scholarly journals On the educational function of administrative responsibility

2021 ◽  
pp. 26-36
Author(s):  
Dmitriy Anatol'evich Lipinsky ◽  
Nikolai Vladimirovich Makareiko ◽  
Aleksandra Anatol'evna Musatkina
Keyword(s):  
Social Relations ◽  
Legal Consciousness ◽  
Educational Goal ◽  
The Subject ◽  
The Russian Federation ◽  
Political Economic ◽  
Lawful Conduct ◽  
Administrative Responsibility

The subject of this research is the views of the scholars on classification of administrative responsibility functions and substantiation of the existence and implementation of its educational function. The research methodology employs formal legal and dialectical methods. The authors examine various classifications of the functions of administrative responsibility, analyze the role of educational function therein, and trace its correlation with the general legal functions. It is indicated that namely the educational function does not receive due attention in modern research, and its potential is underestimated. It is proven that the absence of legislative consolidation of educational purpose in the Code of the Russian Federation on Administrative Offenses is not the reason to deny the educational function of administrative responsibility. The conclusion is made that the achievement of educational goal of the administrative function of administrative responsibility is the result of a comprehensive impact of the broadest range of legal, political, economic, moral-ethical, and other means. Thorough legislative mediation of the measures of administrative responsibility, their effective application, all-round encouragement of active lawful conduct, timely informing legal entities about the capacity of administrative responsibility, and consequences of implementation of its measures, ultimately realigns legal consciousness and “removes” unlawful attitudes. The article substantiates that law-abidance is the initial goal of educational function of administrative responsibility. Legal-abidance is formed not only due to realization of the capacity of law in regulating social relations, but also the concern to suffer deprivations as a result of implementation of administrative responsibility.

Psychopatic Traits in Interpersonal Relation

2019 ◽  
Vol 35 (35) ◽  
pp. 9-36
Author(s):  
Wojciech Czajkowski ◽  
Patryk Pokornicki
Keyword(s):  
Diagnostic Criteria ◽  
Social Relations ◽  
Social Relation ◽  
Dark Triad ◽  
Interpersonal Relation ◽  
Negative Role ◽  
The Subject ◽  
The Individual

The subject of interest in the presented text is the possible relationship between a number of personality traits of the individual and its functioning in social relation. Dealing with the psychopathic features of personality and their importance in social relations, the authors pay attention to psychopathy, as well as narcissistic features and Machiavellianism in individual’s activity. These three traits since the beginning of the 21st century have aroused vivid interest of researchers and therapists attempting empirical verification of hypotheses in this area. It is also worth indicating. The above-mentioned categories of behavior form the dark triad of personality. Researchers draw our attention to clinical interpretations regarding diagnostic criteria enabling the recognition of psychopathic features and the broader dark triad. This sometimes carry on to referring to the concept of sub-clinical psychopathy that does not meet the diagnostic criteria used in the classification of mental disorders. The authors also try to interpret the negative role of these features in social relations.

scholarly journals Synergy of legal impact

2019 ◽  
Vol 15 (3) ◽  
pp. 23-31
Author(s):  
Lyudmila N. Berg
Keyword(s):  
Social Relations ◽  
Systems Approach ◽  
Research Process ◽  
Legal Consciousness ◽  
Legal Information ◽  
Legal Thinking ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Introduction. The modern legal system is unthinkable without the creation, transmission, exchange, movement of legal information. Indeed, the full cycle of legal development (from legal thinking to law enforcement) implies the perception, creation, change, transfer of legal information. Through legal influence a permanent and multidirectional movement of legal information is carried out, as well as its reflection in the legal consciousness of the subject and subsequent incarnation in behavior. The significance and role of legal influence is clearly manifested precisely in the fact that legal information, for example, contained in the text of the legal norm, being brought to the consciousness of a person, becomes an effective force directing and regulating the behavior of the subject.Materials and methods. Universal (philosophical), general scientific, private scientific (private law) methods of cognition were used in the research process, including dialectical, logical and formal-legal methods. The specificity of the subject of the study led to the use of information and systems approach.Results. The author formulates the definition of legal information as a set of information and other data that are presented in legal acts, regulatory and technical, reference and scientific materials, as well as legal information created and transmitted by subjects in the course of their interaction, which results in the streamlining of social relations of subjects. It is noted that legal information may be formal and informal.Discussion and conclusion. The author comes to the conclusion that the synergy of legal influence is the effect of increasing efficiency through the use of interconnection and mutual reinforcement of the «work» of different elements and components of legal influence based on the movement of legal information.

scholarly journals JUDICIAL PRECEDENT AS A SOURCE OF TAX LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 20-24
Author(s):  
Karina Aleksandrovna Ponomareva
Keyword(s):  
Theoretical Analysis ◽  
Russian Federation ◽  
Legal Consciousness ◽  
Tax Law ◽  
Growing Up ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Very High

The subject. The article is devoted to analysis of the role of the judicial precedent in the system of sources of tax law.Aim. The aim of this paper is to analyze the essence of national and international judicial precedents in the area of tax law.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and methods of comparative law.Results, scope. The role of judicial precedent in the system of sources of modern tax law is con-sidered in the article. Although the precedent in the Russian Federation as a source of law is not formally recognized, but actually used, its role in tax law is very high. The judicial precedent can be confidently recognized as the source of the tax law of Russia. In this case, courts often take on not only the role of interpreters of law, but their decisions act as a legal doctrine.Conclusions. The author comes to the conclusion that the role of decisions of courts, especially the highest courts, is growing, up to giving them signs of a precedent interpretation.

ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF BANKING

2017 ◽  
Author(s):  
Olha Drachevska ◽  
Keyword(s):  
Social Relations ◽  
Minimum Income ◽  
National Bank ◽  
The Subject ◽  
Tax Benefits ◽  
Characteristic Features ◽  
Definition Of ◽  
Single Approach ◽  
Administrative Responsibility

The article focuses on such concepts as administrative liability and administrative liability for violations of legislation on banks and banking activities. A comprehensive analysis of the scientific literature allows us to conclude that scientists currently do not have a single approach to the interpretation of administrative liability in general and in the field of banking in particular. Based on the analysis of the composition of administrative offenses in this area and the role of administrative liability in the studied social relations, the author's definition of administrative liability in the field of banking is proposed. The characteristic features of administrative responsibility in the field of banking are considered, in which its peculiarity in the researched sphere is expressed. Attention is also paid to the analysis of administrative offenses in the field of banking. The list of subjects authorized to impose administrative penalties for relevant offenses has been determined. Emphasis is placed on the existence of contradictions between the articles of the Code of Ukraine on Administrative Offenses and banking legislation and regulations of the National Bank of Ukraine on the subject of the offense in the field of banking. It is noted that for committing an offense in the field of banking provides for the application of fines, cases of which are considered, the National Bank of Ukraine may not impose a fine. It is established that the existence of exceptions to the application of fines should be balanced by their size, which should take into account economic realities and risks. This can be done by enshrining a rule for calculating their size due to the non-taxable minimum income of citizens, set at the level of social tax benefits.

On administrative responsibility of recipients of inter-budget transfers for violating the procedure and (or) terms of provision (expenditure) of inter-budget transfers

2021 ◽  
Vol 27 (9) ◽  
pp. 2158-2168
Author(s):  
German N. SKLYAROV
Keyword(s):  
Comparative Law ◽  
Public Law ◽  
Current Version ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Administrative Responsibility

Subject. The article discusses administrative responsibility of recipients of inter-budget transfers (their officials) for violating the procedure and (or) conditions for provision (spending) of inter-budget transfers, including an attempt to determine the time of occurrence of the offense for which it is possible to bring to administrative responsibility. Objectives. The aim is to identify problems in the field of administrative and financial legislation that complicate the classification of violations of the procedure and (or) conditions for the provision (spending) of inter-budget transfers. Methods. The study draws on general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logic and comparative law methods. Results. The findings include the following: 1) the current legislation does not define the moment, after which an inter-budget transfer is considered as granted; 2) in some cases, laws and regulations directly establish the time, from which the provision of inter-budget transfer is considered completed; 3) if there is no such an indication in a regulatory legal act, presumably, the inter-budget transfer is considered as provided when the funds entered the single account of the budget of a public law entity; 4) violations of the procedure and (or) conditions for the provision of inter-budget transfers are possible even before the actual provision of such transfers. Conclusions. The current version of Part 3 of Article 15.15.3 of the Code of the Russian Federation on Administrative Offenses requires clarification as to the wording of the subject that committed an offense.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals On the Cognitive Foundation of Lexical Classification of the Subject World

2020 ◽  
pp. 59-75
Author(s):  
Alexey D. Koshelev ◽  
Keyword(s):  
Human Cognition ◽  
Language Of Thought ◽  
Human Species ◽  
Specific Level ◽  
Human Ability ◽  
The World ◽  
The Subject ◽  
Lexical Classification

The paper presents a language of thought (a set of cognitive units and relations) used to provide non-verbal definitions for the following five concepts: ARMCHAIR, MUG, RAVINE, LAKE, TREE. These definitions make it possible to describe concepts on two levels of specificity. On the first level, a concept is presented as a holistic cognitive unit. On the second, more specific, level, the same concept is viewed as a partitive system, i.e. a hierarchical system of its parts, the latter being smaller concepts into which the original holistic unit is decomposed. A hypothesis is advanced that such structure is inherent to all visible objects. The partitive system is argued to play a major role in human cognition. It, first, provides for an in-depth understanding of the perceived objects through understanding the role of their parts, and, second, underlies the formation of the hierarchy of concepts with respect to their generality. Besides, it can be considered as one of the defining properties of the human species as it accounts for the human ability to purposefully change the world.

scholarly journals MINI-PARLIAMENTS IN THE POST-DICTATORSHIP DEMOCRACIES OF WESTERN EUROPE AND LATIN AMERICA

2020 ◽  
Vol 24 (4) ◽  
pp. 942-964
Author(s):  
Alexey S. Koshel
Keyword(s):  
Latin America ◽  
Russian Federation ◽  
Western Europe ◽  
Parliamentary Democracy ◽  
Present Stage ◽  
The Russian Federation ◽  
Ongoing Development ◽  
Parliamentary Procedure

The article investigtes the powers and parliamentary procedures in the standing committees and commissions of several countries of Western Europe and Latin America. The author believes that one of the modern paradigms for the development of parliamentary democracy is to strengthen the role of standing committees in the work of parliament by transferring to the committee level a number of constitutional powers of parliaments. In this regard, the author clarifies approaches to the classification of the committee structure of parliaments and looks at committee parliamentary procedures in Italy, Germany, Greece, Portugal, Spain, Brazil and Argentina at the present stage. The author comes to certain conclusions regarding the paradigm of the committee parliamentary procedure, including further improvement of domestic constitutional-legal matter in the context of the ongoing development of parliamentary democracy in the Russian Federation.

scholarly journals Cystic renal diseases: role of ultrasound. Part II, genetic cystic renal diseases

2020 ◽  
Author(s):  
Adnan Kabaalioglu ◽  
Nesrin Gunduz ◽  
Ayse Keven ◽  
Emel Durmaz ◽  
Mine Aslan ◽  
...  
Keyword(s):  
Renal Cysts ◽  
The Other ◽  
Renal Diseases ◽  
Intravenous Contrast ◽  
Pictorial Essay ◽  
The Subject ◽  
Key Features

Kidney cysts are quite common in adults. Though small simple renal cysts in an adult over 30-40 years of age are not too unusual, however, if the same cysts are seen in a child, and especially if there are additional findings, then several diagnostic possibilities may come to mind. The role of ultrasound, together with the help of intravenous contrast agents and Doppler mode, are very critical in describing the morphologic features and follow-up of the complex or multiple and bilateral renal cysts. These sonographic signs are occasionally specific for diagnosis, but in many cases sonographic clues should be evaluated together with the other genetic and clinical data to reach diagnosis.The first part of this pictorial essay included the introduction into the subject and the classification of non-genetic cystic renal diseases. The key features for the non-genetic cystic renal diseases are illustrated. In the second part, eye-catching features of genetic cystic renal diseases are demonstrated.

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