Problems of Approval the Individual Pension Coefficient in Court

2021 ◽  
Vol 7 ◽  
pp. 80-86
Author(s):  
D. V. Agashev ◽  
Keyword(s):  
Sources Of Information ◽  
Pension Insurance ◽  
Actual System ◽  
Judicial Practice ◽  
Empirical Level ◽  
General Scientific ◽  
The Individual ◽  
Effective Models ◽  
The Right ◽  
Civil Trial

The broadening and toughening the legal requirements as the result of an continuing reform of the pension insurance system which are necessary for accrual the right to them in the coming years will contribute to the growth of the number of trials with the subdivisions of the Pension Fund of Russia. Note that in the actual system of facts that determine the right to an insurance pension, the individual retirement coefficient (IRC) is the most difficult of pension legal relations cases, which requires the formation of new competencies for judges and the development of uniform practice. The purpose of the work is to find effective models of law enforcement, means and methods of protecting the right that eligible of the citizens' interests and standarts-driven of civil trial. The issue of the research are to analyze the effective procedural proceedings applicable to the IRC confirmation. The research is based on open sources of information, including statistical data, special literature, normative legal acts and judicial practice, using General scientific (theoretical and empirical level: dialectical, observation, description) and special legal methods (comparative legal, formal legal, legal modeling) of the study. The article contains grounds of the perfection and ensuring of the systemacy of the individual provisions of the Russian social security law. It concluded that the legal investigation of relevant cases could be carry out both in the action proceedings or special proceedings. The proper mechanism for establishing an individual pension coefficient in the action proceeding should be considered claims for admission illegal the refusal of pension's fixing, as well as for forcing the policyholder (employer) to pay insurance fee. Also proposed to allow in some cases confirmation of the IRC in the order of special proceeding.

scholarly journals Identity of personality and specificity of its self-presentation in virtual communicative space

2021 ◽  
pp. 31-36
Author(s):  
Viktoriia Volynets
Keyword(s):  
Social Networks ◽  
Young People ◽  
The Internet ◽  
Sources Of Information ◽  
Self Presentation ◽  
Virtual Identity ◽  
Slowing Down ◽  
General Scientific ◽  
Human Construction ◽  
The Individual

The purpose of the article is to reveal the features of constructing a personal identity in a virtual environment. Methodology. The choice of research methods is determined by the purpose of the article and the subject of research, in particular, general scientific and empirical techniques are used, based on a systematic approach to the analysis of works on the problems of interpretation of virtual identity. The scientific novelty of the obtained research results lies in the correlation of the essence of the concepts "real identity" and "virtual identity", identifying the features and risks of the formation of the latter. The article highlights the factors of human construction of a "virtual" identity, which often occurs due to dissatisfaction of the individual with his real identity. It is emphasized that virtual reality provides ample opportunities for self-expression and disclosure of personal potential, but the desire to always "be online" affects the physical health of the user, thereby increasing his anxiety, leads to fatigue and irritability, exacerbation of hyperdynamic. The problem of excessive immersion in cyberspace has been identified: by abusing being in it, an unformed personality can lose life landmarks, assimilate programmed solutions and ready-made mental stamps. Conclusions. In social networks, a person can easily create an ideal image of himself, which is less authentic than the real one, because it reflects the individual's idea of an invented, ideal set of their own qualities, which are completed with ready visual, textual and audio network tools. Social "slowing down" in the Internet environment significantly reduces the moral level of communication in social networks and messengers. Even today, the level of trust among young people in semi-anonymous messages on the Internet is higher than in traditional sources of information. At the same time, the unsystematic acquisition of knowledge in this way does not allow young people to form an established picture of the world, leaving it largely fragmented.

scholarly journals Claims for Recognition of a Registered Contract as Terminated and the Right of Obligation as Absent

2021 ◽  
pp. 57-83
Author(s):  
V. A. Boldyrev ◽  
Keyword(s):  
Scientific Methods ◽  
Legal Rules ◽  
Legal Studies ◽  
Judicial Practice ◽  
Legal Method ◽  
Legal Nature ◽  
General Scientific ◽  
The Law ◽  
Time Changes ◽  
The Right

Introduction: claims for recognition of a registered contract as terminated and the right of obligation as absent combine the following features: (1) they are declaratory; (2) belong to the category of negative ones; (3) are not explicitly stated in the law; (4) are recognized by judicial practice; (5) are aimed solely at eliminating legal uncertainty. The unity of features determines the need to analyze these types of claims within a single study. Purpose: to establish the reasons for the occurrence in practice of claims for recognition of a registered contract as terminated and the right of obligation as absent. Methods: general scientific (dialectical) method of cognition of scientific concepts of private law; special scientific methods of cognition: formal-legal method, historical-legal method, method of comparative legal studies, forecasting. Results: the transition of the claim for recognition of the right of obligation as absent to the category of remedies directly referred to in acts of official interpretation of law entails great risks. As soon as the emerging practice is recorded in an act of interpretation, the following will happen. Firstly, the number of cases of its use in practice will be likely to increase, which will entail an increased burden on courts. Secondly, there will appear the prerequisites for the full formal legalization of the phenomenon, as has already happened with the recognition of a contract as not concluded and the recognition of the right to a thing as absent. Should there be no registration actions in the Russian legal system, there would not be so many claims of a negative legal nature recognized by practice, including the claim for the recognition of a registered contract as terminated. Protective legal rules aimed at regulating claim-based relations that have the purpose of ensuring a more stable existence of regulatory relations are often formalized in the law, being widely applied in practice by the time changes are introduced into the law.

“Since I Must Please Those Below”

2015 ◽  
Vol 41 (4) ◽  
pp. 617-655 ◽  
Author(s):  
Thomas D. Holland
Keyword(s):  
Human Remains ◽  
Skeletal Remains ◽  
Next Of Kin ◽  
Ethical Guidelines ◽  
Human Skeletal Remains ◽  
Non Invasive ◽  
Western Law ◽  
The Individual ◽  
Effective Models ◽  
The Right

The ethics of non-invasive scientific research on human skeletal remains are poorly articulated and lack a single, definitive analogue in western law. Laws governing invasive research on human fleshed remains, as well as bio-ethical principles established for research on living subjects, provide effective models for the establishment of ethical guidelines for non-invasive research on human skeletal remains. Specifically, non-invasive analysis of human remains is permissible provided that the analysis and collection of resulting data (1) are accomplished with respect for the dignity of the individual, (2) do not violate the last-known desire of the deceased, (3) do not adversely impact the right of the next of kin to perform a ceremonious and decent disposal of the remains, and (4) do not unduly or maliciously violate the privacy interests of the next of kin.

scholarly journals Adjudicative Refutation of Dubious Information Spread in Social Media

2019 ◽  
pp. 158-169
Author(s):  
Roksolana LEMYK
Keyword(s):  
Social Media ◽  
Property Rights ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
Information Spread ◽  
Standard Information ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Personal Welfare

The following article is a comprehensive rebuttal of dubious information spread throughout the social media, based on scientific materials in judicial practice. It includes the development of theoretical principles as well as practical application of the law in protection of human dignity in civil legal proceedings. The author provides an analysis of standard information, scientific literature and judicial practice as to the steps in the rebuttal in civil legal procedures of dubious information spread throughout social media and provides resolutions and proposals regarding the legal applications in protection of the honour and dignity of persons who intend to dispute such information. The article deals with the judicial components of the offence i.e. spreading of information to at least one person by any means; spreading information which refers to an individual or a legal entity i.e. a plaintiff; spreading dubious information i.e. that is information that does not correspond to the facts; spreading information that violates persona l non-property rights i.e. causes harm to personal welfare or prevents a person from realizing his personal non-property rights completely and timely. The author elaborates on each of these elements to the degree that their sum satisfies the demands of the claim. The form of protection of personal non-property rights, particularly those of dignity and honour, the right to the inviolability of a business reputation, is the choice of the plaintiff. In addition, the plaintiff may choose a general as well as a specific form of protection of his rights set out by the law that regulates specific legal relations. The author considers separately the problem of selecting a respondent (co-respondent) in specific cases (difficult in the selection of an appropriate respondent), where a most defenceless situation is created: without the establishment of appropriate respondents it is impossible both to contest the authenticity of the information which violates the honour and dignity of the individual and to provide compensation for the moral harm.

MANAGING COMPANY INNOVATION IN THE CONTEXT OF GENERATING NEW IDEAS

2018 ◽  
Vol 28 (5) ◽  
pp. 1539-1544
Author(s):  
Iva Bichurova ◽  
Petia Yordanova-Dinova
Keyword(s):  
Innovation Activity ◽  
High Tech ◽  
Sources Of Information ◽  
Technological Basis ◽  
Organization And Management ◽  
New Ideas ◽  
The Individual ◽  
The Right ◽  
Market Relations ◽  
Intellectual Potential

The paper discusses the main sources of ideas in the company, as well as the process of generating new ideas. It is important to note that the units and departments related to the innovation activity of the company are to capture, create and offer a large number of acceptable new ideas that will later develop, implement and successfully become commercialized. The generation of ideas is a creative process for developing novelties and transforming researches into practical solutions. The aggregate qualities of innovation awaken the interest of both parties in market relations - entrepreneurs and consumers. For business, its economic potential, providing renewal, high-tech level, competitiveness, efficiency and profit, is important. Searching for an opportunity to satisfying existing needs in better ways to create new ones is an incentive for buyers.From its external environment, the company receives information and signals of problems, possible ways to solve and ways to improve the technical and technological basis of production, assortment structure, organization and management, market niche, etc. As a result of these phenomena, the main sources of information can be divided into internal, external and mixed. The paper discusses in detail the efficiency of heuristic methods and their variation on the path of generating new ideas. In this respect, the individual methods represent a way to disclosure and use the intellectual potential of the cadres in finding new ways to reach the right solution for innovation.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

ГЕРМЕНЕВТИКА ЛИЧНОСТИ КАК МЕТОД СОВРЕМЕННОЙ ПЕРСОНОЛОГИИ

1970 ◽  
Vol 6 (1) ◽  
pp. 32-42
Author(s):  
Елена Старовойтенко
Keyword(s):  
Text Setting ◽  
Research Setting ◽  
Textual Representations ◽  
General Scientific ◽  
Definition Of ◽  
The Individual ◽  
The Continuum

Персонологическая интерпретация текстов предполагает реализацию общенаучных, а также специфических для персонологии, герменевтических установок, к которым относятся: установка на интерпретацию текста как исследование, установка на разнообразие герменевтических действий с текстом, установка на выявление неисследованных содержаний текста, установка на творческое постижение тайн текста, установка на целостное отношение к личности и "Я" автора текста, установка на выявление способности автора быть "практикующим феноменологом", установка на определение места изучаемого текста в континууме текстовых репрезентаций "личности", установка на соотнесение своего понимания текста с другими интерпретациями и их интеграцию, установка на раскрытие сущности авторской "идеи личности", возможное только в единстве интерпретаций, установка на построение и применение герменевтической модели, определяющей процедуру интерпретации как исследования и творчества, установка на определение места проделанного герменевтического поиска в культуре познания и жизни личности, установка на интерпретацию различных видов "текстов личности". Personological interpretation of texts suggests the implementation of the general scientific and also hermeneutical settings specific for Personology which include the setting of the interpretation of the text as a research, setting of a variety of hermeneutical actions with the text, setting to identify unexplored contents of the text, setting of the creative comprehension of the mysteries of the text, setting of the integrity of the attitude of the individual and the "I" of the author of the text, setting to reveal the author's ability to be "practicing phenomenologist", setting of the definition of the place in the text in the continuum of textual representations of the "personality", setting in the correlation of the understanding of the text with other interpretations and their integration, setting of the disclosure of the author's "ideas person" is possible only in the unity of interpretation, setting of the construction and usage of hermeneutical models defining the procedure for the interpretation of both studies and work, the setting to determine the place of hermeneutical research in culture and knowledge of a person's life, setting of the interpretation of various types of "texts of the individual."

Boundaries of Restricting the Rights of Human and Citizen

2020 ◽  
Vol 26 (2) ◽  
pp. 232-236
Author(s):  
Manol Stanin
Keyword(s):  
Negative Impact ◽  
The Individual ◽  
The Right ◽  
Positive Results

AbstractLimitation of rights is a measure proved its effectiveness with positive results for the community in war, military or another emergency.Attitude to rightsmust be human with a view to the right-to-human relationshipbecause the crossing of a certain boundary leads to a disintegration of rights and a negative impact on the personality.This implies necessity from legal institutionalization of clear criteria to refine the limitation of rights, both for the purpose of their protection and for the purpose of protecting the individual.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

VALUE EDUCATION SYSTEM IN INDIA

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Jyoti Narayan Patra ◽  
Jayanta Mete
Keyword(s):  
Education System ◽  
Personality Development ◽  
The Family ◽  
The Individual ◽  
The Right

Values are like seeds that sprout, become saplings, grow into trees and spread their branches all around. To be able to think right, to feel the right kind of emotions and to act in the desirable manner are the prime phases of personality development. Building up of values system starts with the individual, moves on to the family and community, reorienting systems, structures and institutions, spreading throughout the land and ultimately embracing the planet as a whole. The culture of inclusivity is particularly relevant and important in the context of our society, nation and making education a right for all children.

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