On the Question of the Interpretation and Correlation of Fictions in the Criminal Procedural and Forensic Aspects

2021 ◽  
pp. 86-94
Author(s):  
K. A. Kalandarishvili ◽  
◽  
A. A. Mitrofanova

The article is devoted to the study of the essence, signs and correlation of fictions in the criminal procedural and forensic aspects. The methodological basis of the study was the classical and modern general philosophical and legal developments of the indicated problem, the universal dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The authors carried out a critical and analytical review of the classifications of legal fictions proposed by various scientists, the definitions of the concepts of «criminally relevant fiction», «forensic fiction», etc. As a result of the study, the authors come to the conclusion that the nature of criminal procedural and forensic fictions is different, however both of these constructs are united by their essence, which consists in the recognition of a deduction (phenomenon, event, etc.) that does not correspond to reality as existing, valid, real, as well as their criminal relevance. These phenomena are also consistent in the general rule for them, subject to strict observance: the use of both methods in no case should harm, limit the rights and freedoms of the individual.

2020 ◽  
Vol 19 (3) ◽  
pp. 5-12
Author(s):  
S.N. Sorokoumova ◽  
◽  
R.V. Laptev ◽  
◽  

the article is devoted to the theoretical aspects of voluntary self-regulation and its role in the formation of the neuropsychiatric stability of law enforcement officers. The analytical review of the problem of scientific research devoted to self-regulation is presented. Self-regulation is considered in the context of the most complex and significant problems of personal stability in general and the specifics of stress resistance in law enforcement officers in their professional activities in particular. The essence and conceptual apparatus associated with the phenomenon of self-regulation are revealed from the perspective of different branches of scientific knowledge. A special place is given to the justification of the influence of voluntary self-regulation on the neuropsychiatric stability of the individual, while arbitrary self-regulation is considered as a process and result associated with self-knowledge, labor efficiency and professional longevity of employees.


2021 ◽  
Vol 10 (40) ◽  
pp. 37-44
Author(s):  
Yevhen Khyzhniak ◽  
Andrii Khankevych ◽  
Ihor Nazarenko ◽  
Oleh Pleskach ◽  
Oleksandr Tretiak

The purpose of the article is to determine the model of operational search prediction of intentional homicide by criminal police of Ukraine. Subject of research: The subject of research is a model of operational search prediction of intentional homicides by criminal police of Ukraine. Methodology: The methodological basis for the article is general and special methods and techniques of scientific knowledge, in particular: normative and dogmatic method, epistemological method, monographic method, comparative and legal method, modeling method, method of grouping, logical and legal method, method of generalization. Research results: The characteristic of the method of prediction and its use by the bodies of criminal police is given. Practical consequences: The features of the process of construction of operational search model of a situation are considered. International experience of regulating the issue under consideration is studied. Value / originality: Based on the examination of international experience, it is proposed to apply appropriate measures to combat intentional homicide in the activities of the National Police of Ukraine.


Author(s):  
Larisa V. Abdalina ◽  
Natalia I. Plaksina

Based on the analysis of current scientific literature on the issues of improving the corporate culture of a university lecturer, the author’s definition of the concept of “corporate culture of a university lecturer” is formulated. The methodological basis of the study is represented by the following approaches. The ideas of systematic approach were the basis for considering the phenomenon under study as an integral, orderly, complexly organized education and building the process of its improvement. A culturological approach enriched the cultural foundations of considering and understanding the essence of the corporate culture of the lecturer, the process of its improvement by relying on value constructs of interaction, the presentation of cultural forms of self-development. The ideas of personal approach formed the basis for considering the personality of the lecturer with their value orientations, individuality, and subjective position as the main criterion and result of the productive transformation of corporate culture. An activity-based approach has determined the targeted, procedural, and effective components of the activity and interaction of lecturers, the special organization of which is the most important condition for the development of the lecturer’s personality and his corporate culture. The provisions of acmeological approach presented the essence of the development of the corporate culture of the lecturer by taking into account the individual nature of development, as a movement towards maturity, through its contradictions resolved by the lecturer-subject. We note the principles of consistency, humanization, unity of objective and subjective, joint activity, cultural conformity of the development of corporate culture of a university lecturer.


Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.


1947 ◽  
Vol 19 (1) ◽  
pp. 8-21
Author(s):  
T. Lonka

In Finland the protein content of the feeds is in general so low that it restricts the milk yield particularly in herds of high production capacity. This is especially significant for the reason that owing primarily to climatic factors the quality of the feeds cannot be notably improved in this respect. Therefore an effort should be made to change the composition of milk by means of breeding in such a way that it would correspond to the possibilities of feed cultivation in Finland better than at present. This would mean that it should be endeavoured to breed cows whose milk is very fat-rich but at the same time poor in protein, in which case more of the commercially valuable butterfat could be produced on the feed grown on the estate. Since a correspondingly greater amount of milk of poor protein percentage could be produced than that of protein rich milk, the breeding of such cows would not decrease the yield of protein, which is of such great food value, but as great an amount in kilograms of milk protein would be available as earlier for domestic purposes as well as dairies. We have aimed at this goal in our country in general by endeavouring to raise the fat percentage of the milk by means of breeding. It is known that protein percentage does not increase exactly as markedly as the fat percentage, wherefore the protein yield per kilogram of fat decreases as the percentage rises. The influence of breeding would however be incomparably greater if low protein percentage were selected simultaneously with high fat percentage. In the investigation we have dealt with the possibilities of such selection in Finnish cattle, in connection with which we have striven to make clear how much the protein percentage of the milk varies independently of the fat percentage. The material comprises 54 West-Finnish Native cows; the fat and protein percentages of their milk yield has been determined once a month during one lactation. The relation of fat and protein is not the same throughout the whole lactation, but it changes so that at the end of the lactation the protein percentage as compared with the fat percentage is relatively greater than at the beginning of the period (Table and Figure 1). The averages of the fat and protein percentages and likewise the correlation between them depend consequently upon the length of the calving interval. Therefore the said averages have been estimated only on the basis of 2—7 production months. Fy means of these averages r = +0.60 ± 0.09 was derived as the coefficient of correlation between the fat and protein percentages y = 1.53 + 0.39 x as the regression equation, x = fat percentage and y = protein percentage. The individual cows diverge very much from the general rule set by the regression equation, which can be concluded already from the comparatively low value of the coefficient of correlation. The protein percentage of the milk yield of the West- Finnish Native cows diverges at least about one per cent independently of the fat percentage when judging on the basis of the extreme divergencies in the material. Although a part of the divergency evidently is caused by external factors, the role of the genetic factors is nevertheless so great that there appear to be great possibilities for breeding cows producing fat-rich milk by means of breeding but having a protein which would be considerably lower than the present average.


OENO One ◽  
1999 ◽  
Vol 33 (4) ◽  
pp. 195
Author(s):  
Claudio Delfini ◽  
Chiara Cocito ◽  
M. Bonino

<p style="text-align: justify;">There are evidences that a grape must of a non aromatic vine, not having perfume and revealing by gaschromatographie only some classes of compounds common to the musts of all the vine varieties, can originate a pool of characterizing fragrant substances after contact with the yeast during fermentation. Therefore, despite the scarce scientific knowledge available on biochemical mechanisms involved in <em>Saccharomyces cerevisiae</em> in the formation of a wine aromatic pattern, it can be likely hypothesized that the yeast could be the biological motor of this aromatic transformation. The yeast can act on the compounds of the must with many periplasmic enzymes (estérases, glycosidases, lyases, lipases, proteases, peptidases, pectolytiques) and several are the scientific contributions underlining the existence of an interaction between the yeast and the vine variety in the formation of wine aromatic characteristics. Besides the individual contribution of substances sensorially active, the yeast would contribute to the transformation of unknown varietal aromatic precursors that are in the grape skins and/or musts. The biochemical, genetic and physiological aspects of this transformation still have to be understood. At the end, we have to answer some important questions such as the mutual role that grape and/or yeast enzymes have during and soon after crushing in the liberation of the varietal precursors and in the conversion of these in fragrant compounds.</p>


2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.


2021 ◽  
Vol 14 (2) ◽  
pp. 107-123
Author(s):  
Marina A. Kashina ◽  
◽  
Sergey Tkach ◽  

Methodological diversity is a condition for the development of sociology since the complexity of social reality does not allow adhering to one universal scientific paradigm. At the same time, the nature of methodological diversity in research is an indicator of the alignment of forces of agents in the field of science. Hence the research question arises — how is the influence of the external contour of science (business, public organizations, media, politicians, etc.) manifested in the methodology used by the authors of highly cited articles on values? The work is of qualitative design and the empirical base was formed by the texts of 42 of the most cited Russian articles on the issues of values posted on the RSCI platform in 2016–2019 and indexed by international scientometric databases (Scopus, Wos CC). The choice of articles on the study of values as an empirical object for assessing the nature of methodological diversity in sociology is explained by the complexity and multilevel nature of this phenomenon, and the existence of various approaches to its study, which provides ample opportunities for various methods and techniques. The research optics was the structuralist concept of the inner and outer contours of science. Analysis of the texts of articles showed that the quantitative methodology dominates (29 out of 42). In these studies, the signs of the pressure of the outer contour of science are most pronounced. The least pressure is experienced by authors of works in qualitative design, but there are very few studies in the sample of highly cited articles (2 out of 42), and the topic of values in them is optional. Promising areas for the continuation of the research are related to the analysis of the phenomenon of imitation in the process of producing scientific knowledge and its impact on methodological diversity.


2021 ◽  
Vol 7 (3C) ◽  
pp. 238-247
Author(s):  
Svitlana Tulchynska ◽  
Nataliia Shevchuk ◽  
Olha Popelo ◽  
Anna Pohrebniak ◽  
Yurii Kravchyk

In this study, the authors examine the functioning of eco-industrial parks in terms of sustainable development and the paradigm of the circular economy. The purpose of the article is to substantiate the principles of functioning of eco-industrial parks in terms of sustainable development and the paradigm of the circular economy. The methodological basis of the study is a systematic approach to the functioning of eco-industrial parks in terms of sustainable development and the paradigm of circular economy and the use of general economic and specific methods of scientific knowledge, including the method of analysis, synthesis, deduction, monograph and others. The conclusions of the study are the justification of the vision of development policy in terms of sustainable development and the formation of a circular economy in the direction of creation and operation of eco-industrial parks. The tools of ensuring the formation and functioning of eco-industrial parks in the conditions of sustainable development and the paradigm of the circular economy are proposed and the consequences of its introduction are substantiated.


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