radical revision
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2021 ◽  
pp. 54-60
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko

The article reveals the main directions of improving the national legislation on administrative responsibility. It has been established that the current administrative-tort legislation of Ukraine does not meet the needs of today, either in content or in form. Its norms require a radical revision, and the systematization of legislation on administrative responsibility is the only way to improve the work of legal entities empowered to bring individuals to administrative responsibility. The following problems of a theoretical and practical nature that impede the improvement of administrative tort law: 1) lack of a clear understanding of the legal nature of proceedings in cases of administrative offenses; 2) tendencies towards refusal from the synthesis of material and procedural norms in the codified normative legal act on administrative responsibility; 3) duplication in the administrative-tort legislation of ideas, principles and provisions that ensure the effectiveness of criminal liability; 4) artificial limitation in the legislation of the circle of persons to whom administrative penalties can be applied; 5) imperfection of the procedure for bringing a person to administrative responsibility; 6) ineffective and unreasonably extended system of administrative penalties; 7) an imperfect and ineffective system of bodies authorized to bring persons to administrative responsibility. It was argued that administrative responsibility is, in fact, a prompt reaction of the state or other authorized bodies to violations of the law, and therefore “simplified proceedings” should be widely used in addition to “ordinary proceedings”. However, over the years of Ukraine’s independence, “simplified proceedings” have gradually disappeared from the law enforcement activities of administrative and judicial bodies. It is emphasized that the specificity of administrative responsibility lies in the fact that the subject, who has the right to initiate an administrative offense case, is often the subject considering the case on the merits. Therefore, knowledge of the material part of administrative tort law helps such a subject to determine the preliminary qualification of an offense, and knowledge of its procedural part – to consider the case and impose on a person one of the types of administrative penalties. It has been proved that “simplified proceedings” should be the key procedural form of bringing persons to administrative responsibility. It is noted that the codification of administrative tort law is a painstaking and systematic work in which well-known scientists who have been working on the problem of administrative responsibility for many years should participate.


Author(s):  
Svenlana A. Kulikova ◽  

Introduction. The study of the Soviet experience in the formation of the legal foundations of the welfare state, the involvement of workers in the management of public affairs, ensuring equality of rights, freedoms and opportunities for their implementation, is becoming increasingly relevant. The study of the experience of the organization and functioning of the institution of people’s control in the RSFSR and the early years of the USSR is of particular interest, since this institution was inextricably linked with the ideology of building a new type of the state, implemented in the system of socialist governance and was an example of the practical implementation of the principle of direct and permanent exercise of power by workers. Theoretical analysis. In the conditions of the developing Soviet state apparatus, there was a need to create a special system of bodies that would systematically monitor the activities of enterprises, organizations and institutions, monitor the execution of decrees and resolutions of the Soviet government. The ideas of combining state and public control were embodied in the creation of the legal basis for the activities of the Workers’ and Peasants’ Inspection, which became a single body of socialist control. The RKIs were assigned duties of various legal nature: political, legal, administrative and economic control. Empirical analysis. The study of archival documents allowed us to consider the application of the mechanisms of formation and activity of the RKI bodies in the Saratov province in the early 1920s. The main problem of the creation and activity of RKI assistance groups during this period was the lack of understanding of the goals of their creation by workers and, as a result, the unwillingness of workers and especially peasants to take part in their work. RKI controllers usually had no experience in auditing activities, so their reports, as a rule, did not analyze the causes of the identified shortcomings, did not mention the measures taken. Most often the controllers recorded cases of mismanagement or abuse, without giving them any assessment. In the mid-1920s, the activities of the provincial and district RKIs acquired a planned character, the directions of control and audit activities were determined by the governing party bodies. Control measures in the period of 1924–1928 began to be carried out more consistently and professionally. Results. In the early 1920s, socialist control was of a syncretic state-public nature, and there was a search for forms and methods of its implementation. The Workers’ and Peasants’ Inspection, by its political and legal nature, was an institutionalized result of the empirical development of the concept of socialist democracy, which outwardly reflected Lenin’s ideas of popular control in the system of governance of the Soviet state. This body fully met the needs of the new political system, which assumed a radical revision of the forms and methods of governance, including the pre-revolutionary methodology of control and supervision. The participation of the population in the processes of public administration was considered an integral element of state-building, which was to radically change the established system of power relations.


2021 ◽  
Vol 60 (3) ◽  
pp. 295-306
Author(s):  
Robert Lethbridge

The article explores a paradox in Zola's writing: the resistance to advances in scientific theory by the author of Du Progrès dans les sciences et dans la poésie (1864), as the first of many such assimilations of scientific progress and artistic trends. This is exemplified by the challenge posed to his Naturalist aesthetic by Michel-Eugène Chevreul's seminal De la loi du contraste simultané des couleurs (1839), popularised during the period of Zola's most sustained art criticism. This radical revision of the science of optics is increasingly accommodated in contemporary painting, from 1880 onwards, at the very moment of Zola's disenchantment with Impressionism. Although L'Œuvre, his novel of 1886, is set in the Second Empire (consistent with the historical limits of Les Rougon-Macquart), Zola inserts into his narrative the theory of complementary colours, the awkward anachronism notwithstanding, to explain his fictional painter's creative impotence. In relation to the latter, the article looks in detail at the genesis and textual details of a key passage in the novel in which Zola's irony at the expense of Chevreul's theories is almost explicit. At least as telling is his response to unsolicited advice about them: ‘J’ai plus de confiance dans l'observation directe que dans la théorie’. One could hardly conjure up a more succinct summary of Zola's unreconstructed approach to the science of painting which simultaneously testifies to his own principles of representation.


2021 ◽  
Author(s):  
◽  
Timothy Garlick

<p>Don DeLillo has frequently acknowledged William Gaddis as a significant influence, particularly in his concern with the vagaries of self-identity. DeLillo's The Body Artist (2001) and Gaddis's Carpenter's Gothic (1985) both thematically explore the relationship between self and space, employing gothic motifs and metafictional devices which intersect with the dramatic content of the novel, in which characters experience disruption to the stability of the known and located. In both, even the most intimate knowledge of relationships and environments is portrayed as a contingent construction, open to radical revision. As has been acknowledged by a number of critics, the transitory nature of postmodern spatiality is a central thematic preoccupation of both writers. The novels of both writers confront postmodern space by the way they complicate processes of identification and communication through a formalist evocation of indeterminacy. However differences become apparent in a careful comparison of their larger works. In Gaddis's J R (1975) Gaddis attempts to govern this indeterminacy in the service of cultural critique; rhetorically manipulating readerly identification in the service of an overall vision of decline. DeLillo's Underworld (1997), on the other hand, destabilizes meaning, and as a result the reader is directed towards a more ambivalent relationship to postmodern existence.</p>


2021 ◽  
Author(s):  
◽  
Timothy Garlick

<p>Don DeLillo has frequently acknowledged William Gaddis as a significant influence, particularly in his concern with the vagaries of self-identity. DeLillo's The Body Artist (2001) and Gaddis's Carpenter's Gothic (1985) both thematically explore the relationship between self and space, employing gothic motifs and metafictional devices which intersect with the dramatic content of the novel, in which characters experience disruption to the stability of the known and located. In both, even the most intimate knowledge of relationships and environments is portrayed as a contingent construction, open to radical revision. As has been acknowledged by a number of critics, the transitory nature of postmodern spatiality is a central thematic preoccupation of both writers. The novels of both writers confront postmodern space by the way they complicate processes of identification and communication through a formalist evocation of indeterminacy. However differences become apparent in a careful comparison of their larger works. In Gaddis's J R (1975) Gaddis attempts to govern this indeterminacy in the service of cultural critique; rhetorically manipulating readerly identification in the service of an overall vision of decline. DeLillo's Underworld (1997), on the other hand, destabilizes meaning, and as a result the reader is directed towards a more ambivalent relationship to postmodern existence.</p>


2021 ◽  
pp. 81-106
Author(s):  
Emily Greble

The Balkan Wars of 1912–1913 and World War I shattered the social fabric of Ottoman Europe and led to a radical revision of the region’s political boundaries. How did experiences of successive traumas—expulsions, famine, disease, massacres, and new occupation regimes—shape Muslims’ understandings of the European project and their experiences within it? This chapter analyzes this catastrophic era from diverse Muslim perspectives. It reveals how many Muslims found legal promises of political equality and rights ambiguous and intangible, and instead sought to define their own terms of political belonging. They wanted autonomy, confessional sovereignty, and the protection of Islamic institutions and property.


Author(s):  
L. M. KRAVCHENKO ◽  
◽  
N. V. KRAVCHENKO ◽  

The urgency of the topic is due to the shortage of specialists in science-intensive and high-tech industries in the Ukrainian and world labor markets. It is emphasized that in the opinion of the world community the introduction of STEM education is a quick and effective way to solve the problem, but in the Ukrainian educational space, there is a problem of teacher training who is aware of his social responsibility and is able to achieve new pedagogical goals. The purpose of the work is to study and determine the ways of formation of STEM-competencies of natural education applicants. The paper considers the main directions of the strategy of building the educational process in order to implement the tasks of STEM-education and ways of forming STEM-competencies of natural education students, emphasizes the need to modernize scientific and methodological training of future teachers of natural education that provides for the change of traditional approaches to the organization of the educational process in institutions of higher pedagogical education to an innovative, radical revision of existing models of education, educational professional programs, methods of teaching. The stages of the introduction of the STEM-approach taking into account the sensitive periods of human development (“windows of opportunities”) are analyzed. The importance of interuniversity, regional and international contacts of teachers and students, regular exchange of experience at seminars, conferences and symposia, exchange of students, graduate students, teachers, implementation of joint projects, research programs are emphasized. Key words: STEM-education, STEM-competencies, natural education, soft skills, innovative learning technologies.


2021 ◽  
Vol 4 (164) ◽  
pp. 82-98
Author(s):  
S. Pichugin

Ensuring the reliability and safety of buildings and structures largely depends on a proper understanding of the nature and quantitative description and rationing of loads on building structures, including crane loads. Loads from cranes can be significant; they have a variable dynamic nature and have a significant force on the structure of industrial buildings. These features are to some extent reflected in the sections of design codes of building structures that contain standards for crane load. Most of the parameters of the crane load codes are probabilistic nature and require the use of statistical methods to substantiate them. These methods are constantly changing and evolving together with the regular revision of building design codes. Analysis of the evolution of domestic codes of crane load together with their statistical substantiation is an urgent task, which is the purpose of this article. The beginning of domestic standardization of crane loads was laid in 1930, when the «Uniform codes of construction design» were introduced. They separately normalized vertical, horizontal longitudinal and horizontal transverse crane loads. This division is preserved in all subsequent versions of the load codes from bridge and overhead cranes. Since the late 1930s, leading construction research institutes and universities have conducted research on crane loads, the results of which have been consistently incorporated into design codes. These studies are time consuming and complex, as they are performed in existing production facilities and require the development of specific methods and equipment for measuring loads from operating bridge cranes. For 90 years, load codes have been constantly changing, taking into account the experience of operation and trends in construction science. The 50s of the last century were marked by the transition of structural calculations from the method of allowable stresses to the method of limit states, which led to a radical revision of the codes of crane loads. In the 60's and 80's, statistical studies of crane loads were intensified, the results of which opened up the possibility of reducing overload coefficients and introducing additional combination coefficients for crane loads. There were constant discussions about the assessment and consideration in the codes of horizontal transverse loads - braking and lateral forces from the skew of the moving cranes. This question still remains open for further research. It is also important to clarify the coefficients of load combination from several bridge cranes. With the collapse of the USSR, the new states had the opportunity to move away from the rough Soviet rationing and develop their own, more adequate codes for crane loads. Further development of crane codes in the CIS was realized in the form of national codes of individual states. Ukrainian specialists, in contrast to Russian standards developers, have prepared the State Standards of Ukraine DBN B.1.2: 2006 «Loads and impacts», conceptually different from SNiP in terms of crane loads. The publication of these codes was preceded by the systematization of the results of many years of work in the field of crane loads. Giving an overall assessment of Ukrainian standards of crane loads, it should be emphasized that they are compiled on a modern methodological basis, close to European standards Eurocode, based on representative statistics, more differentiated and have a scientific probabilistic rationale, more deeply developed than in codes of previous years.


2021 ◽  
Vol 2 (8) ◽  
pp. 741-744
Author(s):  
Igor Klepikov

A new era in the treatment of Acute Pneumonia (AP) began with the introduction of antibiotics into medical practice. The first successes of the use of new drugs were accompanied by a gradual simplification of views on the nature of AP with an emphasis on the characteristics of the pathogen and its suppression. A huge layer of scientific materials that allow us to understand the features of the development and course of inflammatory processes in the lungs, remained unclaimed. The focus on the etiology of the disease has led to a distorted view of its mechanisms and an exaggerated diagnosis of septic complications that do not have a reasoned confirmation. The current pandemic with a large number of COVID-19 pneumonias has radically changed the etiology of AP and deprived practical medicine of conventional treatment regimens. The unpreparedness of modern medicine for such a challenge and the preservation of the previous ideology of the disease are the reason for a radical revision of the AP doctrine.


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