THE SPECIFIC OF HIERARCHICAL COLLISIONS RESOLUTION IN RUSSIAN LAW

2021 ◽  
pp. 34-37
Author(s):  
Наталья Алексеевна Макарова
Keyword(s):  
Law Enforcement ◽  
Special Property ◽  
Basic Rule ◽  
Constitutional State ◽  
Different Types ◽  
Russian Law ◽  
The Moment ◽  
Practical Recommendations ◽  
The Way ◽  
Legal Force

Статья посвящена рассмотрению особенностей и формулированию практических рекомендаций по разрешению иерархических юридических коллизий в российском праве. Автор статьи предлагает трактовать иерархическую (субординационную) юридическую коллизию расширительно: не только как противоречие между двумя или более нормативно-правовыми актами, но и как возможное противоречие между правовыми актами разных типов, включая правоприменительные (индивидуальные) и интерпретационные акты. Подчеркивается, что базовым правилом разрешения любой иерархической юридической коллизии должно быть правило юридической силы. В то же время в настоящий момент в российском праве нормы, определяющие данное понятие, а равно устанавливающие четкие механизмы преодоления юридических коллизий, включая иерархические, отсутствуют. Под юридической силой предлагается понимать особое свойство правовых актов, благодаря наличию которого данные акты формируют иерархию, и нижестоящие акты вышестоящим противоречить не могут. Выдвигается тезис о том, что не типичные иерархические коллизии в праве (коллизии между нормативно-правовым актом, с одной стороны, и правоприменительным или интерпретационным актом, с другой, а равно несколькими правоприменительными и (или) интерпретационными актами между собой) как разновидность иерархической юридической коллизии должны разрешаться с обязательным использованием правила юридической силы. То есть акты нормативного толкования и правоприменения должны быть приравнены по юридической силе к интерпретируемым и применяемым актам. Именно такой путь позволит избежать остановок в работе механизма реализации права, которых, как известно, современное правовое государство позволить себе не может. The article is devoted to the consideration of the features and the development of practical recommendations for resolving hierarchical legal collisions in Russian law. The author of the article proposes to interpret the hierarchical legal collision broadly, not only as a contradiction between regulatory legal acts, but also as a possible contradiction between legal acts of different types. It is emphasized that the basic rule for resolving any hierarchical legal collision should be the rule of legal force. However, at the moment in Russian law there are no norms defining this concept, as well as establishing clear mechanisms for overcoming legal conflicts, including hierarchical ones. It is proposed to understand legal force as a special property of legal acts, due to the presence of which these acts form a hierarchy, and lower-level acts cannot contradict higher-level ones. The thesis is put forward that non-typical hierarchical collisions in law should also be resolved with the obligatory use of the rule of legal force. This means that the acts of normative interpretation and law enforcement should be equated in legal force with the interpreted and applied acts. This is the way to avoid stoppages in the work of the mechanism for the implementation of the law, which, as you know, the modern constitutional state cannot afford.

scholarly journals The Proactive Mode of Public Services Rendering: On the Way to Cancellation of the Declarative Order of Public Services

2021 ◽  
Vol 4 ◽  
pp. 58-61
Author(s):  
Inna A. Pulyaevskaya ◽  
◽  
Ekaterina M. Yakimova ◽  
Keyword(s):  
Law Enforcement ◽  
Public Services ◽  
The State ◽  
Public Authorities ◽  
Application Procedure ◽  
Legal Regimes ◽  
Russian Law ◽  
The Relationship ◽  
The Way

The relationship between society and the State takes various forms. The breadth of such interaction involves the development and implementation of mechanisms of interaction not previously used when extraordinary events occur. The provision of public services with the introduction of extraordinary administrative and legal regimes is at the same time experiencing significant difficulties. The difficulties require the transformation of the system of providing public services not only in order to solve new problems, but also to increase the effectiveness of public authorities with the population when abolishing the extraordinary regime. The authors concluded that in Russian law enforcement practice, the use of an unannounced procedure for the provision of public services should expand. The consolidation of a proactive (proactive) regime is a step in the process of improving the efficiency of public services. However, the movement in the indicated direction must continue. It is necessary to exclude from the legislation the principle of the application procedure for the provision of public services.

Facial recognition technologies and the new physiognomic era

2020 ◽  
Vol 43 (2) ◽  
pp. 45-56
Author(s):  
Abigail Nieves Delgado
Keyword(s):  
Facial Recognition ◽  
Personal Identification ◽  
Digital Photographs ◽  
Different Types ◽  
Recognition Systems ◽  
The Way

The current overproduction of images of faces in digital photographs and videos, and the widespread use of facial recognition technologies have important effects on the way we understand ourselves and others. This is because facial recognition technologies create new circulation pathways of images that transform portraits and photographs into material for potential personal identification. In other words, different types of images of faces become available to the scrutiny of facial recognition technologies. In these new circulation pathways, images are continually shared between many different actors who use (or abuse) them for different purposes. Besides this distribution of images, the categorization practices involved in the development and use of facial recognition systems reinvigorate physiognomic assumptions and judgments (e.g., about beauty, race, dangerousness). They constitute the framework through which faces are interpreted. This paper shows that, because of this procedure, facial recognition technologies introduce new and far-reaching »facialization« processes, which reiterate old discriminatory practices.

Probabilistic Assessment of Reliability and Risk Values by Certification Results

2020 ◽  
pp. 52-67
Author(s):  
Vladimir A. Lapin ◽  
Erken S. Aldakhov ◽  
S. D. Aldakhov ◽  
A. B. Ali
Keyword(s):  
Seismic Risk ◽  
Housing Stock ◽  
Seismic Resistance ◽  
Probabilistic Assessment ◽  
Quantitative Estimates ◽  
Different Types ◽  
Reduce Risk ◽  
First Time ◽  
Structural Solutions ◽  
Practical Recommendations

For the first time in Almaty full passport of apartment stock of multiapartment building was carried out. The structure of the housing stock was revealed with the allocation of groups of buildings according to structural solutions and assessment of their seismic resistance. Based on the results of certification, quantitative estimates of failure probability values for different types of buildings were obtained. Formulas for estimation of quantitative value of seismic risk are obtained. The number of deaths in the estimated zem-shakes was estimated. The results of the assessments will be used for practical recommendations to reduce risk and expected losses in possible earthquakes.

Legislation and the Constitutional Framework

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Legislative Process ◽  
French Law ◽  
Major Overhaul ◽  
Different Types ◽  
The Way

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

What are those without faith doing in liturgical enactments?

2018 ◽  
Author(s):  
Nicholas Wolterstorff
Keyword(s):  
Eighteenth Century ◽  
The Moment ◽  
The Way

Often there are, among those who participate in some liturgical enactment by saying the prescribed words and performing the prescribed bodily actions, some who are lacking in faith: they do not have faith that the doctrines presupposed by the prescribed acts of worship are true. Why do they nonetheless participate in the way described? And what are they doing when they participate? Are they just going through the motions? Is that possible? Or are they, for example, thanking God even though they lack faith that God exists and is worthy of being thanked? Is that possible? These are the main questions addressed in this chapter. The chapter closes with a discussion and appraisal of the sincerity movement in eighteenth-century England, whose members insisted that worshippers should only say what they feel at the moment; to act otherwise would be insincere. And insincerity is a vice.

Imagery in the Book of Revelation

2020 ◽  
pp. 52-67
Author(s):  
Konrad Huber
Keyword(s):  
Reception History ◽  
Book Of Revelation ◽  
Imperial Cult ◽  
Emotional Effect ◽  
Greco Roman ◽  
Different Types ◽  
Figurative Speech ◽  
Theological Message ◽  
Over Time ◽  
The Way

The chapter first surveys different types of figurative speech in Revelation, including simile, metaphor, symbol, and narrative image. Second, it considers the way images are interrelated in the narrative world of the book. Third, it notes how the images draw associations from various backgrounds, including biblical and later Jewish sources, Greco-Roman myths, and the imperial cult, and how this enriches the understanding of the text. Fourth, the chapter looks at the rhetorical impact of the imagery on readers and stresses in particular its evocative, persuasive, and parenetic function together with its emotional effect. And fifth, it looks briefly at the way reception history shows how the imagery has engaged readers over time. Thus, illustrated by numerous examples, it becomes clear how essentially the imagery of the book of Revelation constitutes and determines its theological message.

8. Retrospect of Mental Philosophy (Periodical Literature.)

1880 ◽  
Vol 26 (113) ◽  
pp. 119
Author(s):  
B. F. C. Costelloe
Keyword(s):  
Periodical Literature ◽  
Main Interest ◽  
Intended Meaning ◽  
Border Line ◽  
Emotional Language ◽  
Ordinary Power ◽  
The Moment ◽  
The Brain ◽  
The Way

The first number for the year is not remarkable for any paper of striking value. Readers of the Journal will be chiefly attracted by the long and clearly written resumé of Dr. Hughlings Jackson's recent studies “On Affections of Speech from Disease of the Brain,” which is contributed by Mr. James Sully. He remarks on the great value of Dr. Jackson's attempts to classify the different forms of aphasia under the three main heads or stages of—(1) Defect of Speech, in which the patient has a full vocabulary, but confuses words; (2) Loss of Speech, in which the patient is practically speechless, and his pantomimic power is impaired as well; and (3) Loss of Language, in which, besides being speechless, he has altogether lost the power of pantomime, and even his faculty of emotional language is deeply involved in the wreck. All these states or stages again are, properly speaking, to be distinguished altogether from affections of speech in the way of loss of articulation (owing to paralysis of the tongue, &c.), or loss of vocalisation (owing to disease of the larynx); whereas the three degrees or stages of aphasia proper are due to a deep-seated and severe disorganisation of the brain. The main interest of the theory lies in the ingenious and carefully-argued analysis of the symptoms, by which Dr. Jackson arrives at the theory that as the process of destruction goes on, the superior “layers” or strata of speech fail first—those namely which involve the ordinary power of adapting sounds to the circumstances of the moment as they arise; after them fail the “more highly organized utterances” those, namely, which have in any way become automatic, such as “come on,” “wo! wo!” and even “yes” and “no,” which stand on the border-line between emotional and intellectual language; next fails the power of adapting other than vocal signs to convey an intended meaning, which is called, rather clumsily, “pantomimic propositionising;” and last of all dies out the power of uttering sounds or making signs expressive merely of emotion—a power which, of course, is not true speech at all.

scholarly journals Interdicting International Drug Trafficking: a Network Approach for Coordinated and Targeted Interventions

2021 ◽  
Author(s):  
Luca Giommoni ◽  
Giulia Berlusconi ◽  
Alberto Aziani
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Network Approach ◽  
Targeted Interventions ◽  
Cross Border ◽  
Edge Betweenness ◽  
Different Types ◽  
Social Network Approach ◽  
The Impact ◽  
International Trafficking

AbstractThere is a relative dearth of literature on both the effects of cross-border interdictions and the impact of different types of interventions on international drug trafficking. This study identifies the main trafficking routes for cocaine and heroin, along with comparing the disruptive effects induced by targeted and non-coordinated interventions. It adopts a social network approach to identify the routes along which cocaine and heroin are trafficked, and then simulates the impact of different interdiction strategies on these two trafficking networks. The findings indicate that targeting countries based on their respective positions in the networks, as opposed to on the basis of the quantity of drugs exchanged, is more likely to disrupt drug flows. More specifically, concentrating law enforcement resources on countries with several incoming or outgoing trafficking connections, or those countries that mediate between producer, transit and consumer countries, would appear to be particularly effective in this regard. Interventions focused on specific trafficking routes are also likely to be effective if these routes have high edge betweenness centrality scores. This study contributes to extant understanding on the vulnerability of cocaine and heroin international trafficking networks, and, moreover, demonstrates that empirically-driven strategies are potentially more effective at interdicting international trafficking than non-strategic and non-coordinated interventions.

scholarly journals What (If Anything) Can Justify Basic Income Experiments? Balancing Costs and Benefits in terms of Justice

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Josette Daemen
Keyword(s):  
Policy Making ◽  
Opportunity Costs ◽  
Basic Income ◽  
Costs And Benefits ◽  
Central Thesis ◽  
Expected Benefits ◽  
Future Policy ◽  
Practical Recommendations ◽  
The Way

Abstract The central thesis of this essay is that basic income experiments are justified if their expected benefits in terms of justice exceed their expected costs in terms of justice. The benefits are a function of basic income’s effect on the level of justice attained in the context in which it is implemented, and the experiment’s impact on future policy-making. The costs comprise the sacrifices made as a result of the experiment’s interventional character, as well as the study’s opportunity costs. In light of the proposed standard of justification for basic income experiments, the factors that play a role in it, and the way these interact with one another, this essay provides some practical recommendations for researchers hoping to conduct such an experiment.

Sign in / Sign up

Export Citation Format

Share Document