Gênero & Direito

VIOLÊNCIA SEXUAL:

Gabriela Batista Geraldo — 2020-05-30

A universidade foi por muito tempo entendida enquanto um lugar seguro, e os objetos estudados seriam fenômenos vindos de fora de sua estrutura. Apenas recentemente surgiram pesquisas que apontam questões de violência dentro da universidade, pois, como afirmou Almeida (2017), agora têm se intensificado o número de denúncias de assédios e estupros nesse ambiente. Deste modo, esta pesquisa teve como objetivo analisar as concepções construídas em torno da questão de estupro e assédio por estudantes, a partir de experiências no contexto universitário. A investigação foi realizada com método misto, utilizou como instrumento um questionário online, e os dados foram analisados por meio de análise de conteúdo. Os resultados obtidos foram divididos a partir de três categorias, que contemplam concepções de estupro, abuso sexual e assédio. A partir desse estudo, percebeu-se que, apesar de diferenciações, ainda é nebulosa a distinção desses dois conceitos para muitas/os estudantes.

INVESTIGATION OF REQUIREMENTS AND LEGAL FRAMEWORK OF INTEGRATED MANAGEMENT OF THE PERSIAN GULF COAST IN IRAN TO PRESENT IDEAL LEGAL MODELS

Ronak Jalali — 2020-05-30

Coastal zones are the most productive and dynamic zones of the world and the bed for big economic and social activities at the world. Along with increased population and development of activities in these fields over the past decades, high pressure has been imposed on these zones and they have been exposed to types of pollutions and destructions. Iran's coasts are not also an exception and especially Persian Gulf Coasts have been exposed to types of pollutions and development of land uses beyond the tolerance of these zones. Hence, over the past years, some efforts have been taken to improve the conditions and the conditions dominated on this field. In this regard, wide exploitations in field of fishery, tourism, business transportation and other fields can double the importance of integrated management of Persian Gulf Coasts. With approval of article 63 of The Fourth Development Plan Act and its Executive Code, it is expected that the problems with Iranian coasts can be solved generally and the Persian Gulf coasts can be organized specially based on the executive mechanisms and the obligations predicted for executive systems in the regulations. The organization process should be the result of studying and planning in frame of environmental integrated management process.

INVESTIGATING DOMESTIC VIOLENCE AGAINST WOMEN

Shahla Golparvar — 2020-05-30

Domestic violence is a burden on numerous sectors of the social system and quietly, yet dramatically, affects the development of a nation… batterers cost nations fortunes in terms of law enforcement, health care, lost labor and general progress in development. These costs do not only affect the present generation; what begins as an assault by one person on another, reverberates through the family and the community into the future”. (Zimmerman). Domestic violence is a global issue reaching across national boundaries as well as socio-economic, cultural, racial and class distinctions. This problem is not only widely dispersed geographically, but its incidence is also extensive, making it a typical and accepted behavior. Domestic violence is wide spread, deeply ingrained and has serious impacts on women's health and well-being. Its continued existence is morally indefensible. Its cost to individuals, to health systems and to society is enormous. Yet no other major problem of public health has been so widely ignored and so little understood

INVESTIGATING THE LEGAL PRINCIPLES OF LEGAL RECONCILIATION IN CRIMINAL MATTERS

Franak Heydari Dehaghani — 2020-05-30

Spiritual dignity is the most important human capital, whose importance does not equal anything other than value. This prestige and prestige gives him the opportunity to take part in his social role. Therefore, the loss of life after this person's life brings many tools and opportunities to him, such as those who are accused or guilty of any reason, in a heavier position Because they are faced with a lack of judicial review of their dignity and reputation, which is necessary to restore it or, in other words, restore reputation. In this regard, the government plays a role in another sense, or in other words, responsible for the reputation of those who have been damaged to their dignity and reputation, which sometimes directly imposes obligations on governmental institutions, including the public prosecutor, and sometimes government agencies It makes the person or groups required to do the work (compensate for the unjust charges against the individual), the same is true of the perpetrators; the notion of dignity in the concept that is the subject of this article is the expression It is to repair the damages caused to the dignity and dignity of those who d In the area of criminal matters, judicial proceedings have been taken and damaged by their honor and reputation in this area. In this sense, the defendants have been acquitted and the defendants are also mistaken.

IMPLEMENTATION OF STATE SOCIAL POLICY IN THE SPHERE OF STATE FINANCIAL GUARANTEES OF PUBLIC HEALTH SERVICES

Olesia Kornilova — 2020-05-30

The article is devoted to a detailed analysis of the implementation of the state social policy in the sphere of state financial guarantees of public medical services and the activity of the National Health Service of Ukraine, its main purposes and functions. Amendment proposals to improve national legislation in the sphere of healthcare are being formulated. Problems of standards and warranties in the sphere of healthcare are also investigated in the article, because health is a top priority for both the citizen and the nation as a whole. The problems of financial guarantees of public health services have been analyzed, eventually the healthcare sector remained unattended for a quite a long time, despite the constant integration processes, implementation of international legal acts into national legislation. The results that are currently being achieved thanks to the ongoing medical reform show a number of unresolved issues and inconsistencies in the area of financial guarantees for public health services, but for example, the system "money follow a client" is gradually becoming a generally accepted fact that has only a positive effect not only for economy, but also in medicine sphere.

TOPICAL ISSUES OF REGULATION OF THE LEGAL FRAMEWORK FOR ENSURING HUMAN RIGHTS AND FREEDOMS AT THE INTERNATIONAL LEVEL

Vadim Avdeevich Avdeev — 2020-05-30

The article investigates the legal basis for ensuring international security in the context of the protection of peace and humanity in globalized domestic legal systems. In the context of globalization, a wave of new nationalist ideas and moods is rising and there is a tendency for states to redistribute the spheres of economic and political influence. The principle of justice is not always dominant in making certain key decisions in interstate interaction. New directions of state development in the context of globalization make it necessary to improve the system of ensuring security of the world and humanity taking into account international legal principles. Modern public policy should be aimed at preserving the right of humankind to peace and secure coexistence on a friendly basis among cooperating states. In national legal systems, a mechanism for ensuring the security of peace and humanity that takes into account regional features is becoming a priority. Attention is focused on the state of security declared by national and international law guaranteed by the international community. The development and implementation by the international community of legal principles that should form the basis for legal regulation of the state of security is of fundamental importance. The article analyzes international legal acts aimed at strategic directions of ensuring security of peace and humanity in national legal systems.

The article notes that one of the directions to ensure security of the world and humanity is to bring the norms of national law into conformity with the norms, principles and provisions of international normative legal acts of regional and universal character. The research is based on private and general scientific methods of cognition. Special attention is paid to the use of comparative legal and formal-legal methods of examining objective reality. Sociological, logical and statistical methods and means of comprehending social realities have significance. The result of the analysis was the identification of factors that determine the crime development against peace and security of humanity. Conclusions were formulated concerning the trends in the implementation of the state policy which predetermines new directions of the criminal-legal policy in the field of minimizing the process of criminalizing public relations to ensure security of the world and humanity. The priority directions of social evolutionism in the field of protecting the inviolability of the interests of the world and humanity are subject to designation. Actual questions of legislative and organizational-practical character in the field of counteraction to encroachments on peace and security of mankind are considered.

IDENTITY AS A SOCIOCULTURAL FACTOR AND A SOURCE OF MODERN ETHNIC CONFLICTS

Mikhail Yuryevich Zelenkov — 2020-05-30

Ethnic conflict as a destructive phenomenon of modern human civilization is the object of the study. The specific subject under examination is identity that presents one of the characteristic foundations of an ethnic group. The research goal identified by the authors is to conduct an analysis of the identities of the ethnic groups of India, Middle East, and African and European countries to identify their characteristic features and sources, as well as examine them as a sociocultural factor in the system of ethnic conflict origin and development.

The theoretical basis is composed of a set of scientific papers examining the process of the formation of ethnic groups and conflicts, sociological survey results, and statistical data. The methodological foundation of the study is formed by the retrospective analysis of scientific works revealing the process of ethnic group formation and the systematic approach that allowed identifying and justifying the role of identity in the genesis of ethnic groups and the structure of modern ethnic conflicts. The epistemological potential of statistical and sociological methods of quantitative and qualitative research made it possible to adequately interpret the current scientific research results regarding the hypothesis proposed by the authors. The novelty of the study and its results are determined by the original approach towards identifying the characteristic features of identity and studying its systemic relationships with the nature of modern ethnic conflicts. The results acquired in the course of the study support the conclusion that identity plays a significant role in the process of ethnic group formation, is closely intertwined with other characteristics of ethnos, and contains a specific structure of elements classified by the authors into three groups. In the context of the formation of dangers and threats to the identity, the ethnic group takes comprehensive action to counter it, which ultimately leads to the emergence and development of the ethnic conflict.

MANAGEMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES AND THEIR EFFECTS ON PROFESSIONAL SKILLS IN HIGHER EDUCATION INSTITUTIONS

Luis Alberto Núñez Lira — 2020-05-30

The objective of this work was to evaluate the management of information and communication technologies (ICT) to determine the effects that they generate on professional skills in public educational institutions in Lima (Peru). The research was a quantitative approach, with a non-experimental cross-sectional and correlational design, using the survey technique and the questionnaire as an instrument. As a result, it was found that 71.8% of the management of information technologies positively affects the development of professional skills, with a bilateral significance of 0.002. Coming to the conclusion that teachers have empowered themselves with ICTs, generating a new way of interacting between teachers and students, breaking the limitations of the classroom; improving the teaching-learning processes, strengthening their capacities and achieving significant learning.

COOPERATIVE LEARNING AND PRE-PROFESSIONAL PRACTICE LEARNING IN A UNIVERSITY IN LIMA

Isabel Menacho Vargas — 2020-05-30

The study had as a general objective to establish the relationship among cooperative learning and learning the Pre-Professional Practice course in students of the IX and X cycle of the Professional Academic School of Education. It was a basic type study, with a cross-sectional non-experimental design, of a correlational descriptive level, the population consisted of 122 students who take the Pre-Professional Practice course of the IX and X cycle of the 2015-I semester. The sample is of type non-census probability. Having used the survey and observation techniques as instruments, the cooperative learning questionnaire and a knowledge test of pre-professional practice were applied. The results were obtained using the statistical Spearman correlation coefficient, which concludes that there is a positive relationship among cooperative learning and learning of the Pre-Professional Practice course in students of the IX and X cycle of the Academic Professional School of Education.

INTERNATIONAL LEGAL STANDARDS FOR THE PROVISION OF PUBLIC SERVICES

Tetiana Korniakova — 2020-05-30

The scientific article is devoted to the coverage of international legal acts and standards in European and international practice for the provision of public services as a direction of reforming legal education in Ukraine. The directions of improving domestic legislation on the provision of public services taking into account international legal standards are proposed: the development of the theory of public services, which consists in consolidating conceptual and categorical provisions in the Concept of public services, principles of public services, quality criteria for the provision of public services, and the like; unification of the legal regulation of administrative procedures by adopting the Administrative Procedure Code of Ukraine, which would clearly disclose the issue of providing public services; fixing in the legal acts the types of legal guarantees to ensure the legality of the provision of public services: monitoring the activities of public administration entities on the provision of public services; holding public servants accountable for refusing to provide a certain type of public service; bringing into line with European experience the requirements for adoption, amendment, cancellation and the possibility of appealing individual administrative acts that are the results of the provision of public services; decentralization of power, which consists in justifying an increase in the powers of local authorities in comparison with public authorities.

METHOD OF INQUIRY AND LEARNING IN STUDENTS OF A PRIVATE UNIVERSITY

Flor de María Sánchez Aguirre — 2020-05-30

The research objective aims to describe the method of inquiry, also known as problem-based learning (inquiry) in the formation of Medical Technology students at a private university. The research route is qualitative, phenomenological and interpretive designs, inductive method, the survey and recordings are used as instruments. In the systematization of the information, a priori, a posteriori, codification and elaboration of interrelated thematic networks are carried out. The ATLAS ti program is used to interpret the categories and subcategories. It is concluded that the method of inquiry is extremely useful for the student, because it enhances their self-learning, scientific curiosity and self-discipline.

RUSSIA IN 1917:

Evgeny Yu. Oborsky — 2020-05-30

The relevance of the research is determined not only by the centenary of the Russian revolution and global political instability, but also by the attempts of overcoming the academic science’s dependence from the government propaganda. Purpose of the research is to analyze the driving forces of the revolution of 1917 and causes of the Bolsheviks’ victory. Research methods: The author uses the dialectics, positivism, principle of historicism, and deconstructivism in the paper. The selection of methods was due to avoiding party and political impact. Marxism was in use in the field of the terms like the masses, classes. Research results The study analyzed actions of social groups and individuals like townsfolk, soldiers and sailors, representatives of all-Russian and regional governing bodies. The paper provides a brief characteristics of the problem’s historiography. Th author proposes new explanation to the causes of the rise of the Bolsheviks popularity in late 1917. Practical relevance lies in the fact that this study explains meaningful and unconscious actions of the government towards possible prevention of revolutionary bursts in future.

THE ORGANIZATIONAL AND ECONOMIC POTENTIAL OF RURAL DEVELOPMENT

Alexander N. Semin — 2020-05-30

The purpose of the research presented in the article is to develop a mechanism for increasing the efficiency of the use of the organizational and economic potential of rural areas. To achieve the goal of the study on the formation of a mechanism for strengthening and developing the organizational and economic potential of rural areas, a set of methods was used. Monographic - in the study of the state of industrial and social infrastructure; method of expert evaluation - when collecting, systematizing and processing the initial information on resource, production, information and innovation, financial and economic potential; statistical method - in identifying trends, patterns of rural development. Studies show that rural areas are still in crisis. In rural settlements, 36% of the Russian unemployed and 39% of the poor live. The level of remuneration of labor employed in agriculture is only 56% of the average for the economy. Sociological surveys conducted in rural areas of the Sverdlovsk and Chelyabinsk regions of the Russian Federation showed that more than 50% of young people express their readiness to leave the countryside. Analyzing the current state of rural areas, a set of problems that reduce their attractiveness is identified. Accomplishment of the housing stock of the rural areas of the Russian Federation is still low, for example, the rural housing stock is equipped with a 54% water supply (whereas in the city - by 91%); water disposal, respectively, by 43% and 90%; heating by 66% and 92%; hot water supply by 30% and 81%, respectively. Having studied the state of the organizational and economic potential of rural areas, its composition was formed element-by-element, taking into account various environments: natural, institutional, business environment, financial and economic and information-innovation environment. This approach allows us to scientifically develop programs and measures for the development of rural areas in general and in terms of each element, while ensuring the targeting and transparency of the use of public funds allocated to support agriculture. Based on the results of the research, factors that characterize the comparative advantages and weaknesses of rural areas were identified and ranked, which allowed introducing an integral assessment of their social and economic potential

ON THE QUESTION OF PRACTICAL APPLICATION OF METHODS AND MECHANISMS FOR FORMATION OF REGIONAL INNOVATIVE DEVELOPMENT STRATEGIES

Roman V. Smirnov — 2020-05-30

It is possible to notice a recent slowdown in the rates of social and economic development in many regions of the country. This trend depends on many aspects: exhaustion of natural and raw materials, inadequate financing of re-equipment projects, utilization of outdated technologies and equipment in the production regional subsystem. As a consequence, there are: loss of competitiveness of the territory, a decline in investment, and a reduction of the living standards of the population. The key factor in creating an innovative breakthrough in the economy of the region is the concentration of resources and the creation of spatially-expressed territorial zones of outstripping economic growth with a narrow branch of specialization (“Growth Points”). Herewith, recently in Russia a significant gap has been revealed between the formed innovative intellectual products and the process of their commercialization. There is an obvious need for changes in the system of transfer of innovations and new technologies, which must have a stable effect of adaptive synergism. In the global and domestic practices, there are different methods to correctly assess (to a greater or lesser extent) the level of competitiveness of individual regions from the perspective of their innovative development. In the paper the authors analyze the methods and mechanisms of forming the stages of the implementation of the regional innovative development strategy presented in specialized literature and based on the results of assessing the level of competitiveness of the region by the criterion of the “level of innovative development”.

INDO-EUROPEAN COMMUNICATIONS:

Victor A. Novozhenov — 2020-05-30

The authors of the article studied the origin of Indo-European tribes in the light of ancient communications and the spread of the tribes according to wheeled transport relics in the steppe zone of Eastern Eurasia. The authors considered some modern theories related to Indo-European (IE) and Indo-Iranian (IIr) origin, defined IE innovations that marked the territories as possible homelands for IEs, and localized them on the map and. The authors used the method of mapping and analysing of IE innovations for localization of possible homeland teritories of IE on the maps and substantiate the polycentric model of the ancestral homeland of IE as model of “nomadic homeland”. According to this model, the IE homeland was localized in the steppe-lands of Eurasian continent, and in the course of time changed its place from Assyrian steppes to Eurasia (Europe and Ural-Kazakh steppes) by two main ways (north and south) through Margiana and Transcaucasia.

CATEGORIAL FEATURES OF POLITICAL VS. RELIGIOUS DISCOURSES:

Natalia A. Bozhenkova — 2020-05-30

The article offers a comparative description of iconic constituents of religious and political discourses as the most complex and symbolically saturated types of institutional interaction. The research is based on a systemic multi-level analysis of the component structure of discourse in order to identify and characterize linguistic and sociocultural constants and markers of semasiologically holistic polycode practices combined by certain axiological attitudes. The methodological concept aimed at modeling institutional interactions made it possible to characterize the methods and mechanisms of explication and transformation of the iconic elements of political/religious communication, which determine algorithms of verbal-discursive behavior. The combination of methods of discourse analysis, linguistic-cognitive projection and functional-pragmatic consideration of textual units of the mentioned spheres of communication made it possible to qualify and taxonomize the linguosemiotic components of discourse data, which, while receiving a specific refraction in a socio-communicative reality, clearly demonstrate the typological signs of a linguocultural universe. The results of the study indicate that, despite the conceptual contrast between politics and religion, these types of discursive practices have many correlating features, which are based on a comparable similarity of content, mechanisms and methods of generating discursive constructs, correlated principles of representation of mental categories and a definite analogy of symbolic-symbolic design of a communication process.

INFORMATION SUPPORT FOR PRO-COMPETITIVE REGULATION OF THE SOCIALLY SIGNIFICANT REGIONAL MARKETS

Viktoriya V. Bobrova — 2020-05-30

Purpose of the study: The purpose of this paper is to provide a theoretical underpinning and develop the information support for pro-competitive regulation of socially significant regional markets. Research methods: The study mainly employed the method of analyzing the content of Internet resources and quantitative evaluation of the obtained results. The study involved the analysis of 757 publications on major regional information resources regarding 15 types of priority and socially significant markets. Findings from the study. The paper suggests a method to evaluate publications on pro-competitive regulation of priority and socially significant markets on information resources available for businesses and consumers of products and services in the Orenburg region. The suggested method involved a comprehensive study of information openness of pro-competitive regulation of priority and socially significant markets and the assessment of rankings of priority and socially significant markets of Orenburg region by a set of indicators that were obtained through a survey of entrepreneurs and describe the state of the competitive environment. Conclusions. The paper presents information openness metrics for pro-competitive regulation of priority and socially significant markets. A disproportion was found in coverage of individual types of markets on Internet resources. The information resources were ranked by the level of activity in ensuring the information openness and availability of data on pro-competitive regulation of socially significant and priority markets for businesses and consumers of products and services. It is shown that the work toward information openness of pro-competitive regulation of priority and socially significant markets is inefficient. The paper has a practical value for specialists engaged in the competitive development of meso-economic market systems and professors of economics at higher education institutions

ECOLOGY OF RUSSIAN POLITICAL DISCOURSE: PROBLEM STATEMENT

Natalia A. Bozhenkova — 2020-05-30

The article offers a comparative description of typological mechanisms for political communicative practice and methods of verbal explication of its axiological and symbolic constituents, determining mental universals of individual/collective consciousness. The research position is based on the system multilevel analysis of the component structure of discourse in order to identify and characterize the linguistic and sociocultural dominants of political interaction, organized by a certain language system, taking into account the semiotic and literary-genre specifics of legitimate and illegitimate communicative acts.

The methodological concept aimed at modeling institutional interactions in the context of ecological compatibility/toxicity of the transmission of ethno-sociocultural components of the universe allowed the authors to characterize the ways and mechanisms of representation and transformation of the sign structures of political communication, which determine the algorithms of verbal and discursive behavior. The combination of methods of discourse analysis, linguistic and cognitive projection, linguistic and cultural interpretations and functional-pragmatic consideration of text units made it possible to identify and qualify the linguistic and semiotic elements of legitimate/illegitimate political practices and to carry out the ecolinguistic typology of the basic linguistic components of political communication. The results of the study indicate a special communicative register of Russian political discourse, the markers of which are the processes of diffusion/recontextualization of language and persuasive techniques, semiotic consolidation of institutional reversion, various verbal indicators of social asymmetry (from metaphorization, euphemization, nominalization to the tactics of disintegration and manipulation), which not only actualizes the linguistic and cultural resources of ideologically marked discursive practices, but also significantly expands the area of possible communication risks. The modern political logosphere, as a part of the ecosystem, synergetically included in all spheres of human communication, forms new contextual concepts, stereotypes of assessments, norms (often limiting) of verbal behavior of all subjects included in it and communicative traditions of the universum as a whole.

LEGAL FOUNDATION OF DETERMINING CRITERIA OF IMPROPER RENDERING OF MEDICAL AID IN RUSSIAN FEDERATION

Tatyana N. Balashova — 2020-05-30

This scientific paper is aimed at reviewing the applicable laws governing the medical aid rendering to the Russian Federation citizens, in particular, the RF Civil Code, the Federal Law dated 21.11.2011 No. 323-FZ “On fundamental healthcare principles in the Russian Federation”, the RF Law dated 07.07.1992 No. 2300-1 “On Protection of Consumers’ Rights”, and a number of subordinate regulatory legal acts. The article’s authors tried to analyze and to reveal criteria of improper rendering of medical aid in the Russian Federation. The authors substantiated that the medical aid, as a complex of measures, which are aimed at maintaining and (or) recovering the health and which include the rendering of medical services, must correspond to the criteria of a proper quality, a proper volume, it must be rendered by highly-qualified specialists properly, at the appropriate time and with complying with the established rights of the patients, and a notion of improper medical aid is defined. A general scientific dialectical method and a complex of scientific approaches of obtaining knowledge (formally-legal, system-structural, formally-logical) is the research’s methodological framework. The results, which the authors obtained, consist in the fact that as criteria of improper rendering of the medical aid, it is necessary to consider the conditions, volume, safety, quality, non-conformity of the medical aid with the goals, for which this medical aid is usually rendered, violation of the patients’ rights, non-optimal choice of a technology of the medical aid rendering, violation of the rights of execution of the medical documentation. In the conclusion the authors formulated the basic conclusions of the research, substantiated the necessity to develop and to enshrine an enumeration of criteria of the improper rendering of the medical aid in the applicable laws.

DYNAMIC STABILITY IN THE CHANGEABLE WORLD AND ITS LEGAL PROVISION

Vladimir K. Duyunov — 2020-05-30

The work aims at analyzing the issues of legal provision of social stability as a prerequisite of global and national safety under the changeable conditions of the contemporary world order. To this end, the authors analyze the Strategy of National Safety of the Russian Federation, approved by the Russian President in 2015, the data of sociological research of 2015–2018, statistical data, and special literature. As a result, the common notion of stability is formulated, its varieties are distinguished, features and meaning are determined. The necessity for harmonious combination of stability and changeability is highlighted. The importance of law in providing stability is emphasized. The modern trend of perpetual growth of the number of laws is criticized, as it results in the decrease of their quality, systemic character and steadiness of legislation. The conclusion is made that the key factor of providing safety is dynamic stability – a harmonious combination of stability and dynamism of all social processes.

POLISH THINK TANKS’ ACTIVITY IN THE EUROPEAN SOFT POWER POLICY

Alexandr Grigorev — 2020-05-30

The article defines the place of Polish think tanks in the all-European soft power policy. For this purpose, elements of the modified Joseph Nye’s soft power concept were used. The analysis was conducted on the example of four Polish think tanks (Polish Institute of International Affairs (PISM), Center for Eastern Studies (OSW), College of Eastern Europe (KEW) and Warsaw University Institute of Eastern Europe (SEW). The authors’ conclusions allowed determining the place of Polish think tanks in the EU foreign policy as that of organic elements aimed at achieving the goals prescribed by the European Union’s Foreign and Security Policy. At the same time, the activities of Polish think tanks are also aimed at solving the tasks of the Polish Foreign Ministry, namely the expansion of Polish influence in the Eastern European countries and the opposition to those political actors whose activities are contrary to Polish foreign policy.

PROBLEMS OF DEVELOPMENT OF THE RUSSIAN GEOGRAPHICAL EDUCATION IN SECONDARY AND HIGHER SCHOOL

Alexander N. Novikov — 2020-05-30

The article’s authors have defined their goal of not just explaining the general architecture of the geographical education, but indicating the principles of its reorganization at the intra-stage and inter-stage levels, when using the world-view formulas.~The dialectics serves as a research method. Its laws are working in the form of the world-view formulas and the world-view guidelines. Problems of training the geographical perception start at the inter-thematic level, when a factor of time between the geographical analysis of the sectorial part and the geographical synthesis of the district part is involved. A loss of the synthesis forms in the geography’s school course leads to the fact that the students cease to perceive the “sectorial geography – district geography” opposition, which makes it impossible to realize the interaction between them under the principle “sectorial analysis – regional synthesis”; a rupture of the geographical education’s integrity, and, on the whole, to a loss of the meaning of the geographical dichotomy’s formula. For the efficient convergence of the university educational programs “Principles of personal and social safety” and “Geographical Education”, the geosecuretology conception was developed into the “Principles of personal and social safety and Geography” program.

SPECIFIC NATURE AND PROSPECTS OF USING INTEGRAL METHODS OF ECONOMIC SECURITY ASSESSMENT FOR THE ARCTIC REGIONS OF RF

Roman V. Badylevich — 2020-05-30

The research relevance is conditioned by the increased attention to the issues of content and assessment of the economic security in Russia over the last years. A large number of scientific researches devoted to this theme prove it. At that, the majority of researches address the issues of economic security at a national level. Few researches in the field of economic security analysis at a regional level commonly propose multi-purpose assessment methods that do not take into account the specific nature of development and economic activity of specific regions and territories. The paper is aimed at revealing the specific nature and prospects of using the integral methods of economic security assessment for the arctic regions of RF. The proprietary methodology of assessing the economic security for the arctic regions of RF is proposed in the paper and is based on comprehensive analysis of indicators of various units of economic security, such as: capacity of the region for sustainable development, sustainability of the financial system of the region, economy dependence on the import of the essential types of products, poverty rate, scientific potential, quality of life, demography, ecology, transport accessibility. The lead approach to building a model for the economic security assessment is an indicative method with subsequent mathematical processing of actual results of the generated system of indicators on the basis of comparison thereof with the threshold limit values. Key elements of the model were selected on the basis of analysis of a large number of domestic and foreign practical developments of the principal researchers in the area of economic security assessment. The results presented in the paper can be used on the one hand for ranging the arctic regions of RF by the integral composite indicator of economic security, and on the other hand for qualitative assessment of the economic security level and the extent of potential risks for sustainable operation and development of a certain territory. The represented methodological fundamentals can also be applied for further investigations in the field of building integral models and revealing bottlenecks in the system of economic security management of different level entities.

REPRODUCTION OF FIXED ASSETS

Nadezhda A. Sereda — 2020-05-30

The relevance of research is conditioned by objective need for management of reproduction processes. Fixed assets turnover takes place through depreciation charges in which respect the depreciation policy is one of the methods of managing its reproduction. Theoretically depreciation is a source of simple reproduction, whereas in practice it can be a source of extended reproduction due to time shifting of depreciation reserve generation and replacement of fixed assets. In fact however it does not resolve even the objectives of simple reproduction due to inappropriate use. The research is directed at revealing new tools of depreciation policy, and grounding the distribution of functions of state and economic entities in management of fixed-assets reproduction. The paper specifies the role of depreciation policy as a tool for reproduction management, identifies the peculiar features of economic and accounting approach to understanding of depreciation essence and their discrepancy in settling reproduction objectives. It was established that despite the theoretical existence of the uniform, progressive and digressive methods of depreciation, presently there is not a single depreciation method in Russia referring to the progressive ones. It was suggested to introduce into practice the inflation indexation of depreciation, which refers to progressive methods – the depreciation norm grows in time interval of charging thereof. Project proposals were simulated and correlated with the actual data on the example of agricultural organizations of Kostroma oblast in Russia. It was established that depreciation indexation by 8% per year will indirectly raise the amount of state subsidies by 1.7% without direct payments through reduction of taxable base and amounts of taxes withdrawn. The method of indexed depreciation is attractive for economic entities. In this respect the state can use an additional tool of economic regulation: to oblige the enterprises selecting this method to use the depreciation reserve as per designation. Introducing the proposed depreciation method into practice allows resolving a number of objectives simultaneously: secure protection of depreciation reserve from inflation, fulfill the functions of simple and extended reproduction through depreciation. Indexed depreciation being one of the forms of state support can be introduced selectively, for instance for agricultural manufacturers only. The presented method is a tool of state support that does not refer to the measures influencing directly the production enhancement and trade restriction, and does not have hindrances for usage as per the rules of the World Trade Organization.

SOCIO-ECOLOGICAL MINISTRY OF THE RUSSIAN ORTHODOX CHURCH

Tatiana E. Lifanova — 2020-05-30

The current Russian society is characterized by close attention of the state to the environmental situation, the system of social assistance to the needy, social service and volunteering, as well as preserving the natural environment and maintaining ecological balance. The present study aims to analyze the process of socio-ecological ministry of the Russian Orthodox Church (ROC) in the late 19^th – early 20^th centuries. The results were obtained using in-depth historical, sociological, and quantitative data analysis (one-dimensional statistical analysis) of the source base: the works of prominent historians of Russia and materials from state archives. The relevance lies in the fact that the materials of the study illustrate the areas of the ministry of the ROC, poorly described in literature. Knowledge of the history of the development of a particular social industry, including the role of the ROC in the development of social charity, is an integral part of any social knowledge.

DOWER PAYMENT TO A WIFE (MAHR) BY HER HUSBAND UNDER THE SYRIAN PERSONAL STATUS LAW OF 1953 AND SOME OTHER FAMILY LAWS IN ARAB COUNTRIES

Ehab Obaid — 2020-05-30

The article considers the issue of dower, which is paid by the husband to his wife and appears as one of the husband's liabilities according to the provisions of the Syrian Personal Status Law of 1953, as well as under some other Arab family laws. The presented study examines the views of known Islamic jurisprudence schools on this issue, given that the 1953 Syrian family law, along with most of the Arab family laws, were acquired from Islamic Sharia law. The author also analyzes some decisions regarding the dower ruled by the Sharia Chamber of the Syrian Court of Cassation. The article also reviews the provisions of valid and invalid marriages in order to determine the amount of the marriage portion payment that a husband is liable to pay.

THE IMPACT OF REGIONAL TAX INCENTIVES ON INDUSTRIAL PERFORMANCE

Miliausha R. Pinskaya — 2020-05-30

The article explores the interplay between regional tax incentives and the trends in industrial performance indicators. The authors advance arguments for their statement that it is necessary to increase industrial performance in order to create growth poles and centres in regional development. They range the industrial performance indicators based on their assessment. The authors provide a rationale for the choice of areas for tax incentives at the regional level that should take into account indicators of efficiency of investments in fixed assets at industrial enterprises, innovation activities in industry, and growth of industrial production and import substitution. At the regional level, this can be achieved through the use of horizontal tax incentives, including investment tax deductions, support for R&D and special investment contracts.

BIRTH OF SAINT PETERSBURG AGGLOMERATION UNDER THE RULE OF PETER THE GREAT IN 1703–1724

Sergey V. Sementsov — 2020-05-30

Relevance of this paper’s subject is due to the necessity to elaborate a modern program of the development of Saint Petersburg agglomeration in northwest Russia for the following 15–20 years (up to the 2030s) based on the historical and genetical features of its origin and development. The aim of the paper was to study the early stage of the uprising of the initially urban (and subsequently metropolitan) Saint Petersburg agglomeration in the 1703–1720s on the basis of the drastic functional alterations of the rural resettlement scheme that had existed here over the centuries. The main approach to the problem was a comprehensive city-planning, functional and landscape analysis based on the examination of historical cartography and archival documents. Principal study results include the findings that a purposeful deliberate creation of the ‘’regular” metropolitan Saint Petersburg agglomeration on the orders of Peter the Great was conducted on the basis of the already existed rural resettlement scheme merging historically Russian territories and, partly, newly conquered in 1702–1709). In the 1703–1720s it went through three phases of the primary formation, and spatial development of the governorate and agglomeration outpaced emergence and crystallization of their single center. Future single center of the agglomeration and the center of the governorate, Saint Petersburg, developed with a chronological gap with the territories development. Thus, in the case of Saint Petersburg agglomeration, first of all territories, their nodes and routes were formed by the administrative order, and only afterwards the center was formed which integrated them. This variant of the governorate, agglomeration and their center formation is unconventional for the history of agglomerations development. The data of the article may be useful for both city-planning historians and modern urban specialists.

CRIME VICTIM COMPENSATION

Dmitriy Aleksandrovich Ivanov — 2020-05-30

this article aims to study international legal instruments that govern the compensation for crime victims in particular countries. In addition, the study aims to conduct a comparative analysis of different approaches to crime victims’ compensation stipulated in the legislation of foreign countries. The obtained results help conclude that approaches to compensation should be improved to comply with modern requirements and compensation methods.

CONCEPTUAL ISSUES RELATED TO LEGAL SELF-REGULATION IN THE FIELD OF GENOMIC RESEARCH IN RUSSIA

Kseniya Viktorovna Mashkova — 2020-05-30

Currently, the human genome is actively studied and these study results are often regarded by society as revolutionary. However, scientists involved in such research make different forecasts regarding its future achievements and practical application. This significantly complicates the process of setting certain limits to relations that should be legally regulated and protected. These arguments are justified by the legal support of the relevant relations in some countries. The article analyzes the basic guidelines developed by professional genetic associations at the international level and draws several significant conclusions that define the conceptual foundations of the self-regulation of genomic research in the Russian Federation. The study aims at considering the Russian legal mechanism of self-regulation in the field of genomic research. Its methodological basis is the theory of knowledge and the universal method of materialist dialectic. The authors of the article also use such general scientific methods as formal-logical and systematic methods, description, observation, comparison, analysis and synthesis. They have concluded that it is necessary to enshrine several provisions and professional requirements for self-regulatory communities: compliance with ethical standards in scientific research; informing (both the population and medical community) through the implementation of educational programs; correlation of genomic studies with good clinical practice and evidence-based medicine; consideration of the study results of the human genome as personal data; differentiation of medical and non-medical activities in the field of genome.

ORGANIZATIONAL AND ECONOMIC ASPECTS OF IMPLEMENTING GENDER VERIFICATION METHODS IN HIGH-LEVEL SPORTS

Mariya Aleksandrovna Borodina — 2020-05-30

Organizational and economic aspects of implementing gender verification methods in high-level sports belong to controversial issues since they are concerned with the selection of methods for identifying the corresponding genetic characteristics of the human body. From the perspective of geneticists, endocrinologists and other medical workers, their implementation has long been criticized. To determine the prospects of using genetic achievements for gender verification in high-level sports, the authors of the article have considered the role of genetic information in the sports of the highest achievements and possible correction of borderline conditions; analyzed the methods used from the viewpoint of their reliability; assessed the costs of such genetic studies and examined their organization in the context of determining a competent subject and standardizing techniques and procedures. In contrast to the previous practice of gender verification, the current studies focus on changing testosterone levels and utilize different methods, some of which determine the level of total testosterone and the others define the level of free testosterone. Based on expert estimates, the authors have concluded that the method of tandem mass spectrometry is the most effective. Since the International Association of Athletics Federations allows the medical treatment of testosterone levels as a condition for admission to international competitions, the ongoing studies cannot be limited to identifying its quantitative indicators. An additional objective is to reveal the causes of hyperandrogenism, i.e. to expand the list of the methods used whose application should be unified with due regard to modern medical advances. From the economic viewpoint, measuring testosterone levels is not expensive but the costs will inevitably increase 10-15 times for identifying the causes of hormonal imbalances.

THE PRINCIPLE OF COMPENSATION AS A GUARANTEE OF HUMAN RIGHTS AND FREEDOMS

Alexey Andreevich Demichev — 2020-05-30

The article aims at analyzing the principle of compensation enshrined in the Russian legislation as a guarantee of human rights and freedoms. Moreover, the authors of the article proceed from the positivist understanding of law principles. The main scientific method is formal legal analysis or interpretation of international and Russian laws on compensation. Based on different reasons, the authors have developed six classifications of compensation. The article concludes that 1) the principle of compensation is an interdisciplinary principle of the Russian law; 2) the principle of compensation is among effective guarantees of human rights and freedoms in Russia, while the implementation of rules governing this institute contributes to the restoration of social justice in different spheres of social life; 3) compensation covers material and non-material damage caused to individuals and legal entities, as well as costs or expenses that arise in cases specified in the relevant regulatory acts; 4) the actual grounds for compensation payments can only be lawful and unlawful action or inaction, as well as events and conditions enshrined in the corresponding law. As a result, the following definition of compensation has been proposed: compensation is reimbursement to individuals and legal entities of material and non-material damage or expenses caused by lawful and unlawful action (inaction), events and conditions, which aims at restoring social justice in cases established by regulatory legal acts.

A COMPLEX RATING ASSESSMENT OF THE FINANCIAL POSITION OF RUSSIAN AGRICULTURAL ENTERPRISES:

Oksana V. Moshchenko — 2020-05-30

The article explores the problems of choosing the key indicators for quantitative assessment of financial state of companies. The methodological aspects of this assessment are examined using the example of agricultural industry. The purpose of the study is to prove the lack of a unified methodology for comparative assessment of financial and economic activities of business entities, taking into account current business conditions and industry specifics. The objectives of the study are to develop a unified methodology for assessing business situation based on nine key indicators provided by the SPARK-INTERFAX system. The economic content of key indicators of rating assessment based on SPARK-INTERFAX system was revealed in detail. The dynamics of sectoral average indicators of pig farms over the past 8 years have been shown. Using statistical methods, it was proved that reference of some key indicators can vary between sub-industries: pig breeding, poultry farming, etc. Therefore, a rating methodology has been developed to evaluate the financial position of enterprises, taking into account industry average values, controlled for the regional level. The practical significance of the study was tested at the three largest Russian pig breeding enterprises with the revenue of more than 10,000 million rubles.

RELIGIOUS CONSCIOUSNESS OF SOCIETY AND ITS REFLECTION IN CONTEMPORARY ARTS OF TATARSTAN

Liliya R. Mukhametzyanova — 2020-05-30

Various relations between the forms of social consciousness such as art and religion are formed in the process of the historical development of the spiritual culture of mankind. In this historical phenomenon, certain religions “choose” this or that system of arts, which in the most optimal way is capable of reproducing the spiritual atmosphere and religious practice of this religion. Fine arts as the emotional-figurative affirmation of religious ideas occupies a certain place in the system of religious values. In a bright and clear form, this process is manifested in the functioning of the developed world religions, whose structure is the most stable and defined, although historically it has, of course, evolved. The present article discusses the mythological and religious themes in the works by artists of Tatarstan of the years 1990s-2000s, which reflect, above all, the two main religions represented in Tatarstan – Islam and Christianity, and often regardless of the ethnic affiliation of certain artists. And the religious tolerance inherent in the Republic of Tatarstan, the dialogue of two cultures, are reflected in this interaction, the mutual influence of various religious denominations on the worldview, on the spiritual world of people, on the creativity of artists.

CYBER SOCIALIZATION AS A FACTOR OF INFLUENCE ON THE SOCIAL HEALTH OF STUDENT YOUTH IN A MODERN EDUCATIONAL ENVIRONMENT UNDER THE DEVELOPMENT OF A GLOBAL INFORMATION SOCIETY

Elena A. Karapetyan — 2020-05-30

This publication is devoted to the consideration of the problem of cyber socialization as a factor as a factor of influence on the social health of students in the modern educational environment. The model of cyber socialization of youth in the modern information society can be shown as a unity of three hypostases: as an object of cyber socialization; as a subject of cyber socialization; as victims of the adverse conditions of cyber socialization. The authors conducted a sociological analysis of the positive and negative factors of cyber socialization affecting the formation of the social health of modern students in the development of the global information society.

PROFESSIONAL AND SOCIAL SELF-DETERMINATION OF YOUTH UNDER CONDITIONS OF THE MODERNIZATION OF HIGHER EDUCATION

Natalia Yu. Belikova — 2020-05-30

The authors emphasize that the modernization of higher education has a certain effect on the professional and social self-determination of youth. Based on the analysis of secondary empirical data, the authors note that the reform of the education system in Russia entailed the outflow of young people who are getting higher education today. Despite these indicators, the youth who aspire to get higher education have the opportunity to get international mobility, access to online education, and internships at large enterprises, which allows them to build their life and professional strategies more clearly and competently.

RUSSIAN COSMISM:

Karina S. Chikaeva — 2020-05-30

The article presents a today’s spatio-temporal panorama ahead of the great date of Cosmonautics Day and the events of 20 years ago in the context of the significance of spiritual and cosmic values for Russian people. Russian philosopher K.N. Leontiev, diplomat and publicist, emphasized the danger of liberalism and the philistinism of life in Russia and other Orthodox countries: “You need to strengthen yourself, think less about weal and more about strength. If there is power, there will be some weal” [12]. A retrospective look at the “zero” years allows us to understand the pain points of the national and spiritual interests of Russia, the importance of reviving Russia's space stronghold, preserving the political and ethical attitudes that meet the goals and objectives for which future generations will continue the cosmic achievements of the previous century.

RUSSIAN APPROACH TO ICO REGULATION

Aleksandr P. Alekseenko — 2020-05-30

Initial coin offering (ICO) is a mechanism allowing to attract investments all over the world via Internet exchanges trading digital tokens of different nature. The Decree of Russian President pointed that legal framework should be adopted till 2018. Despite high importance of this sphere, in Russia it is yet unregulated. In 2019 the Russian State Duma started the process of adoption of the draft law. The Russian draft law ‘’On Digital Financial Assets’’ aims to create legal framework for ICO which has a lot of similarities with the IPO rules. The paper studies the suitability of draft law provisions to capture digital financial assets. It is proved that proposed legal framework is inconsistent with tokenised financial instruments. Basing on the experience of Singapore it is argued that Russia shall use its approach to regulate all digital tokens constituting different financial products not only company’s shares.

THE ROLE OF EDUCATION IN THE FORMATION OF COMPETITIVENESS OF STUDENT YOUTH AT THE MODERN LABOR MARKET

Karina S. Chikaeva — 2020-05-30

In connection with the emergence of a market environment formed in the post-Soviet period and the increasing role of innovative technologies in society, our country began to feel the need for young highly qualified personnel. In the framework of this study, the authors analyze the role of education in shaping the competitiveness of student youth in the modern labor market. Based on the methodology of the secondary analysis of empirical data, the authors show that the educational institution overcomes the existing imbalance between the structure of training in the educational system and the structure of demand in the labor market through mechanisms such as attracting employers to the educational process, cooperation with business communities, and increasing the number of credits for practice in the structure of the main professional educational program, expanding the scope of the targeted student enrollment, the use of distance Online training and courses. The article also analyzes the risks of labor integration of Russian youth.

WAS NAPOLEON'S INVASION A REAL THREAT TO RUSSIA TO LOSE ITS NATIONAL SOVEREIGNTY?

Sergey G. Voskoboynikov — 2020-05-30

In this article, the authors try to find the answer to the question of what consequences could have the defeat in the First Patriotic War with Napoleon in 1812. In the search for an answer to this question, the authors conclude that Napoleon’s plans in 1812 regarding Russia should be considered as part of his more general plan to create new Europe, where France was to play a leading role. This policy of Napoleon came into direct conflict with Russia’s ally, England, which also nurtured the ideas of continental hegemony. In the eyes of Napoleon, our country possessed an ambivalent essence, synthesizing in itself the West and the East, Europe and Asia, barbarism and civilization. His intentions, therefore, were to simplify the sociocultural space of Russia. For these purposes, it was proposed to separate the western regions of Russia to include them in the Europe project and gradually weaken the remaining territory of the state.

EDUCATIONAL STRATEGIES OF THE RUSSIAN YOUTH

Inna S. Shapovalova — 2020-05-30

The paper presents the results of our study on the educational strategies of modern Russian youth. As a scientific output, the paper presents the main socialization results of educational attitudes of young people: orientation to education throughout life, the need for self-education, setting up toward obtaining a second higher degree. The main risks that accompany the identified results and the educational paths chosen by young people are identified: the risk of erroneous professional self-identification, the risk of acquiring shallow knowledge and orientation to superficial educational products. As a result of the study, the problematic field of managing the prospects of the educational choice of youth was identified, the perimeter of which comprises the problems related to meeting the needs for self-education of young people, reducing the level and depth of knowledge acquired and stored by youth, the problem of “external memory” associated with an abundance of gadgets and devices that reproduce information, and more.

ASSESSMENT OF REGULATORY-ADAPTIVE POSSIBILITIES OF STUDENTS TO THE STUDY LOAD AT A HIGHER EDUCATION INSTITUTION IN THE CONDITIONS OF A POLICULTURAL EDUCATIONAL SPACE

Julia V. Kashina — 2020-05-30

Adaptation of students to the study load and a whole range of specific factors of higher education in a multicultural educational space requires significant strain on the body's compensatory-adaptive systems. The examination of the physiological status under the study load allows timely identifying maladaptation and planning the necessary corrective measures. The research proposed and tested adaptation index, calculated by the quantitative characteristics of the regulatory-adaptive possibilities of students.

DEVELOPMENT OF MEDIATION IN RUSSIA:

Marina A. Sorokoletova — 2020-05-30

The article analyzes the development of mediation in Russia based on foreign experience. The Institute of mediation has passed a long way of development before it was established on a legislative basis and is still far from perfect. Many problems prevent the effective use of mediation. This institution cannot fully carry out the tasks assigned to it. Mediation has great potential to become a real alternative and at the same time effective way of resolving disputes in Russia, which is proved by examples of legislation in other countries and the practice of its application.

COMPARATIVE LEGAL ANALYSIS OF HEALTH SYSTEMS IN THE RUSSIAN FEDERATION AND SWITZERLAND

Yuliya S. Gusakova — 2020-05-30

This article is devoted to a comparative legal analysis of healthcare systems in Russia and in Switzerland. The fundamental differences are identified. The legal nature of the healthcare system, the implementation of state control in the field of healthcare in the Russian Federation and in Switzerland, as well as promising directions for overcoming them are revealed.

CONSTITUTIONAL LEGALIZATION OF JUDICIARY PRINCIPLES:

Aleksej P. Treskov — 2020-05-30

The article presents the results of the comparative legal study concerning the formalization of the judiciary principles in the constitutions of Latin American states. Most of the analyzed constitutions identified special sections on the judiciary, many of which are distinguished by fragmentation into smaller structural units. At the same time, the special chapters formalized the judiciary principles in the varieties of the judicial system, legal proceedings, as well as in the organization and activities of judges.

MODELS OF THE ORGANIZATION OF THE JUDICIAL SYSTEM:

Vladimir S. Sinenko — 2020-05-30

This article provides an overview of the organization of the judiciary in various countries. Firstly, attention is drawn to the legislative framework on the basis of which the system of courts in a particular state is built. Secondly, the conclusion is drawn that there are three models of the organization of the judiciary: decen-tralized; moderately centralized; strongly centralized bathroom. Examples of states in which distinguished models of the organization of the judiciary operate are given. Particular attention is paid to the place of the Russian model in the classification of judicial systems according to the degree of centralization of the judiciary.

CULTURAL DIFFERENCES OF CONFLICT RESOLUTION IN THE YOUTH ENVIRONMEN

Marina I. Kadnichanskaya — 2020-05-30

The difficulties of interethnic interaction and ensuing ethnic conflicts represent a topical research problem. At present, the problem of ethnic conflicts in the youth environment is particularly acute and serious. As in other European countries, in Russia there is a trend towards the revival of national consciousness and cultural heritage, ethnic identity, both in minorities and in large nations of a multinational country. The ethnic paradox of our time, accompanying the unification of spiritual and material culture, leads to the emergence of various positive and negative social phenomena. This paper presents the results of a theoretical and methodological analysis of ethnic conflicts in the youth environment, the causes of their occurrence and resolution technologies. On the basis of the content analysis of sociological surveys in the period from 2012 to 2019, the features of the culture of conflict interaction in the youth environment were identified and determined. The conclusions have been drawn that there are causes peculiar to each conflict situation which comprise the major one - cultural differences between peoples. It has been proved that among conflict resolution technologies, the best option is to eliminate the sources of conflict situations by implementing general cultural development in educational institutions at different stages (pre-school education, moral education and educational activities in schools, colleges and universities in the form of excursions into other nationalities) and the use of effective public policy. In addition, it has been substantiated that over time, the nature of causes, technologies for resolving ethnic conflicts tend to change to more constructive ones and influence the dynamics of the level of conflict in society.

EXPERIMENTAL LOGIC IN LEGAL ANALYSIS AND COMMUNICATION:

Joanna Osiejewicz — 2020-05-30

The concept of experimental logic of John Dewey assumes that creativity and subjectivity are the basis of a complex system of legal institutions. The aim of the article is to discuss this concept, to show its assumptions in relation to legal reasoning and to justify, based on this concept, an experimental approach to solving legal problems. A lawyer who wants to go beyond matrix thinking must develop a certain mental and practical agility. Understanding and applying the experimental logic of John Dewey allows for achieving this agility. Although the reasoning based on the assumptions of formal logic is undoubtedly necessary in the work of a lawyer, any strict application of the syllogistic form is not appropriate, as it does not refer to the actual development of law. The dichotomy between theory and practice is completely illusory, since the solution of a legal problem must take into account all its aspects, not only its formal part.

CRIMINAL LIABILITY FOR THE TRAFFICKING IN COUNTERFEITED MEDICINAL PRODUCTS:

Viktor Y. Konopelskyi — 2020-05-30

The paper focuses on consideration of factors of international, socio-economic and legal nature that determine the dynamics and content of criminal liability for trafficking in counterfeit medicines in Ukraine. Some discussion points, both theoretical and legal, concerning trafficking in counterfeit medicines are considered. Attention is drawn to the fact that counterfeits’ volume is highly dependent on the amount of patent advertising of medicines, which is an appropriate benchmark for criminals who manufacture low-quality and unregistered medicines, mainly in underground handicraft production. Particular attention is paid to the ratio of counterfeiting and patent advertising of medicines. It is investigated Art. 321-1 of the Criminal Code of Ukraine, in accordance with the perfection and clarity of legislative definitions, their compliance with requirements of systematic interrelation of criminal law provisions, justice principles and differentiation of criminal liability. It is proved that it is important to develop our own legislative and enforcement experience in the field of preventing the trafficking in of counterfeit medicines, systematic principled approaches in the part of regulatory legal formulations and their judicial interpretation during practical application. In particular, the improvement of the criminal law in terms of ensuring the clarity of penal provisions contained in Art. 321-1 of the Criminal Code of Ukraine, as well as determining the place and role of the relevant article of the Criminal Code in the system of other criminal legal norms that affect the population health.

RIGHT TO FREEDOM OF EXPRESSION IN CONDITIONS OF INFORMATION TECHNOLOGIES DEVELOPMENT

Leonid O. Iemets — 2020-05-30

The relevance of the study is stipulated by the need to rethink the essence and content of the right to Freedom of expression, which by virtue of the development of information technology has acquired new values in the information society. The development of the Internet has fostered the emergence of new human rights related to the right to Freedom of expression. The purpose of the article is to summarize existing approaches to understanding the Right to Freedom of expression, to identify correlation with other rights, taking into account the impact of information technology development on human rights, and to formulate provisions that may be basis for improving the legislation and activities of public authorities as to certain rights provision. The study is based on a dialectical approach, which necessitates the clarification of certain aspects of the formation and development of the Right to Freedom of expression and its interrelation with other human rights. As a result of the study it is found that the Right to Freedom of expression was significantly influenced by the development of the Internet. The Internet has become a factor in the formation of a new generation of human rights, which are expedient to call digital rights. These rights include the right to be forgotten, the right to access to the Internet. The main provisions of the article can be used for further study of the right to Freedom of expression and digital rights, and can also be useful for non-governmental human rights organizations and public authorities to strengthen human rights guarantees.

INNOVATIVE CORPORATE MANAGEMENT OF UNILATERAL CONTRACTS

Svetlana Jurievna Starodumova — 2020-05-30

In The article analyzes the ratio of contracts and other unilateral acts of corporate law that help manage corporations. The authors of the article pay special attention to litigation practice on the protection of preferential purchase rights upon disposing shares and stakes in the authorized capital of companies. The authors reveal the different legal nature of notifications of the sale of shares belonging to the authorized capital of a limited liability company and shares belonging to a non-public joint-stock company. The study also discloses the legal uncertainty of a unilateral refusal to conclude a corporate agreement within a company.

SEMANTIC CHARACTERISTICS OF VOCABULARY ASSOCIATED WITH IRAQI ANTI-GOVERNMENT PROTESTS IN LATE 2019 AND EARLY 2020

Hadi Nahla Jawad — 2020-06-08

This paper deals with semantic characteristic of vocabulary associated with Iraqi anti-government protests in late 2019 and early 2020, determination of its specificity, functioning and role in the implementation of the political communicative goal of the addressee.

FORMATIVE FUNCTION OF THE MIRROR STAGE:

Lidiya I. Kirsanova — 2020-06-08

In this paper we have attempted to link at least three concepts. Firstly, the idea of J. Lacan about the function of the mirror stage in the formation of the subject. A detailed distinction is made between the Eye and the Glance for new technical means that did not fall within Lacan’s view – photographs, videos and movies. The Eye is geometric: it allows one to build a plan of the place, a distance to objects in lines, squares, etc. The Glance masters the anthropological dependence on Eye, it immerses the viewer in the content of the visible: the I never see the Other from the place where the Other looks at me, which determines fragmentation of the subject in the very visional. The second concept that we have used is that the ideal I uses a set of figures created by numerous forms of culture – masks, puppets, photos, videos and film sequences, fragmenting a mirror image of an individual. The visional fragments of a partitioned body-image often connect with the I only externally like I-consciousness-in outside. The third concept is associated with the answer to the question of how the real, the imaginary, the symbolic are “packaged” as in the case of relying on quite traditional forms of culture such as mask, doll, hand puppet, marionette, and using new means of “technical reproducibility” – photographs, video, movie. Image-statics - from mask to photo, allows the subject to somehow piece together one’s self inner image, which forms the sustainability of the man’s mental world, while movement images (video, body and movie eyes), due to their high image-dynamics, form the subject of scattering, existing as external image of oneself.

THE CLUSTER FORM OF ORGANIZATION AND THE PROSPECTS FOR ITS APPLICATION TO PROVIDE THE SUSTAINABLE DEVELOPMENT OF COOPERATIVE ENTREPRENEURSHIP

Viktoriya I. Tinyakova — 2020-06-08

As a promising model for the development of the system of consumer cooperation, territorial-production clusters that have been tested by world practice can play the role of overcoming the antagonism of interests between agricultural producers and processing enterprises. The association of producers leads to a chance for a more complete utilization of capacities and thereby less costs, which reduces the percentage of production risk, and the processing enterprises provide themselves with a reliable raw material base and a guarantee for the sales of finished products. The cluster allows one to balance the cooperation and rivalry (competition) of the cluster’s members, since “the cluster is jointly and severally liable to its customers”. It is this principle that allows us to take this organizational form as the most promising one in terms of efficiency. Since it is not only the manufacturer of the final product who is responsible to the “buyer” in economic form, but all the institutional units of the cluster share entrepreneurial risks among themselves and receive a prize for these risks - profit. As criteria for the feasibility of forming a cluster, it is necessary to consider not only the economic effects achieved by combining the economic efforts of interested business subjects into a single production-distribution chain within which added value is created, but also the institutional structures of the non-economic sphere - educational, innovative, administrative and others. This form of integration becomes possible due to the flexibility of the cluster structure and the matrix-network principle of its functioning, which creates additional opportunities for the cluster to survive in conditions of fierce international competition.

COMBATING VIOLENCE AGAINST WOMEN:

Lucia Re — 2020-06-28

The essay analyzes the evolution of international and European law on gender violence. It highlights the structural nature of this global phenomenon and focuses on the interplay between women’s movements and gender mainstreaming.

PERCEPÇÕES SOBRE GÊNERO E DIREITO: O QUE NÃO SE REGISTRA NOS AUTOS DOS PROCESSOS DE DESQUITE E DIVÓRCIO

Fernanda Souza Lima — 2020-05-30

O presente artigo se propõe a discutir sobre experiências matrimoniais frustradas e/o interrompidas por meio de separações judiciais. Para tanto, foram utilizadas fontes escritas e orais, no intuito de reconstruir o passado da experiência de um casal, Joaquim e Albertina. As narrativas construídas pelas práticas cotidianas desses dois indivíduos, registram as afeiçoes de um casamento que experimentou tensões e desejos, num espaço onde o lugar das obrigações são representados pelo ritual do casamento religioso e o ritual do casamento civil. Os conflitos aqui apresentados trazem uma questão emblemática para pesquisa, pois revelam aspectos fundamentais da vida cotidiana que normamente são encobertos por hábitos e costumes da vida diária, por isso, o relato oral, confrontado com a fonte jurídica e as normas sociais, nos auxilia na compreensão de mudanças que marcam os espaços através dos seus rituais de transição. Assim, diante de tantas transformações vivenciadas no universo da família, a mulher precisou se reinventar a partir desse conjunto de mudanças ocorrida no Brasil entre as décadas de 1960 a 1970, que permitiu às mulheres colocar em causa novos valores e ideais, principalmente no espaço da família. O estabelecimento de papéis na família e na sociedade que aos poucos foram mudando, e atingindo as mulheres, que puderam vislumbrar o rompimento de laços de subordinação e dependência.

ACESSO À JUSTIÇA NO BRASIL: UMA ANÁLISE SOBRE QUESTÕES DE GÊNERO

Alícia Cechin — 2020-05-30

No Brasil, a despeito de esforços para a redução das desigualdades de gênero em diferentes aspectos e contextos, persistem evidências de que as mulheres enfrentam barreiras específicas ao tentar resolver conflitos no sistema de Justiça. Utilizando os microdados da Pesquisa Nacional por Amostra de Domicílios (PNAD) de 2009, o objetivo deste estudo é verificar se, quando vitimados por crimes violentos como furto e/ou roubo e/ou agressão física, existe um diferencial entre homens e mulheres quanto ao acesso à Justiça. Combinando a estimação logit com a metodologia de decomposição de Oaxaca-Blinder, buscou-se identificar por quais canais, indiretos e diretos, este fenômeno se expressa na realidade brasileira; sendo, este último, uma tentativa de capturar a discriminação de gênero. Os resultados apontam que, comparativamente aos homens, as mulheres vítimas de crimes violentos acessam menos o aparato de Justiça. Ademais, encontramos que este diferencial é explicado pelo componente denominado pela literatura de “termo de discriminação”, oferecendo indícios da discriminação de gênero expressa pela condição de acesso à Justiça em nosso país.

EDITORIAL

Filipe Lins Santos — 2020-06-15

Editorial

A (I)LEGALIDADE DA ASSISTÊNCIA SEXUAL NA EUROPA

Ana Catarina da Rocha Pinho — 2020-05-30

A saúde sexual da pessoa é reconhecida como um direito humano universal. Apesar disso, devido a um conjunto de barreiras existentes, algumas pessoas com diversidade funcional continuam a reclamar das dificuldades em vivenciar a esfera afetivo-sexual. No contexto europeu tem-se vindo a construir a figura de assistentes sexuais – pessoas com formação para prestar serviços sexuais a clientes com diversidade funcional – como uma das respostas possíveis para a expressão da sexualidade. Este serviço reveste-se de significados próprios consoante os meios em que são prestados, pelo que o presente artigo recorreu a um mapeamento da literatura sobre a legislação e práticas de assistência sexual em diferentes países da europa para refletir sobre a importância de desenvolver políticas públicas de saúde sexual.

REFLEXOS DAS REPRESENTAÇÕES SOCIAIS DE GÊNERO NO FUNCIONAMENTO DA GUARDA COMPARTILHADA

ROSELAINE TOLEDO — 2020-05-30

Este artigo objetivou analisar os reflexos das representações sociais de gênero no funcionamento da guarda compartilhada, considerando a visão dos operadores de direito e das famílias de Viçosa/MG, em que essa modalidade de guarda foi aplicada. Para tanto, utilizou-se de uma abordagem qualitativa, por meio de pesquisa bibliográfica e análise textual dos dados de entrevistas aplicadas junto aos referidos sujeitos, por meio do Software Iramutec. Os resultados evidenciaram que os magistrados vêm aplicando a guarda compartilhada, como regra, na comarca de Viçosa-MG, por entenderem que é dever de ambos os pais de forma igualitária o compartilhamento dos direito e deveres referentes ao seu filho, participando da sua educação, criação e cuidado, remetendo essa igualdade, nomeadamente à conquista da mulher pelo espaço público. Contudo, na visão das famílias, a divisão de papéis da maternidade e paternidade está, ainda, presente em relação à organização familiar, por considerarem que a mãe desenvolve melhor a função de cuidadora e o pai de provedor. Nesse sentido, pode-se concluir que, a despeito da guarda compartilhada ser aplicada como regra na comarca de Viçosa/MG, na prática, a guarda unilateral materna se mantém, assim como a divisão de papéis socialmente construídos.

VIOLÊNCIA OBSTÉTRICA: A RELAÇÃO ENTRE A VIOLAÇÃO DO DIREITO À ASSISTÊNCIA OBSTÉTRICA HUMANIZADA E O PATRIARCADO

Débora Fernandes Pessoa Madeira — 2020-05-30

A presente pesquisa tem como tema a violência obstétrica e trata da relação entre a violação do direito à assistência obstétrica humanizada e o patriarcado. Este tema é extremamente relevante, uma vez que apesar de atingir grande parte das mulheres brasileiras, essa violência é invisível. Essa pesquisa tem, como objetivo geral, a análise da violência obstétrica sob o enfoque das teorias feministas, principalmente sob o olhar das teorias feministas do direito, discutindo-se essa violência como uma forma de cerceamento da liberdade da mulher para com seu corpo e suas decisões acerca do ato de parir. A respeito da metodologia, a presente pesquisa de deu por meio do método da análise de conteúdo, por meio do método qualitativo. Enquanto problemas de pesquisa, tem-se: o questionamento de quais atitudes devem ser consideradas violência obstétrica; a indagação se essa violência é uma forma de cercear a mulher do direito pessoal de parir; e a relação entre a violência obstétrica praticada contra a mulher e o patriarcado. Concluiu-se que a violência obstétrica está atrelada a diversas causas e, dentre elas, o patriarcado.