scholarly journals THE ROLE OF LEGAL NOOSPHEROLOGY IN THE DEVELOPMENT OF SCIENTIFIC METHODS OF INTERNATIONAL LEGAL FORECASTING

2020 ◽  
Vol 1 (4) ◽  
pp. 7-17
Author(s):  
М. О. Baimuratov ◽  
V. P. Ozhereliev
Keyword(s):  
Public Law ◽  
Negative Consequences ◽  
Scientific Methods ◽  
Legal Structure ◽  
Global Space ◽  
Legal Model ◽  
The Stability ◽  
Scientific Facts ◽  
Made In

In 2019, in the scientific and practical legal journal "Public Law" №1 (33), the authors published an article on the feasibility of developing a single model of international public law and the noosphere. This decision was made in accordance with known scientific facts: the existence of a single global space of civilizational events and the noosphere, the space of which can be represented as a topological, and the system of public international law can be described as an "equilibrium surface" of differentiated diversity. The development of these studies led the authors to the realization of the existence of a global information and legal structure in the noosphere system, and then to the development and creation of a "topological double-circuit shell-nuclear information and legal model of the noosphere." This model became a conceptual basis for further research: to develop a system of noosphere law, methods of international legal forecasting and monitoring the "stability" of the information and legal structure of the civilizational space of the noosphere. The results of the research are the theoretical foundation for the formation and development of a new scientific and educational interdisciplinary discipline: "legal noospherology", which is of paramount scientific importance for the development of effective methods of international legal forecasting. The implementation of the natural-legal scenario of "inversion", in the absence of monitoring of information and legal processes in the noosphere system using the Model, according to the "catastrophe theory", can lead the world civilization system to unpredictable but expected negative consequences is noted. Their onset, due to the unpredictability of the local human – or rather, personal factor, can cause a spontaneous "implosion" of the shell-nuclear structure of the noosphere and its subsequent "collapse".

scholarly journals The role of legal noospherology in the development of scientific methods of international legal forecasting

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Михайло Олександрович Баймуратов ◽  
Володимир Петрович Ожерельев
Keyword(s):  
International Law ◽  
Public Law ◽  
Scientific Methods ◽  
Legal Structure ◽  
Global Space ◽  
Legal Model ◽  
The Stability ◽  
Scientific Facts ◽  
Made In

In 2019, in the scientific and practical legal journal "Public Law" №1 (33), the authors published an article on the feasibility of developing a single model of international public law and the noosphere. This decision was made in accordance with known scientific facts: the existence of a single global space of civilizational events and the noosphere, the space of which can be represented as a topological, and the system of public international law can be described as an "equilibrium surface" of differentiated diversity. The development of these studies led the authors to the realization of the existence of a global information and legal structure in the noosphere system, and then to the development and creation of a "topological double-circuit shell-nuclear information and legal model of the noosphere." This model became a conceptual basis for further research: to develop a system of noosphere law, methods of international legal forecasting and monitoring the "stability" of the information and legal structure of the civilizational space of the noosphere. The results of the research are the theoretical foundation for the formation and development of a new scientific and educational interdisciplinary discipline: "legal noospherology", which is of paramount scientific importance for the development of effective methods of international legal forecasting.

The Court and the Order: Classic Institutionalism by M. Hauriou and S. Romano*

2020 ◽  
Vol 2020 (4) ◽  
pp. 26-36
Author(s):  
Vyacheslav Kondurov
Keyword(s):  
Legal Theory ◽  
World View ◽  
Public Law ◽  
General Context ◽  
Judicial Interpretation ◽  
Scientific Methods ◽  
Political Sovereignty ◽  
General Scientific ◽  
The Guardian

The subject of the study is the ideas of classical institutionalists (M. Hauriou and S. Romano) on the role of court and the nature of justice. The methodological basis of the work is the method of interpretation, which is the main one for the study of the legal theories history, and also the method of problem-theoretical reconstruction, as well as general scientific methods of analysis, synthesis, etc. The relevnce of the conducted research is to identify the key elements of Maurice Hauriou and Santi Romano’s ideas on the role and content of justice and their interpretation, taking into account the achievements of modern legal science regarding the different styles (strategies) of judicial interpretation. Maurice Hauriou believes that the basis of the court powers is not the political power, but the sovereignty of the constitutional statute. This makes it possible for courts to perform the function of deterrence (restriction) of other state bodies, the source of power of which is a political sovereignty. For this reason, the French jurist pushes the boundaries of justice wide enough to allow judicial rule-making, which is competitive with the parliament. To a certain extent, this position of Maurice Hauriou may be at the heart of his world view. For example, he puts an «idea» in the foundation of the institution, which eventually becomes the guardian of justice. Santi Romano, on the other hand, seeks to avoid any idealism by remaining in positions close to sociological positivism. Unlike Maurice Hauriou, he creates not a public law theory, but a general legal theory. For this reason, he focuses much more on the content of interpretation as a specific judicial activity than his French teacher. He considers it as a formal logical and essentially cognitive procedure. However, the general context of the pluralistic teaching of Italian jurisprudence makes it possible to take a broader view of the judiciary than that of Maurice Hauriou. Santi Romano also allows the court to have normative competence, but does not consider it part of justice. Despite the fundamental assumption that it is possible for the courts to create norms, neither Santi Romano nor Maurice Hauriou can be considered forerunners or supporters of radical judicial realism, according to which the judge is the only true creator of law, who makes norms in a sovereign and spontaneous manner without looking back at the existing legal order.

EVOLUTION OF THE PROCEDURE FOR REVISING THE CONSTITUTION OF THE RUSSIAN FEDERATION AND MAKING AMENDMENTS TO IT: SIGNIFICANCE AND CURRENT PROBLEMS

2021 ◽  
pp. 134-138
Author(s):  
Евгений Николаевич Зиньков ◽  
Ильнар Ильнурович Тулиев
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Negative Consequences ◽  
Basic Principles ◽  
State Laws ◽  
Existing Problems ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Made In

Эволюция - это естественный исторический процесс развития, совершенствования, в том числе и основных государственных законов. Порядок пересмотра и внесения поправок - это процесс, который предусмотрен и происходит при конституционном становлении любого государства. Статья посвящена изучению характера некоторых поправок, внесенных в Конституцию Российской Федерации с недавнего времени. Кроме того, в статье проанализирована роль Конституции Российской Федерации как основного законодательного акта в стране, раскрыты основные принципы, изложенные в Конституции РФ и имеющие значение для внесенных поправок. Авторы отмечают, что внесение поправок в Конституцию РФ затронуло только содержание с третьей по восьмую главы, поскольку внесение изменений в первую, вторую и девятую главы Конституции РФ невозможно и влечет принятие новой Конституции страной. Тем не менее актуальность даже некоторых корректоров в основополагающем законодательном акте Российской Федерации обусловлена взаимосвязью всех положений Конституции, и после изменения хотя бы одной нормы Конституции неизбежно следуют некоторые поправки в иных нормах этого же акта. Далее авторы анализируют внесенные поправки относительно отображения в Конституции титульной нации. До недавнего времени данное положение отсутствовало, в отличие от положений конституций некоторых зарубежных государств, приводимых авторами в исследовании. Кроме того, отмечаются некоторые изменения преамбулы, которые нашли свое отражения в ст. 67 Конституции РФ, а также особенности установления идеологии на территории Российской Федерации. Относительно последнего авторы справедливо указывают, что, несмотря на запрет установления идеологии в стране, согласно внесенным поправкам в Конституцию РФ Российская Федерация должна придерживаться концепции патриотизма. В статье приводится точка зрения о нарушении порядка принятия поправок в Конституцию РФ, а также негативные последствия данного нарушения. В заключение авторы указывают, что, несмотря на особенности внесения поправок в Конституцию РФ, они тем не менее были реализованы, хотя и не решили существующих проблем в Российской Федерации. Evolution is a natural historical process of development, improvement, including the basic state laws. The procedure for revision and amendment is a process that is provided for and occurs during the constitutional formation of any state. The article is devoted to the study of the nature of some amendments made to the Constitution of the Russian Federation recently. In addition, the article analyzes the role of the Constitution of the Russian Federation as the main legislative act in the country, analyzes and reveals the basic principles set out in the Constitution of the Russian Federation and are relevant for the amendments made. In the study, the author correctly notes that the amendments to the Constitution of the Russian Federation affected only the content of the third to eighth chapters, since the introduction of amendments to the first, second and ninth chapters of the Constitution of the Russian Federation is impossible and entails the adoption of a new Constitution by the country. Nevertheless, the relevance of even some correctors in the main legislative act of the Russian Federation is conditioned by the interrelation of all the provisions of the constitution with each other and the change of at least one norm of the Constitution is inevitable by some amendments to other norms of the same act. Further, the author analyzes the amendments made regarding the inclusion of the titular nation in the Constitution, since this provision was absent until recently. This, in turn, cannot be said about some foreign countries, the provisions of whose Constitutions the author cites in the study. In addition, the author notes some changes in the preamble, which are reflected in Article 67 of the Constitution of the Russian Federation, as well as features of the establishment of ideology on the territory of the Russian Federation. Regarding the latter, the author rightly points out that despite the ban on the establishment of ideology in the country, according to the amendments to the Constitution of the Russian Federation, the Russian Federation should adhere to the concept of patriotism. The article presents the point of view about the violation of the procedure for adopting amendments to the Constitution of the Russian Federation, as well as the negative consequences of this violation. In conclusion, the author points out that despite the peculiarities of the amendments to the Constitution of the Russian Federation, they were nevertheless implemented, although they did not solve the existing problems in the Russian Federation.

scholarly journals SCIENCE WITHOUT “INTERMEDIARIES” (TO THE ANNIVERSARY OF RIMMA DMITRIEVNA GOLDINA)

2021 ◽  
Vol 31 (4) ◽  
pp. 678-682
Author(s):  
A.V. Bogachev
Keyword(s):  
Visual Perception ◽  
Scientific Research ◽  
Negative Consequences ◽  
Joint Work ◽  
Positive Role ◽  
Brain System ◽  
Archaeological Material ◽  
The Stability ◽  
Absolute Knowledge

The article was prepared for the anniversary of R. D. Goldina and touches upon the issues of the methodology of scientific search in archeology. The positive role of the researcher in the discussion about the chronology of early medieval antiquities, which was held in 1976 in Leningrad, is noted. Possible negative consequences of using alien sketches of archaeological material in scientific research are shown. Modern research (B. V. Rauschenbach) has shown that visual perception of space is a joint work of the eye + brain system, and not of the eye alone. When working with a certain kind of archaeological sources, the researcher's brain must be “trained” to recognize significant signs of this particular kind of sources. The stability of the chronological scheme of R. D. Goldina is predetermined by absolute knowledge of the material that was obtained as a result of her own author's excavations. Methodology for the analysis of archaeological material, developed by R. D. Goldina, is at the heart of many modern researches.

scholarly journals CONSUMER CREDITING: CORELATION OF PRIVATE AND PUBLIC BASIS OF LEGAL REGULATION

2017 ◽  
Vol 21 (5) ◽  
pp. 170-177
Author(s):  
V. V. Bogdan ◽  
A. A. Kalinovskaya
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Federal Law ◽  
Public Interests ◽  
Private And Public ◽  
The Stability ◽  
The Individual ◽  
Method Of Abstraction

In this article, the authors consider the modern legislation system on consumer crediting. The authors dwell on the problems of the correlation of certain legal acts in this sphere and focus on the Federal Law "On Consumer Credit (Loan)". Also they note the role of departmental and local acts regulating consumer crediting. The authors state the idea that the special mechanism for the implementation of the rights of borrowers, laid by the legislator, contains additional duties and restrictions for banks and other credit organizations that sell credit products to citizens, as much as is necessary to protect public interests. Such regulation of the legal status of borrowers correlates with the general ideas about the convergence of private and public law. Establishing a special legal status of the consumer citizen, the legislator reflects the interests of citizens, the interests of their counterparties, as well as public interests related to the need to ensure balanced interests of the individual, society and the state. In the process of research, the authors used analytical, formal-legal methods, the method of abstraction, which allowed to formulate conclusions on the conducted research. The authors come to the conclusion that the legislation on consumer crediting is designed not only to protect the rights of a particular borrower, but also to ensure the stability of banking relations, avoiding abuses both on the part of borrowers and banks. At the same time, the legislation on consumer creditng is oriented not only to perform protective functions, but also regulatory.

scholarly journals Rola edukacji ekonomicznej w kształtowaniu stabilności systemu finansowego

2021 ◽  
Vol 3 (31) ◽  
pp. 119-132
Author(s):  
Eleonora Ratowska-Dziobiak
Keyword(s):  
Financial Market ◽  
Financial System ◽  
Financial Economic ◽  
Economic Education ◽  
Financial Instruments ◽  
Economic Issues ◽  
The Stability ◽  
Made In

An efficiently operating financial system is considered as an integral part of a well-functioning economy. It is the mechanism by which services are provided that allow the flow of purchasing power. Thus, this system creates the foundations of activity for entities using money, enabling the conclusion of economic transactions in which money performs various functions. The result of the existence of this system is the possibility of co-creation of money by non-financial economic entities (enterprises and households) and the flow of cash between them. In the light of many transformations taking place in the financial system, it is extremely important to ensure its stability. A properly functioning financial system significantly supports the achievement of the main goals of the central bank – maintaining a stable level of prices, and thus creating the basis for achieving long-term economic growth. Educational activities are of great importance in ensuring the stability of the financial system. The aim of the article is to present the role of economic education among young people, thanks to which they can better understand the complexities of the functioning of the financial system, the importance of its stability and prepare to make more conscious decisions as fully-fledged participants of the financial market. Understanding the specificity of the available financial instruments enables the minimalization of the risk associated with their selection / purchase. The accuracy of decisions made in adulthood depends on the knowledge of basic economic issues and the awareness of potential threats.

The Use of Observational Data to Study Law and the Judiciary

2017 ◽  
Author(s):  
Sara C. Benesh
Keyword(s):  
Decision Making ◽  
Political Science ◽  
Positive Impact ◽  
Public Law ◽  
Data Availability ◽  
The Political ◽  
Political Actors ◽  
Scientific Analysis ◽  
Made In

The study of courts has been tremendously advanced via the availability of data, key to an empirical, scientific analysis of the decision-making of the political actors that make up the judiciary. Data availability has also enabled a rich and complete description of the courts’ work. This chapter considers the evolution of the study of the subfield of political science that considers judges and courts with particular focus on the role of data therein. It concludes that the Spaeth database, and other, similar multi-user publicly available databases, have had a huge influence on the evolution of public law into mainstream political science. While some argue over the specifics of the plethora of coding decisions made in the creation of such databases, the positive impact they have had on the scholarship about courts cannot be overstated.

scholarly journals Investigation of Open Air Stability of CsPbBr3 Thin-Film Growth on Different Substrates

2020 ◽  
Vol 10 (21) ◽  
pp. 7775
Author(s):  
Nicola Calisi ◽  
Stefano Caporali
Keyword(s):  
Thin Films ◽  
Indium Tin Oxide ◽  
Film Growth ◽  
Soda Lime ◽  
Scientific Curiosity ◽  
Polycrystalline Gold ◽  
Halide Perovskites ◽  
The Stability ◽  
Made In

Originally developed out of scientific curiosity, lead halide perovskites are rapidly gaining success due to their broad tenability and ease of fabrication. Despite these advantages and the considerable progress made in the efficiency of perovskite-based devices, the stability of such materials remains a challenge. In this research paper, the role of substrate materials on which thin films of perovskites were deposited was examined, highlighting their critical importance for atmosphere-induced degradation. Indeed, CsPbBr3 thin films sputtered on glass (soda lime and quartz) and indium tin oxide (ITO) resulted more stable, while those deposited on polycrystalline gold-coated glass were much more prone to degradation in a temperature- and moisture-controlled (43% relative humidity (RH)) atmosphere.

scholarly journals The role of the audit of investment projects for the digital economy

2020 ◽  
Vol 159 ◽  
pp. 04020
Author(s):  
Bakhyt Sultanova ◽  
Madi Baidauletov ◽  
Almyra Arystambayeva ◽  
Dilyara Espaeva
Keyword(s):  
Research Work ◽  
Digital Economy ◽  
Negative Consequences ◽  
Investment Activity ◽  
Scientific Methods ◽  
Investment Projects ◽  
Lack Of Control ◽  
General Scientific ◽  
The Republic

In this article, a new stage of industrial-innovative modernization of the economy of Kazakhstan is considered in the framework of the State program of industrial-innovative development of the Republic of Kazakhstan for 2020-2025. The main goal of the work is to justify the need to develop an audit of investment projects as an effective way to solve the key problem of the lack of control over the implementation of investment projects dedicated to the development of the digital economy, which leads to a decrease in the economic development of Kazakhstani organizations and the abuse of investment resources. The theoretical basis of the study is the work of well-known domestic economists and specialists in the field of accounting and auditing, as well as foreign experts. In the course of the research work, the legislative acts of the Republic of Kazakhstan, various regulatory legal acts were also considered. In the course of the work, such general scientific methods as analysis, generalization, and abstraction were used. In conclusion, the author made the following conclusions: it is necessary to develop new measures to solve the key tasks of evaluating the results of investment projects, the use of audit is the most effective way to prevent the negative consequences of the organization’s investment activity and inform users about its financial situation.

scholarly journals The Family Institution and Its Governing Laws in Malaysia as a Vanguard in Protecting the Society from Social Ailments: A Shari’ah Perspective

2016 ◽  
Author(s):  
Normi Abdul Malek
Keyword(s):  
Social Problems ◽  
Islamic Law ◽  
Basic Unit ◽  
Sufficient Evidence ◽  
Direct Impact ◽  
The Family ◽  
The Stability ◽  
Direct Results ◽  
Made In

The family is the basic unit of society that if damaged, will have a direct impact on the society at large. The increase in social problems and criminal activities are among the direct results of the decay of the family institution. Various matters within the family institution contribute to the strengthening or its weakening it. The failure of a man in carrying out his duty as the head of the family is one of the main issues addressed in this article. If he neglects his responsibilities such as non-payment of maintenance or fails to act as a guardian who protects the interests of his children, the direct victim will be the wife and the children. Sufficient evidence show that children brought up in an unhappy or broken family would have a higher tendency to be involved with evil activities outside their homes. This creates a new ailment or adds up to the existing ailments in the society. The role of the wife and mother in ensuring the stability of the family institution is also examined. Issues pertaining to polygamy also have a direct impact on increasing ailments in society, and this is also discussed. Finally, suggestions and recommendations are made in order to improve the current legislations and policies with regard to family matters so as to optimise their efficiency and contribute to minimise the ailments in the society. This article concentrates on the Islamic law as well as the legislation relating to family matters which are applicable to Muslims in Malaysia.

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