kinematics of the SSLMs.


2021 ◽  
pp. 44-50
Author(s):  
Alexander M. Ibragimov ◽  
Lyubov Y. Gnedina ◽  
Svetlana V. Gerasimova

This article proposes the usage of alternative energy instead of traditional, as safer, and environmentally friendly for the planet and all humankind in the manufacture of monolithic concrete and reinforced concrete products. Monolithic concreting in the conditions of the construction site is now widespread in the construction industry. The subject of the article is considered of the issues of heat treatment of concrete and acceleration of its hardening processes using solar energy. A brief review and classification of the most well-known and common energy sources used to harden acceleration of the concrete mix such as wind power, biofuels, solar energy, alternative hydropower is given. For consideration in the article offers the solar energy – the energy received from solar radiation. The sun as a source is an inexhaustible and affordable type of energy that supplies energy several times higher than traditional sources. In this regard, attention is paid to this field of alternative energy when using it in various spheres of the national economy, especially in the field of construction. Already existing methods of heat treatment of concrete with the help of solar technology are considered, the modern level of development of these methods is defined and further ways of their development are planned. As an example, a physical and mathematical model of a non-stationary heat transfer process in a flat reinforced concrete structure during its heat treatment using solar energy, considering the hydration of cement, is considered. Analytical expressions are obtained that allow us to model the process at any stage and actively intervene and adjust the external parameters to create rational and comfortable conditions for increasing the strength of concrete.


Author(s):  
Егор Евгеньевич Новиков

В статье рассматриваются юридические факты-состояния, порождающие, изменяющие или прекращающие уголовно-исполнительные правоотношения. Автор на основе анализа дискуссии ученых-юристов, посвященной определению места событий в системе юридических фактов, представил собственную точку зрения, касающуюся роли юридических фактов-состояний в уголовно-исполнительном праве. В работе аргументируется, что состояние следует отнести к одному из видов фактов-событий. Представлена классификация юридических фактов-событий, содержащихся в уголовно-исполнительном праве. Предлагается рассматриваемые правовые явления классифицировать по следующим основаниям: по происхождению (абсолютные (болезнь осужденного/родственников) и относительные (беременность, опьянение, родство); по времени существования (краткосрочные, длительные, постоянные); в зависимости от способности порождать правоотношения (состояния, влекущие стопроцентное возникновение юридических последствий и факты, порождающие возникновение юридических последствий, но при условии участия третьих лиц). The article deals with legal facts-states generating, changing or terminating criminal executive relations. The author, based on an analysis of the discussion of legal scholars devoted to determining the location of events in the system of legal facts, presented his own point of view regarding the role of legal facts-states in the criminal-executive law. The paper argues that the state should be attributed to one of the types of fact-events. The article presents the classification of legal facts-events contained in the criminal-executive law. It is proposed to classify the considered legal phenomena for the following reasons: by origin (absolute (illness of the convict / relatives) and relative (pregnancy, intoxication, kinship); by time of existence (short-term, long-term, permanent); depending on the ability to generate legal relations (conditions entailing 100 % of the occurrence of legal consequences and facts giving rise to the occurrence of legal consequences, but subject to the participation of third parties.


Author(s):  
Maria Perepelytsya

Problem setting. The problem of legalization (laundering) of money and other property acquired by criminal means is of great importance for Ukraine, because the criminalization of the economy is the main threat to the economic security of the state. In order to successfully combat this negative phenomenon, it is necessary to constantly develop and improve the processes of identification and analysis of financial transactions that are the objects of financial monitoring. Detection of such transactions requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. The list of criteria and indicators of suspicion of financial transactions is large and sometimes ambiguous in terms of its interpretation and application. This issues is important because it is about the scope of law, the subjective rights of participants in financial transactions, the ownership of such persons in their assets and the level of trust in entities that provide financial and other services. The purpose of the research is to study the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. Analysis of resent researches and publications. The solution of problems of legal regulation of the national system of financial monitoring in Ukraine (procedures, methods, risks, criteria, indicators etc.) was devoted to the works of such scientists as A. P. Gavrilishyn, I. M. Patyuta, B. M. Surkalo, O. E. Kostyuchenko, K. A. Kryvulya, Zh. I. Dovgan, I. G. Biryukova, V. M. Berizko and others. However, the issue of classifying financial monitoring objects according to the criteria and indicators of suspicion is important and necessary, because it is on such indicators that all activities in the field of financial monitoring are based and the results of such activities depend on their establishment. Article’s main body. The list of criteria and indicators of suspicion of financial transactions and their classification as objects of financial monitoring is quite wide. Their classification according to the relevant criteria is necessary and enshrined in law, which is important to prevent their unrestricted spread. At the same time, the subjects of state financial monitoring at their own discretion, but taking into account the main requirements of the legislation in the field of financial monitoring, develop and establish the grounds for classifying a financial transaction as an object of financial monitoring. In turn, the subjects of primary financial monitoring at their own discretion, but taking into account the rules and subjects of state financial monitoring, supplement, expand and improve this list in order, on the one hand, to prevent the legalization (laundering) of proceeds from illegal by and their entry into the financial system of the state and, on the other hand, compliance with the subjective rights of customers – participants in financial transactions. Conclusions. The article examines the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. It is concluded that the identification of transactions that are the objects of financial monitoring requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. Risk criteria by type of client, by geographical basis, by type of service (product), by service supply channel (product) are considered. Differentiated indicators of suspicion of financial transactions into indicators related to the activities or behavior of the client, indicators related to the financial operations of the client and indicators for different types of products (services). It is emphasized that the problem of defining clear and standard types of criteria and indicators of financial transactions is important and relevant in the current relations in the field of financial monitoring between the state and the participants of the respective financial transactions.


10.12737/5276 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 48-56
Author(s):  
Елена Орлова ◽  
Elena Orlova

The purpose of this article is to describe the legal relations in the field of employment and labor law relations. It is of immediate interest, because it is one of the important legal relations issues in jurisprudence. The article deals with the legal relations in the field of employment, which is of great scientific and practical importance, as it is implemented in legal relations subjective rights and duties of citizens in the field of employment. The analysis of the different viewpoints of scientists who studied the legal relations in the field of employment provides an opportunity to research the legal relations issues in the field of employment. The analysis of relations in the field of employment as “derivative from labor”, “related to labor”, “closely related to labor”, “indissolubly related to labor”, “adjoining to labor”, “elective satellites of labor” allows to research co-relation issues of the legal relations in the field of employment and labor law relation. The author defines a special group of the legal relations in the field of employment with certain characteristics and features. As a result of research all legal relations types of employment are presented and the classification of legal relations types by subject matter is carried out.


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