Տրանսցենդենտալ ֆենոմենալոգիան որպես իրավական հետազոտությունների իրականացման մեթոդ

2021 ◽  
pp. 258-274
Author(s):  
Gevorg Barseghyan ◽  
Mane Markosyan ◽  
Hrayr Hovakimyan
Keyword(s):  
Transcendental Phenomenology ◽  
Phenomenological Approach ◽  
Legal Regulation ◽  
Law School ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Advantages And Disadvantages ◽  
Positive Law ◽  
The One

This article examines the essential meanings of phenomenological philosophy and law school of transcendental phenomenology. Attention is paid to methodological features of phenomenological approach of legal perception. In the context of domestic legal doctrine, attention is paid to both advantages and disadvantages of this approach. Conclusion is made that phenomenology is a specific, effective methodology synthesizing diverse explorative perceptions. Phenomenology, as a theory and methodology of law, is part of non-classical legal science, separate elements of this method are used in the context of other non-classical legal approaches such as hermeneutics and axiology of law. It must be emphasized that phenomenology of law is an alternative to sociological and natural-legal perception of law and, at the same time, in its context the synthesis of these two methods of legal exploration is done to some extent. The main feature of legal phenomenology is its orientation to modern law as a sociological process that is going on in the world of “open” life on the one hand, and to potential law as a basis for universal ideal law, on the other hand. Phenomenological approach can be used as a mechanism for exploring current positive law. From such point of view, ideal legal system is discovered in any legal regulation due to which the enforcement of legal regulation is exercised. The purpose of this work is to conduct a comprehensive study of transcendental phenomenology of law as a method of conducting legal study. In order to satisfy the purpose set above, the following problems are introduced.  The study of transcendental phenomenology as an approach,  The study of transcendental phenomenology as a research method,  The reveal of transcendental phenomenology essence as a means of methodology of acknowledgement of law. The methodological basis of this article are the dialectical and historical methods. The object and subject of the research were observed using such general and special methods of scientific knowledge, as dogmatic, comparative-legal, legal modeling, logical analysis. Based on the analysis made in the context of this work, suggestions are made which are directed at developing the efficiency of phenomenology as a means of conducting legal studies, as well as the accomplishment of legal modeling.

scholarly journals ՏՐԱՆՍՑԵՆԴԵՆՏԱԼ ՖԵՆՈՄԵՆԱԼՈԳԻԱՅԻ ՈՐՈՇ ԱՌԱՆՁՆԱՀԱՏԿՈՒԹՅՈՒՆՆԵՐԸ / CERTAIN FEATURES OF TRANSCENDENTAL PHENOMENOLOGY

2021 ◽  
pp. 131-139
Author(s):  
G. Barseghyan ◽  
M. Markosyan ◽  
H. Hovakimyan
Keyword(s):  
Transcendental Phenomenology ◽  
Phenomenological Approach ◽  
Law School ◽  
Legal Study ◽  
Legal Studies ◽  
Phenomenological Philosophy ◽  
Made In ◽  
Comprehensive Study

Սույն հոդվածում քննարկվում են ֆենոմենալոգիայի փիլիսոփայության և ֆենոմենալոգիայի տրանսցենդենտալ դպրոցի հիմնական հասկացությունները: Ուշադրություն է դարձվում իրավունքի ճանաչման ֆենոմենալոգիական մոտեցման մեթոդաբանական առանձնահատկություններին: Սույն աշխատանքի նպատակը իրավունքի տրանսցենդենտալ ֆենոմենալոգիայի՝ որպես իրավական հետազոտությունների իրականացման մեթոդի վերաբերյալ համապարփակ ուսումնասիրություն կատարելն է:ֈՀիմնվելով սույն աշխատանքի շրջանակում կատարված վերլուծության վրա՝ ներկայացվել են առաջարկներ՝ ուղղված ֆենոմենալոգիայի՝ որպես իրավական հետազոտությունների իրականացման մեթոդի կիրառության արդյունավետության բարձրացմանը, ինչպես նաև իրավական մոդելավորման կատարելագործմանըֈ: / This article examines the essential meanings of phenomenological philosophy and law school of transcendental phenomenology. Attention is paid to methodological features of phenomenological approach of legal perception. The purpose of this work is to conduct a comprehensive study of transcendental phenomenology of law as a method of conducting legal study. Based on the analysis made in the context of this work, suggestions are made which are directed at developing the efficiency of phenomenology as a means of conducting legal studies, as well as the accomplishment of legal modeling.

Israeli Law and Jewish Law — Interaction and Independence

1990 ◽  
Vol 24 (3-4) ◽  
pp. 507-524 ◽  
Author(s):  
Brahyahu Lifshitz
Keyword(s):  
Legal System ◽  
Point Of View ◽  
The Other ◽  
Jewish Law ◽  
Positive Law ◽  
Social Nature ◽  
Two Systems ◽  
The One ◽  
The Relationship

Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.

scholarly journals CURRENT TAX INITIATIVES AND INNOVATIONS: SOCIO-ECONOMIC FOUNDATIONS, THEORETICAL APPROACHES AND PRACTICAL APPLICATION

Lex Russica ◽  
2020 ◽  
pp. 135-151 ◽  
Author(s):  
M. D. Napso ◽  
M. B. Napso
Keyword(s):  
Meat Products ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
Point Of View ◽  
Excise Tax ◽  
Civic Consciousness ◽  
Legal Norms ◽  
Advantages And Disadvantages ◽  
Theoretical Approaches ◽  
Systemic Problems

The paper discusses the advantages and disadvantages of tax initiatives on the introduction of an excise tax on carbonated sweet drinks and red meat products, a fee for the use of plastic utensils and a new special tax regime for self-employed. Based on the complexity and diversity of the issues and in order to ensure the reliability of the conclusions and proposals the paper analyzes the problem in various aspects using an interdisciplinary approach: 1) in the context of topical problems of social development; 2) from the point of view of solving systemic problems of taxation in the Russian Federation and improving its legal regulation; 3) for compliance with the principles of taxation and the economic and legal essence of taxes and fees; 4) in the light of ensuring budget profitability and reducing financial costs. When considering the development of effective mechanisms of legalization, the authors proceeded from the need to ensure the unconditional constitutional obligation to pay taxes and fees, the mandatory application of penalties against defaulters, the inadmissibility of replacing the principle of obligation with the principle of voluntariness: the performance of the constitutional duty cannot be made exclusively dependent on civic consciousness and social responsibility, on the availability of various preferences. The authors are convinced that when applying incentive mechanisms, it is necessary to distinguish between non-payers and payers, without allowing the latter to be put in a worse position. The study resultes in the conclusion on the strengthening of legal regulation in terms of ensuring the mandatory tax liability, about the increase of the responsibility of legislators in the implementation of the principles of taxation in order to avoid the adoption of legal norms that contradict them.

scholarly journals Methods of beef ageing from the health safety standpoint

2019 ◽  
Vol 75 (05) ◽  
pp. 6257-2019
Author(s):  
PIOTR DOMARADZKI ◽  
MARIUSZ FLOREK ◽  
ZYGMUNT LITWIŃCZUK
Keyword(s):  
Substantial Reduction ◽  
Point Of View ◽  
Meat Tenderness ◽  
Advantages And Disadvantages ◽  
Weight Losses ◽  
Careful Treatment ◽  
High Standards ◽  
Wet Ageing ◽  
The One

Beef ageing is a technique used by meat technologists, retailers, and restaurateurs to intensify flavor and improve tenderness due to the natural enzymatic processes occurring in meat postmortem. There is a widespread consensus that meat should age to achieve desirable palatability and tenderness. However, taking into account obvious advantages and disadvantages it is questionable which technique of meat ageing is to be selected. The paper presents two techniques of beef ageing (dry and wet) and their effect on the final sensory quality of meat, weight losses, and microbiological status. On the one hand, dry ageing primarily augments the flavor of meat. On the other hand, wet ageing notably increases the meat tenderness. Unfortunately, dry ageing of unpacked beef (or beef cuts) is a process which requires specific temperatures, relative humidity, airflow, and high standards of hygienic conditions. In contrast, wet ageing of meat in a vacuum bag does not require such circumstances (with the exception of temperature). Moreover, wet ageing can further amplify the effect of dry ageing, thus creating an additional benefit. The main advantages of this combination are the constrained weight loss of beef and a substantial reduction in the risk of contamination. Although the dry beef ageing process is extremely time-consuming, requires particular attention and professional knowledge, it turns out that a narrow group of consumers is prepared to pay a premium for the properly manufactured final productthat stands out in terms of a unique taste profile. Furthermore, such a product is nutritious and completely safe from the health point of view (the lack of pathogenic microorganisms and mycotoxins as well as relatively low level of biogenic amines) when good hygienic and manufacturing practices (temperature, humidity, air-flow, careful treatment) are respected.

scholarly journals “THE LAWYER MONOPOLY” SHOULD IT BE MOVED?

2020 ◽  
Keyword(s):  
Transition Period ◽  
Point Of View ◽  
The Other ◽  
Gradual Transition ◽  
Court Cases ◽  
Advantages And Disadvantages ◽  
The Law ◽  
The One ◽  
Representation Of Interests ◽  
Autonomous Republic

The article deals with the debate on the so-called “lawyer monopoly” on representation of interests in court. The Law of Ukraine "On Amendments to the Constitution of Ukraine (on Justice)" adopted on June 2016, dated June 2, 2016, No. 1401-VIII literally divided the legal community into two camps: "for" and "against" the so-called "monopoly of the Bar". It should not be denied that both supporters of this reform and its opponents have strong arguments in favor of their beliefs. In the last four years, both camps have made new arguments in support of their point of view. But every year, since the passage of the aforementioned law, calls for change have become louder. This is due to the fact that, on the one hand, the aforementioned law introduced a gradual transition to representation in all judicial instances only by a lawyer and a prosecutor, and on the other, by the fact that the proposal to exclude the rule of “lawyer monopoly” from the Constitution of Ukraine was one of the first bills of President Vladimir Zelensky. Several steps have now been taken to abolish this "monopoly" but the whole path has not yet been completed. Thus, from January 1, 2020 the Law of Ukraine 390-IX “On Amendments to Certain Legislative Acts of Ukraine on Expanding the Possibilities of Self-Representation in the Court of State Authorities, Bodies of the Autonomous Republic of Crimea, Local Self-Government Bodies and Other Legal Entities, Whatever Their Order, came into force creation ”, but the bill announced by the President No. 1013 of 29.08.2019 still remains within the walls of the Verkhovna Rada of Ukraine. This leads to some contradictions and inconsistencies in court cases regarding who can participate in litigation. In the article the author highlights the advantages and disadvantages of "lawyer's monopoly", as well as the problematic issues of the so-called transition period.

Implementation of the personal data minimization principle in financial institutions: Lithuania’s case

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marius Laurinaitis ◽  
Darius Štitilis ◽  
Egidijus Verenius
Keyword(s):  
Financial Institutions ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Point Of View ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Minimization Principle ◽  
General Data ◽  
The One

Purpose The purpose of this paper is to assess such processing of personal data for identification purposes from the point of view of the principle of data minimisation, as set out in the EU’s General Data Protection Regulation (GDPR) and examine whether the processing of personal data for these purposes can be considered proportionate, i.e. whether it is performed for the purposes defined and only as much as is necessary. Design/methodology/approach In this paper, the authors discuss and present the relevant legal regulation and examine the goals and implementation of such regulation in Lithuania. This paper also examines the conditions for the lawful processing of personal data and their application for the above-mentioned purposes. Findings This paper addresses the problem that, on the one hand, financial institutions must comply with the objectives of collecting as much personal data as possible under the AML Directive (this practice is supported by the supervisory authority, the Bank of Lithuania), and, on the other hand, they must comply with the principle of data minimisation established by the GDPR. Originality/value Financial institutions process large amounts of personal data. These data are processed for different purposes. One of the purposes of processing personal data is (or may be) related to the prevention of money laundering and terrorist financing. In implementing the Know Your Customer principle and the relevant legal framework derived from the EU AML Directive, financial institutions collect various data, including projected account turnovers, account holders' relatives involved in politics, etc.

The Experience of the Russian Federation and the People's Republic of China

2021 ◽  
pp. 63-70
Author(s):  
A. K. Rozhkova ◽  
A. B. Chernykh
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Legal Regulation ◽  
Point Of View ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Advantages And Disadvantages ◽  
State Security ◽  
The Russian Federation

The article reveals the problem of the correlation of national security, state and security, analyzes the National security Strategies of the Russian Federation in 2015 and 2021. Attention is focused on the absence of a separate strategic planning document on ensuring state security in the Russian Federation, as well as a legal definition of the term «state security». The authors have studied the experience of legal regulation of relations related to ensuring state security in the People's Republic of China: the Law «On State Security» is analyzed from the point of view of its structure and content, the main advantages and disadvantages of this normative act are highlighted. This regulatory legal act traces the consistency and clarity of the wording, indicates the obligation of citizens of the People's Republic of China to ensure state security.

Defense of local autonomy in the Constitutional Court of Spain

2020 ◽  
Vol 29 (5) ◽  
pp. 89-111
Author(s):  
Evgeny Komlev
Keyword(s):  
Negative Impact ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Local Autonomy ◽  
Legal Doctrine ◽  
Public Authorities ◽  
Autonomous Communities ◽  
Advantages And Disadvantages ◽  
Formal Requirements

The article examines the procedure for considering complaints about violation of local autonomy in the Constitutional Court of Spain. The study is based on the analysis of legal regulation of such a category of cases as conflicts in defense of local autonomy and the relevant practice of the Constitutional Court of Spain. The aim of the study is to identify the features of Spanish procedure for protecting the local autonomy by means of constitutional justice, to determine the main advantages and disadvantages of the legal regulation of this procedure. As a result of the analysis, the author comes to the conclusion that the mechanism for defense of the local autonomy in the Constitutional Court of Spain is not free from significant drawbacks. Some of such drawbacks are mainly procedural, based on the relevant legal regulation (among them – excessive requirements for the municipalities or provinces in terms of the number of territorial entities authorized to lodge the complaint; the existence of some formal requirements that can be abolished without reduction in effectiveness of justice). Positions rooted in Spanish legislation and practice of the Constitutional Court of Spain regarding the place and role of local self-government bodies in the system of public authorities in some cases also have a negative impact on the limits of defense of the local autonomy. Such positions are often taken from German legal doctrine, but they are not always successfully adapted within the framework of the Spanish legal system. It seems that the drawbacks noted in the article do not allow to completely attain the aims for which local bodies were empowered to apply to the Constitutional Court of Spain. Among the advantages of the procedure for considering complaints about violation of local autonomy are the flexible approach of the legislator and the Constitutional Court of Spain to a number of issues; taking into account the historical and national (including linguistic) characteristics of Autonomous Communities; the interpretation of the disputed issues by the Constitutional Court of Spain mainly in favor of the applicants. The article formulates ideas regarding the possible improvement of the procedure for defense of the local autonomy in the Constitutional Court of Spain.

scholarly journals Modality in Law: Cultural Contexts Differences

2019 ◽  
pp. 21-28
Author(s):  
V. S. Glagolev
Keyword(s):  
Social Space ◽  
Point Of View ◽  
Special Importance ◽  
International Treaties ◽  
Law And Order ◽  
Anglo Saxon ◽  
Methodological Foundation ◽  
Positive Law ◽  
Communicative Practice ◽  
The One

Introduction.The article deals with the issue of cultural differences affecting positive law specifc character from the point of view of law and order awareness, as well as from the point of view of law enforcement. A classical sample is difference between Anglo-Saxon case law and written (prohibitive) law. The author scrutinizes modality types correlation, specially pointing out deontic and axiological modalities. Going back genetically to common semantic feld of sociocultural norm as a limit, rule of law can be viewed as a derivative from a broader context (“hidden modality”). This particular context presets possible interpretations limits, not always obvious for an outsider.Materials and methods.Methodological foundation for research is the comparison analysis method based on various interpretation types comparison and ascertainment of commensurability lacunas, important from the point of view of accuracy of a translation of language expressions with due consideration to their modality. Fixation on referential basis of these expressions, i.e. their principal focusing on reflection of real processes, as well as systems and consistence (“logicality”) principles peculiar to conception of positive law rational status, have a special importance in this case.Research results.The article shows that various modality types in law are connected on the one hand with linguo-cultural peculiarities, to which a specifc system of law is “tied”. On the other hand the law itself when forming its own conceptual construct enters the feld of forming a more strict and unifed (artifcial) language having reverse influence on “natural” views on rules of law. Such a language includes various modality types and exists in a complex interaction with perception of reality process and codifcation of corresponding social behavior rules, forming social space by means of such social regulator as positive law.Discussion and conclusion.The article describes basic logical conditions for making new rules of law and processing existing rules in the course of international treaties preparation. Possibilities and limitations of communicative practice influence on making rules of law have been analyzed, unobvious problems for an interpreter dealing with comparison of various sociocultural modality types specifc for national legal systems have been shown.

scholarly journals Certain Aspects of the Analysis of Cryptocurrency Transactions during the Prevention and Investigation of Crimes

2021 ◽  
Vol 80 (1) ◽  
pp. 93-100
Author(s):  
В. В. Носов ◽  
І. А. Манжай
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Risk Levels ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
Current State ◽  
Current Stage

The analysis of separate tools for the visualization of movement of cryptocurrency values, and also identification of users who carried out the corresponding transactions has been carried out. The advantages and disadvantages of cryptocurrency from the point of view of offenders and law enforcement agencies have been studied. The main directions of using cryptocurrency in a criminal environment have been determined. The current state and perspectives of normative and legal regulation of cryptocurrency in Ukraine have been analyzed. Theoretical principles of cryptocurrency functioning have been studied. The basic concepts used in this area have been revealed. The properties of cryptocurrency have been described. The mechanism of its issuance of guaranteeing pseudo-anonymity while working with cryptocurrency has been outlined. Some features of blockchain technology and formation of cryptocurrency addresses have been revealed. It has been noted that one of the first and most well-known cryptocurrency is bitcoin. The format of bitcoin address presentation has been described. It has been emphasized that bitcoin wallet software can operate with any number of addresses or each address can be served by a separate wallet. The technology of mixing transactions and the method of increasing the anonymity of CoinJoin have been described. The authors have revealed the possibilities of separate services intended for the analysis of cryptocurrency transactions (Maltego, Bitconeview, Bitiodine, OpReturnTool, Blockchain.info, Anyblockanalytics.com, Chainalysis, Elliptic, Ciphertrace, Blockchain Inspector). The process of risk assessment and construction of visual chains of cryptocurrency transactions has been demonstrated on the example of the “Crystal Expert” service. Different types of bitcoin addresses’ holders and risk levels have been described. The main and additional investigation tools used on the “Crystal Expert” platform have been revealed. Based on the conducted analysis, the authors have defined the main tasks for law enforcement agencies at the current stage of development of cryptocurrency. The basic requirements for tools designed for cryptocurrency analysis have been outlined. The authors have suggested some measures of law enforcement agencies’ respond to threats related to cryptocurrency.

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