scholarly journals Legal Impact Theory in the Context of an Integrative Approach to Understanding Law

2020 ◽  
Vol 37 (64) ◽  
pp. 101-110
Author(s):  
Roman R. Palekha ◽  
Valery P. Belyaev ◽  
Valery P. Kanishchev ◽  
Larisa L. Solovyova ◽  
Neonila A. Turanina
Keyword(s):  
Public Life ◽  
Scientific Research ◽  
Fundamental Principle ◽  
Integrative Approach ◽  
Impact Theory ◽  
Legal Nature ◽  
Unity In Diversity ◽  
Favorable Conditions ◽  
Logical Information ◽  
Methodological Ground

The theory of legal impact from the perspective of an integrative approach to understanding law, is a progressive theoretical and methodological toolkit with a high potential of heuristically mastering of various legal phenomena. This theory understood within the framework of an integrative approach, allows us to consider its legal nature, content and essence as fully and thoroughly as possible, which creates favorable conditions for achieving the criteria of scientific research, such as: comprehensiveness, objectivity, and historicism. It is the integrative approach that makes it possible to fully realize such a fundamental principle of scientific research as unity in diversity, to study the nature of the legal impact comprehensively and deeply, as a complex socio-legal phenomenon, determined by various factors of public life. The methodological ground of the examination depends on the utilization of different general logical procedures and techniques for logical information, just as specific logical strategies – recorded legitimate, formal-lawful, relative lawful and interpretative. Results showed that law isn't reducible to the arrangement of lawful standards, it is a lot more extensive and progressively various, which is related with its source, bearer and vehicle - a man, with his intentionally solid willed nature and passionate mental motivations.

The Mechanism Of Implementation Of The Constitution Of The Russian Federation

2019 ◽  
pp. 36-51
Author(s):  
Anatolii Yugov ◽  
Sergey Belykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Cultural Development ◽  
Russian Society ◽  
Legal Nature ◽  
Legal Document ◽  
The Russian Federation ◽  
Favorable Conditions ◽  
Scientific Ideas ◽  
Rational Mechanism

The Constitution, as the main universal and comprehensive legal document, establishes fundamental principles and defines the legal basis for development of public and state life in all politically significant spheres, serves as a guarantor of legitimacy and order, gives a boost to the development of society. The special political and legal nature of the constitution, the issues of its operation and the mechanism of its implementation are of great importance. In accordance to the authors’ approach, the mechanism of implementation of the Constitution of the Russian Federation includes the following components: 1) entry of the constitution into legal force; 2) its functions; 3) constitutional algorithm of unity and differentiation of public authority; 4) forms of implementation; 5) ways of implementation; 6) subjects of implementation; 7) objects of implementation; 8) institutions for modernization; 9) guarantees of implementation. The authors conclude that the modern scientific ideas of a rational mechanism of implementation of the Constitution of the Russian Federation contribute to solving the issues of economic and cultural development of the Russian society, help creating favorable conditions for proper law enforcement, strengthening legitimacy and order.

scholarly journals Владимир Платонович Сукачёв — меценат, общественный деятель, коллекционер, основатель Иркутского областного художественного музея

2021 ◽  
pp. 150-159
Author(s):  
B.S. Shostakovich ◽  
E.S. Zubri
Keyword(s):  
Public Life ◽  
Scientific Research ◽  
Art Museum ◽  
History Of

The article examines the significance of the personality and activities of Vladimir P. Sukachev in the history of public life and culture of Irkutsk. It emphasizes his role as the founder of the Irkutsk Art Museum, the initiator of many scientific research in Siberia and neighboring countries, an intellectual who created a unique example of a “cultural nest” in the Russian province. The main stages of the formation of the collection are presented, a number of the most significant works that make up its core are noted. The study uses a historical and biographical method based on archival sources. В статье рассматривается значение личности и деятельности Владимира Платоновича Сукачёва в истории общественной жизни и культуры Иркутска. Подчеркивается его роль как основателя Иркутского художественного музея, инициатора многих научных исследований Сибири и близлежащих стран, интеллектуала, создавшего уникальный образец «культурного гнезда» в российской провинции. Представлены основные этапы формирования коллекции, отмечен ряд наиболее значительных произведений, составляющих ее ядро. В исследовании использован историко-биографический метод с опорой на архивные источники.

scholarly journals PHILOSOPHICAL AND LEGAL NATURE OF THE LAW PRINCIPLE: METHODOLOGICAL PROBLEMS OF RESEARCH

2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov
Keyword(s):  
Public Relations ◽  
Point Of View ◽  
Integrative Approach ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Nature ◽  
General Scientific ◽  
Methodological Problems ◽  
The Law ◽  
Ontological Aspect

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.

The Revolutionary Conservatism of Normal Science

2020 ◽  
pp. 167-160
Author(s):  
Evgeniy V. Maslanov ◽  
Keyword(s):  
Scientific Community ◽  
Public Life ◽  
Scientific Research ◽  
Normal Science ◽  
Public Attention ◽  
Research Practices ◽  
Technical Problems ◽  
Leading Position ◽  
Science Subject

The article analyzes the functioning of normal science. It has conservative fea­tures and implies the restriction of research practices to solving puzzle, rarely reflects on the ontological assumptions of its own paradigm. Such functioning of normal science allows it to solve a large number of various scientific and sci­entific-technical problems. As a result, normal science is developing quite rapidly. At the same time, revolutionary features can be distinguished in its func­tioning. They are associated with the struggle of each specific normal science for its position in the field of science, in the desire, through the dissemination of the results of its research beyond the scientific community and active participa­tion in the examination, to enlist the support of extra-scientific actors. Alliances with extra-scientific actors allow normal sciences to actively participate in the struggle for the redistribution of public attention and the financing of scientific research. With the help of such alliances, they are trying to introduce the results of their research into industry and public life. The success of such implementa­tions leads to an active redistribution of positions in the field of science. In this case, the revolutionary element of normal science is associated not with the de­sire to reconsider the fundamental ideas underlying it, but in the desire to rebuild the system of relations within the field of science, to take a leading position in it. As a result, it is concluded that the successful functioning of normal science is associated with the desire to make permanent micro-revolutions in the field of science, subject to a conservatively protective attitude to the fundamental as­sumptions of its own paradigm.

scholarly journals The Types of the Charter-Parties in International Commercial Shipping

2019 ◽  
Vol 14 (4) ◽  
pp. 108-130
Author(s):  
Vasiliy N. Gutsulyak
Keyword(s):  
Scientific Research ◽  
The Other ◽  
Unified Approach ◽  
Full Control ◽  
Special Cases ◽  
Legal Nature ◽  
Merchant Shipping

One of the most important tools for the use of sea and river vessels for the carriage of goods is a contract of affreightment (charter party). Under the terms of the charter-party, one party (the shipowner) transfers the vessel or part of its premises to the other party (the charterer) for the established remuneration (the freight).Despite the fact that charter-parties have long been used in the practice of shipping, however, today both in doctrine and in practice there is no unified approach to their classification and understanding of their legal nature.According to the author, at present all charter-parties can be divided into three main types: voyage-charter, time-charter and bareboat-charter (demise-charter). Attempts by some domestic and foreign scholars to identify other types of charter-parties, such as daily-charter, slot-charter, etc., are unreasonable, since other types of charter-parties do not have their own value and are essentially only special cases or combinations of the three above types of charter-parties.A voyage-charter is essentially a contract for the carriage of goods by sea with a stipulation to provide an entire ship, or a part of ship, or specified compartments of a ship for the carriage of goods between ports. The shipowner in this case retains full control over the vessel without any exceptions in favor of the charterer.Under the time-charter the shipowner undertakes to provide the charterer with the vessel and the services of the ship’s crew members for use for a certain period for the carriage of goods, passengers or for other purposes of merchant shipping for a specified remuneration (freight). If the ship is chartered for the carriage of goods, then we are dealing with a contract of the sea carriage. If the vessel is chartered for other purposes, such as marine scientific research, etc., then the time-charter party is a special type of contract (suigeneris).A bareboat charter party is a hiring of the ship alone without crew. Bareboat charter party and demise charter are actually equivalent concepts, if there are differences between them, they are minimal. Their legal nature is absolutely the same, which is based on the transfer of the vessel for a certain period in the full and undivided possession of the charterer.

scholarly journals Charter-Parties and Bills of Lading in the International Carriage of Goods by Sea Contracts

2021 ◽  
Vol 61 (5) ◽  
pp. 139-171
Keyword(s):  
Comparative Study ◽  
Comparative Method ◽  
Scientific Research ◽  
Theory And Practice ◽  
Legal Nature ◽  
The Way

In the scientific research here presented two fundamental documents dealing with formation and execution of the international carriage of goods contracts – charter-parties and bills of lading – have been analyzed. A comparative study of their legal characteristics has been realized in the aim to distinguish them. This is the way to achieve the main goal of this paper – to define these two terms. Thus, they could be completely used in theory and practice. The analyze of legal nature of charter-parties and bills of lading helps to make conclusions on the ground of which some suggestions de lege ferenda to change and improve the legislation have been made. The method used is one of most effective in law – a comparative method.

scholarly journals Information technology in the penitentiary crimes prevention and specific environmental crimes investigation

2021 ◽  
Vol 244 ◽  
pp. 12020
Author(s):  
Dmitry Grishin ◽  
Andrey Nuzhdin ◽  
Talat Suleymanov ◽  
Vera Yakovleva
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Information Technologies ◽  
Statistical Data ◽  
Public Life ◽  
Scientific Research ◽  
Law Enforcement Agencies ◽  
Theoretical Substantiation ◽  
Technological Advances ◽  
The World

In recent years, there has been a tendency in the digitalization of all spheres of public life, the introduction of information technology and the use of technical means. At scientific events of various levels, they discuss the importance, necessity and possibility of using certain achievements of information technology. In Russia and other countries of the world, exhibitions of technical means, security means are annually held (Sfitex, Securexpo, Interpolitech, etc.) where one can witness achievements in this area. Naturally, the results of technological advances began to be actively used in the activities of law enforcement agencies, including the prevention of penitentiary crimes. This article is devoted to the study of use of information technology and technical means in the prevention of penitentiary crimes. This issue has more than once become the object of discussion of scientists and practitioners. Based on the analysis of doctrinal sources, scientific research, statistical data, the article formulates a theoretical substantiation of the importance, necessity and effectiveness of use of information technologies and technical means in the prevention of penitentiary crimes.

scholarly journals Modeling of Intercultural Dialogue in the Globalization Environment

2015 ◽  
pp. 22-27
Author(s):  
Kadyrbech Kh. Delokarov
Keyword(s):  
Scientific Research ◽  
Intercultural Dialogue ◽  
Factors Affecting ◽  
The Social ◽  
New Models ◽  
The Future ◽  
Favorable Conditions

The article throws light on the problem of conceptualization of the intercultural dialogue as a subject of modeling in the social-humanitarian knowledge. The author shows the possibilities to substantiate methodologically the importance of intercultural dialogue for the future of civilization, analyzes the factors affecting the processes of cultures interaction, actualizing the scientific research of new models aimed to reduce the tension and to create favorable conditions for development.

scholarly journals The running of animal shelters by non-governmental organizations

2021 ◽  
Author(s):  
Emil Kruk
Keyword(s):  
Local Government ◽  
Scientific Research ◽  
Animal Shelters ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Legal Nature ◽  
Made In

The article is of a scientific research nature, and its main aim is to discuss selected problems regarding the operation of animal shelters by NGOs. It is worth noting at this point that the study is focused on the presentation of practical aspects of the issue. The research has been aimed primarily at resolving doubts about whether or not NGOs are required to obtain a permit to run a shelter for homeless animals and doubts regarding the legal nature of ‘agreements’ on the operation of animal shelters, concluded by NGOs with competent local government bodies. The findings made in this respect are complemented by comments on the recently proposed amendments to the Act of 21 August 1997 on the protection of animals, which provided for subjective restrictions involving the narrowing of the circle of entities authorized to run shelters for homeless animals and introduced requirements to be met by natural persons involved in running the shelters.

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