General theory of law in connection with the axiology of values

2021 ◽  
Author(s):  
Aleksandr Chernyavskiy
Keyword(s):  
General Theory ◽  
Point Of View ◽  
Legal Issues ◽  
Human Values ◽  
Law Schools ◽  
Wide Range ◽  
The Law ◽  
Theory Of Law

The monograph presents the author's view on the legal quality of law from the point of view of the theory of law as the norms of coordinating interests about values. The author gives an assessment of the norms of law as the norms of differentiation and coordination of relations regarding values. The article analyzes what is the driving principle of law: the convergence of state values and human values. The author believes that any attempts to assign priority to certain values without taking into account their real correlation in society are doomed to failure in advance. The attitude of a person to the law is the defining embodiment of legal values as the socio-cultural basis of law. The law regulates the procedure for the realization of interests in relation to values. For a wide range of readers interested in legal issues. It will be useful for students, postgraduates and teachers of law schools.

Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

scholarly journals THE LAW AS A SOURCE OF LAW OF MODERN LEGAL RUSSIAN STATE

2019 ◽  
Vol 29 (6) ◽  
pp. 911-916
Author(s):  
N.G. Yakusheva
Keyword(s):  
Social Relations ◽  
Point Of View ◽  
Modern Development ◽  
Democratic State ◽  
Federal Constitutional ◽  
The Law ◽  
Theory Of Law ◽  
Many Sources ◽  
Law Making

Among the many sources of modern law, the author considers the law as the main source of law for most modern states. The nature of this source of law in modern Russia is investigated, its main features are highlighted. A specific feature of the modern development of Russian legislation is noted - the adoption of laws is aimed at transformations, reforms, and the introduction of new legal decisions. A comparative description of legislation and law is presented. It is concluded that the legislation is characterized by systemic properties derived from the quality and dynamics of social relations, their values and priorities. An assessment of different views of scientists on the problem under study is given from the point of view of the historical stages of society development. The necessity of observing the principle of the hierarchy of sources of law (the Constitution - the Federal Constitutional Law - the law - the decree, etc.) in the framework of a legal democratic state is emphasized. Priorities are identified in relation to the direction and purpose of legal reform in modern Russia, ensuring the supremacy of citizens' interests over the interests of the power system. Due to the low quality of laws adopted in the Russian Federation, it is concluded that it is necessary to provide scientific and methodological assistance to legislative bodies to improve the quality of laws. Measures to improve existing legislation are proposed. Conclusions are drawn about the need to develop a unified theory of law-making and law-enforcement mistakes and to take into account the objective needs of public life in the subjective law-making activity of the legislator.

COMBINATORIAL POLYNOMIALLY COMPUTABLE CHARACTERISTICS OF SUBSTITUTIONS AND THEIR PROPERTIES

2020 ◽  
Vol 7 (2) ◽  
pp. 34-41
Author(s):  
VLADIMIR NIKONOV ◽  
◽  
ANTON ZOBOV ◽  
Keyword(s):  
Mathematical Expectation ◽  
Point Of View ◽  
Small Range ◽  
Computational Point ◽  
Wide Range ◽  
Bijective Function ◽  
The Difference ◽  
Element Base ◽  
Selection Of

The construction and selection of a suitable bijective function, that is, substitution, is now becoming an important applied task, particularly for building block encryption systems. Many articles have suggested using different approaches to determining the quality of substitution, but most of them are highly computationally complex. The solution of this problem will significantly expand the range of methods for constructing and analyzing scheme in information protection systems. The purpose of research is to find easily measurable characteristics of substitutions, allowing to evaluate their quality, and also measures of the proximity of a particular substitutions to a random one, or its distance from it. For this purpose, several characteristics were proposed in this work: difference and polynomial, and their mathematical expectation was found, as well as variance for the difference characteristic. This allows us to make a conclusion about its quality by comparing the result of calculating the characteristic for a particular substitution with the calculated mathematical expectation. From a computational point of view, the thesises of the article are of exceptional interest due to the simplicity of the algorithm for quantifying the quality of bijective function substitutions. By its nature, the operation of calculating the difference characteristic carries out a simple summation of integer terms in a fixed and small range. Such an operation, both in the modern and in the prospective element base, is embedded in the logic of a wide range of functional elements, especially when implementing computational actions in the optical range, or on other carriers related to the field of nanotechnology.

LEGAL STATUS OF THE SOLE EXECUTIVE BODY OF A LIMITED LIABILITY COMPANY

2021 ◽  
Author(s):  
Yulia Fanilevna Aitova ◽  
Keyword(s):  
General Theory ◽  
Legal Status ◽  
Limited Liability ◽  
Point Of View ◽  
Limited Liability Company ◽  
Points Of View ◽  
Theory Of Law ◽  
The Individual ◽  
Executive Body

The article analyzes the issue of determining the legal status of the individual management body of a limited liability company. The author begins his research with the concept of legal status existing in the general theory of law, and then proceeds to consider the issue from the point of view of philosophical categories. In addition, the work explores the diversity of points of view existing in the doctrine regarding the legal status of the individual management body of economic societies.

scholarly journals Perspectives pour la linguistique : de la linguistique descriptive à la linguistique explicative

2021 ◽  
Vol 33 ◽  
pp. 1-29
Author(s):  
Wiesław Banyś
Keyword(s):  
General Theory ◽  
Point Of View ◽  
Primitive Elements ◽  
Aim Of Science ◽  
The Difference ◽  
Main Components ◽  
General Linguistic ◽  
Object Of Study ◽  
Comprehensive Study

The text deals with one of the challenges of linguistics, which is to effectively combine description and explanation in linguistics.It is necessary that linguistic theories are not only capable of adequately describing their object of study within their framework, but they must also have a suitable explanatory power.Linguistics centred around the explanation of the why of the system is called here ‘explanatory’ or ‘non-autonomous’, in contrast to ‘descriptive’ or ‘autonomous’ linguistics, which is focused on the description of the system, the distinction being based on the difference in the objects of study, the goals and the descriptive and explanatory possibilities of the theories.From the point of view presented here, a comprehensive study of language has three main components: a general theory of what language is, a resulting theory and description, which is a function of this theory, of how language is organised, functions and has evolved in the human brain, and an explanation of the properties of language found.The explanatory value of a general linguistic theory is a function of various elements, among others, the quantity of the primitive elements of the theory adopted and the effectiveness of Ockham’s razor principle of simplicity. It is also a function of the quality of those elements which can be drawn not only from within the system, but also from outside the system becoming in this situation logically prior to the object under study.In science, in linguistics, one naturally needs two types of approach, two types of linguistics, descriptive/autonomous and explanatory/non-autonomous, one must first describe reality in order to explain it. But it is also certain that since the aim of science is to explain in order to reach that higher level of scientificity above pure description, it is necessary that this aim be realized in different linguistic theories within different research programs, uniting descriptivist and explanatory approaches.

American Legal Philosophy

1985 ◽  
Vol 19 ◽  
pp. 255-272
Author(s):  
Richard Tur
Keyword(s):  
Supreme Court ◽  
Legal Philosophy ◽  
Federal Law ◽  
Law Schools ◽  
American Law ◽  
The Law ◽  
Exciting Time ◽  
Theory Of Law ◽  
Intellectual Movements

Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as ‘American law’. Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions.

FREEDOM OF CONSCIENCE AND RELIGION IN POLISH CONSTITUTIONAL LAW AND CONSTITUTIONAL NEUTRALITY OF THE STATE

2018 ◽  
Vol 2 (XVIII) ◽  
pp. 19-38
Author(s):  
Wojciech Papis ◽  
Krzysztof Kijowski
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
The State ◽  
Legal Issues ◽  
Human Values ◽  
Freedom Of Conscience ◽  
Additional Element ◽  
Religious Associations ◽  
The Law ◽  
Law Making

This article is devoted to the problem of the state’s neutrality of the state - as a guarantee of freedom of conscience and religion. An additional element - to be able to speak about the guarantee of freedom of freedom of conscience and religion - is the question of separating churches and religious associations from institutions and state authorities, from the state as a whole and from the law-making process. The authors point to a deep “anchoring” of the legal issues regarding the guarantee of the freedom of conscience and religion in international law. However, the authors indicate that this does not mean that churches and religious associations should not have a moral right of expression on issues of human values and their protection in the law

scholarly journals Modus Operandi Tindak Pidana Phising Menurut UU ITE

2021 ◽  
Vol 4 (6) ◽  
pp. 2525
Author(s):  
Vikran Fasyadhiyaksa Putra Y
Keyword(s):  
Secondary Data ◽  
Point Of View ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Modus Operandi ◽  
Legal Principles ◽  
Legal Rules ◽  
The Law

AbstractPhishing is an act to commit fraud by tricking the target with the intention of stealing the target's account, by spreading broadcasts which are often carried out through fake emails with fake information that directs the target to a fake page to trap the target so that the perpetrator gets access to the victim's account. Phishing still has some obscurity, especially in the modus operandi of the perpetrator. Therefore, this research aims to analyze and explain the modus operandi of the criminal act of phishing according to the ITE Law. This research is a normative legal research. Because the writing of this research in seeking the truth in order to answer legal issues raised by the author uses secondary data to find legal rules, legal principles, and legal doctrines, and tends to image law as a perspective discipline, which means that only see the law from the point of view of the norms only, which of course is prescriptive. This approach uses a statute approach, a conceptual approach and a case approach.Keywords: Phishing Crime; Cyber; Operandi Mode.AbstrakPhising adalah suatu perbuatan untuk melakukan penipuan dengan mengelabui target dengan maksud untuk mencuri akun target, dengan cara menyebarkan broadcast yang seringkali dilakukan melalui email palsu dengan muatan informasi palsu yang mengarahkan target ke halaman palsu untuk menjebak target sehingga pelaku mendapatkan akses terhadap akun korban, Secara ringkas Perbuatan phising masih memiliki beberapa kekaburan terutama pada modus operandi pelaku. Oleh karena itulah penelitian ini bertujuan untuk menganalisis dan menjelaskan terkait modus operandi Tindak pidana Phising menurut UU ITE. Penelitian ini merupakan penelitian hukum normatif. Karena penelitian ini dalam mencari kebenaran guna menjawab isu hukum yang diangkat penulis menggunakan data sekunder untuk menemukan suatu aturan-aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum, dan cenderung mencitrakan hukum sebagai disiplin prespektif, yang berarti hanya melihat hukum dari sudut pandang norma-normanya saja, yang tentunya bersifat preskriptif. Pendekatan ini menggunakan pendekatan undang-undang (statute approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Kata Kunci: Tindak Pidana Phising; Siber; Modus Operandi.

scholarly journals The Criteria of “Legitimacy” and “Unlawfulness” in the Study of the Processes of Counteraction to the Law

2020 ◽  
pp. 057-065
Author(s):  
N. I. Sukhova ◽  
Keyword(s):  
General Theory ◽  
Points Of View ◽  
The Law ◽  
Theory Of Law

The article considers issues that form the basis of theoretical and related to all the main topics of the general theory of law – the concepts of “legitimacy” and “unlawfulness”. The analysis of the points of view available in science on understanding these forms of thinking led to the conclusion that their meaning is ambiguous and limited. The main goal of the study is to make an attempt to propose an author’s concepts of understanding legitimacy and unlawfulness, using the identified weaknesses of the theoretical positions on these issues. The result of the study was the author’s conclusion about the nature, extent of the meaning of these concepts and the limits of their use in the study of processes of counteraction to the implementation of the law.

scholarly journals ПРО ПРОБЛЕМИ ЗАСТОСУВАННЯ СПОСОБІВ ЗАХИСТУ ПОРУШЕНОГО ПРАВА (НА ПРИКЛАДІ ВИМОГ ПРО ВИЗНАННЯ ПРАВА ВЛАСНОСТІ У ЗАСТАВНИХ ВІДНОСИНАХ)

2019 ◽  
Vol 12 ◽  
pp. 190-202
Author(s):  
О. П. Подцерковний
Keyword(s):  
Legal Issues ◽  
The Law

У статті досліджують правові проблеми, що виникають при обранні способів захисту порушеного права, на прикладі вимог про визнання права власності кредитора при зверненні стягнення на заставне майно боржника. Зроблено висновок про необхідність узагальнення критеріїв обрання способів захисту та покращення якості тлумачення положень законодавства у цій сфері.   The paper investigates the legal issues arising from the choice of ways to protect the violated rights, for example in the requirements for recognition of ownership by the lender foreclose on the collateral of the debtor. It is concluded that the election of a generalized criterion ways of protection and improving quality of the law interpretation in this area to be needed.

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