Effective control over ensuring human rights and freedoms as a dimension of a democratic society: Social context

This research aims to study the problem of ensuring effective control over the implementation and observance of human rights and freedoms, in particular, in the format of social rights. The relevance of the stated topic is determined by the expediency of rethinking the nature and significance of social human rights in the context of modern realities, recognising the fact that the quality of life of each individual depends on the possibility of timely implementation of these rights, and therefore special attention should be paid to ensuring effective control over the observance of social rights in the context of democratic legal development. The basis for the research were the following problems: ensuring a sufficient standard of living for citizens in today's challenges and threats, legal certainty as a prerequisite for a stable law and order, lack of clear guarantees to ensure effective control over human rights and freedoms and more. The purpose of this study is to analyse the role and importance of the nature of social human rights as a component of social policy in order to justify the need to improve control in all its forms and manifestations of the effectiveness of their observance, protection and provision in today's conditions. Important methodological tools in the study were the provisions of the dialectical approach, which provided an opportunity to reveal the nature and purpose of social human rights, as well as areas for improving control over their provision and protection. The main results obtained during the research were: coverage of the essence of social rights at the present stage; study of the nature, levels of manifestation and types of control over the implementation and observance of human rights, freedoms and legitimate interests. The value of this work lies in obtaining practical recommendations for finding ways to improve control over the provision and protection of human rights and freedoms in the context of modern democratic development

Hobbes on Property: Between Legal Certainty and Sovereign Discretion

Hobbes treats individual property as regulated by stable law, yet dependent on the arbitrary will of the sovereign. In this paper I catalogue the different definitions of property present in his main political and legal works – The Elements of Law (1640), De Cive (1642, 2nd ed. 1647), Leviathan (1651) and A Dialogue between a philosopher and a student (1681) – with the aim of showing how he attempted to square those commitments. I record how the definitions of property affect his views about how sovereigns hold property, the nature of the liability of subjects to having their property confiscated by the sovereign, and the legal conflicts that may arise between subjects and their rulers regarding such confiscations.

Tempered relaxation equation and related generalized stable processes

Fractional relaxation equations, as well as relaxation functions time-changed by independent stochastic processes have been widely studied (see, for example, [21], [33] and [11]). We start here by proving that the upper-incomplete Gamma function satisfies the tempered-relaxation equation (of index ρ ∈ (0, 1)); thanks to this explicit form of the solution, we can then derive its spectral distribution, which extends the stable law. Accordingly, we define a new class of selfsimilar processes (by means of the n-times Laplace transform of its density) which is indexed by the parameter ρ: in the special case where ρ = 1, it reduces to the stable subordinator. Therefore the parameter ρ can be seen as a measure of the local deviation from the temporal dependence structure displayed in the standard stable case.

Necessary and sufficient condition for ℳ2-convergence to a Lévy process for billiards with cusps at flat points

We consider a class of planar dispersing billiards with a cusp at a point of vanishing curvature. Convergence to a stable law and to the corresponding Lévy process in the [Formula: see text] and [Formula: see text] Skorohod topologies has been studied in recent work. Here, we show that certain sufficient conditions for [Formula: see text]-convergence are also necessary.

Limit theorems for additive functionals of continuous time random walks

For a continuous-time random walk X = {X t , t ⩾ 0} (in general non-Markov), we study the asymptotic behaviour, as t → ∞, of the normalized additive functional $c_t\int _0^{t} f(X_s)\,{\rm d}s$ , t⩾ 0. Similarly to the Markov situation, assuming that the distribution of jumps of X belongs to the domain of attraction to α-stable law with α > 1, we establish the convergence to the local time at zero of an α-stable Lévy motion. We further study a situation where X is delayed by a random environment given by the Poisson shot-noise potential: $\Lambda (x,\gamma )= {\rm e}^{-\sum _{y\in \gamma } \phi (x-y)},$ where $\phi \colon \mathbb R\to [0,\infty )$ is a bounded function decaying sufficiently fast, and γ is a homogeneous Poisson point process, independent of X. We find that in this case the weak limit has both ‘quenched’ component depending on Λ, and a component, where Λ is ‘averaged’.

Law myth as a value basis of the law reality of Russia

The purpose of this article is an axiological research of the role of the law myth in the construction and functioning of the law reality of Russia. The methodological basis of the research is a postclassical paradigm, which focused on an interdisciplinary philosophical and law research of law phenomena in a broad historical and sociocultural context, and the corresponding socio-constructivist approach, which involving the research of law reality as a result of human subjective and intersubjective creative activity. One of the areas of human activity is the law myth, which plays a large role in the creation and functioning of law reality. Results: Axiological research of law myths allows to identify their theoretical and practical potential in the law life of a person and law reality. Each epoch has its own authoritarian and stable law myths, which are designed to create a certain image of law reality, which correlates with the value expectations of subjects of law consciousness and law culture. The law myth always has its core law value. The law myth appears as an internally-ordered imperative statement, which is aimed at the formation of a certain element of the image of law reality. Through law mythology, there is a legitimization of the processes taking place in society, primarily in the most normative spheres of society in politics and law. There is an attribution one or another meaning to social phenomena. Thus, law myths penetrate to legislation, acquiring the role of an ideological source of law. Identification of the myth by the law conscience turns it into a definite matrix, which serves as a standard for assessing the relevant law behavior. The law myth has a dichotomous nature. On the one hand, it is intended to interpret law reality. On the other hand, myths construct reality not only mentally, but also verbally.

The Calculation of the Density and Distribution Functions of Strictly Stable Laws

Integral representations for the probability density and distribution function of a strictly stable law with the characteristic function in the Zolotarev’s “C” parametrization were obtained in the paper. The obtained integral representations express the probability density and distribution function of standard strictly stable laws through a definite integral. Using the methods of numerical integration, the obtained integral representations allow us to calculate the probability density and distribution function of a strictly stable law for a wide range of admissible values of parameters ( α , θ ) . A number of cases were given when numerical algorithms had difficulty in calculating the density. Formulas were given to calculate the density and distribution function with an arbitrary value of the scale parameter λ .