scholarly journals Reflections on the respect of the rights of citizens during judicial decisions of execution

Author(s):  
Nataliia A. Sergiienko ◽  
Volodymyr I. Galagan ◽  
Zhanna V. Udovenko ◽  
Andriy P. Cherneha ◽  
Nataliia O. Oblovatska

The objective of the article was to analyze the problematic aspects of the judicial executive process, considering its properties and the classification of its stages. The methodological basis of the study are the general and special methods of scientific knowledge (inductive, analytical, hermeneutic, systemic and others). The results of the study include the analysis of scientific approaches to the essence, properties, classification of stages of the executive process and argumentation of theoretical proposals and informed practices. Moreover, the authors' conclusions on certain topics are set out, a new original definition of "stages of the executive process” and their original new classification is based. The practical importance of the results is that the conclusions and proposals made significantly enrich procedural science during the implementation of judicial decisions; it will be useful for the subjects of enforcement proceedings (implementing agents, parties to enforcement proceedings) in the exercise of their procedural rights and the performance of their procedural functions. The conclusions presented based on the analysis can be used to generalize executive practice.

2021 ◽  
Vol 13 (14) ◽  
pp. 7545
Author(s):  
Nikolai Bardarov ◽  
Vladislav Todorov ◽  
Nicole Christoff

The need to identify wood by its anatomical features requires a detailed analysis of all the elements that make it up. This is a significant problem of structural wood science, the most general and complete solution of which is yet to be sought. In recent years, increasing attention has been paid to the use of computer vision methods to automate processes such as the detection, identification, and classification of different tissues and different tree species. The more successful use of these methods in wood anatomy requires a more precise and comprehensive definition of the anatomical elements, according to their geometric and topological characteristics. In this article, we conduct a detailed analysis of the limits of variation of the location and grouping of vessels in the observed microscopic samples. The present development offers criteria and quantitative indicators for defining the terms shape, location, and group of wood tissues. It is proposed to differentiate the quantitative indicators of the vessels depending on their geometric and topological characteristics. Thus, with the help of computer vision technics, it will be possible to establish topological characteristics of wood vessels, the extraction of which would be used to develop an algorithm for the automatic classification of tree species.


Author(s):  
N. Sergiienko

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).


Author(s):  
D.R. Kasimov

The article provides a new classification of evaluative concepts enshrined in the Criminal Code of the Russian Federation, indicates the purpose of its existence in the doctrine of criminal law. The article describes the definition of constitutive evaluative concepts that are determined as legislatively vague evaluative concepts that, by their normative-essential and functionally-substantive characteristics, are absolute, necessarily alternative, or accompanying structural features of a crime. Through the prism of the features of constitutive evaluative concepts, their varieties, essential features and functions are distinguished; interpretation (including cognitive) meaning is revealed. Moreover, the interpretation features of these evaluative concepts are considered in two interdependent aspects: the structurally-essential (associated with the types, attributes and functions of constitutive evaluative concepts) and the procedural-substantive (associated with the informative and informative activities of the interpreter). It is indicated that the interpretation features of an structurally-essential nature are, firstly, in the composition and criminogenic properties of constitutive evaluative concepts, and secondly, in the semantic structural composition, indicating a meaningful dependence of the evaluative concept on the accompanying structural features of a crime, and thirdly, legally significant functional features. At the same time, interpretative features of a procedural-substantive order are also highlighted, which include, firstly, the need for a paramount definition of the criminogenic determinant, designed to establish the structural features of a crime in a perfect act, and secondly, in an increased degree of normative casuistic derivative of these evaluative concepts. The author comes to the conclusion that constitutive evaluative concepts are interpreted according to the same logical-linguistic and legal laws, but with some marked structurally meaningful features.


2020 ◽  
pp. 89-93
Author(s):  
Y. D. Khvorostov ◽  
V. V. Derykolenko ◽  
S. A. Bychkov ◽  
O. I. Tsivenko ◽  
R. N. Hrynov

Summary. Until now, there is no consensus on the classification, diagnosis, and definition of treatment tactics for Mirizzy syndrome (MS). Materials and Methods. Examination and treatment of 152 patients with MS were analyzed. We used the classification of MS that we developed. It systematizes the concepts of Mirizzy syndrome, takes into account the staged formation of a biliary mobility and is of practical importance in the choice of surgical tactics, surgical access and scope of operation. Results and discussion. The standardization of surgical tactics on the basis of the developed classification allows to significantly reduce postoperative complications and mortality. Criteria have also been identified that allow with high reliability to identify the presence of MS at the preoperative stage according to ultrasound and endoscopic retrograde cholangiopancreatography (ERCP). Conclusions. The presented classification is structurally simple and practical in the selection of tactical and technical solutions in the treatment of MS. Clearly defines the clinical, pathomorphological and therapeutic-tactical aspects of this problem. Takes into account the staged formation of biliary mobility. The standardization of surgical tactics based on the developed classification allowed us to significantly reduce postoperative complications and mortality.


2020 ◽  
Vol 26 (5) ◽  
pp. 1099-1117
Author(s):  
M.R. Tashtamirov

Subject. This article tends the approaches to identifying the category of subsidized budget in the Russian Federation and classifying the regions by level of their subsidy dependence. Objectives. The article aims to explore approaches to the interpretation of the category of subsidized budget, propose criteria for categorizing the regional budgets as the subsidy dependent ones, offer an original definition of the local budget subsidy dependence, and on this basis, classify the regions of Russia by level of subsidy dependence. Methods. For the study, I used the methods of comparative, logical, and statistical analyses, and grouping. Results. The article proposes an original definition of budget subsidy dependence and a classification of regions by subsidy dependence level. It also highlights the main problems of Russia's heavily subsidized regions. Conclusions and Relevance. The proposed identification and classification of subsidized regional budgets and analysis of their current state helped reveal the increasing financial dependence of regional budgets on Federal center grants. The results of the study can be used to further explore the area of modification of regulation of inter-budgetary relations based on the type of subsidization of Russia's regions.


2020 ◽  
Vol 32 (3) ◽  
pp. 390-398 ◽  
Author(s):  
Andrew A. Fanous ◽  
Luis M. Tumialán ◽  
Michael Y. Wang

Kambin’s triangle is an anatomical corridor used to access critical structures in a variety of spinal procedures. It is considered a safe space because it is devoid of vascular and neural structures of importance. Nonetheless, there is currently significant variation in the literature regarding the exact dimensions and anatomical borders of Kambin’s triangle. This confusion was originally caused by leaving the superior articular process (SAP) unassigned in the description of the working triangle, despite Kambin identifying that structure in his original report. The SAP is the most relevant structure to consider when accessing the transforaminal corridor. Leaving the SAP unassigned has led to an open-handed application of the term “Kambin’s triangle.” That single eponym currently has two potential meanings, one meaning for endoscopic surgeons working through a corridor in the intact spine and a second meaning for surgeons accessing the disc space after a complete or partial facetectomy. Nevertheless, an anatomical corridor should have one consistent definition to clearly communicate techniques and use of instrumentation performed through that space. As such, the authors propose a new surgically relevant classification of this corridor. Assigning the SAP a border requires adding another dimension to the triangle, thereby transforming it into a prism. The term “Kambin’s prism” indicates the assignment of a border to all relevant anatomical structures, allowing for a uniform definition of the 3D space. From there, the classification scheme considers the expansion of the corridor and the extent of bone removal, with a particular focus on the SAP.


Author(s):  
Dmitry Ruban

Some intra-cratonic basins are traditionally called ?aulacogens?. This term has persisted in the geoscience literature since its invention by Soviet geologists in the mid-20th century before the triumph of the plate tectonics, but its meaning has evolved. Attempts to change its meaning from descriptive to genetic have led to a broad spectrum of opinions on the definition of aulacogens. Some specialists related them to continental rifts, while others have restricted aulacogens to the only particular rift systems or peculiar stages in the evolution of young cratons. The Donets Basin is a typical aulacogen stretching across the southern margin of the East European Craton. A brief review of present knowledge of this basin shows that its nature is rather incompatible with the present understanding of aulacogens. Instead, the new classification of rifts offers a more precise terminology for its exact characteristics. It is suggested that the term ?aulacogen? should only be restricted to those basins for which it has been applied historically.


Author(s):  
Daniel Chavarría-Bolanos ◽  
Amaury Pozos-Guillén ◽  
Mauricio Montero-Aguilar

In 2020, two important changes were adapted by the international health community: a new definition of pain and a new classification for orofacial pain conditions. With these changes new tasks and challenges also emerged, and clinicians from several disciplines begun to adopt and reconsidered classic paradigms, and the policies derived from them. This new perspective article, examine the new definition of pain proposed by the International Association for the Study of Pain, and the new International Classification of Orofacial Pain; analyzing the positive impact and further perspectives of these.


2017 ◽  
Vol 923 (5) ◽  
pp. 26-33
Author(s):  
D.S. Loginov ◽  
S.A. Krylov

At the present time, the common classification of geophysical maps is missing, which is a consequence of their long-term development of the geological mapping. The features of existing approaches to the definition of geophysical maps’ place among maps of natural phenomena and the limitations of existing lists of mapping themes were determined and identified in this article. New approaches to the classification of geophysical maps that take into account the completeness of their contents and the current state of geophysical mapping were offered. A new classification of geophysical maps was elaborated based on four criteria


2020 ◽  
Vol 11 ◽  
pp. 45-48
Author(s):  
Vladimir S. Ishigeev ◽  
◽  
Iraida V. Smolkova ◽  
Anastasia V. Puzikova ◽  
◽  
...  

The article analyzes the forensic features that affect the disclosure and investigation of criminal cases related to occupying the highest position in the criminal hierarchy (Art. 2101 of the Criminal Code of the Russian Federation). The authors point out two important points in the investigation of criminal cases related to occupying a higher position in the criminal hierarchy. The first appearance of the new norms of the criminal law, like many others, stipulates the development for the investigation bodies of a certain method of investigation based on scientific knowledge. Second, to form the evidence base in a criminal case and, in general, to develop a methodology for investigating such cases, it is necessary to establish a key point related to the definition of the basic concept of “occupying a higher position in the criminal hierarchy” In this connection, it is of practical importance for this category of criminal cases to identify forensic characteristics and their subsequent integration with the knowledge of other sciences involved in determining the essence of the prohibition established by the criminal law.


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