scholarly journals Heuristic Potential of Sammy Smooha Ethnic Democracy Concept

2021 ◽  
Vol 39 (68) ◽  
pp. 243-250
Author(s):  
Vladimir Dubrovin ◽  
Yulia Solovarova ◽  
Aigul Zaripova ◽  
Aidar Zakirov
Keyword(s):  
Ethnic Minority ◽  
National Development ◽  
Main Idea ◽  
The State ◽  
Point Of View ◽  
Political Regime ◽  
Conditions Of Stability ◽  
Ethnic Nation ◽  
The Right ◽  
Key Aspects

The article next to the hermeneutic methodology examines the key aspects of a special model of political regime: the "ethnic democracy" of S. Smooha, which is based on the idea of the development of an ethnic nation in a state. According to this author's point of view, the main idea of this form of stability is the absolute control of the ethnic majority over the minority. It examines the reasons for the emergence of "ethnic democracy", the characteristics of its implementation in practice and the conditions of stability. When this model is implemented in practice, the State pursues the objective of central ethnic-national development in the country, as well as its isolation from other ethnic groups. Under the concept of "ethnic democracy" the ethnic minority is granted limited rights, the state constantly monitors its scope, considering the interests of the "main" nation. It is concluded that the implementation of the "ethnic democracy" model deliberately violates the right to self-identification of a part of the population (ethnic minority), therefore "ethnic democracy" is an element of state policy that addresses inequality or a desire for total assimilation.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals Disputes Resolution

Sæculum ◽  
2019 ◽  
Vol 47 (1) ◽  
pp. 73-83
Author(s):  
Ionel Nariţa
Keyword(s):  
The State ◽  
Point Of View ◽  
Reference Mark ◽  
Objective Reference ◽  
The Individual ◽  
The Right

AbstractBy „dispute” we mean an argumentative dialog where each of the two parts state opposite theses. Two sentences can be contrary if they have similar reference, but incompatible predicates (SIP – sentences with incompatible predicates). Usually, the disputes are solved using force in different ways, but that does not mean that the winner is right and his thesis is true. Therefore, we cannot evaluate a thesis on the ground of its success, but we need a reference mark for that. According to the Sophist school, the individual is the only reference mark, so any SIP is equally justified. The absolutist point of view claims that there is an objective reference mark and, consequently, the truth is, at its turn, objective and unique. Finally, the relativist orientation rejects any objective reference mark, but the right thesis is not arbitrary, as the sophists thought, it is true relatively to the state of the evaluator to a given moment. It follows that, for any evaluator, at a moment of time, only one SIP is true.

scholarly journals SEGURIDAD Y JUSTICIA BAJO ACOSO EN TIEMPOS DE VIOLENCIA NEOLIBERAL: las respuestas de la policía comunitaria de guerrero

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
The State ◽  
Community Police ◽  
El Sistema ◽  
The Right ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.

scholarly journals THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

2021 ◽  
Vol 75 (2) ◽  
pp. 52-59
Author(s):  
Victoria Shekhovtsova ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Point Of View ◽  
Property Right ◽  
Intellectual Property Right ◽  
Creative Activity ◽  
The Right ◽  
Intellectual Potential

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

scholarly journals The Frit Ceramic from the Tsarevskoye Settlement in Storage of the State Historical Museum

2021 ◽  
Vol 2 (36) ◽  
pp. 93-106
Author(s):  
Ekaterina M. Boldyreva ◽  
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Main Idea ◽  
The State ◽  
Point Of View ◽  
Frequency Of Use ◽  
Local Residents ◽  
Decorative Design

The article contains the results of analysis of frit ceramic and tiles, originating from the excavation and collections from the Tsarevskoye settlement, which are stored in the Golden Horde stock of the State Historical Museum. The accumulation of the materials occurred from the second half of 19th century until the second half of 20th century. There are gifts of local residents, purchases of the famous collectors of that time, items from the excavations of A.V. Tereshchenko and the materials of the Volga archaeological expedition. The main idea of this work is to bring together all frit ceramic of different time collections and analyze from the point of view of technological, morphological and decorative features of its production. It is necessary to consider how the composition of the frit dough affected the decorative design of the surface and the shape of the vessel, to identify the most stable combinations between the composition of the dough, the type and color of the covering glaze and decor. It is necessary to track the frequency of use of transparent and opaque glazes, their correlation with overglaze or underglaze decor or lack of it, to identify the most characteristic colors of glazes for the monument and ways to apply them. For this goal, all items were collected in a common database, where all the features were entered and a step-by-step analysis of each fragment was performed from at least eight positions.

scholarly journals STACK with state

2017 ◽  
Vol 15 (2) ◽  
pp. 60 ◽  
Author(s):  
Matti Harjula ◽  
Jarmo Malinen ◽  
Antti Rasila
Keyword(s):  
Finite State Machine ◽  
State Machine ◽  
The State ◽  
Point Of View ◽  
State Variables ◽  
State Variable ◽  
Finite State ◽  
Input Event ◽  
Single Input ◽  
The Right

The question model of STACK provides an easy way for building automatically assessable questions with mathematical content, but it requires that the questions and their assessment logic depend only on the current input, given by the student at a single instant. However, the present STACK question model already has just the right form to be extended with state variables that would remove this limitation. In this article, we report our recent work on the state-variable extension for STACK, and we also discuss combining the use of state variables with our previous work on conditional output processing. As an outcome, we propose an expansion to the STACK question model, allowing the questions to act as state machines instead of pure functions of a single input event from the studentWe present a model question using the state variable extension of STACK that demonstrates some of the new possibilities that open up for the question author. This question is based on a finite state machine in its assessment logic, and it demonstrates aspects of strategic planning to solve problems of recursive nature. The model question also demonstrates how the state machine can interpret the solution path taken by the student, so as to dynamically modify the question behaviour and progress by, e.g., asking additional questions relevant to the path. We further explore the future possibilities from the point of view of learning strategic competencies in mathematics (Kilpatrick et al., 2001; Rasila et al., 2015).

scholarly journals The Mayor’s career in “The Government Inspector”. On Nikolai Gogol’s political views

Literary Fact ◽  
2020 ◽  
pp. 237-282 ◽  
Author(s):  
Igor Vinogradov
Keyword(s):  
The State ◽  
Point Of View ◽  
Political Regime ◽  
Royal Power ◽  
Political Views ◽  
State Administration ◽  
Hidden Agenda ◽  
The Social ◽  
Characteristic Features ◽  
The Government

The paper is devoted to the study of Nikolai Gogol’s idea of the social and official status of the Mayor, the character of a “head official” in the satirical comedy The Government Inspector. So far Gogol’s view of his character as a raznochinets, a “mean plebeian”, who blemished his rank and position, hasn’t been considered by the scholars. In Gogol’s opinion, Skvoznik-Dmukhanovsky, who started his career from the lowest position and acquired his rank and title of nobility with “hard service”, nevertheless hasn’t become a true nobleman because of his bribery and corruption. From this perspective, the character of the Mayor helps to better understand the purpose of Gogol’s satire. Both in The Government Inspector and The Gamblers, another Gogol’s play, that has much in common with his most famous comedy, the satire is not aimed at “those in power”, nor the “state machine”, but at all kinds of frauds and swindlers among officials. Critically examining the state administration in Russia, Gogol shows them through the eyes of a high-ranking, responsible official who takes the problem very much to heart. This point of view resonated with that of the Emperor Nicholas I: it took his personal intervention to have the play published and staged. The paper consists of five parts: 1. The Mayor’s career; 2. Character archetypes in The Tale of How Ivan Ivanovich Quarreled with Ivan Nikiforivich and The Government Inspector; 3. Characteristic features of an “average official” in Gogol’s works; 4. The Mayor as a liminal character; 5. Gogol’s use of satire. The paper is based on extensive factual material that allows to trace in detail the Mayor’s career and to specify Gogol’s idea of the comedy as a satiric play aimed at obnoxious saboteurs, both nobles and commoners, who subvert the royal power and the state with their unworthy behavior, who are unfit for the positions they occupy and unable to meet the requirements of the supreme authority. The milestones of the Mayor’s career clearly confirm Gogol’s words that “the government consists of us, we climb the career ladder and make up the government”, that “the occupant of the position is to be blamed, and he is our brother”, and that readers and should be able to find with themselves the faults satirized in the comedy. With utmost sincerity and acuteness Gogol advocates healing self and society, extirpation of vices without the hidden agenda of changing political regime. The paper for the first time considers the connection between two scenes (“Anna Andreevna and Maria Antonovna”. “Khlestakov and Rastakovsky”) published in 1841 and the idea of The Government Inspector

scholarly journals As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 585
Author(s):  
Luiz Henrique Urquhart Cademartori ◽  
Noel Antônio Baratieri
Keyword(s):  
Public Education ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Future Generations ◽  
Constitutional Amendment ◽  
Right To Education ◽  
Constitutional Evolution ◽  
The One ◽  
The Right

As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação Resumo: O artigo aborda os limites e as possibilidades de alteração de normas constitucionais que garantem vinculação orçamentária para funções típicas do Estado tais como a Educação Pública. O problema é saber se uma emenda constitucional supressiva da referida garantia orçamentária seria constitucional ou não. A hipótese que se suscita neste estudo procura delinear em que medida seria inconstitucional tal adoção, posto que estaria restringindo, indiretamente, um direito fundamental, no caso o direito à educação, mas, ao mesmo tempo, esta simples constatação encontraria entraves sob a ótica de uma democracia intergeracional. Considera-se, de uma parte, o direito à educação é protegido, originariamente, no âmbito constitucional brasileiro como cláusula pétrea, mas, de outra, gerações futuras ou problemas conjunturais governamentais posteriores à 1988 podem questionar a legitimidade de normas fundamentais originadas em contexto sociopolítico anterior. Para o desenvolvimento deste trabalho, primeiramente analisam-se as cláusulas pétreas e os limites ao poder reformador. A seguir, estudam-se as referidas cláusulas e a sua evolução constitucional. Posteriormente, faz-se uma análise da constitucionalidade de eventual emenda que suprima a vinculação obrigatória de receitas para a educação sob o prisma da proibição de retrocesso. Palavras chave: Cláusulas pétreas. Constituição. Educação. Retrocesso. Receitas públicas. Safeguard clauses: the possibility of constitutional reviewing the bonded educational income Abstract: The article deals with the limits and possibilities of altering constitutional norms that guarantee budgetary linkage to functions typical of the State as a Public Education. The problem is whether a constitutional amendment suppressing the standard budget guarantee would be constitutional or not. The hypothesis that arises in this study looks for what is necessary, is not a fundamental right, is not a case, but the same, this is a finding found obstacles from the point of view of an intergenerational democracy. It is considered, on the one hand, that the right to education is protected, originally, it is not very Brazilian constitutional as a stony clause, but, on the other hand, future generations or post-1988 governmental conjunctural problems may question the legitimacy of fundamental norms originated in context previous sociopolitical. For the development of this work, firstly they are analyzed like stone clauses and the limits to the reformer power. Next, they are studied as clauses of clauses and their constitutional evolution. Subsequently, an analysis is made of the constitutionality of any amendment that abolishes the mandatory binding of transfer to the critic of a prison of prohibition of retrocession. Keywords: Constitution. Education. Public income. Regression. Safeguard clauses.

scholarly journals DERIVING FROM THE BASIC LEGAL AND DEMOCRATIC RULE OF THE STATE AND THE RIGHT OF THE PERSON IN PRINCIPLE TO CARRY OUT MATERIAL-LEGAL CLAIMS ONLY IN PART AS AN EXPRESSION OF A LEGAL AND DEMOCRATIC STATE

2021 ◽  
pp. 57-64
Author(s):  
Reinis Odiņš
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Point Of View ◽  
Normal Theory ◽  
The Rule Of Law ◽  
Democratic State ◽  
Democratic Rule ◽  
Private Autonomy ◽  
The Right ◽  
Democratic Norms

In the article, the author looks at the origin of the principle of the private autonomy from the point of view of the basic normal theory, stating that the basic legal and democratic norms of the country are derived from the rule of law. Moreover, the private autonomy also includes, in principle, the right of a person to exercise the right to carry out material legal claims, even in part, if the person so wishes.

scholarly journals Problems of legal regulation of the advertising billboards installation on the road easement areas

2019 ◽  
pp. 42-46
Author(s):  
V. V. Vladimirov ◽  
D. V. Vasilyev
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
The Road ◽  
Right Of Way ◽  
Legal Problems ◽  
State Regulator ◽  
On The Road ◽  
The Right

The article is devoted to a comparative analysis of the legal problems of placing advertising structures in the right of way from the point of view of the state regulator. The conclusion is substantiated that the order of the Federal Road Agency dated October 24, 2016 No. 2192-r regarding the requirement to conclude an easement agreement for the installation of an advertising structure violates the current legislation of Russia on advertising. The position of the antimonopoly authorities on the issues of monitoring compliance with the legislation regarding the placement of advertising structures in the right of way of the road is formulated.

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