scholarly journals Characteristics of the Legislative Regulation of Participation of Representatives and Other Participants in the Civil Process

Author(s):  
Olexander D. Krupchan ◽  
Andrii B. Hryniak ◽  
Mariana D. Pleniuk ◽  
Oleksandr A. Lyubchik ◽  
Dmitriy V. Talalai

The relevance of the issues outlined in the article is due to the peculiarities of the legislative regulation of the participation of representatives and other actors in the civil process of Ukraine. In this vein, the purpose of the article is to scientifically prove that procedural representation differs significantly from representation in civil law, among other things, in the object and nature of the relationship that exists between the representative and the principal, thus as well as the legal grounds and consequences of both processes. Furthermore, it is observed that the specialist, unlike the expert, acts as an assistant and consultant to the court and does not carry out an independent investigation aimed at clarifying the relevant circumstances of the case. The main method of research on this topic was modeling, which allowed, among other things, to consider the civil process as the only organizational lawsuit that serves to resolve the life situation. It is concluded that the legislative participation model of representatives and other people aims to improve their professional skills aimed at strengthening the work of the judiciary, while managing and resolving various conflicts of different nature to guarantee social order.

2019 ◽  
Vol 1 (2) ◽  
pp. 96
Author(s):  
Ana Cecilia De Paz Lazaro ◽  
Jessica Luz Palomino Collantes

The objective of the research is to determine the relationship between academic motivation and the professional skills development in the specialty of Social Sciences and Tourism. The study is quantitative and the design is non-experimental correlational translational. The results indicate that there is a high level relationship (0.914) between the independent academic motivation variable and the professional competences development in the Specialty of Social Sciences and Tourism. In conclusion, motivation is directly related to the professional skills development in the specialty of Social Sciences and Tourism. The research results conclude that there is a high relationship between the variables.


Author(s):  
А. I. Grabovets ◽  
V. P. Kadushkina ◽  
S. А. Kovalenko

With the growing aridity of the climate on the Don, it became necessary to improve the methodology for conducting the  breeding of spring durum wheat. The main method of obtaining the source material remains intraspecific step hybridization. Crossings were performed between genetically distant forms, differing in origin and required traits and properties. The use of chemical mutagenesis was a productive way to change the heredity of genotypes in terms of drought tolerance. When breeding for productivity, both in dry years of research and in favorable years, the most objective markers were identified — the size of the aerial mass, the mass of grain per plant, spike, and harvest index. The magnitude of the correlation coefficients between the yield per unit area and the elements of its structure is established. It was most closely associated with them in dry years, while in wet years it decreased. Power the correlation of the characteristics of the pair - the grain yield per square meter - the aboveground biomass averaged r = 0.73, and in dry years it was higher (0.91) than in favorable ones (0.61 - 0.70) , between the harvest and the harvest index - r = 0.81 (on average). In dry years, the correlation coefficient increased to 0.92. Research data confirms the greatest importance of the mass of grain from one ear and the plant in the formation of grain yield per unit area in both dry and wet years. In dry years, the correlation coefficient between yield and grain mass per plant was on average r = 0.80; in favorable years, r = 0.69. The relationship between yield and grain mass from the ear was greater — r = 0.84 and r = 0.82, respectively. Consequently, the breeding significance of the aboveground mass and the productivity of the ear, as a criterion for the selection of the crop, especially increases in the dry years. They were basic in the selection.


Author(s):  
Karen J. Alter ◽  
Laurence R. Helfer

This chapter discusses the Andean Tribunal Justice (the ATJ or Tribunal) and considers how the ATJ has fared during a period of regional political crisis and declining governmental support for Andean Community institutions. The “island” of narrow, intermediate, and extensive authority for intellectual property disputes that developed prior to the mid-2000s is resilient and even thriving, even as the ATJ’s de jure authority has contracted and its de facto authority has been threatened by proposals by Ecuador to merge the Andean Community with MERCOSUR and by politically high-profile noncompliance suits involving Ecuadoran import restrictions. Yet even in these contentious cases, the Andean legal system—backstopped by overlapping constraints of the World Trade Organization (WTO)—pushed Ecuador to offer plausible legal grounds to defend its import restrictions. The chapter concludes by exploring the relationship between the ATJ’s de facto authority and its limited power to shape regional economic policy.


2021 ◽  
pp. 194855062097802
Author(s):  
Todd K. Hartman ◽  
Thomas V. A. Stocks ◽  
Ryan McKay ◽  
Jilly Gibson-Miller ◽  
Liat Levita ◽  
...  

Research has demonstrated that situational factors such as perceived threats to the social order activate latent authoritarianism. The deadly COVID-19 pandemic presents a rare opportunity to test whether existential threat stemming from an indiscriminate virus moderates the relationship between authoritarianism and political attitudes toward the nation and out-groups. Using data from two large nationally representative samples of adults in the United Kingdom ( N = 2,025) and Republic of Ireland ( N = 1,041) collected during the initial phases of strict lockdown measures in both countries, we find that the associations between right-wing authoritarianism (RWA) and (1) nationalism and (2) anti-immigrant attitudes are conditional on levels of perceived threat. As anxiety about the COVID-19 pandemic increases, so too does the effect of RWA on those political outcomes. Thus, it appears that existential threats to humanity from the COVID-19 pandemic moderate expressions of authoritarianism in society.


2021 ◽  
Vol 13 (11) ◽  
pp. 6281
Author(s):  
Sheela Sundarasen ◽  
Kamilah Kamaludin ◽  
Izani Ibrahim ◽  
Usha Rajagopalan ◽  
Nevi Danila

This study explores the effects of interactions among key stakeholders, i.e., auditors, underwriters, and firm owners on IPOs’ first-day returns in selected OECD nations. It also examines the alteration effects of legal origin (Common law and Civil law) on the relationship between the interacted key stakeholders and IPOs’ first-day returns. A total of four thousand one hundred and sixty-four IPOs from twenty-eight OECD nations are included in this study. Since it is cross-sectional data, a two-stage least square regression is applied. The empirical outcomes indicate that, in general, the interacted reputable underwriters and auditors have a positive impact on IPOs’ first-day return. The relationship is modified between common law and civil law nations, whereby in civil law nations, no significance is demonstrated except for the interaction between the reputable auditors and underwriters. In the common law nation, interactions between reputable auditors and ownership retention have an impact on IPOs’ first-day return. The research findings provide outlooks into an IPO framework for issuers, investors, and regulators. Issuers may want to weigh carefully the costs and benefits of hiring credible auditors and underwriters when going public as they act as signaling agents. As for the investors, they should take into consideration the involvement of reputable underwriters and auditors and the degree to which the IPO firms retain ownership, as the interactive effects give clear signals on firm valuation and IPOs’ first-day returns. Regulators may find the findings informative concerning the creation of a more organized regulatory and financial system that could lead to a deeper and more open financial market.


Südosteuropa ◽  
2020 ◽  
Vol 68 (3) ◽  
pp. 386-407
Author(s):  
Mladen Lazić ◽  
Jelena Pešić

AbstractBased on research data from 2003, 2012, and 2018, the authors examine the extent to which capitalist social relations in Serbia have determined liberal value orientations. The change of the social order in Serbia after 1990 brought about a radical change of the basis upon which values are constituted. To interpret the relationship between structural and value changes, the authors employ the theory of normative-value dissonance. Special attention in the analysis is paid to the interpretation of value changes based on the distinction between intra- and inter-systemic normative-value dissonance. In the first part of their study, the authors examine changes in the acceptance of liberal values over the period of consolidation of capitalism in Serbia, while in the second part they focus on the 2018 data and specific predictors of political and economic liberalism.


Sociology ◽  
2018 ◽  
Vol 53 (1) ◽  
pp. 87-103 ◽  
Author(s):  
Kristian Frisk

The article discusses four dominant perspectives in the sociology of heroism: the study of great men; hero stories; heroic actions; and hero institutions. The discussion ties together heroism and fundamental sociological debates about the relationship between the individual and the social order; it elucidates the socio-psychological, cultural/ideational and socio-political structuring of heroism, which challenges the tendency to understand people, actions and events as naturally, or intrinsically, heroic; and it points to a theoretical trajectory within the literature, which has moved from very exclusive to more inclusive conceptualisations of a hero. After this discussion, the article examines three problematic areas in the sociology of heroism: the underlying masculine character of heroism; the presumed disappearance of the hero with modernisation; and the principal idea of heroism as a pro-social phenomenon. The article calls for a more self-conscious engagement with this legacy, which could stimulate dialogue across different areas of sociological research.


2016 ◽  
Vol 43 (4-5) ◽  
pp. 747-761 ◽  
Author(s):  
Werner Bonefeld

The contribution examines the market liberal veracity of Hayek’s view that a dictatorship may be more liberal in its policies than an unlimited democratic assembly. Hayek’s warning about the potentially illiberal character of democratic government is key to the German ordoliberal thinking that emerged in the context of the crisis of the Weimar Republic. The ordoliberal thinkers were keenly aware of Schmitt’s political theology and argued with him that the state is the predominant power in the relationship between market and state, conceiving of this relationship as free economy and strong state. They maintained that the establishment of social order is the precondition of free economy; law does not apply to disorder and does not create order. The liberal state is the ‘concentrated force’ of that order. The contribution argues that ordoliberalism is best characterized as an authoritarian liberalism and assesses its contemporary veracity in relation to the European Union.


2021 ◽  
Vol 3 (3) ◽  
pp. 214-231
Author(s):  
S.I. Suslova

Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of scientific specialties towards its enlargement creates the basis for the development of the scientific theory of intersectoral relations, developed by M.Iu. Chelyshev. An in-depth study of the intersectoral interaction of civil law and civil procedure will contribute not only to the development of scientific knowledge, but also will allow solving practical problems at a different methodological level. Purpose: to analyze the stages of the formation of scientific specialties in the context of the relationship between civil law and procedure, to identify the advantages and disadvantages of uniting and dividing civil law and procedure in scientific research, to analyze dissertations in different periods of development of the science of civil law and the science of civil procedure, to formulate ways to improve directions of research to bridge the gap between the science of civil law and procedure. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic. The legal-dogmatic private scientific method was used. Results: identified the main views on the ratio of material and procedural branches in legal science; it is illustrated that the intersectoral approach is currently admissible only for dissertations in the specialty 12.00.15, which led to an almost complete absence of scientific research on this topic in civil science; substantiated the need to establish the bilateral nature of the relationship and interaction of material and procedural block. Conclusions: reforming the nomenclature of scientific specialties by right in the direction of their enlargement should have a positive effect on bridging the gap that has developed between works on civil law and civil law procedure in the last years of their separate existence. This is especially true of civil science, which developed its own scientific theories in isolation from the possibilities of their implementation within the framework of procedural law. The methodological basis for solving these problems has already been formed – this is an intersectoral method, the application of which is justified and demonstrated in the works of M.Iu. Chelyshev.


2021 ◽  
Vol 1 (XXI) ◽  
pp. 155-172
Author(s):  
Wojciech Papis

In the second part of the article, the author discusses the procedure for recognizing normative acts as unconstitutional - which is the basis for claiming compensation from the state treasury for damages caused by the application of these unconstitutional normative acts and regulations based on the provisions of substantive civil law. When analyzing the content of the regulations regarding the COVID-19 epidemic, the author reviews the regulations that raise doubts in the doctrine as to their constitutionality. He also notes the inconsistency of these provisions with the legal system. Finally, the problem of possible compensation of the state treasury for damages caused by the legal activities of public authorities is discussed


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