scholarly journals Trust Property: Legal Aspects

2020 ◽  
Vol 38 (Especial) ◽  
pp. 383-395
Author(s):  
Oksana Safonchyk ◽  
Kateryna Hlyniana ◽  
Svetlana Mazurenko
Keyword(s):  
Synthesis Method ◽  
Historical Analysis ◽  
Legal Aspects ◽  
Systematic Research ◽  
Analysis Method ◽  
Legal Method ◽  
History Of ◽  
Trust Property ◽  
Anglo American ◽  
Domestic Law

The article is devoted to the history of the emergence and formation of the institution of trust property in relation to various legal systems. The purpose of such a historical analysis of the institution of trust property is to find a possible place of this legal institution in domestic law, because trust property is a relatively new legal construct for Ukrainian law. The relevance of the article is to study the possibility of using the Anglo-American Trust Institute in Ukraine. The object of the study of this article is the legal relations arising from the institute of trust property. Methods of historicism, method of logic, method of analysis, method of synthesis, method of systematic research, and comparative-legal method were used in the study. The authors concluded that the institution of trust property goes back to one of the branches of English law. At the same time, the institution of trust is not inherent in the domestic legal system. However, since the 1990s, the domestic legislator has tried several times to introduce the relevant institution into Ukrainian legislation. So far, all of these attempts have failed.

COMBATING CORRUPTION IN THE HISTORY OF RUSSIAN CRIMINAL LAW

2021 ◽  
pp. 24-28
Author(s):  
Марина Михайловна Василенко
Keyword(s):  
Criminal Law ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
History Of ◽  
The Rich ◽  
Characteristic Features ◽  
Criminal Legislation ◽  
First Time ◽  
Domestic Law

В статье обосновывается актуальность проведенного исследования в области противодействия коррупции; анализируются правовые нормы, предусматривающие ответственность за деяния, имеющие коррупционную составляющую, в памятниках феодального отечественного права, нормативных актах периодов образования централизованного государства Руси и времен сословно-представительной монархии, эпохи становления и развития абсолютизма в нашем государстве. Особое внимание уделено исследованию такого исторического документа, как Уложение о наказаниях уголовных и исправительных, в котором впервые значительно детализированы нормы, предусматривающие ответственность за должностные преступления. Кроме того, изучены и меры противодействия коррупции, отраженные в уголовном законодательстве советского периода. Применение историко-правового метода позволяет выделить наиболее характерные черты коррупционных проявлений и применяемые за них виды наказаний на различных исторических этапах развития отечественного уголовного законодательства, проанализировать продуктивность применения данного правового инструмента в части борьбы с коррупционными правонарушениями. При этом автором делаются выводы о недостаточной эффективности современного уголовного законодательства в вопросе борьбы с должностными преступлениями и необходимости учета богатого опыта отечественного уголовного законодательства в сфере противодействия такому негативному феномену, как коррупция. На основании метода обобщения автором предлагаются конкретные меры, направленные на совершенствование уголовного законодательства в сфере противодействия коррупции. The article establishes the relevance of the conducted research in the field of combating corruption; analysis of legal norms providing for liability for acts that have a corruption component, in the monuments of feudal domestic law, regulations of the periods of formation of the centralized state of Russia and the era of estate-representative monarchy, epoch of formation and development of absolutism in our state. Special attention is paid to the study of such historical document as the Code of Criminal and Correctional Punishments, which for the first time significantly details the norms providing for responsibility for official crimes. In addition, the anti-corruption measures reflected in the criminal legislation of the Soviet period. The use of the historical-legal method to highlight the most characteristic features of corruption and use them for the types of punishment in different historical stages of development of the domestic criminal law, to analyze the productivity of application of this legal instrument in fighting corruption. At the same time, the author draws conclusions about the insufficient effectiveness of modern criminal legislation in the fight against official crimes, and the need to take into account the rich experience of domestic criminal legislation in the field of countering such a negative phenomenon as corruption. Based on the method of generalization, the author suggests specific measures aimed at improving the criminal legislation in the field of combating corruption.

Analisis Historis Pendidikan Islam pada Masyrakat Madinah

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 33
Author(s):  
Fadlil Yani Ainusyamsi
Keyword(s):  
Moral Virtue ◽  
History Of Education ◽  
Historical Analysis ◽  
Moral Values ◽  
Research Data ◽  
Islamic Education ◽  
Data Sources ◽  
Analysis Method ◽  
History Of

This article aims to discover the history of education in the early of Islam in Medina. This research uses a historical analysis method. Research data sources are a number of literatures that is considered valid and credible. This research succeeded in describing several findings. Education pattern of Muhammad in plurality of Medina society tended to be informal, emphasizing the role of family and halâqahs. This study also found historical facts that the values ​​of pluralism, intellectualism, and the spirit of urbanism had become a part of learning and education of Muhammad. The style of the leadership of the Muhammad in the midst of the pluralist society of Medina offers a pattern that is very concerned about the existence of the community students through an example (uswah and qudwah hasanah). In addition, the Prophet taught with full attention and tenderness and humility. He never underestimated someone who came asking for teaching. Islamic education pattern of Muhammad in Medina was marked by a number of characteristics, namely education organized by through the construction of the mosque as a centre of movement, centre of education, and centre of community. The principle carried out by the Muhammad in fostering society is the ethical approach (moral virtue). He believes that moral values ​​not only create peace between individuals in a nation, but also between nations

International Legal Aspects of Regulating the Use of Transboundary Rivers in Central Asia

2019 ◽  
Vol 9 (5) ◽  
pp. 1856 ◽  
Author(s):  
Aigerim Zhunusbekovna ZHUNUSBEKOVA ◽  
Aslan Khuseinovich ABASHIDZE ◽  
Sholpan Valerievna TLEPINA
Keyword(s):  
Water Resources ◽  
Central Asia ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Transboundary Water ◽  
Economic Activities ◽  
Transboundary Water Resources ◽  
Legal Method ◽  
Central Asian

Water resources in Central Asia have always had and continue to have a significant impact on economic activities of the states of the region since all the major rivers here are transboundary and there are disagreements between the countries of the region about water supply and sharing of water resources. There are also disagreements on the application of norms of international law in the sphere of international legal regulation of transboundary water resources. The purpose of this article is to study international legal problems of transboundary water resources use by Central Asia states. In the course of the work performed, general methodological principles are used: system approach when analyzing the conceptual apparatus of the topic; comparative legal method when analyzing international treaties, acts, laws on the use of transboundary waters; method of historical analysis when studying the formation and development of international cooperation of Central Asian states in the field of transboundary water resources use.In this article, based on the study of international legal norms, the practice of their application in the field of cooperation of states on use of transboundary water resources, the problems and prospects for development of international legal regulation of cooperation of states in use and management of transboundary water resources in Central Asian region are identified.

scholarly journals Reconciliation of the Parties as a Way to Solve the Criminal-Legal Conflict

2020 ◽  
Vol 9 (28) ◽  
pp. 288-295
Author(s):  
Oksana Stepanenko ◽  
Andriy Stepanenko ◽  
Alik Israielian
Keyword(s):  
Criminal Responsibility ◽  
Social Values ◽  
Criminal Liability ◽  
Synthesis Method ◽  
Minimum Cost ◽  
Research Topic ◽  
Analysis Method ◽  
Historical Method ◽  
Legal Method ◽  
Logical Method

The article explores the problem of resolving a criminal-legal conflict (which involves a person who has committed a socially dangerous act) through reconciliation. The relevance of the research topic is due to the fact that the legal conflict requires a binding solution, as it affects the most important social values. The purpose of this article is to disclose the nature and importance of reconciliation as a way of resolving a criminal-legal conflict. The authors used an analysis method, a synthesis method, a logical method, a historical method, and a formal legal method to write this article. According to the results of the study, the authors concluded that the application of criminal liability for reconciliation of the perpetrator with the victim is effective for all parties to the criminal-legal conflict. Moreover, for the state as a party to the criminal-legal conflict, such a way of resolving, is also effective because of the fact that the achievement of the tasks of criminal responsibility with the minimum cost of resources is the restoration of the rights of the victim.

scholarly journals Some thoughts on historical and legal aspects regarding the fourth volume of the “Laws of the Great Ming dynasty” translated into Russian. [Review on:] Svistunova N. P. (transl.), Dmitriev S. V. (ed.). Laws of the Great Ming Dynasty with the Combined Commentary and Enclosed Decrees (Da Ming Liuy Tsi Tze Fu Li). Pt. IV. Moscow: Vostochnaya literature; 2019. 550 p.

2020 ◽  
Vol 3 (4) ◽  
pp. 1202-1214
Author(s):  
R. Yu. Pochekaev ◽  
I. V. Tutaev
Keyword(s):  
Ming Dynasty ◽  
Tang Dynasty ◽  
Legal Aspects ◽  
Chinese Society ◽  
Chinese Law ◽  
Russian Scientific ◽  
Legal Method ◽  
Fourth Volume ◽  
History Of ◽  
History Of Law

The article is a survey of the Russian translation of “Laws of the Great Ming dynasty” in four volumes published since 1997 to 2019. The introduction of this legal monument to the Russian scientific society is of great importance as it substantially expands contemporary idea on Chinese traditional legal system and meets a lack in the history of law ofChinain 14th–17th cc.To survey the legal monument there special legal scientific methods were used. Historical legal approach allowed to trace the creation and acting of this codification in the specific historical circumstances, value its urgency for the epoch of Ming dynasty (1368–1644). Comparative legal method gave an opportunity to compare this legal monument with other codifications of traditional Chinese law since the ancient times to the legislation of Qing, last dynasty of the imperialChina(1644–1911). Formal legal approach provided the analysis of the legal technique of the document, specific features of its structure and content, characteristic of legal terminology, etc.The analysis allowed to appreciate the “Laws of the Great Ming dynasty” at its high value as a source on history, state and law of medievalChina. It had similarities and differences with other sources of traditional Chinese law. Besides, it is of great importance for the further development of legislation of imperialChina.The codification is an important document on statehood and law of the Ming China as it contains valuable information on power system and competence of authorities, basic fields of legal relations in the medieval Chinese society. Its structure is traditional (based on the example of codification of Tang dynasty, 618–907), at the same time it has larger volume and regulates new fields of legal relations, takes into account changes in the internal and externaln status ofChinaafter the expelling the Mongolian Yuan dynasty (1271–1368) and foundation of “national” Ming dynasty. Some principles of domestic and foreign policy of Qing dynasty were legally fixed during the epoch of Ming.The analyzed legal monument is of great interest for researchers of the history ofChina, its state and law. In fact, each chapter as well as specific articles and supplement statements could be a subject of investigation. “Laws of the Great Ming dynasty” also could be used by lecturers of history of state and law and for students who study this discipline.

scholarly journals Scientific genesis of operational and search measures to combat intentional homicide by the criminal police

2021 ◽  
Vol 10 (43) ◽  
pp. 200-208
Author(s):  
Yevhen Khyzhniak ◽  
Eduard Rasiuk ◽  
Vadim Chabaniuk ◽  
Yaroslav Myshkov ◽  
Vadym Davydiuk
Keyword(s):  
Crime Prevention ◽  
Scientific Knowledge ◽  
Synthesis Method ◽  
The State ◽  
Dialectical Method ◽  
Research Results ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
History Of ◽  
History Of Prevention

The aim of the article is to consider the scientific genesis of the problem of operational and investigative measures to combat intentional homicide by criminal police units. Subject of research is the stages on development of scientific knowledge on the issue under investigation. Methodology: In the course of the research the following methods are used: analysis and synthesis method, dialectical method, logical and semantic method, historical and legal method, legal modeling method. Research results: The state of scientific researches on the problem of crime prevention by the criminal police in general and intentional homicide in particular was examined. Practical consequences: In the course of the research, the development of scientific knowledge on the prevention of intentional homicide by criminal police units was gradually considered. Value / originality: It is the first study dedicated to the development of the history of prevention of intentional homicide by criminal police units in Ukraine.

Vyshnivetsky Castle Library of Prince Mychailo Servaty Vyshnivetsky – Historical Book Heritage and Object of Bibliological and Historical Reconstruction

2014 ◽  
Vol 3 ◽  
pp. 166-182
Author(s):  
Iryna Tsiborovska-Rymarovych
Keyword(s):  
18Th Century ◽  
Historical Analysis ◽  
Cultural Significance ◽  
Historical Sources ◽  
Cultural Images ◽  
The Enlightenment ◽  
Printed Books ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
Definition Of

The article has as its object the elucidation of the history of the Vyshnivetsky Castle Library, definition of the content of its fund, its historical and cultural significance, correlation of the founder of the Library Mychailo Servaty Vyshnivetsky with the Book.The Vyshnivetsky Castle Library was formed in the Ukrainian historical region of Volyn’, in the Vyshnivets town – “family nest” of the old Ukrainian noble family of the Vyshnivetskies under the “Korybut” coat of arm. The founder of the Library was Prince Mychailo Servaty Vyshnivetsky (1680–1744) – Grand Hetman and Grand Chancellor of the Grand Duchy of Lithuania, Vilno Voievoda. He was a politician, an erudite and great bibliophile. In the 30th–40th of the 18th century the main Prince’s residence Vyshnivets became an important centre of magnate’s culture in Rich Pospolyta. M. S. Vyshnivetsky’s contemporaries from the noble class and clergy knew quite well about his library and really appreciated it. According to historical documents 5 periods are defined in the Library’s history. In the historical sources the first place is occupied by old-printed books of Library collection and 7 Library manuscript catalogues dating from 1745 up to the 1835 which give information about quantity and topical structures of Library collection.The Library is a historical and cultural symbol of the Enlightenment epoch. The Enlightenment and those particular concepts and cultural images pertaining to that epoch had their effect on the formation of Library’s fund. Its main features are as follow: comprehensive nature of the stock, predominance of French eighteenth century editions, presence of academic books and editions on orientalistics as well as works of the ideologues of the Enlightenment and new kinds of literature, which generated as a result of this movement – encyclopaedias, encyclopaedian dictionaries, almanacs, etc. Besides the universal nature of its stock books on history, social and political thought, fiction were dominating.The reconstruction of the history of Vyshnivetsky’s Library, the historical analysis of the provenances in its editions give us better understanding of the personality of its owners and in some cases their philanthropic activities, and a better ability to identify the role of this Library in the culture life of society in a certain epoch.

Pendidikan Karakter Profetik dalam Sirah Nabawiyah (Telaah Kitab al-Râhiq al-Makhtûm Karya Shafiy al-Rahmân al-Mubârakfuri)

2018 ◽  
Vol 6 (2) ◽  
pp. 147 ◽  
Author(s):  
Ahmad Syahid ◽  
H. Husni
Keyword(s):  
Content Analysis ◽  
Data Collection ◽  
Character Education ◽  
Research Method ◽  
Analysis Data ◽  
Educational Goals ◽  
Research Approach ◽  
Analysis Method ◽  
Library Research ◽  
History Of

This study aims to analyze the character values ​​in Sirah Nabawiyah Ar-Rahiq Al-Makhtum by Syafiyyurrahman al-Mubarakfuri, so that it is revealed how the character education of the Prophet Muhammad. and analyze its relevance to current educational goals. The research method used is library research, the type of research approach is deductive and the analysis method is content analysis. Data collection techniques used were library techniques. This research succeeded in proving that prophetic values ​​based on the history of the Prophet Muhammad have a strong relevance to the concept of contemporary character education. Prophetic values ​​loaded with character education in this era, especially related to religiosity, honesty, tolerance, discipline, hard work, creative, independent, democracy, curiosity, national spirit, love of the motherland, respect for achievement, friendship, love for peace , likes to read, care about the environment, care about social, and responsibility.

BIOETHICAL AND LEGAL ASPECTS OF THE USE OF ANIMALS FOR SCIENTIFIC PURPOSES

2020 ◽  
pp. 10-15
Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov
Keyword(s):  
Legal Aspects ◽  
Modern Concept ◽  
Member States ◽  
Ethical Attitude ◽  
Eu Directive ◽  
History Of ◽  
History Of Bioethics ◽  
The Eu

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

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