scholarly journals PECULIARITIES OF CONSIDERATION OF CIVIL CASES WITH THE PARTICIPATION OF JURY IN UKRAINE

2021 ◽  
pp. 86-93
Author(s):  
S. V. Dyachenko ◽  
Yu. H. Yatsenko
Keyword(s):  
Decision Making ◽  
Legal Status ◽  
Life Experience ◽  
Jury Trial ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
The World ◽  
The Individual ◽  
High Level

The article examines the features of civil proceedings with the participation of jurors in Ukraine. It is determined that jurors all over the world are persons who, in cases specified by law, may be involved in the administration of justice and resolve criminal, civil and other cases. It is established that Until 2017 (until the relevant amendments to the Civil Procedure Code of Ukraine, which essentially became the basis for a new version of the codified act) in Ukraine there was both an institute of jurors and an institute of lay judges. Therefore, it was after the relevant changes were made that lay judges were replaced by jurors, although if we compare the mechanism of their functioning, only the name has changed. It is concluded that the importance of the participation of jurors in these categories of cases is traditionally associated with the provision of additional guarantees of respect for the rights of the individual in making appropriate decisions, given their exceptional importance for the legal status of the person. In fact, the participation of jurors is designed to enrich the court with life experience and values of society, which significantly affects the authority of the judiciary. It is established that today there are some arguments about the inexpediency of jurors in civil proceedings, so most of them are unprofessional, in particular the inability to properly assess the evidence provided by the court, as well as emotionality in decision-making. Such factors are considered more favorable for the accused, which is confirmed by the high level of acquittals with the participation of jurors in world practice. In any case, the jury trial is treated as more humane and gives the accused a better chance of proving his innocence.

scholarly journals Problems and Prospects of Legal Regulation of the Status of Persons Contributing to the Administration of Justice in Civil Proceedings

2020 ◽  
Vol 15 (1) ◽  
pp. 103-115
Author(s):  
O. N. Gorodnova ◽  
A. A. Makarushkova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
The Status ◽  
Procedural Code ◽  
The Russian Federation

Based on a comparative analysis of the norms of the procedural legislation of the Russian Federation, the paper discusses certain problems and prospects of legal regulation of the status of persons contributing to the administration of justice: expert, specialist, witness, interpreter, assistant judge, court clerk, as applied to civil proceedings.The authors analyze modern approaches to the persons contributing to the administration of justice, considering, along with traditional subjects, such a procedural figure as judicial representative in a civil procedure, taking into account the latest changes and additions to the Civil Procedure Code of the Russian Federation, entering into force on September 1, 2019.Based on a comparative analysis of the provisions of the arbitration and civil procedural laws, the authors of the paper point that the Civil Procedural Code of the Russian Federation lacks a separate chapter on legal regulation of the status of participants in civil proceedings, including those assisting in the administration of justice. This makes it difficult to establish the circle of such entities in practice. In this regard, they propose, by analogy with the Arbitration Procedure Code of the Russian Federation, to fix the circle of participants in the civil procedure in a separate chapter, revealing in detail and specifying the legal status in other articles of the Civil Procedural Code of the Russian Federation of other participants in the civil proceedings.In the paper, the authors conclude that the judicial representative must be considered as an independent subject of the civil proceedings. Finally, this problematic issue can only be resolved by making appropriate changes and additions to the Civil Procedural Code of the Russian Federation.It is noted that, despite the absence of special instructions in the Civil Procedural Code of the Russian Federation to other participants in the process, their list is not exhaustive and in fact, the circle of persons involved in the case is much wider. Such persons include court bailiffs and witnesses, whose legal status is currently debatable.

Conclusion

2018 ◽  
Author(s):  
Helena Ifill
Keyword(s):  
Nervous System ◽  
Life Experience ◽  
The World ◽  
The Individual

The whole character of the man then as we find him may be said to have been built up by the following processes. He comes into the world as an infant, with a nervous system in a comparatively undeveloped state. This nervous system as it exists in infancy is the result of the combination of the two original constitutions of its parents, plus the effects of their life-experience upon them; life-experience meaning the modifications effected in the original constitution by the whole circumstances of the whole existence of the individual. And having come into the world thus constituted, the man’s character is modified again by circumstances as he also grows from infancy to manhood, and the final result is ...

Entrepreneurial Innovative Network and the Design of Socio-Economic Neural Systems

2020 ◽  
Vol 12 (4) ◽  
pp. 1-23
Author(s):  
Olga Tikhomirova
Keyword(s):  
Neural Network ◽  
Decision Making ◽  
Group Dynamics ◽  
Innovation System ◽  
The Other ◽  
Self Organization ◽  
Neural Systems ◽  
Collective Decision Making ◽  
The World ◽  
The Individual

This article aims to establish how an idea becomes an innovation and how creativity, collective dynamics, and information are interconnected. The results of the author's study showed that the emergence of innovations is closely connected with collective collaboration, and that it is impossible outside of group dynamics. The process of self-organization and collective decision-making is realized through a synergistic interaction, which then transforms into the so-called “information laser” and serves as a basis for the emergence of innovation. Both individuals, as persons and as separate entrepreneurs, are the elements of the innovation system and the actors of the artificial neural network, socio-economic neural systems (SENS-systems). These systems act through self-organization and corporate collaboration, and the efforts of each element are amplified through the interaction with the other elements. The model of the SENS-systems can explain how the individual idea transforms into innovation and spreads throughout the world.

Talk at the Brink

2012 ◽  
Author(s):  
David R. Gibson
Keyword(s):  
Decision Making ◽  
Social Interaction ◽  
Cuban Missile Crisis ◽  
Historical Contingency ◽  
Sociological Perspective ◽  
Course Of Action ◽  
Audio Recordings ◽  
The World ◽  
High Level ◽  
Previous Scholarship

In October 1962, the fate of the world hung on the American response to the discovery of Soviet nuclear missile sites in Cuba. That response was informed by hours of discussions between John F. Kennedy and his top advisers. What those advisers did not know was that President Kennedy was secretly taping their talks, providing future scholars with a rare inside look at high-level political deliberation in a moment of crisis. This is the first book to examine these historic audio recordings from a sociological perspective. It reveals how conversational practices and dynamics shaped Kennedy's perception of the options available to him, thereby influencing his decisions and ultimately the outcome of the crisis. It looks not just at the positions taken by Kennedy and his advisers but how those positions were articulated, challenged, revised, and sometimes ignored. The book argues that Kennedy's decisions arose from the intersection of distant events unfolding in Cuba, Moscow, and the high seas with the immediate conversational minutia of turn-taking, storytelling, argument, and justification. In particular, the book shows how Kennedy's group told and retold particular stories again and again, sometimes settling upon a course of action only after the most frightening consequences were omitted or actively suppressed. This book presents an image of Kennedy's response to the Cuban missile crisis that is sharply at odds with previous scholarship, and has important implications for our understanding of decision making, deliberation, social interaction, and historical contingency.

Access to Justice: Foreign Persons and Russia's New Arbitration Procedure Code (Part I)

2007 ◽  
Vol 32 (2) ◽  
pp. 121-189
Author(s):  
Keyword(s):  
Legal Status ◽  
Access To Justice ◽  
International Treaties ◽  
Commercial Activity ◽  
Procedure Code ◽  
Administration Of Justice ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Russian Law ◽  
Commercial Courts

AbstractThis article deals with the new rules—and court practice—for the hearing of disputes involving foreigners in state arbitration (commercial) courts of the Russian Federation. It is these courts that have been entrusted with the administration of justice in cases involving entrepreneurship as well as other business and commercial activity in Russia.The author examines, inter alia, questions of the legal status of foreign persons in Russian courts, as well as the enforcement of foreign arbitral awards and court judgments. He also analyzes the mutual relationship between Russian law and international treaties to which Russia is a party that deal with the participation of foreign persons in arbitration courts.

scholarly journals The will and the need for interpretation of Thomas Aquinas

2013 ◽  
pp. 115-123
Author(s):  
Natalia Kovtun
Keyword(s):  
Social Activity ◽  
Thomas Aquinas ◽  
Social Changes ◽  
The World ◽  
Public Consciousness ◽  
The Will ◽  
The Subject ◽  
The Individual ◽  
High Level

Fundamental social changes in any society are impossible without the formation of a high level of social activity of the individual in particular and society as a whole. In the context of this important role plays the study of the correlation of will and need as an important precondition of social activity. Actually, it is the will as a creative impulse to action not only the basis of awareness of needs, but also the ascending position of the daily choice of man. On the basis of awareness and focus on the choice of the direction of activity in the individual and public consciousness formed a holistic image of the purpose of the practical transformation of the world of nature and the world of culture. In the act of will, the subject legitimizes and authorizes the subjective desire, which is constituted in this process as objectively directed meta activity.

scholarly journals Speech portrait of a journalist V. M. Peskov as a carried of the full-range type of speech culture

Litera ◽  
2020 ◽  
pp. 41-47
Author(s):  
Olga Sokolova ◽  
Susanna Stanislavskaya
Keyword(s):  
Life Experience ◽  
Full Range ◽  
Individual Characteristics ◽  
Current State ◽  
Range Type ◽  
Major Attention ◽  
The One ◽  
The Individual ◽  
High Level ◽  
Modern Mass

This article is dedicated to the speech portraying of linguistic personality of the journalist – one of the relevant problems of modern linguistics, substantiated by development of the methodology of reconstruction of linguistic personality, as well as the current state of journalism and linguistic problems of modern mass media. The authors attempt to create a speech portrait of personality of V. M. Peskov, whose words signify an example of journalistic mastery and high level of speech culture. Major attention is paid to the individual characteristics of artistic matter of the journalist that describe his linguistic personality, worldview and values. The conclusion is made that the individual speech portrait of V. M. Peskov allows determining his linguistic personality as the carrier of full-range type of speech culture that possesses not only professional, but also life experience and established system of ethical values. His signature speech indicates creative individuality and skillful use of expressive means, as well as following the laws of journalism genre and compliance with the norms of literary language. The novelty of this research consists in the authors’ attempt to reveal the individual speech characteristics of V. M. Peskov on the one hand, and qualities typical for a top-notch newspaper journalist, which would allow to develop criteria for classification of the carrier of high speech culture.

scholarly journals Psychological Wellbeing and Personality Mental Health

2018 ◽  
Author(s):  
O Zotova ◽  
L Karapetyan
Keyword(s):  
Mental Health ◽  
Subjective Wellbeing ◽  
Self Esteem ◽  
Health Improvement ◽  
Subjective Perceptions ◽  
Discourse Practices ◽  
The World ◽  
Adaptive Ability ◽  
The Individual ◽  
High Level

Wellbeing is a multifaceted phenomenon with regard to its conceptualization, fields of application, discourse practices and a great number of components. Its greatest advantage resides in health improvement and lifespan increment. Health can be considered as a source of physical and mental force, as an adaptive ability of the organism, an ideal and meaning of life, an ideal state of the individual who feels well. The aim of the study was to examine socio-psychological features of the respondents with different degrees of subjective wellbeing and health self-esteem pronouncement. As a result, the four groups involving 202 testees were singledout. The survey showed that both health self-esteem and subjective wellbeing serve as predictors not only of attitude towards the world and the self but also as a certain “frame” through the prism of which the person perceives the world around. It was revealed that the respondents with low health self-esteem are emotionallyunstable, prone to neuroticism and dissatisfaction with their life in general. The group of the testees with high health self-esteem and high level of subjective wellbeing are characterized by proactive attitude, a zest for life, positive self-esteem, lack of sustainable tension, while the respondents with low level of subjectivewellbeing and low health self-esteem exhibit an increased level of neuroticism, significance of their social environment and preoccupation with their own emotional sensations. The search for individual and typological specific features depending on the person’s subjective perceptions about his health and wellbeing allows forrevealing idiosyncratic “syndromes” of individual consciousness. Keywords: subjective wellbeing, mental health, typology.

scholarly journals THE RELATIONSHIPS BETWEEN THE INTELLECTUAL QUALITIES OF THE EDUCATIONAL INSTITUTIONS MANAGERS AND THE PROFESSIONAL CREATIVITY OF THEIR PERSONALITIES: A DESCRIPTION OF EMPTIRIC RESEARCH

2021 ◽  
Vol 5 (2) ◽  
Author(s):  
Alexander Nabochuk ◽  
◽  
Ernest Ivashkevych ◽  
Keyword(s):  
Social Intelligence ◽  
Divergent Thinking ◽  
Spiritual Life ◽  
Educational Institutions ◽  
Professional Activity ◽  
Creative Activity ◽  
The World ◽  
The Subject ◽  
The Individual ◽  
High Level

The article shows that professional creative activity is a kind of dialectic of objective and subjective content, which is realized self-development of the essence of the subject in relations with other people, products and relationships which determine professional creativity of the person. It was proved that multi-vector professional activity of managers of educational institutions was one of the most important system in relations of a man – the world. This multi-vector professional activity has the aim to distinguish self-regulation of the behavior of the specialist in the world; to direct the organization of a comprehensive way of mental adaptation to the surrounding reality as a special type of ordering the inner spiritual life of a man, his/her mental activity and professional creativity as some positive prerequisites for the organization of the spiritual life of our society. We actualized the importance of multi-vector professional activity for the person, which could be defined as a “prospective symbol of a harmonious personal structure”, through which the specialist professionally carried out cultural and multi-cultural synthesis of professional systems, individual objects and characteristics. Based on them, in general, we can conclude that the specifics of multi-vector activities (provided the implementation of its social or semantic components) contains in its structure considerable opportunities for the relationships and formation of social intelligence and qualities of divergent thinking of the subject. We formulated such psychological factors that determine the ability of the leader to professional creativity: - professional training of managers of higher educational institutions, due to the formation of personally and professionally significant experience, the formation of their creative abilities and possibilities of the individual; at the same time these creative abilities and possibilities will be directed on the achievement of valuable, axiologically significant results not only in a professional paradigm, but also in all spheres of vital activity of the person; - a high level of the development of general and social intelligence of the manager, which involves the implementation of creative actions by the individual at the level of meta-intellectual activity, which is where the true creative activity takes place, which leads to the explication of the creative achievements of the person. Thanks to this, the fourth level of the intelligence is in that fact that a person is able to establish interactions not only with various objects and other people, but also with the world as a whole, and thus is expanding the boundaries of his/her intellect and it begins a dialogue with a creative beginning of the world; - a low level of personal anxiety, which, in turn, will contribute to the formation of axiological creative potential of the individual as a frame, which is a precautionary factor of value disorientation of the leader, leveling his/her creative, viable changes in values, which, in turn, can lead to moral nihilism, professional burnout or to a state of professional degradation of the person; - the actualization of components of divergent thinking of the person which are formed in a case of managers of educational institutions with a high level of professional creativity, such as: the productivity of administrative activity, a high level of the formation of homospatial thinking, the ability to solve creative problems (mental tasks), a great speed of thinking, the ability to form a planetary thinking, flexibility of thinking, originality of thinking, the development of thinking, radial thinking, the formation of lateral thinking.

Culture, Subjectivity, and the Ethics of Patient-Centered Pain Care

2009 ◽  
Vol 18 (1) ◽  
pp. 47-56 ◽  
Author(s):  
JAMES GIORDANO ◽  
JOAN C. ENGEBRETSON ◽  
ROLAND BENEDIKTER
Keyword(s):  
Decision Making ◽  
Complex Systems ◽  
Human Ecology ◽  
External Environment ◽  
Moral Decision ◽  
Moral Decision Making ◽  
Patient Centered ◽  
The World ◽  
The Individual ◽  
Pain Care

Even the most scientifically reductionist view of the individual reveals that we are complex systems nested within complex systems. These interactions within and among systems are based and depend on numerous variables of our (internal and external) environment(s). If we define ethics as a system of moral decision making, then it becomes clear that these decisions ultimately affect the situation(s) of managing our activities and relationships with others in our environment (in essence, our being in the world). Given that ecology literally means “a study or system of wisdom and reasoning about the interrelation of organisms in their environment or place of inhabitance,” Owen Flanagan's description of ethics as “human ecology” takes on considerable relevance and importance.

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