scholarly journals PROVA JUDICIAL E VERDADE PROCESSUAL: UM ESTUDO SOB A PERSPECTIVA DA TEORIA DO CONHECIMENTO

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Samara De Oliveira Pinho
Keyword(s):  
Critical Analysis ◽  
Theory Of Knowledge ◽  
Procedural Law ◽  
Legal Science ◽  
Knowledge Theory ◽  
The Subject ◽  
Bibliographical Survey ◽  
Do So

JUDICIAL PROOF AND PROCESSUAL TRUTH: A STUDY FROM THE KNOWLEDGE THEORY PERSPECTIVE RESUMO: Este trabalho tem por objeto o estudo a compreensão da prova judicial e da respectiva verdade probatória, à luz da teoria do conhecimento e sua repercussão na Ciência Jurídica. Nesse sentido, busca-\se de colaborar com um refinamento teórico das práticas adotadas no campo da legislação processual civil em relação à interpretação e aplicação do instituto da prova judicial. Para tanto, realizar-se-á levantamento bibliográfico de obras e artigos de períodos quanto à temática, com fins de oferecer elementos para uma análise crítica, apresentado os respectivos resultados.PALAVRAS-CHAVE: Prova Judicial; Verdade; Epistemologia; Processo Civil.ABSTRACT: This study aims to study the understanding of judicial evidence and the respective evidential truth, in light of the theory of knowledge and its repercussion in Legal Science. In this sense, we seek to collaborate with a theoretical refinement of the practices adopted in the field of civil procedural law in relation to the interpretation and application of the judicial test institute. In order to do so, a bibliographical survey of works and period articles on the subject will be carried out, in order to offer elements for a critical analysis, presenting the respective results.KEYWORDS: Judicial Proof; Truth; Epistemology; Civil lawsuit.Data da submissão: 16/01/2020                  Data da aprovação: 05/05/2020

scholarly journals The concept of criminal procedural legal relations: definition of concept

2019 ◽  
pp. 185-196
Author(s):  
V. Vinnychenko
Keyword(s):  
Critical Analysis ◽  
Public Law ◽  
Axiomatic Method ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
European Court ◽  
The Face ◽  
The Subject ◽  
Theory Of Law ◽  
Definition Of

The concept of criminal procedural legal relations in the context of modern globalism of criminal proceedings is considered in the article. Scientific approaches to definition of concept of legal relations, subject of criminal procedural law, method of criminal procedural law are investigated. The purpose of the article is to define the concept of criminal procedural legal relations under modern criminal proceedings. The author is investigated: Approaches to defining the concept of legal relations and Criminal procedural legal relations; Subject of criminal procedural law and method of criminal procedural law. During the research, a critical analysis of the mentioned scientific material is made and its own scientific approach to the definition of the criminal procedural legal relations is developed. During the copyright it is investigated a number of methods of scientific cognition, in particular, how: the method of scientific formalization; Axiomatic method; Hypoolytic-Deduktive method. The concept of the theory of Law on definition of notion and signs of legal relations was investigated, the analysis of these concepts was made and the concept of criminal procedural legal relations was chosen. The concept of criminal procedural legal relations provided by Ukrainian scientists and the critically-critical analysis of these concepts is investigated. It is given that existing approaches are not correct for modern legal reality and cannot be flexible in the face of progressive globalized development of the modern criminal procedural law. Scientific approaches to the subject of criminal procedural law as signs of criminal procedural legal relations are investigated. Scientific approaches to definition of criminal procedural law method as signs of criminal procedural legal relations are investigated. The analysis of the criminal procedural legislation and precedents of the European Court of Human Rights as a source of international public law is carried out. Generalized and scientifically deduction method output the concept of criminal procedural legal relations, which may be applied under the conditions of modern globalized criminal proceedings. The study has an interdisciplinary character. The author conducts research using the scientific base of Globalistics, Furturilogy, international relations.

scholarly journals Entre a corrupção e a ineficiência: a implementação do Estado Gerencial Brasileiro como um dos mitos do direito administrativo

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Emerson Affonso da Costa Moura
Keyword(s):  
Critical Analysis ◽  
The State ◽  
State Action ◽  
Administrative Reforms ◽  
State Management ◽  
Brazilian State ◽  
Administrative Culture ◽  
The Subject ◽  
Legislative Reforms ◽  
Do So

<p>Análise crítica da tentativa de implementar o Estado Gerencial à luz da realidade das instituições político-administrativas brasileiras é o tema posto a debate. Analisa-se em que medida foi possível através das referidas reformas legislativas a cultura administrativa solidificada na ação estatal. Para tanto abordará a formação patrimonialista estatal, a tentativa de reformas administrativas e a proposta do Estado Gerencial Brasileiro com as críticas pertinentes à luz dos mitos administrativos.</p><p> </p><p>Critical analysis of the attempt to implement the Managerial State in light of the reality of Brazilian political-administrative institutions is the subject of debate. It is analyzed to what extent it was possible through the aforementioned legislative reforms the solidified administrative culture in the state action. In order to do so, it will address state patrimonial formation, the attempt of administrative reforms and the proposal of the Brazilian State Management with the pertinent criticisms in the light of administrative myths.</p>

scholarly journals Vexed questions of legal definition of unfair competition

2020 ◽  
pp. 81-89
Author(s):  
Vladislav Igorevich Shcherbatykh
Keyword(s):  
Critical Analysis ◽  
Unfair Competition ◽  
Federal Law ◽  
Legal Definition ◽  
Uniform Approach ◽  
Legal Science ◽  
Efficient Protection ◽  
The Subject ◽  
Definition Of

The subject of this research is the legal definition of the concept of &ldquo;unfair competition&rdquo; established by the Federal Law &ldquo;On Protection of Competition&rdquo;. The goal of this research is to analyze the content of this legal definition, determine its elements, as well as assess the legal definition from the perspective of its unambiguousness and correspondence to the goal of regulation of relations pertaining to protection from unfair competition, including through the analysis of the existing views within the doctrine. The novelty of this research consists in the critical analysis of the existing within legal science approaches towards assessment of legal definition of unfair competition formulated in Russian legislation, as well as postulation of a previously undiscussed problem pertaining to establishment of such sign of unfair competition as possibility of causing losses. The conclusion is made on correspondence of the legal definition of unfair competition in the current legislation to the goals of efficient protection of competition contrary to critical assessments that are prevalent within the doctrine, as well as on the necessity to form a uniform approach of the practice towards proving the possibility of inflicting losses as a sign of unfair competition.

Planification: Potential and role in XXI century market economy

2016 ◽  
pp. 63-80 ◽  
Author(s):  
A. Buzgalin ◽  
A. Kolganov
Keyword(s):  
Economic Development ◽  
20Th Century ◽  
Market Economy ◽  
Critical Analysis ◽  
New Economy ◽  
Real Socialism ◽  
The Subject ◽  
Planning Institutions

The authors, basing on a critical analysis of the experience of planning during the 20th century in a number of countries of Europe and Asia, and also on the lessons from the economics of "real socialism", set out to substantiate their conclusions on the advisability of "reloading" this institution. The aim is to create planning mechanisms, suited to the new economy, that incorporate forecasting, projections, direct and indirect selective regulation and so forth into integral programs of economic development and that set a vector of development for particular limited spheres of what remains on the whole a market economy. New planning institutions presuppose a supersession of the forms of bureaucratic centralism and a reliance on network forms of organization of the subject and process of planning.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Pakistan’s Development: Successes, Failures, and Future Tasks (Presidential Remarks)

1997 ◽  
Vol 36 (4I) ◽  
pp. 321-331
Author(s):  
Sarfraz Khan Qureshi
Keyword(s):  
Indian Subcontinent ◽  
General Meeting ◽  
The Past ◽  
Past Half Century ◽  
The Social ◽  
The Subject ◽  
Golden Jubilee ◽  
Freedom Movement ◽  
Past Half ◽  
Do So

It is an honour for me as President of the Pakistan Society of Development Economists to welcome you to the 13th Annual General Meeting and Conference of the Society. I consider it a great privilege to do so as this Meeting coincides with the Golden Jubilee celebrations of the state of Pakistan, a state which emerged on the map of the postwar world as a result of the Muslim freedom movement in the Indian Subcontinent. Fifty years to the date, we have been jubilant about it, and both as citizens of Pakistan and professionals in the social sciences we have also been thoughtful about it. We are trying to see what development has meant in Pakistan in the past half century. As there are so many dimensions that the subject has now come to have since its rather simplistic beginnings, we thought the Golden Jubilee of Pakistan to be an appropriate occasion for such stock-taking.

The Mystery of Freedom

2020 ◽  
pp. 192-206
Author(s):  
Pilar López de Santa María
Keyword(s):  
The State ◽  
Theory Of Knowledge ◽  
The Will ◽  
The Subject ◽  
Different Parts

Freedom is the focus of the first of the writings included in The Two Fundamental Problems of Ethics. The attention that Schopenhauer devotes to the subject does not stop here, however, since freedom appears recurrently in different parts of his system. It is linked to his theory of knowledge, metaphysics, aesthetics, and the denial of the will. This chapter follows that track and examines the presence in different contexts of Schopenhauerian thought of a freedom that is so undeniable as unexplainable. In this way will be shown Schopenhauer’s transition from the freedom of the voluntas to the freedom of noluntas [non-willing] and the state of great liberation that occurs because the will frees itself from itself. It is a transition that begins and ends at the same point: mystery

Insanity and Divorce

1892 ◽  
Vol 38 (162) ◽  
pp. 378-382
Author(s):  
A. Wood Renton
Keyword(s):  
Critical Analysis ◽  
Historical Development ◽  
The Subject ◽  
The Law

In view of the interest which the subject is at present arousing, a critical analysis of the historical development of the law of insanity in its relation to divorce may be neither inopportune nor uninstructive.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Critical Analysis of Methods for Assessing the Innovation Potential of an Enterprise

2021 ◽  
Vol 9 (1) ◽  
pp. 28-35
Author(s):  
Mariya Podshivalova ◽  
S. Almrshed
Keyword(s):  
Critical Analysis ◽  
Graphical Representation ◽  
Assessment Tools ◽  
Classification Model ◽  
Second Stage ◽  
Innovation Potential ◽  
Economic Statistics ◽  
Starting Point ◽  
The Subject ◽  
Innovative Capacity

The starting point of research on assessing the innovative capacity of an enterprise is the question of definitions. In this regard, authors initially turned to review of scientific literature on the subject of definitions variety for the term "enterprise innovative capacity". These data show that the wording of this term by both foreign and Russian researchers differs significantly. Authors propose a systematization of approaches to the definition and a corresponding graphical classification model, which highlights the evolutionary, resource, functional and process approaches. Further, a critical analysis of approaches to assessing enterprise innovative capacity is carried out. At the first stage, the content of modern assessment methods was studied, and at the second stage, the mathematical tools used were studied. Authors have formed a graphical representation of critical analysis results and based on it, they have concluded that among the approaches to assessing enterprise innovative capacity, the evolutionary approach should be recognized as promising, and among the methods of quantitative assessment – tools of economic statistics.

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