Role of the Plenum of Russian Supreme Court in the judicial practice formation

The subject. The article considers the role of the Plenum of Russian Supreme in forming judicial practice on the example of giving qualification to the crimes committed against sexual freedom and inviolability, as well as against property and public health.The objective of the article is to conduct a complex analysis of the function of the decisions, taken by the Plenum of Russian Supreme Court, in the formation of a unified vector of judicial practice. The authors dare to refute the hypothesis hat judicial practice can be recognized as a source of law.The methodological basis of the research is the dialectical theory of development and interrelation of phenomena. Historical, formal-logical, systematic methods of knowledge have been identified as relevant to the topic of the study.The main results, scope of application. The authors draw attention to the problem of evaluative features used in the process of law enforcement when interpreting the norms of the Special Part of the Criminal Code of the Russian Federation. A norm with such signs acquires an unformalized essence from the point of view of the boundaries of criminalization of a particular phenomenon. On the other hand, the nature of crimes is so diverse that without the flexibility of criminal law regulation (allowing the use of evaluative features), the application of the norm taking into account specific circumstances in a particular case may not be possible. The authors also consider issues related to the characteristics of the objective side, the end time of these crimes, the application of the formula of a single ongoing crime and its separation from related compounds. The process of law enforcement is based on such guidelines as the norms of law, judicial discretion, established judicial practice, the position of the Plenum of Russian Supreme Court. Attributing an explanatory role to the decisions of the Plenum of Russian Supreme Court does not completely eliminate the shortcomings inherent in legal technology. Correcting the current situation with the help of judicial discretion is not always justified, since this is possible only if there is a legitimate alternative. Assigning the status of a precedent to a judicial decision may lead to the substitution of the law by decisions taken in a particular case.Conclusions. The judicial practice concerning these issues is completely different. Despite the existence of similar situations, courts, as a rule, qualify an offense using various norms of the law, which negatively affects compliance with the principle of legality. The issue related to the function of the decisions of the Plenum of Russian Supreme Court in the formation of a single vector of judicial practice has been and remains debatable. The continued addition of new articles to criminal legislation, on the one hand, indicates the desire of the legislator to bring it to perfection, but, on the other hand, forms a mechanism for clarifying the rules of its application, which sometimes leads to their contradictory interpretation. At the same time, crime and punishment should be determined only by legislation.

Journalists’ moves in political press conferences and their implications for accountability

Political press conferences are important spaces for public accountability because they give journalists the opportunity to scrutinize politicians’ decisions. However, the structure of press conferences poses specific constraints to journalists because their role is limited to ask questions. This situation is not problematic if their goal is to ask informative or critical questions, but it becomes problematic if journalists want to advance standpoints, arguments, or criticisms. In the latter case, journalists have to perform their argumentative moves through façade questions in order to comply with the protocol of press conferences. For this reason, it is not easy to distinguish the argumentative function of journalists’ questions, and consequently, their value for accountability. This paper draws on the pragma-dialectical theory of argumentation to give an argumentative account of political press conferences. Furthermore, the implications of journalists’ questions for accountability purposes are discussed.

Epistemological considerations about mathematical concepts

Purpose Categories (particular (P) and general (V)) constitute a bipole with epistemological implications. The mutual categorical implication of this bipole is embodied in ordinary notions. It follows that a concept because it forms an element of concrete, sensible-rational, practical-theoretical activity has to unite the two inseparable poles, the general and the particular. If the concept of a physical quantity is abstract in relation to the physical object, it is concrete in comparison with mathematical quantity. This product of a secondary abstraction covers the background of physical qualities to extract the pure number, legitimately named abstract number. Both kinds of numbers are mutually exclusive: either the numbers are attached to a unit name and the number is concrete or nothing is attached and the number is abstract. However, in addition to their coordination in extension, they involve each other in comprehension: in fact, the pure number is the general pole V and concrete numbers form the particular pole of the dialectical concept of number K. The purpose of this paper is to provide a model for epistemological issues that arise in the context of meaning, concepts and use of words. Design/methodology/approach A dialectical theory of the binomial comprehension-extension of mathematical magnitudes. Findings The findings provide an objection to the traditional deductive order being also true in mathematics, and also that the reverse order cannot be considered as characteristic of mathematics, but show dialectic as universal. This opens the way to the special scientific deduction (mathematical, physical, biological, etc). going from the general to individual. Originality/value The structure of the mathematical concepts is elaborated.

Contingency, Absurdity and Human Conflict in Sartre’s Philosophy

This article is centered on two of Sartre’s literary works: “Nausea” and “No Exit” along with his dialectical theory of the ‘Look’ in Being and Nothingness. I believe that these three texts represent not three distinct perspectives but rather different sets of approach to the same problem i.e. the phenomenon of human relationship. It is with this point in mind that I develop the following interrelated claims. First, even though Sartre intended to bring a new language and mode of articulation in his later works, the fundamental features of his philosophy remained the same. Thus, issues that are foundational to his early writing including the self/other relationship, the for-itself as project, the contingent reality of the world, the resistance of the in-itself/ materiality all figure high in his later writings as well. Second, as opposed to any social philosophy which accepts the possibility of a harmonious relation between human beings Sartre perceived the essence of human relations not as mitesein (‘being-with’), but rather as conflict. I submit that the source of Sartre’s problem lies in his very model of social relations given that his social ontology does not allow him to incorporate what Maurice Marleau-Ponty calls the "inter-world". This paper is also informed with the belief that although Sartre the intellectual and the creative artist are closely joined together, essentially, the novelist is much more assuring than the philosopher. Thus, even when he is not writing a literary composition proper he displays a unique talent of putting his philosophical ideas in artistic and dramatic terms. I use Sartre’s phenomenological description of the dialectic of the "look" (Le Regard) to demonstrate this point. The final section of the paper is devoted to a critical examination of Sartre’s philosophical positions developed in the works discussed above.

INTERRELATION OF ECONOMIC ANALYSIS AND ACCOUNTING AND INFORMATION SUPPORT OF THE ENTERPRISE'S ACTIVITIES

The article is devoted to determining the relationship between economic analysis and accounting and information support of an enterprise's activities and justifying further directions of its development. The relevance of the research lies in the fact that the development of Information Technologies has led to the transformation of many processes, including in the methodology of economic science. It is necessary to assess the importance of traditional economic analysis for the company's activities against the background of expanding sources and types of information. The theoretical and methodological basis of the research is the fundamental provisions of Science in the field of Economic Analysis and accounting and information support, which are considered in the works of domestic and foreign scientists. The research was conducted using the methodological apparatus of modern science, in particular the dialectical theory of cognition, methods of deduction and induction. The monographic method was used to generalize the complex economic analysis. The stages and main functions of economic analysis are highlighted., among which accounting and information support of management, assessment of economic activity, Planning, Organization of production and management structures, control, etc. are highlighted. The role of planning in economic analysis is revealed. The concept of complex economic analysis is systematized and the model of its implementation at the enterprise is generalized. Information support for analysis based on data from primary accounting, financial and statistical reporting, and other sources is considered. It is noted that the source of information for economic analysis remains accounting data, but continuous Informatization has led to the fact that other sources have appeared. However, there is still a close relationship between accounting and analysis. In practical application, the results of Economic Analysis serve to provide information support for the activities of enterprises. The analysis serves as the basis for making informed management decisions and increases the efficiency of the enterprise as a whole.

Theorien für die Soziale Arbeit

he now second, updated and expanded edition of the textbook first establishes the importance of theory for social work research and practice After offering an outline of the historical development of theory in this field, it presents the most important theories used in social work at the moment. The book presents approaches related to systems theory, power and discourse analysis, and psychoanalysis, plus lifeworld-oriented and feminist approaches as well as those related to coping strategies and to a materialistic–dialectical theory of critical social work, including elements provided by the capability approach. It is rounded off by a systematic comparison of the theoretical approaches and an outlook on theory development in social work. With contributions by Maria Bitzan, Margret Dörr, Cornelia Füssenhäuser, Fabian Kessl, Michael Klassen, Michael May, Arne Schäfer, Silvia Staub-Bernasconi, Michael Winkler and Holger Ziegler.

Analysis of Symbols Authority through the Perspective of Islamic Holistic Study

The fundamental dialectical theory of the Berger model claims that humans are a product of society and society is a human product, so both require interaction and dialectics to influence each other in social life. Until the scope of the rite, each human is a judge to have a specific social function, if he has the influence to regulate, maintain, and transmit sentiments from one generation to another. In other words, humans will always express their existence through artificial things and a sign for each human being to have connectivity with each other. Even if it reviewed historically, it is not necessarily born from the Islamic body ideologically. How much authorization of tangible symbols on religious practices in the Islamic paradigm? Are material symbols in spiritual practices limited to the manifestation of human creativity or sacred things that cannot contest? This scroll will continue until there is a discussion about it.

7. Marxism

This chapter examines Marxist theory’s understanding of capitalism as an historically particular way of organizing social life and how Marxism can shed light on complex social relationships through which human beings produce and reproduce their social relations, the natural world, and themselves. It argues that the kind of social organization envisioned by Marxists has political, cultural, and economic dimensions that must be viewed as a dynamic ensemble of social relations not necessarily contained within the territorial boundaries of nation-states. The chapter first provides an overview of historical materialism and the meaning of dialectical theory, with particular emphasis on Karl Marx’s critique of capitalism and the Marxist tradition’s theorizing of imperialism, before discussing Western Marxism and Antonio Gramsci’s theory of hegemony. It then considers Marxist concepts of global power and hegemony and concludes with a case study that highlights the social relations underlying US global militarism.

Living Hadis as A Lifestyle (A portrait of the Dialectics of Hadis and Culture in Indonesia)

<p><em>The intersection between religion and culture is one of the characteristics of Islam in Nusantara, especially in Indonesia, including a people understanding of the Hadis. In the fact, until now, the traditions of Indonesia is contain of qur’anic and hadis spirit. The result of this paper, the author considers that living sunnah is not only a learning or researching, but it has become a model of understanding of Indonesian people towards it or it’s become a lifestyle of moslem in Indonesia </em><em>that is always make ‘hadis is live’ or ‘live on the sunnah.’The forms of living hadis can not be separated from the connection of hadis with the culture. This can be seen from the tradition in Indonesia such as praying for people who have died, mauludan, haul, halal bi halal, and berkatan. Some of these tradition are the character of Islam in Indonesia. As stated by dialectical theory, the hadis and the culture are two opposites thing. However, both of them can be reconciled. For example, the tradition of berkatan/ tumpengan, this tradition is an implementation of the advise of giving in Islam. So, the consequnce of the implementation of this understanding are different because it has connected with culture in Indonesia</em></p>

THE ISLAMIC DIALEKTICS AND LOCAL CULTURE IN THE PETAWAREN TRADITION IN GAYO COMMUNITY

This research aims to analyze the rituals or practices as well as traditional objects used in the Petawaren tradition of the Gayo community in Central Aceh District. This research is descriptive research using a qualitative approach. The data needed are the ritual or implementation of Petawaren tradition and the traditional objects used, especially at a wedding or Ngerje ceremony. Primary data are obtained from research informants, namely traditional leaders, cultural figures, and community leaders, while secondary data are obtained from the relevant literature, documents, results of previous studies, and references. The techniques of collecting data are done by interviewing, observing, and documenting. This research also employs a relational dialectical theory. The results conclude that Petawaren tradition is purely Gayo culture, whereas the dialectics of Islam and Petawaren tradition in the Gayo community is more like accommodation of Islamic values. Therefore, the interpretation of the customary symbols, practices, and objects is eventually based on the Islamic teachings which replace the animistic beliefs existing before the arrival of Islam. Penelitian ini bertujuan menganalisis ritual (amalan) serta benda-benda adat yang digunakan dalam pelaksanaan tradisi Petawaren masyarakat Gayo di Kabupaten Aceh Tengah. Penelitian ini merupakan penelitian deskriptif yang menerapkan pendekatan kualitatif. Data yang diperlukan berupa tata cara pelaksanaan serta benda-benda yang digunakan dalam tradisi Petawaren pada upacara perkawinan Ngerje. Data utama bersumber dari informan penelitian, yaitu sesepuh (petue), tokoh adat, dan tokoh masyarakat. Sedangkan data sekunder diperoleh dari literatur, dokumen, hasil penelitian terdahulu, dan referensi yang relevan. Teknik pengumpulan data dilakukan dengan wawancara, pengamatan, dan dokumentasi. Penelitian ini menggunakan pendekatan teori dialektika relasional. Hasil penelitian menyimpulkan bahwa tradisi Petawaren adalah murni budaya Gayo, sedangkan dialektika Islam dan tradisi Petawaren pada masyarakat Gayo lebih kepada akomodasi nilai-nilai Islam. Oleh karena itu, pemaknaan terhadap simbol-simbol, ritual (amalan), dan benda-benda adat pada akhirnya didasarkan pada ajaran Islam, menggantikan kepercayaan animisme yang ada sebelum Islam datang.